1. Introduction

1.1 The company HAMSIK Corporation, s.r.o., with registered office at Zvolenská cesta 46, 974 05 Banská Bystrica, Company ID: 51581213, VAT ID: SK2120736376 hereinafter referred to as the “Seller”), is registered in the Commercial Register of the District Court Banská Bystrica, Section: Sro, Insert No. 34026/S. HAMSIK Corporation, s.r.o. operates an e-shop on the website hamsikwinery.com (hereinafter also “e-shop”). Through this e-shop, a third party (hereinafter the “Buyer”) has the opportunity to browse goods on the e-shop page. At the same time, in accordance with the conditions determined by these general terms and conditions (hereinafter “GTC”) and subject to acceptance of the order – as a purchase contract proposal – by the Seller, this person as Buyer may purchase the selected goods.

1.2 Seller’s contacts:

– email office@hamsikcorp.com

– customer phone line: 0905 260 349

The Seller reserves the right to change or update these details at any time on hamsikwinery.com. The changes take effect upon publication of the data on the Seller’s website.

1.3 These GTC regulate the legal relations between HAMSIK Corporation, s.r.o. as the Seller, and the Buyer, who expresses interest in purchasing goods in the e-shop operated on the website hamsikwinery.com in accordance with these GTC. These legal relations between the Seller and the Buyer arise in particular during the purchase, delivery of goods and possible complaints about defects in goods, and depending on their content, in addition to rights and obligations in accordance with these GTC, are also governed by the provisions of the relevant generally binding legal regulations of the Slovak Republic, in particular (but not limited to) the Civil Code of the Slovak Republic, the Consumer Protection Act and the Act on Consumer Protection in the Sale of Goods or Provision of Services Based on Distance Contracts. The mutual relations of the Seller and the Buyer are further governed by the valid complaint procedure for the e-shop (hereinafter referred to as the “Complaint Procedure”) stated in point 6 of these GTC and/or issued separately.

1.4 A purchase contract is understood to be a contract between the Seller and the Buyer, the subject of which is the purchase of goods presented on hamsikwinery.com, concluded in accordance with these GTC. The Seller points out that the purchase of certain goods may, depending on their nature, be subject to the fulfillment of special conditions in accordance with the applicable legal order, for example reaching a certain age. In such a case, the Buyer is responsible for the correctness, completeness, and timeliness of data proving the fulfillment of the necessary conditions in relation to the Buyer’s person. 1.5 The provisions of the GTC and/or the legal order of the Slovak Republic regulating consumer rights do not apply to a Buyer who is not a consumer under Act No. 250/2007 Coll. on consumer protection and who purchases goods primarily for business purposes. Such a person does not have consumer rights under applicable legislation. Liability for defects in goods and mutual relations between the Seller and the Buyer, who is not a consumer, are in such a case governed primarily by the provisions of Act 513/1991 Coll. Commercial Code, unless the Seller and the Buyer agree in an individual case on a special regulation of mutual rights and obligations.

2. Ordering goods / purchase contract / acts for concluding a contract

2.1. The Seller’s offer of goods is made via the Internet on the domain hamsikwinery.com. Here, the Buyer has access to an environment that allows, in particular, browsing currently offered goods, searching for required items and ordering selected goods. The purchase of goods is realized in the form of issuing and sending an order by the Buyer in the Seller’s e-shop, provided that for the purchase contract to arise, the Buyer’s order must be confirmed (accepted) by the Seller. If the order is confirmed by the Seller according to the GTC procedure, the Seller will deliver the ordered goods within a reasonable delivery period. Before sending the order by the Buyer, they can familiarize themselves on the e-shop and in the GTC with information that the Seller is obliged to provide according to special regulations, in particular according to § 3 of Act No. 102/2014 Coll. This includes the following information:

– main properties of the goods stated to an extent appropriate to the means of communication used and the goods. (The description of these facts is located with each product item directly in the e-shop after clicking on each individual product item)

– business name and registered office or place of business of the seller or the person on whose behalf the seller acts. (The data is stated, for example, on the e-shop page in its top bar and also in the “Other contacts” section).

