Of the company VINEWAY s. r. o., with its registered seat at 46, 919 04 Lošonec, Slovak Republic, ID no.: 53 434 561 registered with the Commercial Register of District Court Trnava, section: Sro, insert no. 47966/T (hereinafter the „Seller“) for sale of the goods and providing services through the website www.vineway.sk.
1. General Provisions
1.1 These General Terms and Conditions (hereinafter the „T&C“) are applicable for the goods sold and services provided by the Seller through the website www.vineway.sk (hereinafter the „Website“).
1.2 For the purposes of the T&C, the Buyer means a natural or legal person who has ordered goods or services from the Seller through the Website.
1.3 The full content of the contractual relationship between the Seller and the Buyer consists of a concluded agreement between the Seller and the Buyer in accordance with the Article 3 of T&C (hereinafter the „Agreement“) and these T&C.
1.4 These T&C were drawn up in particular according to the provisions of Act no. 40/1964 Coll. The Civil Code as amended (hereinafter the „Civil Code“), Act no. 102/2014 Coll. on consumer protection in the sale of goods or provision of services on the basis of a contract concluded at a distance or a contract concluded outside the premises of the seller and on amendment of certain acts as amended (hereinafter the „Act on distance selling“), Act no. 250/2007 Coll. on consumer protection and the amendment of the Act of Slovak National Council no. 372/1990 Coll. on offences as amended, Act no. 22/2004 Coll. on e-commerce and on amendment of the Act no. 128/2002 Coll. on internal control of the internal market in consumer protection matters and amendment of certain acts as amended by the Act no. 284/2002 Coll. as amended and Act no. 391/2015 Coll. on alternative dispute resolution for consumer disputes and on amendment of certain acts as amended.
1.5 Compliance with the legal regulations on consumer protection is carried out by the Slovak Trade Inspection. The Inspectorate of Slovak Trade Inspection for the Trnava Region, Pekárska 23, 917 01 Trnava, Slovakia, Supervision Department is the competent controlling body for the Trnava Region.
2.1 For the purpose of these T&C the goods mean all products and services, which are involved in the menu of the Website or the goods made according to special requirements of the Buyer specially ordered based on specification of the Buyer.
2.2 The assortment of the goods together with a description of the main features, the price as well as information about their availability is specified on the Website.
2.3 Buyers under the age of 18 are not entitled to purchase alcoholic beverages. Upon accessing the Website, the person agrees to be over 18 years old.
3. Acceptance of the orders / Conclusion of the agreement
3.1 The Agreement is concluded upon delivery of the confirmation of receipt of the order to the Buyer.
3.2 The Buyer realizes the order of goods (hereinafter the „Order“) exclusively based on the electronic form of the Order (hereinafter the „Form“) on the Website. The Form can only be filled in after registration on the Website.
3.3 The Form contains:
3.3.1 Billing data of the Buyer:
(a) First name and surname or business name of the Buyer;
(b) Billing address of the Buyer;
(c) Delivery address of the Buyer provided that it does not correspond with the Billing address of the Buyer;
(d) Phone number of the Buyer;
(e) Email address of the Buyer.
3.3.2 Main attributes and brief characteristic of selected goods;
3.3.3 Quantity (number) of selected pieces of goods;
3.3.4 Total price of individual selected goods after multiplying by the selected number of pieces of goods;
3.3.5 Unit price of selected goods;
3.3.6 Total price for all selected goods;
3.3.7 Selected method of payment for the goods;
3.3.8 Method of transport of goods;
3.3.9 Approval of the Buyer with these T&C;
3.3.10 Confirmation from the Buyer that he has been informed that the Order includes the obligation to pay the price of goods;
3.4 The Buyer may send the Order only after expressing his consent to the wording of these T&C on the Website.
3.5 The confirmation of the Order (hereinafter the „Confirmation“) contains:
3.5.1 Specification of the ordered goods with the number of pieces of individual products;
3.5.2 Total price of the goods, indicating the delivery fee and other costs and fees;
3.5.3 Method of payment for the goods;
3.5.4 Date and place of delivery / takeover of goods;
3.5.5 Method of delivery / transport of goods.
4. Price and Payment conditions
4.1 The Buyer undertakes to pay the price of the goods to the Seller in a timely and proper manner as stated in the relevant invoice or cash receipt.
