General terms and conditions of business
PELEK Distribution s.r.o. for the sale of goods through its online store on the pelek.hu website, whose name is PELEK Distribution s.r.o.
Contents
- Contact details
- Basic definitions
- Messages to customers before concluding the purchase agreement
- Process for concluding the purchase agreement
- Price of goods and payment methods
- Delivery of goods and place of performance
- Rights in the event of defective performance
- Methods for handling and resolving complaints
- Personal data protection
- Force majeure
- Alternative dispute resolution
- Final provisions, including applicable law and jurisdiction
1. Contact details
1.1 Operator of the online store:
PELEK Distribution s.r.o.
Registered office: Vlkova 532/8, 13000 Prague, Czech Republic
Company registration number: 26719941
Tax identification number: CZ26719941
Representative: Sergii Kryvulia
Commercial Court / Commercial Register: Municipal Court in Prague Registration number: 231166
Business address: Peteřska nam 2, 11000 Praha,
(hereinafter: “merchant” or “we”)
Telephone: +420 705 724 353
Email: info@pelek.hu
Customer service: We provide customer support to our customers at the telephone number and email address above on business days from 9:00 a.m. to 5:00 p.m.
2. Basic definitions
2.1 These general terms and conditions of business (hereinafter: “GTC”) regulate the mutual rights and obligations of the contracting parties arising in connection with or on the basis of the purchase agreement (hereinafter: “purchase agreement”) concluded by the merchant.
concluded between us and consumers or entrepreneurs (hereinafter: “customer” or “you”) with PELEK Distribution s.r.o. on pelek.hu.
2.2 Online store. The merchant's online store (hereinafter: “online store”) operates on the pelek.hu website of PELEK Distribution s.r.o.
2.3 What can you purchase from us? In the PELEK Distribution s.r.o. online store, you can purchase the products that we display and offer. If we also offer a license for the product, you can purchase that as well.
2.4 Who is considered a consumer? A consumer is any natural person who enters into a purchase agreement with us outside the scope of their business activities or independent professional practice, or otherwise enters into a legal relationship with us (hereinafter: “consumer”). The online store is intended exclusively for consumers. Sales to companies are not possible.
2.5 Products containing digital content. These GTC apply to contracts for the supply of products containing digital content, unless otherwise provided. Digital content means data created and provided in digital form.
2.6 Products with digital elements. These GTC apply to contracts for the supply of physical media serving exclusively as carriers of digital content, unless otherwise provided. Digital content means data created and provided in digital form.
2.7 Take-back of electrical equipment. In accordance with the obligations set out in Section 38 of Government Regulation No. 185/2001 (XI. 15.), we inform our customers that old electrical equipment may be handed over free of charge for disposal at the following address: Kirilovova 181, 739 21 Paskov, .
3. Messages to customers before the purchase contract is concluded
3.1 Authority of the seller and supervisory authorities. We are authorized to sell products on the basis of a trade license. Trade licensing inspections are carried out by the relevant trade licensing authority within its jurisdiction. Personal data protection is supervised by the Data Protection Authority. Within the specified framework, the Czech Trade Inspection Authority also monitors compliance with Act No. 634/1992, among other things, concerning consumer protection.
3.2 Illustrative nature. The photographs seen on our website are for illustrative purposes only.
3.3 Additional costs. We do not charge additional costs for telecommunications equipment (e.g.
if you call us at our telephone number, you only have to pay the standard telephone call charge).
3.4 Consumers have the right to withdraw from the purchase contract without giving a reason for at least 14 days, starting from the day on which the product is received (or the last product, partial delivery or item, if the contract concerns several products ordered together or the products are delivered in several partial deliveries or items). The seller may also provide a longer period. To comply with the deadline, it is sufficient to send the notice of withdrawal from the contract before the deadline expires.
3.5 Withdrawal form for the purchase contract. To exercise the right of withdrawal, you must notify us clearly by email, telephone or letter, or by another means. You may use the attached model form for withdrawal from the purchase contract, but this is not mandatory.