– the seller’s telephone number and other data important for the consumer’s contact with the seller, in particular the address of their email and fax number, if they have them, as well as the address where the consumer can file a complaint about goods, submit a complaint or other suggestion. (The data is stated on the e-shop page in its top bar and in the “Other contacts” section and the address where a complaint can be filed is stated in the GTC in the “Warranty, complaint conditions and complaint procedure” section).

– the total price of goods or services including value added tax and all other taxes. (The price of goods is stated including VAT for each individual product item. The costs of transporting goods to the customer are stated on the website hamsikwinery.com in the “Transport and payment” section.

– the price for using means of distance communication that can be used to conclude a contract, if it is a number with an increased tariff. (The website hamsikwinery.com states a telephone contact as a number with a standard tariff).

– payment conditions, delivery conditions, the deadline within which the seller undertakes to deliver the goods, information on procedures for asserting and processing complaints, complaints and suggestions from consumers. (The Seller delivers goods as a rule no later than within 14 days from confirmation of the order or payment of the purchase price. The Buyer pays for goods in advance by transfer to the Seller’s account or by payment card directly on the e-shop page. (Details are stated in these GTC in point 3 or 4)

– information on the consumer’s right to withdraw from the contract, the conditions, deadline and procedure for exercising the right to withdraw from the contract. (Stated in separate point 5 of these GTC. The GTC also includes a form that the Buyer can use to notify the Seller of withdrawal from the contract)

– information that if the consumer withdraws from the contract, they will bear the costs of returning the goods to the seller according to § 10 para. 3 of Act No. 102/2014 Coll., and if they withdraw from a distance contract, also the costs of returning goods that cannot be returned by post due to their nature. (Stated in separate point 5 of these GTC).

– the consumer’s obligation to pay the seller the price for the performance actually provided according to § 10 para. 5 of Act No. 102/2014 Coll., if the consumer withdraws from a service contract after giving the seller express consent according to § 4 para. 6 is not stated due to the fact that the Seller does not provide any services through the e-shop.

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

– instruction on the seller’s liability for defects in goods according to general regulations (Stated in separate point 6 of these GTC)

– information on the possibility and conditions for resolving disputes out of court through an alternative dispute resolution system, (Stated in separate point 6.7. of these GTC).

The Buyer expresses consent to these conditions by sending an order on the e-shop. It is possible to deviate from these conditions only by mutual written agreement between the Seller and the Buyer. At the same time, by sending the order, the Buyer acknowledges that this sending of the order is associated with their obligation to pay the purchase price of the ordered goods.

2.2. The Buyer views and selects goods by clicking on the displayed goods. With the goods, the Buyer selects data according to the published order information and by clicking on the icon showing the shopping cart adds the goods among the goods they intend to buy. The page also offers them to determine the number of specific products they can order. After displaying the shopping cart, the Buyer has the option to continue further with the purchase using the “Continue shopping” option or to choose the “Next” option. The Buyer always has the option to return to further shopping, modify the contents of the cart and also completely empty it. If they decide to purchase the goods selected by them, they click on the “Next” button.

The Buyer thus reaches the second step of the order marked as “Login”. In this step, the Buyer has the option to create a new customer account in the e-shop, if they already have one, they can register, which will shorten the following steps leading to the entry of contact and delivery data.

The third step of the order is the section called “Address”. In this step, the Buyer is obliged to fill in contact details to the extent of: Name, Surname, Telephone, Email, City or Municipality, Street and house number, Postal code and also the delivery and billing address of the Buyer. They still have the option to continue shopping or proceed to the next step.

This – fourth – step is the “Delivery” section. In this section, the Buyer is informed that the delivery of goods is carried out through a contractual partner – the courier company Slovenská Pošta and at the same time the exact price of transport and the expected delivery deadline are stated. At the same time, in this step, the Buyer is asked to study these GTC as well as to approve them as a prerequisite for a successful order, they are also provided with the opportunity to thoroughly familiarize themselves with the facts regarding the processing of personal data and their protection. In addition, they still have the option to return to shopping.

