General business conditions
Principal Elektrik sro for the sale of goods through the online store located on pelek.eu under the name Principal Elektrik sro
Content
- Contact details
- Basic terms
- Information for customers before concluding the sales contract
- The process of concluding the sales contract
- Price of goods and payment methods
- Delivery of goods and place of performance
- Rights from defective performance
- Ways to resolve and close complaints
- Personal data protection
- Force majeure
- Alternative dispute resolution
- Final part, including applicable law and jurisdiction
1. Contact details
1.1 Online store operator:
Main Elektrik sro
Headquarters: Osadní 869/32, 17000 Praha, Česko
CUI: 03402614
VAT number: CZ03402614
Authorized representative: Sergii Kryvulia
Registration court / commercial register: Municipal Court in Prague Registration number: 231166
Headquarters address: Peteřska nam 2, 11000 Prague,
(hereinafter referred to as “ seller ” or “ we ”)
Phone: +420774242766
Email:shop@pelek.eu
Customer Service: For our customers we provide customer support at the phone number and email mentioned above on weekdays between 9:00 and 17:00.
2. Basic terms
2.1 These general terms and conditions (hereinafter referred to as " GTC ") of the seller govern the mutual rights and obligations of the contracting parties arising in connection with or on the basis of the sales contract (hereinafter referred to as " sales contract ")
concluded between us and consumers or entrepreneurs (hereinafter referred to as " customer " or " you ") through Principal Elektrik sro on pelek.eu.
2.2 Online store. The seller's online store (hereinafter referred to as the " online store ") is operated on the website pelek.eu Principal Elektrik sro
2.3 What can you purchase from us? In our online store Principal Elektrik sro you can purchase products that we display and offer. If a license for use is provided, this is also included.
2.4 Who is considered a consumer? A consumer is any natural person who, outside the scope of his commercial activity or outside the scope of the independent exercise of his profession, concludes a sales contract with us or otherwise acts legally towards us (hereinafter referred to as " consumer "). The online store is intended exclusively for customers who are consumers. Sales to companies are not possible.
2.5 Products with digital content. These GTC apply to contracts for the delivery of products with digital content, unless otherwise stated. Digital content refers to data created and provided in digital form.
2.6 Products with digital elements. For contracts for the delivery of physical data carriers, which serve exclusively as carriers for digital content, these GTC apply accordingly, unless otherwise stated. Digital content refers to data created and provided in digital form.
2.7 Return of household appliances. In view of the obligations imposed by § 38 of Act 185/2001 Coll. on waste, as amended, we inform customers that old household appliances can be handed over free of charge for disposal at the following address: Kirilovova 181, 739 21 Paskov, .
3. Communications to customers before the conclusion of the sales contract
3.1 Seller's authorization and control authorities. We are authorized to sell goods on the basis of a license to practice a profession. Control of the profession is carried out by the competent authority within its competence. Control over personal data is carried out by the Personal Data Protection Office. The Czech Trade Inspectorate exercises, within the established limits, among other things, supervision of compliance with Act No. 634/1992 Coll., on consumer protection.
3.2 Illustrative nature. The photos you see on our website are for illustrative purposes only.
3.3 Additional costs. We do not charge additional costs for telecommunications means (e.g.
if you call us on our phone number, you will only pay the regular phone call rate).
3.4 Consumers have the right to withdraw from the sales contract without giving any reason, for a period of at least 14 days, which begins to run at the latest from the date of receipt of the goods (or of the last product, partial delivery or the last unit in the case of a contract for several goods in a single order, or delivery of the goods in several partial deliveries or units). The seller may offer a longer period. In order to comply with the deadline, it is sufficient to send a notification regarding the exercise of the right to withdraw from the contract before the expiry of this period.
3.5 Form for withdrawal from the sales contract. In order to exercise the right to withdraw from the contract, you must do so in a clear manner, by e-mail, telephone or address, or in another way. You may use the attached sales contract withdrawal form, but this is not an obligation.