4.2 The Buyer may pay for the goods in any of the following ways, as they will be displayed on the Website:
(a) Payment through a payment gateway enabling online payments via payment cards of selected companies;
(b) Bank transfer. The Buyer is obliged to follow the instructions of the Seller on the Website and send the payment to the bank account of the Seller with a variable number identical to the Order number. Otherwise, it will not be possible to match the payment with the Order.
4.3 The price is considered paid at the moment of crediting the payment to the Seller's bank account.
5. Delivery Conditions
5.1 The Buyer may request delivery of the ordered goods by courier to the address specified in the Order.
5.2 The consignment of the goods offered on the Website is carried out only on the territory of the Netherlands and Belgium.
5.3 The Seller will ensure the delivery of goods based on the Buyer's choice. The Seller is obliged to prepare and pack the goods in accordance with the applicable law.
5.4 The Seller shall deliver the goods to the Buyer within 7 working days from the date of payment of the price of the goods to the Seller. The Buyer will be informed of any changes to the delivery period of the goods or any restrictions concerning the delivery of the goods when ordering the relevant goods on the Website. In this case, the delivery periods referred to the goods on the Website take precedence.
5.5 In the event that the Buyer orders goods which are not in stock at the Seller, the Seller will make effort to procure the goods for the Buyer. Goods which are not in stock and which the Seller procured for the Buyer will be sent to the Buyer according to the chosen method of delivery and payment. In the event that the Seller fails to procure the goods within a reasonable time, the parties are entitled to withdraw from the Agreement.
5.6 The Seller is not bound by the delivery date in the event of force majeure, such as natural disasters, wars, civil unrest, epidemics, strikes, etc. For the duration of the force majeure, the Seller's delivery period of the goods does not run. In the event of the anticipated longer duration of a force majeure event, as well as in the event of inability to perform the subject of performance as a result of such event, both parties are entitled to withdraw from the concluded Agreement. In such case, the Seller will return to the Buyer all payments received from him based on the Agreement or in connection therewith without undue delay.
5.7 Detailed information on delivery methods and the price for individual delivery methods are provided on the Website. The amount of delivery costs will always be notified to the Buyer before sending the Order.
5.8 The Buyer is obliged to take over the goods or, if the goods are taking over by a person other than the Buyer, to ensure the takeover of the goods at the place specified as the place of delivery in the Order. In the case of taking over the goods by a person other than the Buyer, this person is obliged to prove himself with the Confirmation and a valid ID card.
5.9 The Buyer is obliged to check the goods upon receipt, if the nature and circumstances of delivery allow, in the presence of the person who handed over the goods. If during this inspection the Buyer finds that the goods or their packaging is mechanically damaged or that the goods were delivered to him in the wrong quantity, the Buyer is entitled not to accept the goods. In such case, the Seller is entitled to propose to the Buyer the delivery of substitute goods without these defects. In the event that the proposal is approved by the Buyer, the provisions of these T&C shall apply mutatis mutandis to the delivery of substitute goods as well as other relations between the Seller and the Buyer. If the Buyer does not approve the proposal, the Seller will return the paid price of the goods (if it was paid by the Buyer). The Buyer has no further claims other than a refund.
5.10 In the event that the Buyer has not taken over the goods for reasons on the part of the Buyer, the Seller is entitled to charge the Buyer the costs associated with the unsuccessful delivery of the goods. The Seller is also entitled to withdraw from the Agreement. If the price for the goods, the delivery of which the Buyer has failed has already been paid, the Seller is entitled to set off the costs in connection with the delivery of the goods against the received payment of price and will issue the remaining amount to the Buyer.
5.11 The Seller may provide the Buyer with a period of 5 (five) days to require the Seller for substitute delivery of goods together with the determination of the method of delivery. The Buyer is obliged to pay the delivery costs (postage) according to the Article 5.7 of T&C for the first as well as the replacement delivery of the goods. If the Buyer requests a substitute delivery of the goods within the specified period, the Seller will ensure a substitute delivery of the goods in the manner notified by the Buyer. If the Buyer does not take over the goods again, the Seller is entitled to withdraw from the Agreement.
5.12 The risk of damage to the goods passes to the Buyer at the time of its takeover by the Buyer.
5.13 The Buyer acquires ownership right to the goods at the time of takeover of the goods by the Buyer after the payment of price of the goods.