After familiarizing themselves with the method and deadline of delivery as well as after approving the GTC and familiarizing themselves with the principles of personal data processing, the Buyer can proceed to the step called “Payment”. Here, the Buyer has the option to go back and correct contact details or continue with their purchase or can choose the option “Order with payment obligation”. At the same time, the Buyer is informed about the possibility of payment by payment card (procedure in the “PayPal – pay via PayPal” section). For each of the stated options, it is also stated that the order is associated with a payment obligation.

The Buyer hereby acknowledges that the stated instruction “Order with payment obligation” is associated with the Buyer’s obligation to pay the purchase price valid at the time of the order for the goods.

2.3. The Buyer is obliged to provide complete, truthful and correct data necessary for timely and correct delivery of the ordered goods.

2.4. The Buyer’s order is considered sent if it is delivered to the Seller and if it contains all, especially in the “Address” section, required data.

2.5. The Buyer sends the order to the Seller via the e-shop. This order is the Buyer’s proposal to conclude a purchase contract under contractual conditions according to these GTC. The order is intended for the Seller to accept within 5 days of its delivery to the Seller. By sending the order to the Seller via the e-shop, the Buyer becomes bound by their order during this period and undertakes to purchase and take over the goods ordered by them at the purchase price stated at the time of sending the order on the e-shop, in accordance with the GTC conditions, all provided that the order is accepted by the Seller within the given period. The purchase contract is concluded only upon confirmation of the order by the Seller, which the Seller will send to the Buyer by email.

2.6. The Buyer – Consumer is entitled to withdraw from a distance contract, the subject of which is the delivery of goods, even before the start of the period for withdrawing from the contract.

2.7. A change in the order is exceptionally possible if the Seller will not be able to approve – accept the Buyer’s order in full, i.e., if any of the ordered items will not be available at the moment or within a reasonable time. The Buyer will in such a case be informed about this fact by email or by telephone. The Buyer is obliged to send a statement on the change of the order to the Seller within 3 days from the date of notification of the proposed change. During this time, available items from the Buyer’s order will be reserved. By approving the proposed change in the order, a contractual relationship arises between the parties. If the Buyer does not approve the change of the order within the stated period, the order is canceled in full upon the expiry of the stated period and the Seller’s proposal for its change is considered not accepted by the Buyer.

2.8. From the concluded purchase contract, the Seller’s obligation to hand over the subject of purchase to the Buyer and fulfill obligations according to the GTC arises. From the concluded contract, the Buyer’s obligation to take over the subject of purchase, pay the agreed price for it and fulfill obligations according to the contract and GTC arises. The Seller will fulfill the accepted order within a maximum of 14 days from the conclusion of the contract and payment of the purchase price (point 4.1. GTC), unless otherwise agreed with the Buyer.

The Buyer acquires ownership rights to the goods only after full payment of the entire purchase price for the goods.

2.9. If the Seller subsequently discovers a printing, supplier or other error regarding the goods (availability, quantity, delivery options, price or force majeure) regardless of whether it is before or after the conclusion of the contract, they immediately inform the Buyer about this fact. In such cases, the contracting parties are entitled before the conclusion of the contract to cancel their order (Buyer), or reject it (Seller). If the Seller discovers such an error after the conclusion of the contract, they are entitled to withdraw from the contract until the moment of delivery of goods to the Buyer. The Buyer also has the right to withdraw from the contract in the stated case.

2.10. The Buyer is also entitled to unilaterally withdraw from the contract in the period from the conclusion of the contract until the delivery of goods (§ 7 para. 5 of Act No. 102/2014 Coll.). The regulation of withdrawal from the contract by the Buyer after taking over the ordered goods is stated in separate point 5 of these GTC and in the relevant provisions of legal regulations.

