General Terms & Conditions

1. Introduction
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 “Seller”) is entered in the Commercial Register of the District Court of Banská Bystrica, section: 34026 / S. SUBOVIC Stefan. operates an e-shop at hamsikwinery.es (hereinafter referred to as “e-shop”). Through this e-shop, a third party (“Buyer”) has the opportunity to view the goods on the e-shop site. At the same time, in accordance with the terms and conditions set forth in these General Terms and Conditions (hereinafter referred to as the “GTC”), and subject to the acceptance of the order – as a draft Purchase Agreement – by the Seller, that person as the Buyer may purchase selected goods.

1.2 Contacts at Seller:

– e-mail info@hamsikwinery.es

– customer’s tel. line: +34 671 92 32 52

The seller reserves the right to change or update the information at hamsikwinery.es at any time. The change will take effect by publishing the data on the Seller’s site.

1.3 These Terms and Conditions govern the legal relationships between SUBOVIC Stefan. as the Seller and the Buyer who, in accordance with these GTC, is interested in buying goods in an e-shop operated on hamsikwinery.es. These legal relations between the Seller and the Buyer arise in particular in the purchase, delivery of goods and possible claims of goods, and depending on their content, except for the rights and obligations under these GTC, they are also governed by the provisions of the relevant generally binding Slovak legislation, only) of the Civil Code of the Slovak Republic, the Consumer Protection Act and the Consumer Protection Act when selling goods or providing services on the basis of a distance contract. The relationship between the Seller and the Buyer is also governed by the applicable Complaint Rules for the e-shop (the “Complaint Rules”) referred to in point 6 of these GTC and / or separately issued.

1.4 A contract of sale is a contract between the Seller and the Buyer, the subject of which is the purchase of the goods presented at hamsikwinery.es, concluded in accordance with these GBCs. The seller points out that the purchase of certain goods may, in view of their nature, be in accordance with the applicable law, subject to the fulfillment of special conditions, such as reaching a certain age. In this case, the Buyer is responsible for the correctness, completeness, and timeliness of the data demonstrating the fulfillment of the necessary conditions in relation to the Buyer’s person. 1.5 The provisions of the GTC and / or the Slovak legal order regulating the rights of the consumer shall not apply to the Buyer, who is not a consumer under Act no. 250/2007 Coll. on consumer protection and who buys goods mainly for the purpose of doing business. Such a person does not belong to the consumer’s rights under current legislation. The liability for defects in goods and the relationship between the Buyer and the Buyer who is not a consumer is in this case governed by the provisions of Act No. 513/1991 Coll. Of the Commercial Code, unless the Seller and the Buyer individually agree to specially modify the rights and obligations.

Ordering Goods / Purchase / Contract Making
2.1. The offer of the Seller’s goods is via the Internet at hamsikwinery.es. Here, the Buyer is provided with an environment that allows you to browse the currently offered goods, search for items and order the selected merchandise. The purchase of the goods is made by issuing and sending an order to the Buyer in the Seller’s e-shop, so that the buyer’s order must be confirmed (accepted) by the Seller by the buyer. If an order is accepted by Seller under the GTC, the Seller will deliver the ordered goods within a reasonable delivery period. Before sending an order to the Buyer, he or she may become acquainted with the e-shop and the GTC with information that the Seller is obliged to provide under special regulations, in particular pursuant to Section 3 of Act No. 102/2014 Z. z. This is the following information:

– the main characteristics of the goods to the extent of the commodity and goods used appropriately. (The description of these facts is found next to each item directly in the e-shop after clicking each item)

– the business name and place of business or place of business of the seller or person on whose behalf the seller is acting. (For example, the data is displayed on the e-shop page on its top bar and in the “Other contacts” section).