6. Complaints - Liability for Defects
6.1 Unless otherwise specified in these T&Cs, the statutory warranty period for the goods is 24 months and 12 months in the case of second-hand goods. Unless agreed otherwise, the warranty period begins on the day of takeover the goods by the Buyer. If the goods have the expiration date or the date of minimum durability marked on the packaging, the Buyer must exercise the rights from liability for defects of these goods at the Seller immediately, but no later than the expiration date or the date of minimum durability. In the case of goods that deteriorate quickly, the rights from the liability for defects must be exercised no later than the day following the takeover of the goods by the Buyer, otherwise the rights will expire. The Seller provides a warranty only if the Buyer complies with the storage conditions stated on the packaging of the goods.
6.2 Complaints can be made through the post by sending written information to the address 46, 919 04 Lošonec, Slovak Republic (hereinafter the „Address of seat“) or by sending an email message to an email address email@example.com. When applying the complaint, the Buyer is obliged to:
6.2.1. Deliver the goods to the Seller together with the confirmation of purchase of the goods, if it was part of the goods by post to the Address of seat no later than 3 (three) days from the date of notification of the complaint to the Seller;
6.2.2. Notify the Seller of contact details (telephone number, email address) for the purposes of the complaint procedure;
6.2.3. Describe the defects for which the goods are submitted for complaint; and
6.2.4. make a choice of one of the rights according to Articles 6.8 to 6.10 of T&C.
6.3 The complaint is considered to be applied by fulfilling last of the obligations under the Article 6.2 of T&C.
6.4 The Seller will issue the Buyer a confirmation on applying the complaint within five days after the fulfilment of the last of the obligations under Article 6.2 of T&C by sending it to the email address of the Buyer specified by the Buyer when making the complaint, but no later than together with the certificate of settlement of the complaint.
6.5 The Seller will issue the Buyer the certificate of settlement of the complaint no later than 30 days from applying the complaint. The Seller will send the Buyer the document of settlement of the complaint on the email address of the Buyer specified by the Buyer when applying the complaint.
6.6 Based on the decision of the Buyer which of the right according to the Articles 6.8 to 6.10 T&C is applying, the Seller will determine the manner of settlement of the complaint. After determining the manner of settlement of the complaint, the Seller will settle the complaint immediately, in justified cases the complaint can be settled later. However, the settlement of the complaint may not take longer than 30 days from the date of applying the complaint. The Seller can settle the complaint in one of the following ways:
(a) by handing over the repaired goods;
(b) by replacing goods;
(c) by returning the purchase price of the goods;
(d) by paying a reasonable discount on the price of the goods; or
(e) by reasoned rejection of the complaint.
6.7 The Seller shall not be liable and will not meet the conditions set out for warranty claims in the event of defects caused by unqualified handling, unprofessional intervention in individual parts of the goods, which the Seller finds, if the detected defect arose for the above reasons. If the Seller will not qualify the defect as a warranty defect, the Seller may repair the goods based on the Buyer's consent to repair the goods and the price of such repair.
6.8 If the defect can be eliminated, the Buyer has the right to have it eliminated free of charge, on time and properly. The Buyer may, instead of elimination of the defect, request a replacement of the goods or, if the defect concerns only a part of the goods, a replacement of the part, if the Seller does not incur disproportionate costs with regard to the price of the goods or the severity of the defect. The Seller may always replace the defective goods with perfect (non-defective) ones instead of eliminating the defect, if this does not cause serious difficulties for the Buyer.
6.9 If it is a defect that cannot be eliminated and which prevents the goods from being properly used as goods without defects, the Buyer has the right to replace the goods or has the right to withdraw from the Agreement. The same rights belong to the Buyer in the case of remediable defects, but the Buyer cannot use the goods properly due to the recurrence of the defect after the repair or due to a higher number of defects. In the case of irreparable defects that do not prevent the goods from being used properly, the Buyer is entitled to a reasonable discount on the price of the goods.
6.10 The Seller may always, at its own discretion, return the price paid for the goods to the Buyer or deliver new goods.
7. Withdrawal from the Agreement
7.1 The Buyer, who is a consumer, has the right to return the goods purchased in the online store without giving a reason within 14 days from the date of receipt of the goods and thus withdraw from the Agreement.
7.2 The Buyer (consumer) may withdraw from the Agreement, the subject of which is the delivery of goods, even before taking over the goods. In the event of withdrawal from the Agreement before taking over the goods, the Buyer is not entitled to take over the goods. If the Buyer takes over the goods despite the withdrawal from the Agreement, its withdrawal is considered ineffective and the Seller is not obliged to return to the Buyer the payments received from him.