2.11. The assignment of a claim from relations arising according to these GTC to a third party is not possible.

3. Purchase price, payment conditions

3.1. The Buyer is obliged to pay the Seller the purchase price for the goods and the price of transport according to the order accepted by the Seller (concluded contract). When creating an order, these items are stated separately and also as the sum of the price of goods and postage. The price of goods on the e-shop is stated with VAT.

3.2. The method of payment of the purchase price, costs of transporting goods to the Buyer is determined by transfer to the Seller’s account or by payment card. The Buyer is obliged to pay for goods by transfer to the Seller’s account or by payment card according to the procedure stated on the page (“PayPal – pay via PayPal” section), while acknowledging that payment of the purchase price and transport is a condition for sending the ordered goods to the Buyer.

3.3. The costs of using electronic means of communication are governed by the contract between the Buyer and their internet connection provider, or their electronic communication service provider.

3.4. The Seller will issue and deliver an invoice to the Buyer in accordance with valid regulations of the Slovak Republic. By sending the order, the Buyer agrees that the invoice will be sent to them together with the goods or made available to the Buyer electronically as an electronic invoice, which, however, represents a full replacement for a written invoice. The invoice sent together with the goods is simultaneously a delivery note and warranty card (if it is goods for which the Seller provides a warranty).

4. Delivery of goods, delivery conditions and costs of delivery of goods

4.1. The Seller will deliver the goods to the Buyer no later than within 14 days from the day the contract was concluded between the Seller and the Buyer according to these GTC, i.e., from the acceptance of the Buyer’s order by the Seller, but only provided that the purchase price is paid by the Buyer by transfer to the Seller’s account. The Seller will deliver the goods to the Buyer through the courier company Slovenská Pošta to the address specified by them when issuing the order and only to an address in the Slovak Republic. Delivery of goods to an address outside the territory of the Slovak Republic based on an order of goods from the address hamsikwinery.com is not possible. The goods deliverer is entitled to verify by appropriate means whether the receiving person is entitled to take over the goods.

The price for delivery of goods depends on the weight of the shipment and its amount is stated in a special section of the conditions under the name “Transport and payment”. This is delivery to the address specified by the Buyer, when the Buyer or a person demonstrably authorized by them takes over the delivered goods from the deliverer.

4.2. Release of goods to the Buyer is possible only if the receiving person is the Buyer or a person authorized by them, who confirms the takeover of goods to the deliverer. Otherwise, the deliverer is entitled not to release the goods and the Seller is not in delay with delivery of goods. The Buyer is obliged to take over the goods from the deliverer to the extent of the order accepted by the Seller. Ownership rights to the goods pass to the Buyer upon takeover of the goods.

4.3. The Seller is entitled to deliver goods also in several separate deliveries, provided that for such separate deliveries of goods, the transport price applies as when accepting the order, the Buyer pays the transport price only once for such divided delivery of goods.

4.4. When taking over the goods, the Buyer is obliged to check the integrity of the packaging and completeness of the delivery. In case of any obvious defects, the Buyer is obliged to report these immediately, no later than within 48 hours to the Seller. The Buyer is obliged to mark all obvious damage to the shipment and damage to the packaging when taking over the goods. By signing the takeover protocol, the Buyer confirms that the shipment was taken over intact. If the Buyer does not raise objections to non-delivery of goods and non-delivery of documents supplied with the goods within 48 hours from delivery of goods, based on confirmed delivery notes, it is assumed that the goods were delivered to the Buyer properly and on time, unless the Buyer proves otherwise.

4.5. The Buyer is obliged to report damage to goods to the Seller by email (office@hamsikcorp.com) or by telephone (0905 260 349) immediately. Subsequent complaints of mechanical damage to goods, detectable at its takeover, will not be recognized by the Seller.

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

5. Return of goods – withdrawal from the contract

5.1. Information on the Buyer’s right to withdraw from the contract.

The Buyer consumer has the right to withdraw from the contract without giving a reason within 14 days from takeover of the goods. If the goods from one order were delivered at the load of the Seller’s decision in several separate deliveries, the deadline for withdrawing from the contract expires after 14 days from the day when the Buyer or a person authorized by them took over the goods delivered as the last.