– the seller’s phone number and other information that is important for the consumer’s contact with the seller, in particular the address of his electronic mail and fax number, if any, and the address at which the consumer may lodge a complaint, file a complaint or other complaint. (The information is provided on the e-shop page on its top bar and in the “Other Contacts” section and the address on which the complaint can be lodged is stated in the “Warranty, Claims and Claims” section of the GTC).

– the total price of the goods or service, including value added tax and all other taxes. (The price of the goods is quoted, including VAT, for each item. The costs of shipping the goods to the customer are listed on hamsikwinery.es under “Shipping and Payment”.

– the cost of using the means of distance communication that can be used for the purpose of concluding the contract, in the case of a higher tariff service number. (The hamsikwinery.es page shows a phone contact as a normal tariff number).

– Terms of payment, delivery terms, the time the seller commits to deliver the goods, information on the procedures for the application and handling of complaints, complaints and complaints from consumers. (Buyer pays for the goods in advance by transferring to the Seller’s account or by payment card directly at the e-shop site (Details are given in these GTC at point 3 resp. 4)

– information on the right of the consumer to withdraw from the contract, the terms, the time limit and the procedure for exercising the right of withdrawal. (Referred to in separate point 5 of these GBCs The GTC also includes a form by which the Buyer can notify the Seller of the resignation)

– information that if the consumer withdraws from the contract, he will bear the costs of returning the goods to the seller pursuant to § 10 par. 3 Zák. no. 102/2014 Z. z. , and if it withdraws from a distance contract, also the cost of returning the goods, which due to its nature can not be returned via mail. (Referred to in separate point 5 of these GBCs).

– the obligation of the consumer to pay the seller the price for the actually rendered service pursuant to § 10 par. 5 Zák. no. If the consumer withdraws from the service contract after having given the seller explicit consent under § 4 par. 6 is not mentioned due to the fact that the Seller does not provide any services through an e-shop.

– information that the consumer is not entitled to withdraw from the contract or, where appropriate, information on the circumstances in which the consumer loses the right to withdraw from the contract (Referred to in separate point 5 of these GBCs).

– instructions on the seller’s liability for defects of goods under the general regulation (Referred to in separate point 6 of these GBCs)

– information on the possibility and terms of dispute resolution through an out-of-court procedure through an ADR system, (Refer to separate point 6.7 of these GBCs).

Buyer agrees to these terms by sending an order to e-shop. From these conditions, it is possible to deviate only by mutual agreement of the Seller with the Buyer. At the same time, the Buyer acknowledges that this order is linked to his obligation to pay the purchase price of the ordered goods.

2.2 Buyers view and select items by clicking on the displayed goods. In the case of goods, the Buyer will select the data according to the published ordering information and click on the icon showing the shopping cart to add the goods to the goods he wants to buy. The site also offers you a determination of the number of specific products you can order. Once the shopping cart has been displayed, Buyer can continue shopping with “Continue shopping” or choose “Next”. The buyer still has the opportunity to return to the next purchase, adjust the contents of the basket, and completely empty it. If he decides to buy the goods you choose, click the “Next” button.

The buyer then enters the second step of the order labeled “Login”. In this step, the Buyer has the option to create a new customer account in the e-shop, if he already has a registration, which will shorten his / her follow-up steps to provide contact and delivery data.

The third step of the order is a section called “Address”. In this step, the Buyer is obliged to fill in the contact details in the scope of: Name, Surname, Telephone, E-mail, City or Village, Street and No, Postcode and also the Buyer’s Delivery and Billing Address. He still has the opportunity to continue buying or taking the next step.

This is the fourth step is “Delivery” section. In this section, the Buyer is aware that the delivery of the goods is realized through the contractual partner – the courier company and at the same time it is stated the exact price of the transport and the anticipated delivery period. At the same time, the Buyer is requested to review these GBCs as well as to agree on them as a prerequisite for a successful order, as well as being given the opportunity to thoroughly acquaint themselves with the facts concerning the processing of personal data and their protection. In addition, he still has the opportunity to go back to buying.