3.6 When you do not have the possibility to withdraw from the sales contract. The customer does not have the right to withdraw from the following contracts:
3.6.1 about the delivery of goods that have been modified and/or created at the request of the customer or for his person ;
3.6.2 about the delivery of goods, the price of which depends on fluctuations in financial markets independent of our will, which may occur during the period of withdrawal from the sales contract;
3.6.3 about the delivery of goods subject to rapid deterioration , as well as goods that have been irrevocably mixed with other goods after delivery ;
3.6.4 about the delivery of goods in sealed packaging , which the consumer has removed from the packaging and for health protection or hygiene reasons is not suitable to be returned after being opened by the consumer, which also applies to audio or video recordings and computer programs , if the customer has damaged the original packaging;
3.6.5 o ubytování, převtě zboží, nájmu dovrniho přeszéku, onestánky nebo úžené volného času, if it must be performed according to the contract on a specific date or within a specific period;
3.6.6 o dodávce novin, periodik nebo časopisů with the exception of subscription contracts for their delivery;
3.6.7 o proizvodnja službe, if they have been provided in full; in the case of performance against payment, only if it began with the consumer's express prior consent before the expiry of the withdrawal period from the contract and the entrepreneur informed the consumer before the conclusion of the contract that by providing the service the right to withdraw from the contract is lost;
3.6.8 o neodkladné opravě nebo údržbě, which must be carried out at the place designated by the consumer at his express request; this does not apply to the carrying out of repairs other than those requested or the delivery of goods other than the spare parts necessary to carry out the repair or maintenance;
3.6.9 the delivery of digital content , if it was not delivered on a material medium and was delivered with your prior express consent before the expiry of the withdrawal period from the sales contract and we informed you before the conclusion of the sales contract that in this case you do not have the right to withdraw from the sales contract.
3.7 Value of the returned goods and associated costs of returning the goods. The direct costs of returning the goods are borne by you. If the value of the returned goods exceeds 990 CZK (990.01 CZK excluding shipping costs), the seller will bear the return costs.
3.8 Return of purchase price. If you withdraw from the sales contract within the withdrawal period, we are obliged to return the purchase price to you (with the exception of the additional costs if you have chosen a type of delivery other than the cheapest standard delivery offered by the seller), using the same payment method as when receiving the money, unless we agree otherwise, no later than 14 days from the moment we receive the returned goods or we have reliable proof of their dispatch. You will not be charged any fees for this return payment. If we do not receive the goods back, we are entitled not to return the purchase price.
3.9 Address for sending returned goods. The return label is usually available in the user account on pelek.eu. If we have not provided a label for returning goods, please use this address to send the goods to Kirilovova 181, 739 21 Paskov, . In addition, please contact us by e-mail shop@pelek.eu or by phone 601548120 to ensure that your rights to return goods are guaranteed and to agree on an individual procedure.
3.10 Gift. If a gift is offered to the customer together with the goods, the donation contract between us and the customer is concluded with a suspensive condition, that if the customer or we withdraw from the sales contract, the donation contract relating to that gift loses its validity and the customer is obliged to return to us the gift offered together with the goods.
4. The process of concluding the sales contract
4.1 Creating an order. The customer can choose one or more goods, adding them to the virtual shopping cart, where the customer can view the selected goods, change their quantity or remove them from the shopping cart. By clicking the "Home" button, the customer is invited to enter information regarding delivery and choose the payment method. Before completing the order, the customer is allowed to check and change the data he has entered in the order, possibly the customer data. By clicking the " Order subject to payment " button, the order process is completed and the sales contract is concluded.
4.2 Acceptance of the VOP. By submitting your order, you confirm that you have familiarized yourself with and agree to these VOP and our personal data processing policies.
4.3 Consent of the legal representative for the minor customer. If a minor customer purchases from our online store, the prior consent of his legal representative is required.
4.4 Characteristics of the goods. The customer is obliged to familiarize himself with the characteristics, type and recommended way of using the goods before completing the order. By placing the order, the customer confirms that he has become familiar with this information and that he understands it.
4.5 Order confirmation. The seller confirms receipt of the customer's order by sending an order confirmation by e-mail. This order confirmation serves only to inform the customer that the order has been received and will be processed, at the latest within 2 working days of the customer placing the order. The sales contract is already concluded when the " Order binding upon payment " button is pressed.
4.6 Contractual language. The contractual language is Czech.
4.7 Obligations arising from the sales contract. By concluding the sales contract, we undertake to deliver the purchased goods to you and to allow you to acquire ownership of the goods. You, by concluding the sales contract, undertake to take over the goods and pay us the price of the goods.
4.8 VOP copy of the form for withdrawal from the sales contract. The customer will receive a copy of the concluded sales contract, i.e. the current text of these VOP. The consumer customer will also receive the form for withdrawal from the sales contract within the legal deadline.