Withdrawal from the contract must be carried out in written form – by notification to the Seller. The deadline for withdrawing from the contract is considered met if the notification of withdrawal from the contract was sent to the Seller no later than on the last day of the above-mentioned 14-day period (§ 8 para. 2 of Act No. 102/2014 Coll.). The notification of withdrawal from the contract must contain the identification of the Buyer and also the goods. The notification of withdrawal from the contract must be personally signed by the Buyer and sent to the address HAMSIK Corporation, s.r.o., Zvolenská cesta 46, 974 05 Banská Bystrica.

For withdrawal from the contract, the Buyer may use a form that is an appendix to these general terms and conditions and which is also available for download on the website. In case of withdrawal from the contract using the form stated on the seller’s website and sent electronically, the Seller will immediately after receiving such notification confirm this fact to the Buyer.

By withdrawing from the contract, the Buyer’s right to return the purchase price paid by them for these goods including costs that the Buyer had in connection with ordering the goods arises. Payments that the Buyer paid to the Seller in connection with the contract from which they withdrew must be returned by the Seller to the Buyer no later than within 14 days from receipt of notification of withdrawal from the contract. The Seller is obliged to return the stated payments to the Buyer who is a consumer in the same way that the consumer used in their payment. This does not affect the Buyer’s right to agree with the Seller on another method of payment, but in connection with this, no additional fees will be charged to the Buyer.

In case of withdrawal from a contract, the subject of which is the sale of goods, the Seller is not obliged to return payments to the Buyer before the goods are delivered back to them or until the consumer proves sending the goods back to the Seller. This does not apply if the Seller proposes that they will pick up the goods personally or through a person authorized by them (§ 9 para. 5 of Act No. 102/2014 Coll.).

In case of withdrawal from the contract, the Buyer is obliged to send the goods to the Seller within 14 days from withdrawal from the contract. The stated deadline is met if on its last day the goods were handed over for transport. The costs of returning goods to the Seller are borne by the Buyer. The Seller points out that goods returned to the Seller “cash on delivery” will not be accepted by the Seller.

The returned goods must not be damaged or otherwise devalued and must be without signs of wear.

The Buyer is responsible for any reduction in the value of goods if they handled them in a different way than is necessary to determine the nature, characteristics and functionality of the goods.

The Buyer cannot withdraw from the contract in cases stated in cases in Section § 7 para. 6 of Act No. 102/2014 Coll.

5.2. If damaged goods obviously used beyond the scope of normal handling necessary to determine the properties and functionality of the goods are returned by the Buyer, the Seller has a claim against the Buyer for compensation for damage.

6. Warranty, complaint conditions and complaint procedure

6.1. The Seller issues, 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. Civil Code, a complaint procedure that regulates procedures for receiving and handling complaints of consumers – Buyers in connection with the purchase of goods via the Internet, through an e-shop located on the website – hamsikwinery.com

6.2. This complaint procedure is, in accordance with Section § 18 para. 1 of the consumer protection act, placed on the e-shop website of HAMSIK Corporation, s.r.o. – hamsikwinery.com not only as part of these GTC, but also separately

6.3. Liability for defects in goods

Immediately upon takeover of goods, the Buyer is obliged to check the integrity of the packaging and completeness of the delivery, in particular the number of packages. In case of any obvious defects found in connection with transport and goods, the Buyer is obliged to report these immediately, no later than within 48 hours to the Seller. The Buyer is obliged to mark all obvious damage to the shipment and damage to the packaging on the delivery document. If the transport packaging is equipped with the Seller’s or deliverer’s tape and this is damaged or other disruption of the shipment packaging is found and if the facts suggest that the shipment was opened without authorization, the Buyer is obliged not to take over the shipment from the deliverer. By signing the takeover protocol without stating disruption of the shipment, the Buyer confirms that the shipment was taken over intact. If the Buyer does not object to non-delivery of documents supplied with the goods within 48 hours from delivery of goods, the presumption of proper delivery of goods to the Buyer applies, unless the opposite is proved. The Buyer immediately reports damage to delivered goods to the Seller electronically or in another suitable way. Mechanical damage detectable at takeover of goods reported later will not be taken into account and such a complaint will not be recognized.

