Business conditions | BAYNACH

INTRODUCTORY PROVISION

These terms and conditions apply to purchases in the online store baynach.sk The conditions further define and specify the rights and obligations of the selling party / seller / and purchasing party / customer /. All agreed terms are concluded in accordance with the law of the Slovak Republic. If the contracting party is a consumer, the terms not regulated by the Terms and Conditions are governed by the Civil Code / no. 40/1964 coll./ or by the Act on Consumer Protection in Selling Goods or Providing of Services Based on a Contract Agreed Remotely or Contract Agreed Outside of the Operating Premises of the Selling Party/ Act No. 102/2014 coll. /. If the contracting party is not a consumer, the terms not regulated by the Terms and Conditions are governed by the Commercial Code /no. 513/1991 Coll./, all as amended.

SELLING PARTY:
Reva Bojničky, a.s.

Bojničky 54,
920 55 Bojničky
IČO: 36 237 833
DIČ: 2020173199
IČ DPH: SK2020173199

ORDER OF GOODS AND PURCHASE AGREEMENT 

All orders placed through the online store baynach.sk are binding. By placing an order, the buyer confirms that he has read these terms and conditions and the claim process and that he agrees with them. The condition for the validity of the electronic order is the completion of all forms of mandatory data. The order executed in this way is considered binding and ot is in accordance with Act No. 102/2014 Coll., as amended, and understood as a contract agreed outside of the operating premises of the selling party. The buyer is obliged to provide correct registration data, in particular the complete delivery address where the goods are to be sent. The purchase contract is created at the moment of taking over the ordered goods by the buyer. Ownership of the goods passes to the buyer by paying the purchase price and taking over the goods.

PRICES OF GOODS

Prices for particular items are listed on the web site. Prices for transport and other fees are listed in the section PRICES OF TRANSPORT - POSTAGE and OTHER FEES. Prices include VAT. Promotional prices are valid until the date stated in the product details or until stocks run out.

If the customer is from abroad and at the same time a VAT payer, he will send the seller a copy of his VAT payer's registration. An invoice without VAT will then be issued to the VAT payer.

Before sending the order, the total price for the goods, including related fees, will be calculated and the customer will be asked for agreement.

For each delivery of goods, the seller issues a document of payment - an invoice, which is attached to each shipment and this serves the cause of a delivery note and in the case of a claim as a warranty certificate. In the case of personal takeover, the buyer will receive the invoice at the place of takeover and he is obliged to check it when taking over the goods.

The customer will choose a following specific method of payment according to the options specified when ordering in the shopping cart section:

• payment via VUB payment gateway (eCard)
• payment in advance to the seller´s account
• or cash on delivery upon receipt of the goods from the carrier.

Each order is binding / Civil Code § 544-545, Act No. 40/1964 Coll. / according to our terms and conditions.

DELIVERY PERIOD

The delivery period begins to run from the date of binding order confirmation and the data - documents that are necessary for the processing of this order. The delivery period is set at 7 days, which is also the maximum time for processing the order if the ordered goods are properly in stock. The stock availability stated for each product means that the earliest time of the goods dispatch is the next working day after receiving the order.

In the case that the ordered goods are sold out in the meantime, or the goods are sold out for a long time, or it will not be possible to deliver to the carrier within the agreed period, the customer has the right to withdraw from the purchase agreement / binding order /. If buyer pays for the undelivered goods in advance, the amount will be paid after withdrawal from the contract no later than 5 days after withdrawal from the contract.

TRANSPORT METHOD

We send the goods by a following company:

ReMax Courier Service, Ltd., delivery by courier to the buyer's address

In the case of using personal takeover, the goods can be picked up at the pickup locations listed in the shopping cart, while the buyer chooses a specific pickup location in one of the steps when filling out the purchase form.

If the goods or the notice of deposit at the post office were not delivered to you within 5 days after we send you an e-mail about the dispatch, please contact us at eshop@baynach.sk. After verification, we will provide you by e-mail more detailed information about your package and possible reasons for non-delivery of the goods.

PRICES OF TRANSPORT - POSTAGE AND OTHER FEES

Due to the nature of the goods of the winery BAYNACH, or assortment offered through the baynach.sk e-shop, prices are directly dependent on the total weight of the package:

1. Shipping rates set for customers with a delivery address in the Slovak Republic (ReMax Courier Service, Ltd., delivery by courier to the buyer's address)