5. Price of goods and payment methods
5.1 Price. All prices of goods are expressed in Czech crowns (Kč) and are inclusive of VAT.
5.2 Payment options. The methods of payment for the price of the goods and any costs associated with the delivery of the goods can also be found on the seller's description page. We reserve the right not to offer the customer a partial method of payment for the goods in certain cases. The customer has the option:
5.2.1 PayPal (The Customer is redirected to PayPal, where he will pay the purchase price from his PayPal account, according to the PayPal terms of use, 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 goods. In the event of an unrealistic price of 0 CZK or a price that is very inappropriate for the market, where an inappropriate price is considered a price below our purchase cost, we reserve the right to remove this item from your proposal for concluding a sales contract. You will be informed about this by email.
5.4 Invoice format. We establish that invoices will be sent electronically, to your email address.
5.5 Full payment of the purchase price. We reserve ownership of the goods until full payment of the purchase price according to the relevant sales contract.
6. Delivery of goods and place of performance
6.1 Delivery of goods. The goods will be delivered within the delivery period specified for the respective type of goods. We undertake to deliver the goods within a maximum of 30 days. About any changes in the delivery period
we will always inform you about the delivery. Together with the purchase price, you are also obliged to pay us any costs associated with the packaging and delivery of the goods in the agreed amount, as well as a supplement for the chosen payment method. Unless otherwise specified, the purchase price also includes the costs associated with the delivery of the goods. Before the conclusion of the sales contract, you will be informed of the final price including the packaging and transport costs.
6.2 Delivery address. The goods are delivered to the address that the customer specifies in the order.
6.3 Mode of transport. The customer can choose the mode of transport of the goods to any address specified in the order.
6.4 Repeated delivery and associated costs. If, for reasons attributable to you, it is necessary to deliver the goods repeatedly or in a manner other than that specified in the order, you are obliged to pay the costs associated with the repeated delivery of the goods, respectively the costs associated with the other delivery method.
6.5 Receipt of goods. Upon receipt of the goods by the customer, the risk of damage and accidental deterioration of the quality of the purchased goods passes to the customer. If the customer was to receive the goods from the carrier, the risk passes
The risk of accidental destruction and accidental deterioration of the quality of the purchased good passes to the customer at the time he/she is allowed to dispose of the good, no earlier than the specified delivery time.
6.6 Customer's obligation upon receipt of the goods. Upon receipt of the goods, you are obliged to check them and satisfy yourself as to their characteristics (in particular whether you have received the correct type of goods, whether the goods are of the agreed quality, whether the goods in their packaging contain everything they should contain according to the instructions). In the event of visible damage to the delivery by the carrier, the customer is obliged not to accept such a delivery from the carrier at all. We assume no liability for damage caused by the carrier, possibly for delayed delivery of the goods, regardless of the reason for the delay.
6.7 Damages that may arise to the seller from the failure to take delivery of the goods. If the consumer customer does not take delivery of the goods upon delivery by the carrier, the goods are subsequently returned to the Seller and, at the same time, the consumer customer does not withdraw from the sales contract within 14 days of the failed delivery of the goods, the seller has the right to claim from the customer the costs incurred by the carrier for returning the goods to the seller. These costs represent damage for the seller that arose from the customer's breach of legal obligations.
7. Rights from defective performance
7.1 Defective performance. This part of the VOP applies to the regulation of rights and obligations in the exercise of rights from defective performance in the sale of goods between us as seller and the customer as buyer.
7.2 When to claim defective goods. You must report defects in the goods to us (claim them) without delay after the defect has occurred. Otherwise, the court will not recognize your right to a defective delivery. You have the right to claim a defect that occurs in consumer goods within 24 months of receiving this good. This does not apply to goods for which the period during which the good can be used is stated on the packaging, label, in the instructions attached to the good or in advertising, in accordance with other legal regulations. The provisions on the quality guarantee (contractual guarantee) apply here.
7.3 What happens after the 24 months have passed? After the 24 months have passed, you can no longer claim for defects in the goods. If possible for the goods in question, this period is extended by the time you were unable to use the goods because they were subject to a justified claim. Although we always try to resolve complaints in your favour, with some goods the instructions on the packaging/label/information in the leaflet must be followed – otherwise, they will deteriorate.
7.4 Contractual warranty. If a voluntary contractual warranty longer than 24 months from receipt of the good has been guaranteed for the respective good, you will be able to claim defects in the good during this period. The period is extended by the time during which you could not use the good because it was in the process of a justified claim.
