Refunds & Returns Policy
Article I.
Introductory provisions
1.1 The company SUBOVIC Stefan, sro, with its registered office at Calle Comical num. 9, San Miguel de Abona 386 39, S.C. Tenerife, Spain, Identification no,: Y9171780S, registered in: 0373732600823, assigned record: 202C3671780053Z (hereinafter referred to as the “), Shall issue, in accordance with § 18 of Act no. 250/2007 Coll. on consumer protection and with the provisions of §§ 612 – 627 of Act no. 40/1964 Coll. The Civil Code, this Complaints Procedure, which regulates the procedures for receiving and handling consumer complaints (hereinafter referred to as the “Buyer”) in connection with the purchase of goods via the Internet, through the e-shop located on the website hamsikwinery.es.
1.2 These complaint rules are in accordance with Art. § 18 par. 1 of the Consumer Protection Act located on the website of the e-shop of SUBOVIC Stefan, s.r.o. – hamsikwinery.es and also forms part of the Seller’s general terms and conditions (Article 6 of the GTC).
Article II
Liability for defects in goods
2.1 Immediately upon receipt of the goods, the Buyer is obliged to check the integrity of the packaging and the completeness of the delivery, especially the number of packages. In the event of any obvious defects found in connection with the transport and the goods, the Buyer is obliged to notify the carrier and SUBOVIC Stefan, s.r.o. without delay, no later than within 48 hours. The buyer is obliged to indicate on the proof of delivery of the consignment all obvious damage to the consignment and damage to the packaging. If the transport package is provided with a tape from the Seller or the carrier and it is damaged or other damage to the package of the shipment is found and if the facts indicate that the shipment has been opened unauthorized, the Buyer is obliged not to accept the shipment from the carrier / shipper. By signing the acceptance protocol without indicating the violation of the shipment, the Buyer confirms that the shipment was accepted intact. If the Buyer does not complain about non-delivery of the documents delivered with the goods within 48 hours from the delivery of the goods, the presumption of proper delivery of the goods to the Buyer applies, unless proven otherwise. The Buyer shall immediately notify the Seller of damage to the delivered goods electronically or in another suitable manner. Laterly reported mechanical damage detectable upon receipt of the goods will not be taken into account and such a claim will not be accepted.
2.2 The Seller is responsible for the fact that the goods are free of defects, has in the offer described by the Buyer ordered, or. the quality, measure, quantity or weight laid down by law.
2.3 Pursuant to the relevant legal provisions (Civil Code), the Seller is liable for defects that the goods have sold when taken over by the Buyer and if they are not perishable or used items, the Seller is also liable for defects that occur on the goods in warranty period or consumption period.
2.4 A change in the goods that occurred during the warranty period, as a result of its wear, incorrect storage, use, and / or incorrect intervention cannot be considered a defect.
2.5 Notwithstanding the provisions of point 2.3. The seller is not responsible for defects:
– if the Buyer caused the defect of the goods himself,
– if the Buyer knew about the defect of the goods before taking over the goods, resp. was explicitly and clearly notified of the defect and if he was granted a discount on the price of the goods precisely because of such a defect,
– if the goods are claimed by the Buyer after the expiration of the warranty period or other period within which it is to retain its specific properties,
– in the case of goods sold at a lower price, if a lower price has been agreed for such a defect,
– if the Buyer did not store the goods, which is wine or a similar product, in conditions that are necessary to maintain its quality and health (cold, dark environment).
Article III.
Warranty
3.1 Length of warranty period
- a) Warranty period, resp. the length is governed by the relevant legislation. The warranty period begins on the day the goods are taken over by the Buyer, resp. The Buyer expressly acknowledges that the minimum shelf life of foodstuffs is not explicitly stated in the case of spirits and other alcoholic beverages with an alcoholic strength of at least 10% vol., all types of grapes and fruit wines, including dessert and flavored and carbonated and similar beverages made from fruit and grapes. (Decree No. 127/2012 Coll.).