• weight 0,01 - 5,00kg, price 4,90 €, OR SPECIAL OFFER: purchase over 30 €, shipping cost 2,25 €
• weight 5.01 - 10.00kg, price 5.50 €, OR SPECIAL OFFER: purchase over 30 €, shipping price 2.75 €
• weight 10,01 - 15,00kg, price 5,90 €, OR SPECIAL OFFER: purchase over 30 €, shipping price 2,95 €
• weight 15.01 - 20.00kg, price € 6.90, OR SPECIAL OFFER: purchase over € 30, shipping price € 3.45
• weight 20.01 - 30.00kg, price 7.90 €, OR SPECIAL OFFER: purchase over 30 €, shipping price 3.95 €
• weight 30.01 - 50.00kg, price € 8.90, OR SPECIAL OFFER: purchase over € 30, shipping price € 4.45
• weight over 50 kg, price on request

2. Shipping rates set for customers with a delivery address in the Czech Republic (ReMax Courier Service, Ltd., delivery by courier to the buyer's address)

• weight 0.01 - 5.00kg, price 9.80 €
• weight 5.01 - 10.00kg, price 12.80 €
• weight 10.01 - 15.00kg, price 14.30 €
• weight 15.01 - 20.00kg, price 15.80 €
• weight 20.01 - 30.00kg, price 17.80 €
• weight 30.01 - 50.00kg, price 25.80 €
• weight over 50 kg, price on request

3. Personal takeover at selected pickup locations

• weight without restrictions, price 1.90 €

In the case of ordering goods and using services from courier companies, it is also possible to choose cash on delivery. This service is charged at a flat rate of € 1.00.

The above fees apply to the sending of packages in Slovakia and the Czech Republic. Transport to other countries is counted separately.

Fees are listed with VAT.

PAYMENT METHOD

- cash on delivery

- payment via VUB payment gateway (eCard)

- via bank transfer to the account number:

Account number: 1407789351

IBAN: SK7102000000001407789351

BIC: SUBASKBX

Each shipment contains an invoice - a tax document, which also serves the cause of a delivery note.

ORDER CANCELLATION - WITHDRAWAL FROM THE PURCHASE AGREEMENT

If the buyer wants to cancel his order, it is possible to do so if it has not yet been processed (shipped). Information on order cancellation must be sent to e-mail eshop@baynach.sk, stating: order number, name, e-mail (stated in the purchase form) and the date of sending the order. If your order has already been paid, the amount will be paid back within 5 days from the date of cancellation of the order to the account from which the payment was made.

According to §8 of Act no. 102/2014 Coll. the buyer has the right to withdraw from the contract within 14 days of takeover of the goods / does not apply to personal takeover of goods at the seller's location /. If you decide to do so, it is necessary to return the goods in undamaged condition, without signs of use or deterioration, in the original packaging by sending it back within the specified period / determining is the date of dispatch /. The return shipment must include a form "Withdrawal from the purchase agreement" and a form "Return of goods" - both forms are available on the e-shop baynach.sk.

Delivery address: REVA Bojničky, a.s., Bojničky 54, 92055, or at the pickup location. The goods must be properly and safely packed to guarantee its troublefree delivery to the specified address. Cash on delivery packages will not be accepted.

If all the above conditions for the return of goods are fulfilled, the money for the goods will be returned to the buyer by transfer to his account no later than 14 working days after the physical receipt and inspection of the goods. The amount refunded will be equal to the purchase price of the product itself without the financial costs of transport fees.

WARRANTY CLAIM AND WARRANTY PERIOD

The buyer is obliged to inspect the goods immediately after its takeover. If damage to the product packaging is found, the buyer will check the condition of the goods and, in the event of damage, will make a record of the damage in the presence of the carrier. The buyer has the right not to accept the visibly damaged shipment. By signing the transfer form, the buyer agrees to accept the shipment and confirms that the delivery of goods is without visible damage.

The selection of products from the baynach.sk e-shop consists of:

• BAYNACH winery products (non-sparkling or sparkling wines)
• other food products
• other additional non-food products

All selling goods of food character meets legislative, hygienic and veterinary standards. In the case that a minimum shelf life (DMT) is set for food products, these are always sent to the buyer with at least 2/3 of the residual DMT.

The other non-food additional products have a warranty period of 24 months provided by law, and begins on the day the goods are taken over by the customer, unless otherwise stated. The warranty period only applies to manufacturing defects. The warranty does not cover damage due to handling which may results in damage of the product. In case of a claim, please contact us by e-mail at eshop@baynach.sk.

The goods for the claim must be sent in the packaging / preferably the original one / to the address: REVA Bojničky, a.s., Bojničky 54, 92055.

Cash on delivery claimed goods will not be accepted. In the case of a justified claim, the seller undertakes to handle the claim within 30 days of its delivery.

WE GUARANTEE compliance with the price that was valid at the time of sending the order to the customer, delivery of goods so that they are not damaged, delivery of goods in such quantity and selection as specified in the order, enclosing a tax document, unless the customer requested otherwise.