7.5 Presumption that the goods are defective. If the defect becomes apparent within 12 months of taking over the goods, the goods are deemed to have been defective from the time of taking over, unless we prove otherwise.
7.6 For which defects are we not liable? We are not liable for defects in the following cases: 7.6.1 if the defect in the goods is present at the time of takeover and a reduction in the purchase price has been agreed for such defect,
7.6.2 the defect arose in the goods from wear and tear caused by normal use, or results from the nature of the goods,
7.6.3 is caused by you and has arisen due to improper storage , improper maintenance, your intervention or mechanical damage , all of which under conditions that do not correspond to temperature, dust, humidity, other environmental influences and is thus directly established by us or the manufacturer (usually on the leaflet/label of the goods), or results from legal regulations,
7.6.4 goods that have been modified by the customer and the defect arose as a result of this modification,
7.6.5 use of the goods in conditions that do not correspond to the temperature, dust, humidity, chemical and mechanical influences of the environment, which are directly established by the seller or manufacturer, or result from legal regulations,
7.6.6 the defect occurred as a result of an external event beyond our control (for example, a natural event).
7.7 What do I need to do to claim a defect in the goods? To exercise your rights from defects in the goods, please contact us via your user account on pelek.eu, based on which we will contact you and agree on the next steps. Alternatively, you can contact us directly at our email address.
7.8 Confirmation of receipt of complaint. After sending the message exercising your right to complaint, we will contact you within 2 business days. The moment of exercising the complaint is considered the moment when we receive information about exercising the complaint about the goods.
7.9 Return of the claimed goods to the seller. The goods must be returned complete, undamaged (except for the claimed defect), ideally in the original undamaged packaging, so that we can comply with the correct principles of hygiene. We will take over the goods to eliminate the defect at our expense. We will contact you to agree on the next steps.
7.10 Confirmation. After receiving the claimed goods, you will be sent a confirmation of receipt of the claim and its content to the email address you indicate.
8. Ways to resolve and close the complaint
8.1 What will influence my options? You will have the right to request the elimination of the defect that has occurred . According to your choice, you can select:
8.1.1 repair of the good; 8.1.2 delivery of a new good; or
8.1.3 delivery of the missing part.
This should not be an unreasonable request on your part. If repairing the goods would cause us significant difficulties or would not be a reasonable request in relation to the value of the goods and the extent of the defect, we will inform you. We will also do so if we assess your request for the delivery of a new good as unreasonable in relation to the defect in the goods or the value of the goods.
8.2 If it is a fundamental breach of the sales contract. If the defect constitutes a fundamental breach of the sales contract, you will have the right to withdraw from the sales contract or to request a reasonable reduction in the purchase price of the goods.
8.3 When will it be possible to request a refund of the purchase price? In certain situations, it will be possible to withdraw from the sales contract and request a refund of the purchase price. This will not be possible if the defect in the goods is not significant. What will be the situations in which you can withdraw from the sales contract and request a refund of the purchase price:
8.3.1 we refuse to eliminate the defect in the good or we have not repaired this defect within a reasonable time;
8.3.2 it will be obvious from our statement or from other circumstances that the defect will not be eliminated within a reasonable time or without significant difficulties for the buyer;
8.3.3 the defect in the goods appears repeatedly; or
8.3.4 refers to a fundamental breach of the sales contract.
8.4 When will it be possible to request a reasonable reduction in the purchase price of the good? In certain situations, you will still be able to request a reasonable reduction in the purchase price. This will not be possible if the defect in the good is not significant. What will be the situations in which you can request a reasonable reduction in the purchase price?
8.4.1 we refuse to eliminate the defect in the good or we have not repaired this defect within a reasonable time;
8.4.2 it will be obvious from our statement or from other circumstances that the defect will not be eliminated within a reasonable time or without significant difficulties for the buyer;
8.4.3 the defect in the goods appears repeatedly; or
8.4.4 refers to a fundamental breach of the sales contract.
8.5 You shall inform us of the manner in which you wish to resolve your complaint. You shall inform us of the right you have chosen to exercise in the event of defective performance, namely upon notification of the defect or without undue delay after notification of the defect. The choice made may not be changed without our consent; this does not apply if you request the repair of a defect that proves to be irreparable.