Once you have become acquainted with the method and delivery period, as well as after you have approved the GBC and become familiar with the principles of processing your personal information, the Buyer can proceed to the “Payment” step. Here, Buyers have the option of going back and correcting your contact information or continuing with your purchase, or choosing “Order with a Payment Obligation” option. At the same time, the Buyer is informed of the payment option by payment card (as described in the “PayPal-Pay Through PayPal” section). For each of these options, it is also stated that the order is linked to the payment obligation.

The Buyer notes that the “Order with Payment Obligation” instruction is linked to the Purchaser’s obligation to pay the purchase price valid at the time of the order.

2.3 Buyer is required to provide complete, correct and correct information necessary for the timely and correct delivery of the ordered goods.

2.4 Buyer’s Purchase Order is deemed to have been sent if it is delivered to the Seller and will contain all the details, especially in the “Address” section.

2.5. Buyer sends the order via e-shop. This order is a proposal by the Buyer to conclude a purchase contract under the terms and conditions of these GBTC. The order is for the Seller to be accepted by the Seller within 5 days of delivery to the Seller. By submitting an order to a Seller through an e-shop, the Buyer becomes bound by his order within this period and undertakes to purchase and take over the ordered goods at the purchase price stated at the time of sending the order to the e-shop, in accordance with the terms of the GTC, that the order will be accepted within the given time limit. The purchase contract is closed by the confirmation of an order from the Seller which the Seller will send to the Buyer by e-mail.

2.6 Buyer – The consumer is entitled to withdraw from the distance contract, which is the delivery of the goods, even before the commencement of the withdrawal period.

2.7. The change in the order is exceptionally possible if the Seller is unable to accept – accept the Purchaser’s order in its entirety, if any of the ordered items will not be present or not. in due time, available. In this case, the buyer will be informed by e-mail or by telephone. The Buyer is obliged to send the Seller an order within 3 days from the date of notification of the proposed change. During this time, items from the Buyer’s order will be reserved. By agreeing to the proposed change in the order, a contractual relationship will be established between the parties. If the Buyer does not agree to change the order within the stated time limit, the order will be canceled in full at the expiration of the above period and the Seller’s suggestion for its change shall be deemed not accepted by the Buyer.

2.8 From the concluded purchase contract, the Buyer shall be obliged to submit the Buyer’s object and fulfill the obligations under the GTC. The Buyer shall be obliged to take over the object of the purchase from the concluded contract, to pay for the agreed price of performance and to fulfill the obligations under the contract and the GBC. The seller will comply with the accepted order within 14 days from the conclusion of the contract and payment of the purchase price (clause 4.1 of the GTC) unless otherwise agreed with the Buyer.

The buyer acquires ownership of the goods until the full purchase price for the goods is paid in full.

2.9 If the Seller subsequently finds a printing, delivery or other error regarding the goods (availability, quantity, delivery options, price or power), whether or not before or after the conclusion of the contract, it shall immediately inform the Buyer thereof. In such cases, the parties are entitled to cancel their order prior to the conclusion of the contract (Buyer), respectively. reject it (Seller). If such an error is found by the Seller after the conclusion of the contract, he is entitled to withdraw from the contract until the moment of delivery of the goods to the Buyer. In this case, the buyer is also entitled to withdraw from the contract.

2.10 The buyer is also entitled to unilaterally withdraw from the contract in the period between the conclusion of the contract and the delivery of the goods (Article 7 (5) of Act No. 102/2014 Zz). The adjustment of the Buyer’s withdrawal from the Purchase after receipt of the ordered goods is given in separate point 5 of these GTC and in the relevant legal provisions.

