General terms and conditions

Principal Elektrik s.r.o. for the sale of goods through the online store located at pelek.ro under the name Principal Elektrik s.r.o.

Contents

  1. Contact details
  2. Basic terms
  3. Information for Customers Before Concluding the Sales Contract
  4. Process of concluding the sales contract
  5. Price of the goods and payment methods
  6. Delivery of goods and place of performance
  7. Rights arising from defective performance
  8. Methods of resolving and handling complaints
  9. Personal data protection
  10. Force majeure
  11. Alternative dispute resolution
  12. Final provisions, including applicable law and jurisdiction

1. Contact details

1.1 Online store operator:

Principal Elektrik s.r.o.

Registered office: Osadní 869/32, 17000 Prague, Czech Republic

Company identification number: 03402614

Tax identification number: CZ03402614

Authorized representative: Sergii Kryvulia

Registration court / commercial register: Municipal Court in Prague Registration number: 231166

Registered office address: Petrska 2, 11000 Prague,

(hereinafter referred to as “seller“ or “us“)

Telephone: +420774242766

Email: info@pelek.ro

Customer service: We provide customer support to our customers at the telephone number and email address mentioned above on business days between 9:00 a.m. and 5:00 p.m.

2. Basic terms

2.1 These general terms and conditions of business (hereinafter referred to as the “GTCs”) of the seller govern the mutual rights and obligations of the contracting parties arising from or in connection with the sales contract (hereinafter referred to as the “sales contract”)

entered into between us and consumers or entrepreneurs (hereinafter referred to as the “customer” or “you”) through Principal Elektrik s.r.o. on pelek.ro.

2.2 Online store. The seller’s online store (hereinafter referred to as the “online store”) is operated by Principal Elektrik s.r.o. on the website pelek.ro.

2.3 What can you purchase from us? In our online store operated by Principal Elektrik s.r.o., you can purchase the products we present and offer for sale. If a licence to use a product is offered together with it, the licence is included in the product.

2.4 Who is considered a consumer? A consumer is any natural person who, outside their commercial activity or independent professional practice, enters into a sales contract with us or enters into other legal relationships with us (hereinafter referred to as the “consumer”). The online store is intended exclusively for customers who are consumers. Sales to legal entities or businesses are not possible.

2.5 Products with digital content. These GTCs apply accordingly to contracts for the supply of products with digital content, unless otherwise provided. Digital content means data created and supplied in digital format.

2.6 Products with Digital Elements. These Terms and Conditions apply accordingly to contracts concerning the supply of physical data carriers that serve exclusively as carriers for digital content, unless otherwise provided. Digital content means data created and supplied in digital format.

2.7 Take-Back of Used Electrical Equipment. In view of the obligations set out in § 38 of Act No. 185/2001 Sb. on Waste, as amended, we inform customers that used electrical equipment may be handed over free of charge for disposal at: Kirilovova 181, 739 21 Paskov.

3. Information for Customers Before Concluding the Sales Contract

3.1 Seller's Authorization and Supervisory Authorities. We are authorized to sell goods under a trade license. The competent authority supervises commercial activities within the scope of its powers. The Office for Personal Data Protection supervises the protection of personal data. The Czech Trade Inspection Authority, within the limits established by law, also supervises compliance with Act No. 634/1992 Sb. on Consumer Protection.

3.2 Illustrative Nature. The photographs you see on our website are for illustrative purposes only.

3.3 Additional Costs. We do not charge additional costs for using means of telecommunications (for example,

if you call us at our telephone number, you will pay only the regular telephone call rate).

3.4 Consumers have the right to withdraw from the sales contract without giving a reason within a period of at least 14 days, which begins no later than on the date of receipt of the goods or the last product, the last partial delivery, or the last item, in the case of a contract concerning multiple products ordered together or the delivery of goods in multiple partial deliveries or items. The seller may grant a longer period. To meet the deadline, it is sufficient for the notice exercising the right of withdrawal to be sent before the period expires.

3.5 Withdrawal Form for the Sales Contract. To exercise your right to withdraw from the contract, you must clearly inform us of your decision by email, telephone, post, or other means. For this purpose, you may use the attached withdrawal form for the sales contract, but its use is not mandatory.

3.6 When You Do Not Have the Right to Withdraw from the Sales Contract. The customer does not have the right to withdraw from the following contracts:

3.6.1 concerning the supply of goods that have been modified and/or created at the customer's request or personalized for them.