The Buyer also acknowledges that some products from the offer (archival wines) are stored by the Seller for a long time in accordance with the requirements for this type of products, but due to the age of these products, it is possible to assume their taste and sensory properties, but it is not possible to guarantee these. . - b) The Seller is obliged to issue the Buyer a proof of purchase of the goods. The accounting document serves as a guarantee certificate and also as proof of the beginning of the warranty period.
2 Beginning of the warranty period - a) Warranty periods begin to run from the receipt of the goods by the Buyer.
b) If the goods are exchanged, the warranty period begins to run again from the receipt of the new goods.
c) The period from the exercise of the right of liability for defects until the time when the Buyer was obliged to take over the goods after the end of the repair does not count towards the warranty period. The Seller is obliged to issue a confirmation to the Buyer about when he exercised the right, as well as about the repair and its duration.
3 The Seller is obliged to issue a confirmation of this claim to the Buyer when making a complaint. If the complaint is made electronically (eg by e-mail), the Seller is obliged to deliver the confirmation of the complaint to the Buyer immediately (by e-mail); if it is not possible to deliver the confirmation immediately, it must be delivered without undue delay, but no later than together with the proof of the complaint.
Article IV.
Exercising rights from liability for defects
4.1 Defective liability rights apply:
– in writing by post to the Seller at the address: SUBOVIC Stefan Calle Comical num. 9, San Miguel de Abona 386 39, S.C. Tenerife, Spain or
at the e-mail address info@hamsikwinery.es or
– on tel. no. +34 671 923 252
4.2 The buyer is obliged to exercise the right of liability for defects
- a) at the latest by the end of the warranty period,
(b) in the case of perishable goods, not later than the day following the purchase,
otherwise the rights from liability for defects expire. The stated deadlines do not apply to complaints about incorrectly charged payment. The Buyer is obliged to claim such payment immediately after the purchase.
4.3 When claiming a defect by post, the Buyer is obliged to submit the goods on which the defect occurred, a description of the defect, a copy of the proof of purchase (invoice), warranty card (if the goods were issued for the sold goods), and contact details of the Buyer. Complaints can also be submitted electronically with attached documents in the form of a scan. The Seller warns that the claimed goods returned to the Seller “cash on delivery” will not be accepted by the Seller.
Article V.
Obligations of the Seller in the event of a complaint by the Buyer
5.1 Acceptance of a complaint.
If the Buyer exercises the right of liability for defects in person, the Seller resp. the employee authorized by him or the designated person are obliged to inform the Buyer about his rights, which are stated in these complaint rules. When making a complaint, the Seller is obliged to issue the Buyer a confirmation of when he exercised the right of liability for defects.
5.2 Method of handling the complaint.
Based on the Buyer’s decision, which it exercises from its rights, the Seller is obliged to determine the method of handling the complaint (ie termination of the complaint procedure by handing over the repaired product, product replacement, return of the product purchase price, payment of reasonable product discount, written request rejection) within the following time limits:
- a) immediately,
b) in complex cases within 3 working days from the date of the complaint,
c) in justified cases, especially if a technical evaluation of the goods is necessary, no later than within 30 days from the date of the complaint.
5.3 Rejection of the complaint.
If the Buyer has made a product complaint within the first 12 months of the purchase, the Seller may handle the complaint by rejection only on the basis of professional judgment; regardless of its result, it is not possible to demand from the Buyer the reimbursement of costs associated with this professional assessment or other costs related to the professional assessment.
If the Buyer has made a product complaint after 12 months from the purchase and the Seller has rejected it, he is obliged to state in the document rejecting the complaint to whom the Buyer can send the goods for professional assessment. If the product is sent for professional assessment to a person designated by the Seller, all related purposefully incurred costs shall be borne by the Seller, regardless of the result of the professional assessment. If the Buyer proves the Seller’s liability for the defect by professional assessment, he may file a complaint again; the warranty period does not run during the professional assessment. The Seller is obliged to reimburse the Buyer for all costs incurred for professional assessment within 14 days from the date of the re-submitted complaint. A re-submitted claim cannot be rejected.