The Seller is responsible for the goods being without defects, having the quality, measure, quantity or weight described in the offer, ordered by the Buyer, or determined by legal regulations.

In accordance with the relevant legal provisions (civil code), the Seller is responsible for defects that the sold goods have at takeover by the Buyer and if it is not goods that spoil quickly, or used goods, the Seller is also responsible for defects that appear on the goods during the warranty period or shelf life.

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

Despite the above-mentioned Seller’s responsibility for the quality of goods, the Seller is not responsible for defects:

– if the Buyer caused the defect of goods themselves,

– if the Buyer knew about the defect of goods before takeover of goods, or was explicitly and clearly informed about the defect and if they were provided a discount from the price of goods precisely because of such a defect,

– if the goods are complained about by the Buyer after the expiry of the warranty period or other period within which it should retain its specific properties,

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

– if the Buyer did not store goods, which is wine or a similar product, in a way that is required to preserve its quality and health safety (cold, dark environment)

6.4. Warranty period

The warranty period or its length is governed by legal regulations. It begins to run from the day of takeover of goods by the Buyer, or from the day when the Buyer refuses without reason to accept the delivered goods. The Seller is obliged to issue a purchase document to the Buyer. The accounting document serves as a warranty card and also proof of the start of the warranty period. If goods are replaced, the warranty period begins to run again from takeover of new goods. The time from the assertion of the right from liability for defects until the time when the Buyer was obliged to take over the goods after completion of repair is not included in the warranty period. The Seller is obliged to issue to the Buyer a confirmation of when they asserted the right, as well as of the repair carried out and the duration of its completion.

When filing a complaint, the Seller is obliged to issue to the Buyer a confirmation of this assertion. If the complaint is filed electronically (e.g., by email), the Seller is obliged to deliver confirmation of receipt of the complaint to the Buyer immediately (by email); if it is not possible to deliver the confirmation immediately, it must be delivered without undue delay, but no later than together with the document on handling the complaint.

The Buyer expressly acknowledges that the minimum durability date of food is expressly not stated if it is spirits and other alcoholic beverages with an amount of alcohol of at least 10% volume percent of alcohol, wines, liqueur wines, sparkling wines, aromatized wines and similar products from other fruit than grapes and beverages that are obtained from grapes or grape must (Annex X of Regulation of the European Parliament and of the Council No. 1169/2011).

The Buyer also acknowledges that some products from the offer (archive wines) are stored by the Seller long-term in accordance with the requirements placed on the stated 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.

6.5. Assertion of rights from liability for defects

Rights from liability for defects are asserted:

– at email address office@hamsikcorp.com,

– at tel. no. 0905 260 349 or

– in writing by post at the Seller at the address HAMSIK Corporation, s.r.o., Zvolenská cesta 46, 974 05 Banská Bystrica.

The Buyer is obliged to assert the right from liability for defects no later than before the expiry of the warranty period and for goods that spoil quickly, no later than on the day following the purchase, otherwise the rights from liability for defects expire. The stated deadlines do not apply to complaints of incorrectly charged payment. The Buyer is obliged to complain about such payment immediately after purchase

When complaining about a defect by post, the Buyer is obliged to present the goods on which the defect appeared, a description of the defect, a copy of the purchase document (invoice), warranty card (if it was issued for the sold goods), and the Buyer’s contact details. A complaint can also be filed electronically with attached documents in the form of a scan. The Seller points out that complained goods returned to the Seller “cash on delivery” will not be accepted by the Seller.

6.6. Seller’s obligations in case of filing a complaint by the Buyer

If the Buyer asserts the right from liability for defects in person, the Seller or an employee authorized by them or a designated person is obliged to inform the Buyer about their rights, which are stated in this complaint procedure. When filing a complaint, the Seller is obliged to issue to the Buyer a confirmation of when they asserted the right from liability for defects.