7.3 The Buyer (consumer) may exercise the right to withdraw from the Agreement with the Seller according to the Article 7.1 of T&C by delivery of the written withdrawal by post to the Address of seat or to the email address firstname.lastname@example.org through the withdrawal form, which the Buyer can download on the following link.The Buyer (consumer) may exercise the right to withdraw from the Agreement with the Seller according to the Article 7.1 of T&C by delivery of the written withdrawal by post to the Address of seat or to the email address email@example.com through the withdrawal form, which the Buyer can download on the following link.
7.4 The Buyer is obliged to return the goods by the post to the Address of seat no later than 14 days from the date of withdrawal from the Agreement. The deadline for returning the goods is considered to be maintained if the Buyer sends the goods to the Seller by the post no later than on the last day of the deadline.
7.5 The burden of proving the exercise of the right to withdraw from the Agreement shall be borne by the Buyer.
7.6 When withdrawing from the Agreement according to the Article 7.1 of T&C, the Buyer is obliged to deliver the goods in a condition for further use, clean, mechanically undamaged, including all accessories and together with a document proving the contractual relationship between the Buyer and the Seller (proof of purchase of goods).
7.7 The costs of returning the goods to the Seller or a person authorized by the Seller shall be borne in full by the Buyer. The Buyer also bears the cost of returning the goods, which due to their nature cannot be returned by the post.
7.8 The Buyer is responsible for the reduction in the value of the goods, which arose as a result of handling the goods, which is beyond the treatment necessary to determine the attributes and functionality of these goods.
7.9 After the withdrawal from the Agreement, the Seller will return the price of goods to the Buyer together with the costs of transporting the goods within 14 days from the date of delivery of the notice of withdrawal from the Agreement. The payment will be made in the same way as the Buyer used for payment for the goods. This does not affect the Buyer's right to agree with the Seller on another method of payment if no additional fees are charged to the Buyer in connection therewith.
7.10 In case of reduction in the value of the goods according to the Article 7.8 above, the Seller is entitled to deduct the amount corresponding to the reduction in the value of the goods from the payment pursuant to the Article 7.9 above.
8. Specific Conditions of Subscription of Goods
8.1 In addition to the goods, the Buyer may order a subscription to the selected goods through the Website (hereinafter the „Subscription“). The benefits associated with the Subscription, the conditions for providing these benefits, the amount of the price of the Subscription (hereinafter the „ Subscription Price“) and other important information regarding the Subscription are specified in more detail within the Website. The content of the Subscription may change over time. In such case the Seller will adjust the published offer of the Subscription. Such modification of the content of the Subscription will not affect the already purchased Subscription, but the Seller reserves the right to offer additional services in addition to the already purchased Subscription. The Seller also reserves the right to change the Price of the Subscription. If the Price of the Subscription changes, this will not affect the price of the already ordered and provided Subscriptions.
8.2 Unless otherwise specified in these T&Cs or on the Website, these T&C will apply to the rights and obligations associated with the Subscription to reasonable extent.
8.3 For the purposes of this Article 8 of T&C the Subscriber means a natural or legal person to whom the goods are delivered in the form of a Subscription on the basis of an order. The Payer means a natural or legal person who pays the Subscription Price in favour of a certain subscriber or more subscribers. The provisions of this Article 8 of T&C about the Subscriber shall apply mutatis mutandis to the Payer.
8.4 The Subscriber may order the Subscription within the Website after filling in all the data necessary to order the Subscription. The agreement between the Seller and the Subscriber, i.e. the Payer on Subscription (hereinafter the „Subscription Agreement“) is considered concluded by crediting the Subscription Price by the Subscriber (payer) to the Seller's account.
8.5 The Subscriber is obliged to fill in all the data necessary to order the Subscription, to choose the frequency of the Subscription and to pay the Subscription Price to the Seller immediately after sending the order. The Subscription Price is considered paid when the payment is credited to the Seller's bank account. In the case of choosing the automatic payment of the Subscription Price, the Subscriber agrees to the automatic payment of the Subscription Price without the need for a special payment authorization by the payment card holder. The method of payment with automatic payment of the Subscription Price is agreed for an indefinite period and the Subscriber may change or cancel it at any time within the functionalities of his customer account in the system. The frequency of automatic payment of the Subscription Price will correspond to the selected frequency of the Subscription in accordance with the current price list of the Seller. The Subscriber takes into consideration that the Seller may settle the payment a maximum of 72 hours before the end of the previous invoicing period of the Subscription in order to provide the Subscription smoothly.