3.6 When you cannot withdraw from the purchase contract. The customer is not entitled to withdraw from the following contracts:
3.6.1 for the delivery of products that have been modified at the customer's request and/or made for the customer;
3.6.2 for the delivery of products whose price depends on fluctuations in the financial markets beyond the business's control that may occur during the period for withdrawing from the purchase contract;
3.6.3 for the delivery of perishable products and products that have become irreversibly mixed with other products after delivery;
3.6.4 for the delivery of products in sealed packaging that the consumer has removed from the packaging and which are unsuitable for return for health or hygiene reasons after the consumer has broken the seal, which also applies to audio or video recordings and computer programs if the buyer has broken their original packaging;
3.6.5 for accommodation, the delivery of goods, the rental of means of transport, catering or leisure activities, if the contract provides for performance on a specific date or during a specific period;
3.6.6 for the delivery of newspapers, periodicals or magazines, except for subscription contracts for their delivery;
3.6.7 for the provision of services once they have been fully provided; in the case of payment, only if performance began with the consumer's prior express consent before the withdrawal period from the contract expired, and the business informed the consumer before concluding the contract that providing full performance would terminate the consumer's right to withdraw from the contract;
3.6.8 urgent repairs or maintenance to be carried out at the specified location at the consumer's express request; however, this does not apply to performing other repairs that were not requested or supplying goods other than spare parts necessary for the repair or maintenance;
3.6.9 digital content supplied without a tangible medium, where delivery began before the expiry of the withdrawal period with your prior express consent, and we informed you before concluding the purchase contract that in such a case you would not have the right to withdraw from the purchase contract.
3.7 Value of the returned goods and costs related to the return. You shall bear the direct costs of returning the goods. If the value of the returned goods exceeds 14 820 HUF (14 820,01 HUF excluding shipping costs), the return costs shall be borne by the trader.
3.8 Refund of the purchase price. If you withdraw from the purchase contract within the withdrawal period, we are obliged to refund the purchase price to you (excluding any additional costs if you chose a delivery method other than the cheapest standard delivery offered by the trader), using the same payment method as the one used to receive the payment, unless we agree otherwise, no later than 14 days from the date on which we received the returned product or you reliably demonstrated that it had been sent. You do not have to pay any fee for this refund. If we do not receive the goods back, we have the right to withhold the purchase price.
3.9 Shipping address for returned goods. The return label is generally available in the user account on pelek.hu. If we have not provided a return label, please use this address to return the goods: Kirilovova 181, 739 21 Paskov. Please contact us at the email address info@pelek.hu or at telephone number 601548120 so that we can ensure your rights regarding the return and arrange an individual procedure.
3.10 Gift. If the customer receives a gift together with the goods, the gift agreement between us and the customer is concluded subject to the condition that if the customer or we withdraw from the purchase contract, the gift agreement shall cease to be effective with respect to such gift, and the customer must return the gift received together with the goods.
4. Procedure for concluding the purchase contract
4.1 Creating an order. The customer can select one or more goods by placing them in their virtual shopping cart, where they can view the selected goods, change their quantities, or remove them from the shopping cart. By clicking the “Checkout” button, the customer is asked to provide information concerning delivery and the payment method. Before completing the order, the customer has the opportunity to check and modify the data they have entered, including their customer details. Clicking the “Order with obligation to pay” button completes the ordering process and concludes the purchase contract.
4.2 Acceptance of the GTC. By submitting the order, you confirm that you have read and accepted these GTC and our policies regarding the processing of personal data.
4.3 Consent of the legal representative of a minor customer. If a minor customer makes a purchase in our online store, the prior consent of their legal representative is required.
4.4 Product characteristics. Before completing the order, the customer must familiarize themselves with the characteristics, type, and recommended use of the goods. By placing the order, the customer confirms that they have familiarized themselves with this information and understand it.
4.5 Order confirmation. The seller confirms the customer's order by sending the order confirmation to the customer by email. This order confirmation serves solely to inform the customer that the order has been received and will be processed by the customer within 2 business days at the latest. The purchase contract is concluded when the “Order with obligation to pay” button is clicked.
4.6 Contract language. The contract language is Hungarian.
4.7 Obligations arising from the purchase contract. By concluding the purchase contract, we undertake to deliver the purchased goods and enable you to acquire ownership of the goods. By concluding the purchase contract, you undertake to accept the goods and pay us the price of the goods.