Based on the Buyer’s decision on which of their rights they assert, the Seller is obliged to determine the method of handling the complaint (i.e., ending the complaint procedure by handing over the repaired product, replacing the product, returning the purchase price of the product, paying a reasonable discount from the price of the product, written request to take over the performance or its justified rejection), within the following deadlines:

1. a) immediately,
2. b) in complex cases within 3 working days from the day of filing the complaint,
3. c) in justified cases, in particular if a technical evaluation of the goods is necessary, no later than within 30 days from the day of filing the complaint.

If the Buyer filed a complaint about the product during the first 12 months from purchase, the Seller may handle the complaint by rejection only on the basis of an expert assessment; regardless of its result, it is not possible to demand from the Buyer payment of costs associated with this expert assessment or other costs related to the expert assessment.

If the Buyer filed a complaint about the product after 12 months from purchase and the Seller rejected it, they are obliged to state in the document on rejection of the complaint to whom the Buyer can send the goods for expert assessment. If the product is sent for expert assessment to a person designated by the Seller, all related reasonably incurred costs are borne by the Seller regardless of the result of the expert assessment. If the Buyer proves the Seller’s responsibility for the defect by expert assessment, they may file the complaint again; during the expert assessment, the warranty period does not run. The Seller is obliged to reimburse the Buyer within 14 days from the day of the re-filed complaint for all costs incurred for the expert assessment. A re-filed complaint cannot be rejected.

After determining the method of handling the complaint, the complaint is handled immediately, in justified cases the complaint may be handled later; however, handling the complaint must not take longer than 30 days from the day of filing the complaint. After the expiry of this deadline, the Buyer may withdraw from the contract or has the right to replace the product with a new product, regardless of the legitimacy of the complaint.

The Seller is obliged no later than within 30 days from the day of filing the complaint to issue to the Buyer a written document on handling the complaint. The Buyer acknowledges and agrees that the document on filing the complaint and handling the complaint will be delivered to the Buyer in accordance with legal regulations. At the end of the complaint procedure, based on the Seller’s request, the Buyer is obliged within 15 days to take over from the Seller the complained goods, if the complaint was handled in the form of repair, discount, replacement of goods (new goods) or rejection of the complaint. If the Buyer does not take over the goods even within 30 days after handling the complaint or within 30 days from the day of repeated delivery of goods to the buyer or does not take them over within the same period from sending the Seller’s request after the end of the complaint procedure to the contact address provided by the Buyer, the Seller is entitled in accordance with legal regulations to demand from the Buyer storage fees in the amount of €0.20/day of storage.

The Buyer’s claims in case of proper filing of a complaint are as follows:

– if it is a defect that can be removed, the Buyer has the right for it to be removed free of charge, in a timely and proper manner. The Seller is obliged to remove the defect without undue delay. Instead of removing the defect, the Buyer may request replacement of the item, or if the defect concerns only a component of the item, replacement of the component, if this does not cause the Seller disproportionate costs in relation to the value of the goods or the seriousness of the defect. However, the Seller may always replace a defective item with a defect-free one instead of removing the defect, if this does not cause the Buyer serious difficulties.

– if it is an unremovable defect, i.e., if the defective goods cannot be repaired; if the qualitative properties of goods of a food nature are demonstrably disrupted, although it is a removable defect, the Buyer cannot properly use the goods because, after repair, the same defect reappears, or if there are a larger number of defects, the Buyer has the right to replace the defective goods with goods without defects or to withdraw from the contract if the Buyer does not agree with the replacement of defective goods.

– if it is other unremovable defects that, however, do not prevent the goods from being used, the Buyer has the right to a reasonable discount from the price of the goods.