2.11 It is not possible to transfer the receivable from the relations created under these GBTC to a third person.
1. Purchase price, payment terms
  3.1. Buyer is obligated to pay the Buyer for the Goods the purchase price and the shipping price according to the Seller of the Accepted Order (the Contract concluded). When creating an order, these items are listed separately and also as a sum of the price of the goods and shipping. The price of the goods on the e-shop is stated with VAT.
2.3 The way of payment of the purchase price, the cost of transporting the goods to the Buyer is determined by transfer to the Seller’s account or payment card. Buyer is obligated to pay for the goods by transferring to the Seller’s account or payment card by the procedure specified on the page (“PayPal – pay via PayPal” section), taking note that the payment of the purchase price and shipping is a condition of sending the ordered goods to the Buyer.

3.3 The cost of using electronic means of communication shall be governed by a contract between the Purchaser and its Internet service provider, or its electronic communications service provider.

3.4. The seller shall issue and deliver to the Buyer an invoice in accordance with the applicable SR regulations. By sending an order, the buyer agrees that the invoice is sent to him / her with the goods or made available to the Buyer electronically as an electronic invoice, but which represents a full refund of the written invoice. The invoice sent together with the goods is both a delivery note and a warranty card (in the case of goods to which the Seller provides a guarantee).

Delivery of goods, delivery terms and delivery costs
4.1. The Seller shall deliver the goods to Buyer at the latest within 14 days of the date on which a contract was concluded between the Seller and the Buyer in accordance with these GBCs, from acceptance of Buyer’s order to Seller, but only if the Buyer’s purchase price is paid by transfer to the Seller’s account. The Seller shall deliver the goods to the Buyer through the Slovak Mail Courier Company at the address given at the time of the order, and only to the address in the Slovak Republic. Delivery of goods to an address outside the Slovak Republic based on the order of goods from the address hamsikwinery.es is not possible. The shipper is entitled to verify by appropriate means that the transferee is entitled to take over the goods.

The delivery price depends on the weight of the item and its height is indicated in the special section of the terms “Shipping and Payment”. This is the delivery to the Purchaser of the address mentioned above, when the Buyer or the provably authorized person takes delivery of the goods from the deliveror.

2.4 Issuance of the goods to the Buyer is only possible if the Buyer or the person authorized by him / her is receiving the goods, which will confirm receipt of the goods to the courier. Otherwise, the shipper is entitled to dispose of the goods and the Seller is not in delay with the delivery of the goods. Buyer is required to take delivery of the goods within the scope of the Seller’s accepted order. Proprietary right to goods passes to the Buyer by taking over the goods.

3.4 The seller is entitled to deliver the goods also by several separate deliveries, provided that for such separate deliveries the price of the transport is the same as when accepting the order, the Buyer distributes the transport price only once.

4.4 When the goods are taken over, the Buyer is obliged to check the integrity of the package and the completeness of the delivery. In the case of any obvious defects, the Buyer is obliged to notify them immediately to the Seller without delay and within 48 hours at the latest. The buyer is obligated to indicate any apparent damage to the item and the package breakdown when the goods are taken over. By signing the download protocol, the buyer confirms that the shipment has been taken intact. If the Buyer does not object to the non-delivery of the goods and the non-delivery of the documents delivered with the goods within 48 hours after the delivery of the goods, on the basis of confirmed deliveries and letters, it is assumed that the goods were delivered to the Buyer properly and in time unless the Buyer proves the contrary.

4.5 Damage to the goods is the Buyer obliged to notify the Seller by e-mail (info@hamsikwinery.es) or by phone (+421 905 260 349), without delay. Additional claims of mechanical damage to the goods, ascertainable upon receipt, will not be accepted by the Seller.

4.6 If such a situation occurs, Seller is obliged to immediately inform the Buyer of the impossibility of delivering the goods. The same applies in case of force majeure, for reasons on the part of the delivery agent or for other reasons for which the Seller does not answer.