8.6 Return of original goods. In the event of the settlement of the complaint by the delivery of new goods, you are obliged to return the goods originally delivered (unless we agree otherwise). The delivery of new goods cannot be requested by the customer (and he cannot withdraw from the sales contract) if he cannot return the goods in the condition in which he received them. This does not apply if you used the goods before the defect was discovered or if a change in condition occurred during the discovery of the defect. Also, if, through no fault of your own, the goods cannot be returned in their original condition.
8.7 When will the complaint process end? The complaint process ends within 3 weeks of exercising the right of withdrawal , unless we agree otherwise.
8.8 Complaint closure. If the goods complained about were sent to us for complaint via a carrier, they will be automatically sent to your address after the complaint has been resolved, together with a confirmation of the date and manner of complaint resolution, including a confirmation of the remedy and duration of the complaint, possibly a justification for the rejection of the complaint.
8.9 Obligation upon receipt of the claimed goods. You are also obliged to check the completeness of the claimed goods upon receipt, in particular that the delivery contains everything that it should contain. Subsequent objections will not be taken into account.
9. Protection of personal data
9.1 Principles of personal data processing. Further information about what personal data we process, how, for what purpose and for how long it is processed can be found in our principles of personal data processing.
10. Force majeure
10.1 What is force majeure? Force majeure, within the meaning of these GTC, is considered to be any obstacle that has arisen independently of our will and prevents us from fulfilling our obligation, if it cannot be reasonably assumed that we could have avoided, overcome or anticipated this obstacle or its consequences. The effects exclude
liability is limited only to the period during which the obstacle with which these effects are associated persists.
11. Alternative Dispute Resolution
11.1 Out-of-court settlement of disputes. The Czech Trade Inspectorate, with its registered office at Štěpánská 567/15, 120 00 Prague 2, Tax ID: 000 20 869, internet address: https://adr.coi.cz/cs , is competent for the out-of-court settlement of consumer disputes arising from the sales contract. The platform for online dispute resolution, available at the internet address https://ec.europa.eu/consumers/odr , may be used to resolve disputes between the seller and the consumer arising from the sales contract.
11.2 European Consumer Centre Czech Republic. The European Consumer Centre Czech Republic, with its registered office at Štěpánská 567/15, 120 00 Prague 2, internet address: https://evropskyspotrebitel.cz is the contact point 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 (Regulation on online dispute resolution for consumer disputes).
11.3 Complaints. Before starting extrajudicial dispute resolution, we recommend that you contact us at our e-mail addressshop@pelek.eu . We always first try to resolve the dispute amicably. Your complaints
will be resolved within 2 business days at the latest (48 hours, this period may be extended by weekends and public holidays that are customary in the Czech Republic).
12. Final part, including applicable law and jurisdiction.
12.1 Obligation to respect consumer rights. If a provision of these VOP is in conflict with legal regulations on consumer protection, the law takes precedence and we undertake to comply with it.
12.2 Invalid or ineffective provision of the GTC. If a provision of the GTC is or becomes invalid or ineffective, provisions whose meaning comes as close as possible to the invalid provision shall take effect in place of the invalid provision. The invalidity or ineffectiveness of a provision shall not affect the validity of the other provisions.
12.3 Legal order. In the event of an international element, we determine that our legal relationship will be governed by the legal order of the Czech Republic, excluding all provisions of conflict of laws rules referring to another legal order. This choice of law shall not deprive the consumer user of the protection offered by the provisions of the legal order of the country in which he has his habitual residence. The contracting parties determine that they expressly exclude the application of the UN Convention on Contracts for the International Sale of Goods. According to Article 6(2) of the Rome I Regulation, the mandatory provisions of the law that would be applicable without this clause shall always apply.
12.4 Disputes and jurisdiction. The contracting parties agree that for the resolution of any disputes arising from the sales contract, where an international element is present, the competent courts will always be those at the place of our registered office . This does not affect the rights of consumers under special legal regulations.
12.5 If we set different conditions for the conclusion of the sales contract. The provisions of the VOP are an integral part of the sales contract. Provisions that differ from the VOP may be set out in the sales contract. Different agreements in the sales contract take precedence over the provisions of the VOP.
12.6 The need to read the VOP for concluding the sales contract. Reading these VOP is voluntary, without reading them, unfortunately, the sales contract cannot be concluded.
12.7 Validity of the VOP . These VOP are valid from 01.01.2024 and cancel the validity of previous commercial conditions.