1 GENERAL PROVISIONS
These general terms and conditions regulate the rights and obligations of the company Pivnica Radošina s.r.o., with registered office at Bratislavská 4972/12A, 926 01 Sereď, ID No.: 36 263 893, VAT ID No.: SK 2021872413, registered in the Commercial Register of the District Court of Trnava, Section: Sro , Entry No.: 15239/T tel: 038/539 81 13, e-mail: pivnica@pivnicaradosina.sk (hereinafter also referred to as the “Seller”) and the Buyer.
The Seller is the operator of the online shop www.pivnicaradosina.sk.
The Buyer is a natural or legal person who registers via the Seller’s online shop or orders goods via the Seller’s online shop (hereinafter also referred to as the “Buyer”).
By using the Seller’s online shop and confirming the order, the Buyer agrees to these terms and conditions.
The country of origin of all products is Slovakia. Products in the category WINE contain sulphur dioxide.
Inspectorate of SOI for the Slovak Trade Inspection (SOI). Inspectorate of SOI for the Nitra Region, Staničná 1567/9, 949 01 Nitra
2 ORDER
2.1 The Buyer shall order the Goods via the Seller’s online shop, by telephone or by mail.
The order made in this way shall be considered binding and shall be understood as a distance contract in accordance with the Act on Consumer Protection in Doorstep and Mail Order Sales, as amended.
2.2 For each order, the Buyer must specify the name and surname, delivery and billing address, telephone number, e-mail; natural and legal persons and entrepreneurs must also provide the ID number, VAT number, VAT number, the name of the goods, the number of items, (an order via the Seller’s online shop meets these conditions automatically).
These data will be used only within the framework of the business relationship between the Seller and the Buyer and will not be disclosed to a third party (except for the person arranging the transport of the goods), in accordance with the Personal Data Protection Act.
2.3 Upon receipt of an order, the order will be registered in the Seller’s system and the business relationship between the Seller and the Buyer will be established at the same time. Within 24 hours (working days) at the latest, the Seller shall verify the order, the method of transport and notify the possible delivery time or collection date, the final price and the method of payment. From this date the order is binding for the buyer.
2.4 The Buyer has the right to cancel the order without charge within 24 hours of ordering the goods without giving any reason. Confirmation of cancellation shall be notified in writing by the Seller to the Buyer.
2.5 In the event that the Seller is unable to deliver the ordered goods, the Seller shall have the right to cancel such order. If the amount for the ordered goods has already been paid, the Seller shall send it back to the Buyer by bank transfer.
The validity of an electronic order is subject to its truthful and complete completion. The sent order is a draft purchase contract. The purchase contract is formed by the confirmation of the order by the Seller via e-mail.
By sending an electronic order, the buyer confirms that he has read these terms and conditions and that he agrees to them. By sending an electronic order, the Buyer accepts all provisions of the terms and conditions as in force on the date of sending this order, as well as the valid price of the ordered goods listed on the website.
The ownership of the goods passes to the buyer upon receipt and payment of the purchase price.
3 DELIVERY CONDITIONS
3.1 Delivery times vary for different types of goods. The date of delivery or collection of the goods will always be communicated to the Buyer when verifying the order.
3.2 In general, the delivery or collection date is between 3 and 14 days from the date of order verification.
3.3 In exceptional cases where certain types of goods are out of stock and not available from manufacturers and importers, the delivery time may be longer.
4 CONCLUSION OF THE CONTRACT, PAYMENT TERMS AND CARRIAGE CHARGES
4.1 The Consumer orders goods from the Seller via an e-shop operated on an internet domain.
4.2 The description of the goods, their characteristics, availability in stock and their price are indicated for each item of the goods offered in the e-shop. The images of the goods in the e-shop and the stock availability of the goods are for information purposes only.
4.3 Purchase of goods in the e-shop is possible for registered consumers or consumers without registration. By registering, the consumer provides registration data, which the seller uses only for the purpose of unambiguous identification of the consumer and for marketing purposes if he has the consent of the consumer as a data subject within the meaning of a special legal regulation.
4.4 By registering, the Consumer gains access to his account (hereinafter referred to as the “Consumer Account”). The Consumer’s account allows, according to the technical disposition of the Seller’s online shop, to monitor the history of orders and purchases made, to compile lists of favourite items of goods or to receive rewards for purchases made, if these benefits are provided by the Seller.
4.5 When the “Add to Cart” button or the button with the shopping cart symbol next to the goods is pressed, the item of goods is added to the consumer’s shopping cart. The consumer’s shopping cart is available for inspection and changes to the items in the order at any time during the creation of the order.