Return of goods – withdrawal from contract

5.1 Instruction on the buyer’s right to withdraw from the contract.

The consumer purchaser has the right to withdraw from the contract without giving any reason within 14 days of receipt of the goods. If the goods from one order are delivered at the cost of the Seller’s decision by several separate deliveries, the withdrawal period expires 14 days after the date when the Purchaser or the person authorized by him has taken over the goods delivered as the last item.

Withdrawal from the contract must be made in writing – by notification to the Seller. The withdrawal period is deemed to be maintained if the notice of withdrawal has been sent to the Seller at the latest on the last day of the 14-day period referred to above (Section 8 (2) of Act No. 102/2014 Coll.). The notice of withdrawal must include the Buyer’s identification as well as the goods. The notice of withdrawal must be signed by the Purchaser by hand and sent to SUBOVIC Stefan., Calle Comical num. 9, San Miguel de Abona 386 39, S.C. Tenerife, Spain,

Withdrawal from the contract, Buyer may use the form attached to these general terms and conditions and is also available for download on the site. In the event of withdrawal from the contract using the form provided on the seller’s website and sent electronically, the Seller shall acknowledge this fact to the Buyer immediately upon receipt of such notification.

Withdrawal from the contract results in the Buyer being entitled to repayment of the purchase price paid for such goods, including the costs incurred by the Buyer in order to order the goods. Payments paid by the Buyer to the Seller in respect of the contract from which he resigned shall be returned by the Buyer to Buyer within 14 days of receipt of the notice of withdrawal. The seller is obliged to return the payment to the buyer who is the consumer in the same way as the consumer has used for his payment. This does not affect the Buyer’s right to agree with the Seller on any other payment method, but no additional fees will be charged in respect of that Buyer.

Upon termination of the contract, the subject of which is the sale of the goods, the Seller is not obliged to refund the Buyer before the goods have been returned to him or until the consumer has proved the return of the goods back to the Seller. This does not apply if the Seller proposes to pick up the goods personally or through a person authorized by him (Section 9 (5) of Act No. 102/2014 Coll.).

Upon termination of the contract, Buyer is obliged to send the goods to the Seller within 14 days of withdrawal. This period is retained until the last day the goods were handed over for shipment. Repayment costs are borne by the Buyer for the seller. The seller points out that the goods returned to the Seller “on delivery” will not be accepted by the Seller.

Returned goods must not be damaged or otherwise impaired and must be free of signs of wear.

The buyer is liable for any reduction in the value of the goods if he or she treats it in any manner other than what is necessary to ascertain the nature, characteristics and functionality of the goods.

The buyer can not withdraw from the contract in the cases mentioned in the cases in the § 7 par. 6 of Act no. 102/2014 Zz.

2.5 If the Damaged Goods returned to the Buyer are manifestly used in excess of the normal handling necessary to ascertain the properties and functionality of the Goods, the Seller shall be entitled to damages against the Buyer.

Warranty, Complaint Terms and Claim Policy
6.1. The seller shall issue in accordance with Section 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 Complaints Procedure, which regulates the procedures for receiving and handling consumer complaints – Buyers in connection with the purchase of goods via the Internet via the e-shop located on the website – hamsikwinery.es

6.2.This complaint is in accordance with the § 18 par. 1 of the Consumer Protection Act placed on the internet site of the HAMSIK Corporation e-shop, s.r.o. – hamsikwinery.es not only as part of these GTC, but also separately

6.3. Responsibility for defects in goods

Immediately upon receipt of the goods, the Buyer is obliged to check the integrity of the package and the completeness of the delivery, especially the number of packages. In the case of any apparent defects found in connection with the carriage and the goods, the Buyer is obliged to notify them immediately to the Seller without any delay and no later than within 48 hours. The buyer is obliged to indicate on the delivery receipt of the consignment all apparent damage to the consignment and the breach of the package. If the shipping package is provided with a salesman’s or carrier’s stripe and this is damaged or other damage to the package is found, and if the facts indicate that the shipment was unlawfully opened, the Buyer shall not deliver the shipment from the deliveror. By signing a download protocol without indicating a violation of the shipment, the Purchaser confirms that the shipment was taken intact. If the Buyer fails to deliver the documents delivered with the goods within 48 hours after the delivery of the goods, the Buyer shall provide for the proper delivery of the goods, unless otherwise proven. Damage to the delivered goods shall immediately be communicated to the Buyer by the Buyer electronically or by any other appropriate means. The later reported mechanical damage found during the takeover of the goods will not be discounted and such a claim will not be accepted.