The provisions of this point do not apply to the Buyer who is not a consumer and purchases goods primarily for business purposes and not for personal consumption of natural persons. Liability for defects in goods and mutual relations of the Seller and the Buyer, who is not a consumer, are in this case governed primarily by the provisions of §422 et seq. of the Commercial Code. The Seller handles complaints of goods acquired by the Buyer-consumer through the seller’s e-shop in accordance with 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 Buyers can be addressed to the address of the Seller’s registered office and also electronically to office@hamsikcorp.com.

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 they are not satisfied with the resolution of their complaint or in case they claim that their rights were violated, the right to turn to the Seller with a request for remedy. They address this request to the email address office@hamsikcorp.com.

If the Seller rejects the Buyer’s request or does not respond to it within 30 days from its sending, the Buyer has the right to submit a proposal to start alternative dispute resolution to an alternative dispute resolution entity. Such entities are the bodies stated in Section § 3 para. 2 of Act No. 391/2015 Coll. and authorized legal entities registered in the list according to Section § 5 para. 2 of cited Act 391/2015 Coll. The requirements of such a proposal are stated in Section § 2 of Act 391/2015 Coll.

In accordance with Regulation of the European Parliament and of the Council No. 524/2013, a so-called ODR platform (online dispute resolution) is established. On this platform, the Buyer – consumer can file a complaint online. This platform is available online in the Slovak language version 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. can only resolve disputes arising from distance contracts, and their value must exceed the amount of €20. In connection with such a dispute, the alternative dispute resolution entity is entitled to demand from the Buyer payment of a fee for starting such dispute resolution at a maximum of €5 including VAT.

7. Protection of personal data

The Seller, in carrying out their business activities and operating the website hamsikwinery.com including the e-shop placed on it, processes personal data of Buyers as so-called data subjects. Personal data is processed in accordance with Regulation of the European Parliament and of the Council EU No. 2016/679 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (GDPR) and Act No. 18/2018 Coll. on the protection of personal data.

8. Final provisions

8.1. The Seller is entitled to store and archive mutual documentation and the contract in electronic form. The Buyer has the right to reproduce essential elements of the contract in electronic form in accordance with legal regulations.

The contract is concluded for a period until the settlement of mutual obligations of the parties arising from the concluded contract on the web interface hamsikwinery.com, or for a period until the moment of its cancellation by withdrawal from it or based on an agreement.

8.2. For delivery of electronic messages addressed to the Buyer, it is assumed that the message was delivered on the second day from its sending, unless the addressee proves otherwise. For delivery of electronic messages addressed to the Seller, it applies that the message is considered undelivered until confirmation of its receipt by the Seller.

8.3. If it is proved that any of the provisions of these GTC or the contract is invalid or ineffective, such invalidity or ineffectiveness does not result in the invalidity or ineffectiveness of the entire GTC or contract. In such a case, the contracting parties undertake to replace such an invalid or ineffective provision with a new one so that the purpose pursued by the relevant invalid or ineffective provision at the time of its adoption, or at the time of conclusion of such a contract, is preserved.

8.4. These General Terms and Conditions are valid and binding for the contracting parties from the date of their publication on the Seller’s website (hamsikwinery.com). They can also be viewed at the Seller’s registered office. The Seller reserves the right to change the GTC unilaterally even without prior notice. Changes take effect upon their publication on the Seller’s website hamsikwinery.com, provided that already concluded contracts are always subject to the GTC valid at the time of conclusion of the purchase contract.

8.5. Supervision over compliance with the provisions of Act No. 22/2004 Coll. on electronic commerce as amended, Act No. 250/2007 Coll. on consumer protection and provisions of Act No. 102/2014 Coll. on consumer protection in the sale of goods or provision of services based on a distance contract or a contract concluded outside the Seller’s business premises is carried out by:

Slovak Trade Inspection (SOI), SOI Inspectorate for Banská Bystrica Region, Dolná 46, 974 00 Banská Bystrica 1, Supervision Department, tel. no.: 048/412 49 69, 048/415 18 71, 048/415 18 73

These General Terms and Conditions are valid and effective from 01.09.2023 and cancel previous versions of the GTC.