4.6 During the purchase process, the consumer shall choose the method of payment and shipping of the goods according to the options offered by the seller. To the prices for the individual goods, the price for transport shall be added according to the chosen mode of transport, if the Seller allows the goods to be transported by more than one method. If the transport price is not paid by the consumer, this fact is indicated in the final check of the order, and the consumer is informed of the transport price or of the discount on the transport price during the purchase process. The price displayed in the shopping cart is valid within the Slovak Republic, in the case of shipping outside the Slovak Republic the price is individual. To find out the price of shipping outside the Slovak Republic, please contact the following e-mail address: pivnica@pivnicaradosina.sk.
4.7 The consumer completes the order by pressing the “Order with payment due” button. Before dispatch, the Consumer has a link to these GTC (general terms and conditions).
4.8 By submitting the order, the consumer confirms that he/she has also had the opportunity to read the following:
– (a) the characteristics of the goods;
– b) the total price which he is obliged to pay to the Seller.
4.9 . After the order is sent, it is registered in the e-shop system and at the same time the Seller sends to the consumer’s e-mail address:
– a) order confirmation with information about the ordered goods;
– b) an instruction to the consumer on the exercise of the right of withdrawal, including a form for exercising this right;
– c) a reference to the text of the GTC that is valid and effective at the time of the creation of the order by the consumer;
– (d) a reference to the Seller’s Complaints Procedure.
Upon delivery to the consumer of the confirmation of receipt of the order pursuant to clause 10 of this article of the GTC together with the other documents, the contract for the purchase of goods shall be deemed to be concluded.
5 ACCEPTANCE OF GOODS
5.1 The Buyer undertakes to take delivery of the goods at the agreed time at the address indicated on the order.
5.2 When taking delivery of the goods, the Buyer is obliged to check the physical integrity and completeness of the consignment. If the consignment is visibly damaged and destroyed, the Buyer is obliged to contact the Seller immediately without taking delivery of the consignment and to draw up a Consignment Damage Record with the forwarding company. Any subsequent claims for quantity and physical damage to the goods will not be accepted.
5.3 The Buyer shall not acquire title to the Goods until payment of the full price and other sums of money agreed in the distance purchase contract to the Seller’s account. Until such time as the ownership rights pass from the Seller to the Buyer who has possession of the Goods, the Buyer shall have all the obligations of a bailee of the Goods and shall be obliged to store the Goods securely at its own expense and to mark them in such a way that they are at all times identifiable as the Seller’s Goods.
5.4 The Seller shall be entitled to demand performance of its obligations, in particular payment of the price for the Goods, notwithstanding that title to the Goods has not yet passed to the Buyer.
5.5 The risk of damage to the goods passes to the buyer at the moment of acceptance by the buyer or his attorney.
6 WITHDRAWAL FROM THE CONTRACT
6.1 The Buyer is entitled to withdraw from the contract within 14 working days from the date of receipt of the goods without giving any reason. Withdrawal from the contract must be made in writing, must contain all the data used to identify the goods, must be delivered within the aforementioned period together with the goods to the Seller’s address or another address designated by the Seller.
6.2 The goods must not be damaged, used, must be in their original packaging and together with the goods the buyer must hand over all the documents relating to the goods in question (instruction manual, warranty card, proof of acquisition, etc.), which he received when buying them. The Buyer agrees and acknowledges that the written form in this case means the withdrawal document signed by the Buyer.
Goods shall not be returned on delivery. Goods so sent shall not be accepted and returned.
6.3 Subject to the Buyer’s compliance with the above obligations, the Seller shall take back the Goods and, within 15 days of the date of withdrawal, refund the price paid for the Goods or the advance payment made by the Buyer for the Goods to the Buyer in the manner agreed in advance.
6.4 The Buyer may not withdraw from a distance purchase contract in particular in the following cases:
– (a) in the case of a contract which includes the provision of a service, if the service has been commenced with the consent of the buyer before the expiry of the withdrawal period
– (b) in the case of a contract for the sale of goods or services the price of which depends on price movements on the financial market which are beyond the control of the seller
– (c) in the case of a contract for the sale of goods made to the buyer’s specific requirements or goods intended specifically for one buyer or goods which, because of their characteristics, cannot be returned
6.5 The Seller reserves the right to cancel the order (withdraw from the contract) or part of it if:
– (a) the goods are no longer manufactured or have ceased to be manufactured
– b) the price of the supplier of the goods has changed
– c) the price of the goods was incorrect
7 WARRANTY AND SERVICE
7.1 Specific warranty and service conditions are set out in the respective warranty certificates of the selected goods, which the buyer receives upon purchase of the goods.
7.2 In general, unless otherwise stated in the warranty certificates, the warranty period for the performance of consumer contracts is set at a minimum of 24 months or, from above, limited to the date of consumption of the goods. The purchaser in this case is a person who is not acting within the scope of his trade or other business. Only goods purchased and paid for from the seller may be claimed. When making a claim, the Buyer is obliged to deliver (if the nature of the goods allows it – built-up goods) the claimed goods clean, mechanically undamaged, in the original packaging, including manuals, warranty card, invoice or other proof of payment of the goods to the Seller. When making a claim, the Buyer shall follow the instructions given in the warranty card.