The seller is responsible for the fact that the goods are free of defects, they have the described, ordered, quality, quality, quantity or weight.

According to the relevant legal provisions (the Civil Code), the Seller is responsible for the defects which the goods are sold upon receipt by the Purchaser, and if it is not a matter that is quickly destroyed or used, Seller is also responsible for defects that occur in the goods time or consumption time.

A defect can not be considered as a change of goods that arose during the warranty period as a result of its wear, improper storage, use or improper intervention.

Despite Seller’s above-mentioned liability for the goods, the seller is not responsible for any defects:

– if the Buyer caused the defect of the goods himself,

– if the Buyer knew, before or after taking over goods, he was expressly and clearly warned of a defect and, if it was precisely because of such a defect, he was granted a discount on the price of the goods,

– if the Goods are being claimed by the Buyer after the expiration of the warranty period or other time within which to preserve its specific characteristics,

– for goods sold at a lower price if a lower price has been agreed for such a defect,

– if Buyer does not store goods that are wine or similar product in the manner required to maintain its quality and health (cold, dark environment)

4.6 Warranty

Warranty period or its length is governed by the law. It starts to run from the date of receipt of the goods to the Buyer, from the date when the Buyer unduly refuses to accept the delivered goods. The Seller is obliged to issue to the Buyer a proof of purchase of the goods. The accounting document serves as a warranty card and at the same time as proof of commencement of the warranty period. If the goods are exchanged, the warranty period begins to run again from the receipt of the new goods. The time from the right to use the liability for defects until the Buyer has been obliged to take over the goods at the end of the repair is not counted for the warranty period. The seller is obliged to give the Buyer a confirmation of the right to apply, as well as the repair and the duration of the repair.

The seller is required to provide the Buyer with a confirmation of this claim when making a claim. If a complaint is submitted electronically (e.g., by e-mail), the Seller must deliver the Receipt for Receipt of the Claim immediately to the Buyer (by e-mail); if it is not possible to deliver the receipt immediately, it must be delivered without undue delay, but at the latest with the proof of the furnishing of the claim.

The purchaser expressly acknowledges that the minimum shelf life of a foodstuff is not explicitly stated in the case of spirit drinks and other alcoholic beverages with an alcoholic strength of at least 10% by volume of alcohol, wine, liqueur wines, sparkling wines, aromatised wines and similar products of other fruit than grapes and beverages obtained from grapes or grape must (Annex X of Regulation (EC) No 1169/2011 of the European Parliament and of the Council).

The buyer also notes that some of the products from the offer (vintage wines) are long-term storage vendors in accordance with the requirements of the given product type, but due to the age of the products, their taste and sensory properties can be assumed but can not be guaranteed .

5.6 Applying the rights of responsibility for defects

Rights of responsibility for defects apply:

– at info@hamsikwinery.es,

– at tel. no. +34 671 92 32 52 or

– in writing to the Seller at SUBOVIC Stefan., Calle Comical num. 9, San Miguel de Abona 386 39, S.C. Tenerife, Spain,

The Buyer is obliged to apply the right of liability for defects no later than the expiration of the warranty period and for goods that are quickly damaged, at the latest on the day following the purchase, otherwise the liability for defects will be extinguished. These deadlines do not apply to claiming an incorrectly charged payment. Such payment is the Buyer obliged to claim immediately after the purchase

In case of defect reclamation, the Buyer is obliged to submit the defective goods, a defect description, a copy of the purchase receipt (invoices), the warranty card (if the goods were sold) and the Buyer’s contact details. Complaints can also be submitted electronically with attached scanned documents. The seller points out that the returned goods returned to the Seller “on delivery” will not be accepted by the Seller.