8.6 The Subscriber acknowledges that the Seller does not operate payment instruments nor participates in their operation and that by paying the Subscription Price through the relevant payment instrument, the Subscriber enters into the contractual relationship with the company operating the payment system, which is managed by special conditions, independently of the Subscription Agreement.
8.7 If the Subscriber, resp. the Payer will not have sufficient funds on the payment card as of the due date of the payment, the Seller will send an e-mail of the failed payment to the e-mail address provided by the Subscriber and will try to draw the payment again (maximum three times) using the provided payment card. If the payment is not paid on time, the Seller is entitled to immediately suspend or terminate the Subscription in the event of a delay in payment of more than twenty (20) days.
8.8 The Seller will perform the delivery of goods under Subscription after crediting the payment of the Subscription Price to the bank account of the Seller according to the choice of the frequency of the Subscription.
8.9 Unless agreed otherwise, the Subscription Agreement is concluded for indefinite period.
8.10 Either Party is entitled to termite the Subscription Agreement by the notice in writing for any reason or no reason. Subscriber, i.e. the Payer may terminate the Subscription Agreement at the end of the relevant invoicing period by delivering a written notice to the Seller at Address of seat by the post or by e-mail no later than 7 working days before the end of the invoicing period. The Subscription expires on the last day of the respective invoicing period.
8.11 The Seller is entitled to withdraw from the Subscription Agreement if there are repeated problems with the payments with the Subscriber due to the Subscriber (incorrect information in the order, repeated lack of funds on the payment card, failure to notify the changes or their late notification to the Seller, etc.), if the Subscriber is in delay with the payment of the Subscription Price for more than 20 days or if the Subscriber repeatedly fails to cooperate in receiving the goods (it will not be possible to deliver it). However, the Subscriber is obliged to pay the price for the delivered goods. Withdrawal terminates the contractual relationship from the Subscription Agreement with effect from the date of delivery of the withdrawal to the other party or as of the later date specified in the withdrawal.
9. Data Protection
9.1 The Buyer take into consideration, that the Seller processes the personal data of the Buyer in accordance with the REGULATION (EU) 2016/679 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) and the Act No. 18/2018 Coll. on personal data protection and on amendment and supplementing of some acts, as amended when concluding the Agreement with the Buyer. The principles of personal data processing are set out in this document.
10.1 The phone contact (number) and electronic (e-mail) contact of the Seller for the purposes of communication with the Buyer are as follows:
Mobile number: +421918778946 email: firstname.lastname@example.org
11. Alternative Dispute Settlement
11.1 The Buyer has the right to turn to the Seller with a request for redress if he is not satisfied with the way in which the Seller handled his complaint or if he believes that the Seller has violated his rights. The Buyer has the right to file an application to initiate alternative dispute resolution (hereinafter the “ADR”) of the ADR entity if the Seller has responded to the request under the first sentence of this point with refusal or has not responded within 30 days from the date of its dispatch. An ADR entity is any legal entity registered in the list of ADR entities maintained by the Ministry of Economy of the Slovak Republic (http://www.mhsr.sk/zoznam-subjektov-alternativneho-riesenia-spotrebitelskych-sporov/146987s).
11.2 If the Buyer has the impression that his consumer rights have been violated, he is also entitled to file a complaint against the Seller via the online complaint form, so-called RSO platform, which is available on the following link: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLanguage.
12. Final Provisions
12.1 These T&C become effective as of the date 01/01/2022.
12.2 These T&C and all agreements concluded on their basis are governed by the laws of Slovak Republic.
12.3 The courts of Slovak Republic shall have exclusive jurisdiction to adjudicate any dispute arising under or in connection with these T&C.
12.4 Should any provision of these T&C be invalid, void or unenforceable, then such provision shall not invalidate, render void or make unenforceable the entire T&C.
12.5 By ordering the goods, the Buyer confirms that before ordering the goods in a manner appropriate to the means of long-distance communication (Internet) used, he has read the content of the Website and these T&C and that he agrees therewith.
12.6 The Seller reserves the right to unilaterally modify the provisions of these T&C. The modified T&C becomes effective at the time of their publication on the Website. The T&C thus amended does not apply to agreements concluded before their effectiveness.