4.8 Copy of the GTC and the withdrawal form for the purchase contract. The customer will receive a copy of the concluded purchase contract, i.e. the current text of these GTC. The consumer customer will also receive the withdrawal form for the purchase contract within the statutory time limit.
5. The price of the goods and payment methods
5.1 Price. The prices of all products is stated in Hungarian forints (HUF) and includes VAT.
5.2 Payment options. You can also find the payment methods for the product price and any costs related to delivery on the merchant's description page. We reserve the right not to offer the buyer a partial payment method in certain cases. The buyer has the option to:
5.2.1 PayPal (The buyer will be redirected to PayPal, where they will pay the purchase price from their PayPal account, in accordance with PayPal's terms of use, which are available at https://www.paypal.com)
5.2.2 Card payment
5.2.3 Bank transfer or instant bank transfer
5.2.4 Apple Pay, Google Pay
5.3 Realistic price for the goods. If an unrealistic price of HUF 0 is displayed, or an extremely below-market price is displayed that we consider to be below our purchase price, we reserve the right to remove the item from your offer to conclude a purchase agreement. You will be notified of this at your email address.
5.4 Form of the invoice. We agree to send invoices electronically to your email address.
5.5 Full payment of the purchase price. We retain title to the goods until the purchase price under the relevant purchase agreement has been paid in full.
6. Delivery of the goods and place of performance
6.1 Delivery of the goods. We will deliver the product within the specified delivery period assigned to the type of product. We always undertake to deliver within 30 days at the latest. We will always inform you of any changes to the delivery time.
We will always inform you about the delivery time. In addition to the purchase price, you are also obliged to pay any costs related to the packaging and delivery of the product in the agreed amount, as well as the surcharge for the selected payment method. Unless expressly stated otherwise, the purchase price also includes the costs related to delivery of the goods. Before concluding the purchase agreement, you will be informed of the final price, which includes packaging and delivery costs.
6.2 Delivery address. The product will be delivered to the address specified by the buyer in the order.
6.3 Delivery method. The buyer may choose the delivery method for the goods to any address specified in the order.
6.4 Redelivery and related costs. If, for reasons attributable to you, it is necessary to deliver the goods again or in a manner different from that specified in the order, you are obliged to cover the costs associated with redelivery of the goods or the costs associated with the alternative delivery method.
6.5 Receipt of goods. At the moment the goods are received, the risk of damage and accidental deterioration in the quality of the purchased goods passes to the buyer. If the buyer was supposed to receive the goods from the carrier, then the risk passes
The risk of accidental destruction and accidental deterioration in the quality of the purchased product passes to the buyer at the moment when they are given the opportunity to use the product, but not earlier than the specified delivery date.
6.6 The buyer's obligation upon receiving the product. Upon receiving the product, the buyer must inspect it and verify its characteristics (in particular, whether they have received the correct type of product, whether the product has the agreed quality, and whether the product packaging contains everything required by the instructions for use). In the event of visible damage to the shipment, the buyer must not accept the shipment from the carrier. We are not liable for damage caused by the carrier or for late delivery of the product, regardless of the reason for the delay.
6.7 Damage that may be incurred by the seller due to failure to accept the product. If a consumer buyer does not accept the product upon delivery by the carrier, the product is returned to the Seller, and if the buyer does not cancel the purchase contract within 14 days after the failed delivery of the product, the seller is entitled to claim from the buyer the costs incurred by the carrier for returning the product. This cost constitutes damage to the seller resulting from the buyer's breach of their legal obligations.
7. Rights arising from defective performance
7.1 Defective performance. This section of the GTC governs the rights and obligations arising when asserting rights resulting from defective performance in the sale of products between us, as the seller, and the customer, as the buyer.
7.2 When to make a claim for a defective product. We are obliged to report (make a claim regarding) defects in the product without delay after the defect appears. Otherwise, a court would not recognize the right arising from defective performance. We are entitled to report defects that occur in the case of consumer goods within 24 months of receiving the product. This does not apply to products for which the period during which the product may be used is specified on the packaging, label, instructions for use attached to the product, or in an advertisement in accordance with other legislation. The provisions concerning the quality guarantee (contractual guarantee) apply here.