5.4 Complaint handling.
After determining the method of handling the complaint, the complaint will be settled 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 the complaint. After the expiration of this period, the Buyer may withdraw from the contract or has the right to exchange the product for a new product, regardless of the validity of the complaint.
The Seller is obliged to issue a written document on the handling of the complaint to the Buyer no later than 30 days from the date of the complaint.
Article VI.
Buyer’s claims in the event of a proper claim
6.1 Remediable defects of the goods.
- a) in the case of a defect that can be rectified, the Buyer has the right to have it rectified free of charge, in good time and properly. The seller is obliged to eliminate the defect without undue delay.
b) The Buyer may, instead of eliminating the defect, request an exchange of the item or, if the defect concerns only a part of the item, a replacement of the part, if the Seller does not incur disproportionate costs due to the value of the goods or the severity of the defect.
c) However, the Seller may always replace the defective item with a perfect one instead of eliminating the defect, if this does not cause serious difficulties for the Buyer.
2 Irreparable defects of the goods. - a) Defects are considered irreparable,
– if the defective goods cannot be repaired; if the quality characteristics of the foodstuffs are demonstrably impaired, it is a remediable defect, but the Buyer cannot use the goods properly due to the fact that the same defect will occur again after the repair,
– in case of a larger number of defects
- b) If it is a defect that cannot be eliminated and which prevents the thing from being properly used as a thing without defects, the Buyer is entitled to exchange defective goods for goods without defects or to withdraw from the contract if the Buyer does not agree to exchange defective goods .
c) In the case of other irreparable defects, which, however, do not prevent the goods from being used, the Buyer is entitled to a reasonable discount on the price of the goods.
The provisions of this point do not apply to the Buyer, who is not a consumer and buys goods mainly for business purposes and not for personal consumption of natural persons. Liability for defects in the goods in this case is governed by the provisions of §422 et seq. Commercial Code. The Seller handles complaints about goods acquired by the Buyer – the consumer through the seller’s e-shop in accordance with the legal regulations of the Slovak Republic, in particular Act no. 250/2007 Coll. as amended, the Civil Code of the Slovak Republic and valid legal regulations.
Other complaints and suggestions of the Buyers can be addressed to the address of the Seller’s registered office and also electronically to info@hamsikwinery.es
6.7. Alternative dispute resolution
The buyer, who is a consumer, has in accordance with the provisions of Act no. 391/2015 Coll. on alternative dispute resolution in case he is not satisfied with the resolution of his complaint or in case he claims that his rights have been violated, the right to turn to the Seller with a request for redress. This request is addressed to info@hamsikwinery.es
If the Seller rejects the Buyer’s request or does not respond to it within 30 days of its sending, the Buyer has the right to submit a proposal for the initiation of alternative dispute resolution to the subject of alternative dispute resolution. Such bodies are the authorities referred to in para. § 3 par. 2 of Act no. 391/2015 Coll. and authorized legal entities registered in accordance with Art. § 5 par. 2 cit. Act 391/2015 Coll. The details of such a proposal are set out in Art. § 2 of Act 391/2015 Coll.
In accordance with Regulation of the European Parliament and of the Council no. 524/2013 established the so-called RSO (online dispute resolution) platform. On this platform, the Buyer-Consumer can file an online complaint. This platform is available online in Slovak language at
https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=SK
Alternative dispute resolution according to Act no. 391/2015 Coll. only disputes arising from distance contracts may be resolved, the value of which must exceed EUR 20. In connection with such a dispute, the ADR entity is entitled to demand from the Buyer the payment of a fee for initiating such dispute resolution in the maximum amount of EUR 5 including VAT.
Article VII
Final provision
7.1 These complaint rules come into force and effect on 01.04.2022