7.3 Warranty entitlement shall be extinguished if the defect has been caused by mechanical damage to the product, operation of the product in unsuitable conditions, unprofessional assembly, non-compliance with the relevant standards by the Buyer or the person who performed the assembly for the Buyer, or if the product has been tampered with by a person other than an authorised person. Defects caused by natural disasters and improper handling are also excluded from the warranty.
7.4 In the event of a claim, the Buyer is advised to notify the Seller by telephone that the goods in question are defective and how the defect has manifested itself. On the basis of this information, the Buyer will be advised on the next course of action in dealing with the claim.
8 FINAL PROVISIONS
8.1 The Seller reserves the right to change the price. The Seller shall contact the Buyer when changing the price. The Buyer shall have the right to cancel the order at such adjusted prices.
8.3 The Buyer declares that he has read these General Terms and Conditions before completing or notifying the order and that he agrees to them.
8.4 Notwithstanding any other provisions of the Contract, the Seller shall not be liable to the Buyer for any loss of profit, loss of opportunity or any other indirect or consequential loss due to negligence, breach of contract or otherwise arising.
8.5 These General Terms and Conditions have been formulated and laid down in good faith for the purpose of complying with the statutory conditions and regulating fair business relations between the Seller and the Buyer. In the event that any provisions of these terms and conditions are found by the competent authorities of the Slovak Republic to be invalid or unenforceable, in whole or in part, the validity and enforceability of the remaining provisions and the remaining parts of the relevant provision shall remain unaffected thereby.
8.6 The rights of the Buyer (consumer) in relation to the Seller arising from the Consumer Protection Act No. 634/1992 Coll., as amended, and the Act on Consumer Protection in Doorstep and Mail Order Sales No. 108/2000 Coll., as amended, remain unaffected by these terms and conditions.
Legal relations and conditions not expressly regulated herein as well as any disputes arising from non-fulfilment of these conditions shall be governed by the relevant provisions of the Commercial Code or the Civil Code.
8.7 The Seller and the Buyer agree that they fully accept distance communication – telephone, fax (including handwritten orders), electronic form of communication, in particular via electronic mail and internet as valid and binding for both parties.
8.8 All personal data provided by the buyer within the order of goods or registration through the online store www.pivnicaradosina.sk are collected, processed and stored in accordance with Act No. 122/2013 Coll. on the protection of personal data.
By submitting an order or concluding a purchase contract, the buyer, in accordance with Act no. 122/2013 Coll. consent to the Seller to process, collect and store his personal data for the purpose of concluding the purchase contract, order processing and related communication with the Buyer.
The buyer has the right to access his personal data, the right to correct them, including other legal rights to these data.
8.9 The Seller shall not provide, disclose or make available the personal data of the Buyers to any other person, with the exception of: companies providing transport of goods, to which the personal data of the Buyers shall be transferred to the minimum extent necessary for the purpose of delivery of the goods.
8.10. Consent to the processing of personal data and the sending of commercial information is granted for an indefinite period of time and may be revoked at any time free of charge by express and specific expression in writing addressed to the Seller, by post, telephone or electronically to the e-mail address pivnica@pivnicaradosina.sk. Withdrawal of consent to the processing of personal data will also result in cancellation of registration.
8.11. The Buyer has the right to contact the Seller with a request for redress if he is not satisfied with the manner in which the Seller has handled his complaint or if he believes that the Seller has violated his rights.
If the Seller responds to the Buyer’s request in a negative manner or does not respond at all within 30 days from the date of sending the request, the Buyer has the right to file a petition for alternative dispute resolution (hereinafter referred to as “ADR”).
Only disputes arising from the contract between the Seller and the Buyer (consumer) and disputes related to this contract may be resolved by ADR, with the exception of disputes pursuant to Section 1(4) of Act No. 391/2015 Coll. and disputes whose value does not exceed EUR 20. The application for the initiation of ADR shall be submitted to the ADR entity pursuant to Section 3 of the aforementioned Act, using the designated platform or the form, the model of which is attached as Annex 1 to the aforementioned Act.
The ADR entity may require the buyer to pay a fee for the initiation of ADR, up to a maximum of EUR 5 including VAT. If several ADR entities are competent for ADR, the buyer shall have the right to choose to which of them to submit the proposal. In addition to ADR, the consumer has the right to apply to a general or arbitration court with jurisdiction in the matter and place of jurisdiction. The ADR platform is available on the following website: ec.europa.eu/consumers/odr/index_en.htm#sthash.t4FXTlGF.dpuf