3.6.2 concerning the supply of goods whose price depends on fluctuations in financial markets that cannot be controlled by us and that may occur during the withdrawal period from the sales contract.

3.6.3 concerning the supply of goods that are liable to deteriorate or expire rapidly, as well as goods that, after delivery, have been inseparably mixed with other goods.

3.6.4 concerning the supply of sealed goods that were unsealed by the consumer and that, for health protection or hygiene reasons, cannot be returned after being unsealed; this also applies to audio or video recordings and computer software if the customer has unsealed the original packaging.

3.6.5 concerning accommodation, transportation of goods, vehicle rental, catering services, or leisure activities, if, under the contract, they are to be provided on a specific date or during a specific period.

3.6.6 concerning the supply of newspapers, periodicals, or magazines, except for subscription contracts for their supply.

3.6.7 concerning the supply of services if they have been fully performed; in the case of paid services, only if performance began with the consumer's prior express consent before the withdrawal period expired, and the trader informed the consumer before the contract was concluded that, by fully performing the service, they would lose their right of withdrawal.

3.6.8 concerning urgent repairs or maintenance work that must be carried out at the location indicated by the consumer, at their express request; this exception does not apply to repairs other than those requested or to the supply of goods other than the spare parts necessary to carry out the repair or maintenance.

3.6.9 concerning the supply of digital content that is not delivered on a tangible medium, if its supply began with your prior express consent before the withdrawal period from the sales contract expired and if, before the contract was concluded, you were informed that, in this case, you lose your right to withdraw from the sales contract.

3.7 Value of the returned goods and associated return costs. You are responsible for the direct costs of returning the goods. If the value of the returned goods exceeds RON 215 (i.e. starting from RON 215.01, excluding delivery costs), the seller will bear the return costs.

3.8 Refund of the purchase price. If you withdraw from the sales contract within the statutory period, we are obliged to refund the purchase price, except for any additional costs resulting from choosing a delivery method other than the cheapest standard delivery method offered by the seller. The refund will be made using the same payment method used for the initial transaction, unless we agree otherwise, no later than 14 days from the date on which we receive the returned goods or the date on which you provide us with credible proof of their shipment. You will not be charged any fee for this refund. If we do not receive the returned goods and you do not provide us with credible proof of their shipment, we are entitled to defer the refund of the purchase price.

3.9 Address for shipping returned goods. The return label is usually available in your user account on pelek.ro. If we have not provided you with a return label, use the following address to ship the goods: Kirilovova 181, 739 21 Paskov. We also ask you to contact us at the email address info@pelek.ro or by telephone at 601548120, to ensure that your rights regarding the return of the goods are respected and to agree on an individual procedure.

3.10 Gift. If a gift is offered to the customer together with the goods, the gift agreement between us and the customer is concluded subject to a condition subsequent, whereby if the customer or we withdraw from the sales contract, the gift agreement concerning that gift becomes invalid, and the customer is obliged to return the gift received together with the goods.

4. Process of concluding the sales contract

4.1 Creating an order. The customer may select one or more goods by adding them to the virtual shopping cart, where they can view the selected goods, change their quantity, or remove them from the shopping cart. By clicking the “Complete order” button, the customer is invited to enter the information required for delivery and choose a payment method. Before completing the order, the customer has the opportunity to check and modify the information entered in the order, including their identification details. By clicking the “Order with an obligation to pay” button, the ordering process is completed and the sales contract is concluded.

4.2 Acceptance of the T&Cs. By submitting the order, you confirm that you have read and agree to these T&Cs and our policy on the processing of personal data.

4.3 Consent of the legal representative for a minor customer. If a minor customer makes a purchase from our online store, the prior consent of their legal representative is required.

4.4 Characteristics of the goods. The Customer is required to familiarize themselves with the characteristics, type, and recommended method of use of the goods before completing the order. By placing the order, the Customer confirms that they have read and understood this information.

4.5 Order confirmation. The Seller confirms receipt of the Customer’s order by sending an email confirmation. This confirmation serves only to inform the Customer that the order has been received and will be processed no later than 2 business days after the order is placed. The sales contract is concluded when the “Order with obligation to pay” button is pressed.

4.6 Contractual language. The contractual language is Romanian.

4.7 Obligations arising from the sales contract. By concluding the sales contract, we undertake to deliver the purchased goods to you and transfer ownership of them to you. You undertake to accept the goods and pay their price.