WE ARE NOT RESPONSIBLE for delayed delivery of goods caused by the carrier /post office, courier/, delayed delivery of goods caused by incorrectly stated address of the recipient, damage caused by the carrier company /post office, courier/; visibly damaged goods /damaged packaging of parcel, etc./ please do not accept!

PROTECTION OF PERSONAL DATA

With the consent of the customers, the supplier collects the personal data of the customers such as name, address, telephone number and e-mail contact. This data is mainly used to facilitate customer orders in the future. We respect your privacy. In order to offer you valuable services, we need to know some of your personal data. The operator of the online store baynach.sk undertakes to use this entrusted personal data only for communication with the customer. The operator will not provide personal data in any way to a third party without the consent of the owner of the data and will not use the entrusted personal data for commercial offer other than those directly involved in processing the customer's order (banks, transport company, etc.) and only to the extent necessary.

The buyer agrees that the provided personal data be processed and stored by the seller and third parties in accordance with the Personal Data Protection Act no. 122/2013, for the purpose of fulfilling the subject of the purchase agreement and for the purpose necessary to handle the claim.

List of current subjects to which your personal data will be provided: Slovenská pošta, a.s.(IČO: 36631124), Slovak Parcel Service s.r.o. (IČO: 31329217)

ALTERNATIVE DISPUTE RESOLUTION

In the case that the buyer is not satisfied with the process used by the seller to handle his claim or believes that the seller has violated his rights, the buyer has the right to contact the seller with a request for redress. If the seller responds to the buyer's request according to the previous sentence in a negative way or does not respond to such a request within 30 days from the date of its sending by the buyer, the buyer has the right to file a motion to initiate alternative dispute resolution according to § 12 of Act no. 391/2015 Coll. on Alternative Resolution of Consumer Disputes and on Amendments to Certain Acts (hereinafter referred to as the “Act on Alternative Consumer Disputes Resolution”). The relevant subject for alternative resolution of consumer disputes with the seller is (i) the Slovak Trade Inspection, which can be contacted for this purpose at the Central Inspectorate of SOI, Department of International Relations and ADR, Prievozská 32, postal folder 29, 827 99 Bratislava or via e-mail at ars@soi.sk or adr@soi.sk or (ii) another relevant authorized legal entity registered in the list of entities for alternative dispute resolution maintained by the Ministry of Economy of the Slovak Republic (the list of eligible entities is available at (http://www.mhsr.sk/zoznam-subjektov-alternativneho-riesenia-spotrebitelskych-sporov/146987s), while the buyer has the right to choose which of the mentioned subjects of alternative dispute resolution will turn to. This does not affect the possibility to go to court. The buyer can use the online dispute resolution platform available at http://ec.europa.eu/consumers/odr/ to submit an alternative dispute resolution proposal to his consumer dispute.

2. According to § 12 article 3 of the Act on Alternative Resolution of Consumer Disputes, the buyer's proposal to initiate alternative dispute resolution must contain:

a) name and surname of the consumer, address for delivery, electronic address and telephone contact, if any,

b) the exact designation of the seller,

c) a complete and comprehensible description of the decisive facts,

d) an indication of what the buyer, as a consumer, demands,

e) the date on which the buyer, as a consumer, turned to the seller with a request for redress and information that the attempt to resolve the dispute directly with the seller was unsuccessful,

f) a statement that the same proposal has not been sent to another ADR entity, the court or arbitral tribunal has not ruled on the case, no mediation agreement has been concluded in the case or alternative dispute resolution has not been terminated in the case according to § 20 article 1 letter a) to e) of the Act on Alternative Consumer Disputes.

The proposal may be submitted in paper form, in electronic form or orally in the signed statemen. To submit a proposal, the buyer may use the form, which is also available on the website of the Ministry (http://www.mhsr.sk/alternativne-riesenie-spotrebitelskych-sporov-clr/146956s) and any ADR entity. The buyer shall attach to the proposal documents related to the subject of the dispute, which prove the facts stated in the proposal.

FINAL PROVISION

The terms and conditions are valid until the new terms and conditions are not issued. These terms and conditions are valid as it stands on the baynach.sk website on the day of sending the electronic order, unless otherwise is agreed between the participants in writing. By sending an electronic order, the buyer accepts without reservation all the provisions of the terms and conditions that are valid as it stands on website on the day of sending the order, as well as the valid price of the ordered goods /including shipping and transport costs/ listed in the price list of the online store baynach.sk.

CONTACT DETAILS OF THE SELLER

REVA Bojničky, a.s.

Bojničky, 54

920 55 Bojničky

Email: baynach@baynach.sk

IČO: 36 237 833

DIČ: 2020173199

VAT number: SK2020173199

The company REVA Bojničky, a.s. is registered in the Commercial Register of the District Court in Trnava, section: Sa, vl. č.10156 / T.