7.3 What happens after 24 months? After 24 months, defects in the product can no longer be reported. Where possible for the product, this period is extended by the time during which you were unable to use the product because it was subject to a legitimate claim procedure. Although we strive to handle claims to your satisfaction, for certain products it is necessary to follow the instructions provided on the packaging/label/package leaflet - otherwise damage may occur.
7.4 Contractual warranty. If a voluntary contractual warranty was provided for the product that is longer than 24 months from the date of acceptance of the product, you may report defects in the product during this period. The period is extended by the time during which you were unable to use the product because it was subject to a legitimate claim procedure.
7.5 Presumption that the product is defective. If the defect becomes apparent within 12 months of accepting the product, it shall be presumed that the product was already defective at the time of acceptance, 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 already existed in the product at the time of acceptance and a price reduction was granted for such defect,
7.6.2 the defect was caused by wear and tear resulting from normal use of the product, or if this is inherent in the nature of the product,
7.6.3 caused by you and improper storage, improper maintenance, your intervention or mechanical damage resulting from conditions that do not comply with the temperature, dust levels, humidity or other environmental effects specified directly by us or the manufacturer (usually in the product information leaflet / on the label), or arising from legislation,
7.6.4 the product was modified by the purchaser, and the defect was caused by this modification,
7.6.5 the product was used in conditions that do not comply with the temperature, dust levels, humidity, chemical and mechanical effects specified directly by the seller or manufacturer, or arising from legislation,
7.6.6 the defect was caused by an external event beyond our control (e.g. a natural disaster).
7.7 What should I do to assert a defect in the product? To assert a defect in the product, please contact us through your user account on pelek.hu; we will then contact you and discuss the next steps. Alternatively, you can contact us directly at our email address.
7.8 Confirmation of the submission of a complaint. We will contact you within 2 business days of sending the message confirming submission of the complaint. The complaint is considered submitted when we receive the information concerning the complaint from you.
7.9 Returning the product subject to the complaint to the seller. The product must be returned complete and undamaged, except for the reported defect, preferably in its original, undamaged packaging so that we can comply with the appropriate hygiene procedures. We may collect the product at our own expense in order to remedy the defect. We will contact you to discuss the next steps.
7.10 Confirmation. After receiving the product subject to the complaint, we will send confirmation of the submission of the complaint and its contents to the email address you provided.
8. Methods of handling and resolving a complaint
8.1 What affects my options. You will be entitled to request that the defect be remedied. You may choose from the following options:
8.1.1 repair of the product; 8.1.2 delivery of a new product; or
8.1.3 delivery of the missing part.
This must not be a disproportionate request on your part. If repairing the product would cause us significant difficulty or would be disproportionate in relation to the product's value and the significance of the defect, we will inform you of this. We will proceed in the same way if we consider your request for delivery of a new product disproportionate in relation to the product's defect or value.
8.2 In the event of a material breach of contract. If the defect constitutes a material breach of contract, you have the right to withdraw from the purchase contract or request a reasonable reduction in the purchase price for the product.
8.3 When can I request a refund of the purchase price? In certain situations, you may withdraw from the purchase contract and request a refund of the purchase price. This is not possible if the defect in the product is not significant. In which situations may you withdraw from the purchase contract and request a refund of the purchase price:
8.3.1 we refuse to remedy the defect in the product, or we have not repaired the defect within a reasonable time;
8.3.2 it is clear from our statement or other circumstances that the defect will not be remedied within a reasonable time or without significant difficulty for the buyer;
8.3.3 the defect in the product reappears; or
8.3.4 this constitutes a material breach of contract.
8.4 When can you still request a reasonable reduction in the purchase price of the product? In certain situations, you may request a further reasonable reduction in the purchase price. This is not possible if the defect in the product is minor. In what situations can you request a reasonable reduction in the purchase price?
8.4.1 we refuse to remedy the defect in the product, or we have not repaired the defect within a reasonable time;
8.4.2 it is clear from our statement or other circumstances that the defect will not be remedied within a reasonable time or without significant difficulty for the buyer;
8.4.3 the defect in the product reappears; or
8.4.4 this constitutes a material breach of contract.