4.8 Copy of the GTC and withdrawal form for the sales contract. The Customer will receive a copy of the concluded sales contract and the current version of these GTC. The consumer Customer will also receive the withdrawal form for the sales contract within the period prescribed by law.

5. Price of the goods and payment methods

5.1 Price. All prices of the goods are stated in Romanian lei (RON) and include VAT.

5.2 Payment options. The payment methods for the price of the goods and any associated delivery costs are also available on the seller’s presentation page. We reserve the right not to offer certain payment methods in individual cases. The Customer may choose from the following payment methods:

5.2.1 PayPal (The Customer is redirected to PayPal, where they pay the purchase price from their PayPal account, in accordance with PayPal’s terms and conditions, available at https://www.paypal.com)

5.2.2 Payment by card

5.2.3 Payment by bank transfer or instant bank transfer

5.2.4 Apple Pay, Google Pay

5.3 Unrealistic price of the goods. If an unrealistic price of 0 RON or an obviously incorrect price, considered to be below our purchase cost, is displayed, we reserve the right to remove the respective product from your offer to conclude the sales contract. You will be informed of this by email.

5.4 Invoice format. Invoices will be issued and sent exclusively in electronic format to your email address.

5.5 Full payment of the purchase price. We retain title to the goods until the purchase price has been paid in full in accordance with the sales contract.

6. Delivery of the goods and place of performance

6.1 Delivery of the goods. The goods will be delivered within the delivery period indicated for the respective type of goods. We undertake to deliver the goods within a maximum of 30 days. We will always inform you of any change to the delivery period.

In addition to the purchase price, you are obliged to pay any costs associated with packaging and delivery of the goods, in the agreed amount, as well as any fees applicable to the chosen payment method. Unless otherwise specified, the purchase price also includes delivery costs. Before the sales contract is concluded, you will be informed of the final price, including packaging and transport costs.

6.2 Delivery address. The goods will be delivered to the address specified by the customer in the order.

6.3 Method of transport. The customer may choose the method of transporting the goods to any address specified in the order.

6.4 Redelivery and associated costs. If, for reasons attributable to the customer, the goods need to be delivered again or delivered by a method other than the one specified in the order, the customer is obliged to bear the costs of redelivery or the costs resulting from the alternative delivery method.

6.5 Receipt of the goods. When the customer receives the goods, the risk of damage to and accidental loss of the purchased goods passes to the customer. If the goods were to be collected from the carrier, the risk passes

to the customer when they were allowed to dispose of the goods, but not before the agreed delivery date.

6.6 Customer’s obligation to accept the goods. Upon receiving the goods, you are obliged to check their condition and ensure that they correspond to the order (in particular, that you received the correct type of goods, that the goods are of the agreed quality, and that the packaging contains all the specified components and documents). In the event of visible damage to the parcel caused by the carrier, the customer is obliged to refuse acceptance. We are not liable for damage caused by the carrier or for delivery delays, regardless of their cause.

6.7 Damages the seller may incur as a result of the failure to accept the goods. If a consumer customer refuses or fails to accept the goods upon delivery, and the goods are returned to the seller while the customer does not withdraw from the sales contract within 14 days of the unsuccessful delivery attempt, the seller is entitled to request reimbursement from the customer for the costs charged by the carrier for returning the goods. These costs constitute damage suffered by the seller as a result of the customer’s breach of their legal obligations.

7. Rights arising from defective performance

7.1 Defective performance. This part of the Terms and Conditions of Sale governs the rights and obligations relating to the exercise of rights arising from defective performance in the sale of goods between us, as the seller, and the customer, as the buyer.

7.2 When can you report a defective item? You are required to notify us of a defect in the item without delay, immediately after discovering it. Otherwise, a court may not recognize your rights arising from defective performance. You have the right to report a defect in consumer goods within 24 months of receiving them. This does not apply to goods for which the period during which the item may be used is indicated on the packaging, label, accompanying instructions, or in advertising in accordance with other legal regulations. In this case, the provisions on quality guarantees (contractual warranties) apply.

7.3 What happens after the 24-month period expires? After the 24-month period expires, defects in the item can no longer be reported. Where possible for the respective item, this period is extended by the time during which you were unable to use the item because it was undergoing a justified complaint procedure. Although we always strive to resolve complaints in your favour, certain items must be used and maintained in accordance with the instructions on the packaging, label, or in the user manual; otherwise, they may become damaged.