6.6 Obligations of the Seller in the event of a claim by the Buyer

If the Buyer exercises the right of liability for defects personally, the Seller, the designated employee or designated person is required to instruct the Buyer of his rights as set forth in these Complaints. The seller is obliged to give the Buyer a confirmation when he claims the liability for defects when making a claim.

Based on the Buyer’s decision to exercise his rights, Seller is required to determine the manner in which the claim is rectified (ie termination of the complaint by handing over the repaired product, replacing the product, returning the purchase price of the product, paying a reasonable discount on the product price, rejection) within the following deadlines:

(a) immediately,
(b) in complex cases within 3 working days of the date on which the claim was made,
(c) in justified cases, in particular where there is a need for technical recovery of the goods, no later than 30 days after the date on which the complaint was lodged.
If the Buyer has made a claim on the Product during the first 12 months of the purchase, the Seller may refute the claim by rejecting it only on the basis of professional judgment; regardless of its outcome, it is not possible for the Buyer to claim reimbursement of costs associated with this professional judgment or other costs related to professional judgment.

If the Buyer has applied the product claim 12 months after the purchase and the Seller has rejected it, he is required to state in the Refusal of Claim Notice to whom the Buyer may send the goods for expert judgment. If the product is sent for expert judgment by the Seller to the designated person, all the related expense incurred shall be borne by the Seller irrespective of the outcome of the expert judgment. If the Buyer, by professional judgment, demonstrates Seller’s liability for a defect, it may reapply the claim; during the professional judgment, the warranty period does not go away. The seller is obliged to pay the Buyer within 14 days of the day of the resubmitted claim all costs incurred for professional judgment. The resubmitted claim can not be denied.

After determining how the complaint is handled, the claim will be rectified immediately, and in justified cases the complaint may be recovered later; However, the claim may not take longer than 30 days from the date of the claim. Upon expiry of this period, the Buyer may withdraw from the contract or have the right to exchange the product for a new product, regardless of the eligibility of the claim.

The Seller is obliged to provide the Purchaser with a written proof of the equipment’s claim within 30 days of the date of the claim. The Purchaser acknowledges and agrees that the proof of claim and claims will be delivered to the Buyer in accordance with the law. Upon termination of the complaint procedure, the Buyer is obliged, within 15 days, to take over from the Seller the claimed goods if the claim was repaired, discounted, exchanged (new goods) or rejected the complaint. If the Buyer does not take goods within 30 days after the furnishing of the complaint or within 30 days of the date of the repeated delivery of the goods to the Buyer or does not take it within the same timeframe from sending the Seller’s request after the termination of the complaint to the contact address provided by the Buyer, entitled to claim from the Buyer a warehouse of 0,20 € / day of storage.

Buyer’s claims in the event that the claim is properly claimed are as follows:

– In the case of a defect that can be removed, the Buyer has the right to be removed free of charge, timely and properly. The seller is required to remove the defect without undue delay. The buyer may request the replacement of the defect instead of the removal of the defect, or if the defect only concerns part of the thing, the replacement of the component, and the Seller does not incur disproportionate costs in terms of the value of the goods or the severity of the defect. However, the seller may always replace the defective item in lieu of defect if the Buyer does not cause serious difficulties.

– if it is a non-removable defect, i. if defective goods can not be repaired; if the qualitative qualities of the goods of a food nature are clearly impaired, the buyer can not properly use the goods because the same defect occurs again after repair, or if there is a greater number of defects, the Buyer is entitled to exchange defective goods for goods without or if the Buyer disagrees with the replacement of the defective goods.