8.5 You inform us how you want the complaint to be resolved. You are required to inform us which right you have chosen in the event of defective performance, and you must do so when reporting the defect or without delay after reporting it. You may not change your choice without our consent; this does not apply if you request repair of a defect that proves to be irreparable.
8.6 Returning the product. When resolving a complaint by delivering a new product, we are entitled to receive back the product originally delivered (unless otherwise agreed). The buyer may not request delivery of a new product (or withdraw from the purchase contract) if they cannot return the product in the condition in which they received it. This does not apply if the product was used before the defect was discovered or if its condition changed while the defect was being established. Nor does it apply if, through no fault of your own, the product cannot be returned in its original condition.
8.7 When is the complaint process closed? The complaint process will be closed within 3 weeks after you have exercised your rights in respect of defective performance, unless otherwise agreed.
8.8 Closing the complaint. If the supplier sent the complained-about product for a complaint, we will automatically send it to your address after the complaint has been resolved, together with confirmation of the date and method of resolution, including confirmation of the repair and the duration of the complaint process, or possibly an explanation of the reasons for rejecting 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 whether the package contains the goods it should contain. We will no longer take subsequent objections into consideration.
9. Personal data protection
9.1 Principles of personal data processing. Further information about what personal data we process, how, for what purposes, and for how long can be found in our principles of personal data processing.
10. Force majeure
10.1 What is force majeure. For the purposes of these T&Cs, force majeure means an obstacle that arose independently of our will and prevents us from fulfilling our obligations, if it could not reasonably have been foreseen that we would eliminate, overcome, or predict this obstacle or its consequences. The exclusionary effects
liability extends only for as long as the relevant obstacle exists.
11. Alternative dispute resolution
11.1 Out-of-court dispute resolution. The Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, ID No.: 000 20 869, website: https://adr.coi.cz/cs, is competent for the out-of-court resolution of consumer disputes arising from the purchase contract. The online dispute resolution platform available at https://ec.europa.eu/consumers/odr may be used to resolve disputes arising from the purchase contract between the seller and the buyer.
11.2 European Consumer Centre Czech Republic. European Consumer Centre Czech Republic, registered office: Štěpánská 567/15, 120 00 Prague 2, website: https://evropskyspotrebitel.cz 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 consumer dispute resolution).
11.3 Information on complaints. Before initiating out-of-court dispute resolution, we recommend contacting us at info@pelek.hu. We always first try to resolve the dispute amicably. Your complaints
no later than within 2 business days (48 hours; this period may be extended by regular days of rest and public holidays in the Czech Republic).
12. Final provisions, including the applicable law and jurisdiction
12.1 Obligation to respect consumer rights. If the provisions of the GTC conflict with consumer protection legislation, the law shall take precedence, and we undertake to comply with it.
12.2 Invalid or ineffective provisions of the GTC. If any provision of the GTC is invalid or ineffective, or becomes so, it shall be replaced by provisions that most closely approximate the meaning of the invalid provision. The invalidity or ineffectiveness of one provision shall not affect the validity of the other provisions.
12.3 Applicable law. Where an international element exists, we agree that our legal relationship shall be governed by the law of the Czech Republic, excluding the application of any conflict-of-law rules that refer to another legal system. This choice of law shall not deprive the consumer of the protection afforded by the provisions of the legal system of the country in which they have their habitual residence. The contracting parties agree to expressly exclude the application of the United Nations Convention on Contracts for the International Sale of Goods. Pursuant to Article 6(2) of the Rome I Regulation, mandatory provisions that would apply in the absence of this clause shall always apply.
12.4 Dispute resolution and jurisdiction. The contracting parties further agree that, for the resolution of any disputes arising from the purchase contract in which an international element is present, the courts at our registered office shall always have jurisdiction. This does not affect consumers' rights under special legislation.
12.5 If we agree on different terms for concluding the purchase contract. The provisions of the GTC form an inseparable part of the purchase contract. Provisions differing from the GTC may be agreed in the purchase contract. Any different agreements included in the purchase contract take precedence over the provisions of the GTC.
12.6 Requirement to read the GTC in order to conclude the purchase contract. Reading the GTC is voluntary; however, unfortunately, the purchase contract cannot be concluded without reading them.
12.7 Validity of the GTC. These GTC have been valid since 2024.01.01 and invalidate the previous business terms.