7.4 Contractual warranty. If a voluntary contractual warranty of more than 24 months from receipt of the goods is provided for the respective item, you may report defects in it for the duration of that warranty. The period is extended by the time during which you were unable to use the item because it was undergoing a justified complaint procedure.

7.5 Presumption that the defect existed. If the defect appears within 12 months of receiving the goods, it is presumed that the goods were already defective at the time of delivery, unless we prove otherwise.

7.6 What defects are we not liable for? We are not liable for defects in the following cases:

7.6.1 if the defect in the goods already existed when they were taken over and a purchase price reduction was agreed for that defect;

7.6.2 if the defect arose as a result of normal wear and tear or results from the nature of the goods;

7.6.3 if the defect was caused by improper storage, improper maintenance, customer intervention, or mechanical damage, or by using the goods in conditions of temperature, dust, humidity, or other environmental factors that do not comply with the conditions specified by us or the manufacturer (usually in the instructions for use or on the goods’ label) or provided for by legal regulations;

7.6.4 if the goods were modified by the customer and the defect arose as a result of this modification;

7.6.5 if the goods were used in conditions that do not comply with the requirements regarding temperature, dust, humidity, or chemical and mechanical environmental influences established by the seller or manufacturer or provided for by legal regulations;

7.6.6 if the defect arose as a result of an external event beyond our control (for example, a natural disaster).

7.7 What should I do to report a defect in the goods? To exercise your rights arising from defects in the goods, please contact us through your user account on pelek.ro. We will then contact you to agree on the next steps. Alternatively, you can contact us directly at our email address.

7.8 Confirmation of receipt of the complaint. After you submit the complaint, we will contact you within 2 business days. The time at which we receive the necessary information about the complaint is considered the time when you exercise your right to make a complaint.

7.9 Returning the goods subject to the complaint to the seller. The goods must be returned complete, without any further damage (except for the reported defect), preferably in the undamaged original packaging, so that we can comply with the applicable hygiene regulations. We will bear the costs associated with remedying the defect. We will contact you to agree on the next steps.

7.10 Confirmation. After receiving the goods subject to the complaint, we will send a confirmation of receipt of the complaint and its content to the email address provided.

8. Methods for resolving and closing a complaint

8.1 What affects your options. You have the right to request that the defect be remedied. At your discretion, you may request:

8.1.1 repair of the goods; 8.1.2 replacement of the goods with new ones; or

8.1.3 delivery of the missing part.

Your request must not be unreasonable. If repairing the goods would involve disproportionate costs or difficulties for us, or would not be reasonable in relation to the value of the goods and the significance of the defect, we will inform you accordingly. We will proceed in the same way if your request to replace the goods with new ones is unreasonable in relation to the defect or the value of the goods.

8.2 In the event of a material breach of the sales contract. If the defect constitutes a material breach of the sales contract, you have the right to withdraw from the sales contract or request a reasonable reduction in the purchase price.

8.3 When can you request a refund of the purchase price? In certain situations, you have the right to withdraw from the sales contract and request a refund of the purchase price. This right does not exist if the defect is insignificant. You may request a refund of the purchase price in the following situations:

8.3.1 we refuse to remedy the defect or fail to remedy it within a reasonable period;

8.3.2 it follows from our statement or other circumstances that the defect will not be remedied within a reasonable period or without significant inconvenience to the buyer;

8.3.3 the defect recurs; or

8.3.4 the defect constitutes a material breach of the sales contract.

8.4 When can you request a reasonable reduction in the purchase price? In certain situations, you have the right to request a reasonable reduction in the purchase price. This right does not exist if the defect is insignificant. You may request a reasonable reduction in the purchase price in the following situations:

8.4.1 we refuse to remedy the defect or fail to remedy it within a reasonable period;

8.4.2 it follows from our statement or other circumstances that the defect will not be remedied within a reasonable period or without significant inconvenience to the buyer;

8.4.3 the defect recurs; or

8.4.4 the defect constitutes a material breach of the sales contract.

8.5 Communicating how the complaint will be resolved. You are required to inform us which right arising from the defective performance you choose, either when notifying us of the defect or without undue delay after notifying us. Your choice may not be changed without our consent, except if you request repair of a defect that is subsequently proven to be impossible to remedy.