– in the case of other non-defectable defects that do not prevent the goods from being used, the Buyer is entitled to an appropriate discount on the price of the goods.

The provisions of this point do not apply to a Buyer who is not a consumer and who buys goods primarily for business purposes and not for the personal consumption of individuals. Liability for defects in goods is governed in this case by the provisions of §422 et seq. The Commercial Code. The seller treats claims of goods purchased by Buyer-Consumers through the Seller’s e-shop in accordance with the laws of the Slovak Republic, 250/2007 Coll. as amended, the Civil Code of the Slovak Republic and the applicable legal regulations.

Other complaints and complaints by Buyers can be addressed to the Seller’s address and also electronically at 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 Zz. on an alternative dispute resolution if he is not satisfied with the resolution of his claim or if he claims that his rights have been violated, the right to contact the Seller with a request for redress. This request is addressed to info@hamsikwinery.es.

If Seller Seller declines or does not respond to it within 30 days of its dispatch, the Buyer has the right to make a proposal to open an alternative dispute resolution dispute to an ADR entity. Such bodies are the bodies referred to in § 3 ods. 2 of Act no. 391/2015 Coll. and authorized legal entities registered in the list according to art. § 5 ods. 2 cit. of Act No. 391/2015 Coll. The essentials of such a proposal are set out in Section 2 of Act 391/2015 Zz.

In accordance with Regulation of the European Parliament and of the Council No. 524/2013 is established so-called. RSO platform (online dispute resolution). On this platform, Buyer – Consumer can file an online complaint. This platform is available in the Slovak language version online at:

https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=SK

Alternative dispute resolution pursuant to Act no. 391/2015 Coll. only disputes arising from distance contracts can be settled, with a value exceeding EUR 20. In connection with such a dispute, an ADR entity is entitled to require the Buyer to charge a fee for initiating such dispute resolution up to a maximum of EUR 5 with VAT.

Privacy
The Seller, in the performance of its business activities and the operation of the hamsikwinery.es website, including the e-shop located on it, processes the Personal Data of Buyers as a so- concerned. Personal data are processed in accordance with Regulation of the European Parliament and of the Council no. 2016/679 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (GDPR) and Act No. 18/2018 Z. z. on the protection of personal data.
1. Final provisions
  8.1. The seller is entitled to keep and archive the mutual documentation and the contract in electronic form. The buyer has the right to reproduce the essential requirements of the contract in electronic form in accordance with the law.
The agreement is concluded for a period up to the settlement of the parties’ mutual obligations arising from a contract concluded on the hamsikwinery.es web interface, respectively. for the period up to the moment of its cancellation by resignation or by agreement.

2.8 For delivery of electronic messages addressed to the Purchaser, it is assumed that the message was received on the second day after its dispatch, unless the addressee proves otherwise. For delivery of electronic messages addressed to the Seller, the message is deemed to have been unsuccessful until the acceptance of the receipt by the Seller.

8.3. If it is shown that some of the provisions of these GTC or the contract is invalid or ineffective, such invalidity or ineffectiveness results in the invalidity or ineffectiveness of the entire GBT or contracts. In such a case, the Contracting Parties undertake to replace such invalid or ineffective provision by a new one in order to preserve the purpose pursued by the relevant invalid or ineffective provision at the time of its receipt, at the time of the conclusion of such a contract.

8.4. These General Terms and Conditions are valid and binding on the parties from the date of their publication on the Seller’s website (hamsikwinery.es). They can also be inspected at the Seller’s headquarters. The seller reserves the right to change the GTC unilaterally even without prior notice. The changes are effective upon their publication on the Seller’s site hamsikwinery.es, with the fact that the already concluded contracts are covered by the GTC valid at the time of the conclusion of the purchase contract.

These General Business Terms and Conditions are valid and effective from April 1st, 2022 and repeal the previous GTC.