8.6 Returning the original goods. If the complaint is resolved by replacing the goods with new ones, you are required to return the goods originally delivered, unless we agree otherwise. The customer may not request replacement of the goods or withdraw from the sales contract if they cannot return the goods in the condition in which they received them. This does not apply if the goods were used before the defect was discovered or if their condition changed during the examination of the defect. This rule also does not apply if the inability to return the goods in their original condition is not your fault.

8.7 When is the complaint procedure concluded? The complaint procedure is concluded within 3 weeks of exercising the rights arising from defects in the goods, unless we agree otherwise.

8.8 Conclusion of the complaint procedure. If the goods subject to a complaint were sent to us through a carrier, they will be shipped back to you after the complaint has been resolved, together with confirmation of the date and manner in which the complaint was resolved, including confirmation that the defect was remedied and the duration of the complaint procedure or, where applicable, the reasons for rejecting the complaint.

8.9 Obligation to accept returned goods subject to a complaint. You are also obliged, upon receiving the returned goods, to check whether the delivery is complete and contains all items that should be included. Subsequent complaints concerning missing components will not be taken into consideration.

9. Personal data protection

9.1 Principles of personal data processing. Further information about the personal data we process, how we process it, and the purpose and duration of such processing is available in our personal data processing policy.

10. Force majeure

10.1 What constitutes force majeure. For the purposes of these GTC, force majeure means any obstacle arising independently of our will that prevents us from fulfilling our obligations, provided that it cannot reasonably be assumed that we could have avoided, removed, or foreseen the obstacle or its consequences.

The exclusion of liability applies only for the period during which the obstacle causing these effects persists.

11. Alternative dispute resolution

11.1 Out-of-court dispute resolution. The Czech Trade Inspection Authority, located at Štěpánská 567/15, 120 00 Prague 2, Company ID No.: 000 20 869, website, is competent to resolve out-of-court consumer disputes arising from the sales contract: https://adr.coi.cz/csThe Online Dispute Resolution platform, available at https://ec.europa.eu/consumers/odrmay be used to resolve disputes between the seller and the consumer arising from the sales contract.

11.2 European Consumer Centre in the Czech Republic. The European Consumer Centre in the Czech Republic, located at Štěpánská 567/15, 120 00 Prague 2, website: https://evropskyspotrebitel.czthis is the point of contact pursuant to Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC.

11.3 Complaints. Before initiating out-of-court dispute resolution, we recommend that you contact us at our email address info@pelek.ro. We always try to resolve any dispute amicably. Your complaints

will be resolved within no more than 2 business days (48 hours; this period may be extended by days of rest and public holidays applicable in the Czech Republic).


12. Final provisions, including applicable law and jurisdiction.

12.1 Obligation to respect consumer rights. If a provision of these GTC conflicts with consumer protection legislation, the statutory provisions prevail, and we undertake to comply with them.

12.2 Invalid or ineffective provision of the GTC. If a provision of these GTC is or becomes invalid or ineffective, it will be replaced by a provision whose purpose and effect are as close as possible to the intent of the original provision. The invalidity or ineffectiveness of one provision does not affect the validity of the remaining provisions.

12.3 Applicable law. In the event of an international element, the parties agree that the legal relationship between them will be governed by the laws of the Czech Republic, excluding conflict-of-law rules that would lead to the application of another law. This choice of law does not deprive the consumer of the protection afforded by the mandatory provisions of the law of the country in which they have their habitual residence. The parties also expressly agree to exclude the application of the United Nations Convention on Contracts for the International Sale of Goods (CISG). In accordance with Article 6(2) of the Rome I Regulation, mandatory provisions that would apply even in the absence of this clause remain applicable.

12.4 Disputes and jurisdiction. The parties agree that, in the event of an international element, disputes arising from the sales contract will be resolved by the competent courts at our registered office. This provision does not affect the rights of consumers conferred by mandatory legal provisions.

12.5 Different terms agreed in the sales contract. The provisions of these GTC form an integral part of the sales contract. If different provisions are agreed in the sales contract, they prevail over the provisions of the GTC.

12.6 Need to read the GTC to conclude the sales contract. Reading these GTC is voluntary; however, it is not possible to conclude the sales contract without accepting them.

12.7 Validity of the GTC. These GTC enter into force on 01/01/2024 and replace all previous versions of the general terms and conditions of business.