Article I.

Introductory provisions

1.1 The company HAMSIK Corporation, s.r.o., with registered office Zvolenská cesta 46, 974 05 Banská Bystrica, ID number: 51581213, VAT number: SK2120736376, registered in the Commercial Register of the District Court of Banská Bystrica in Departments Sro, in insert number 34026/S (hereinafter referred to as “Seller “), issues in accordance with sec. § 18 of Act no. 250/2007 Coll. on consumer protection and with the provisions of §§ 612 – 627 of Act no. 40/1964 Coll. The Civil Code, this complaints procedure, which regulates the procedures for receiving and processing complaints from consumers (hereinafter referred to as “Buyers”) in connection with the purchase of goods via the Internet, through the e-shop located on the website hamsikwinery.com.

1.2 This complaint procedure is in accordance with sec. § 18 par. 1 of the Act on Consumer Protection located on the website of the e-shop of HAMSIK Corporation, s.r.o. – hamsikwinery.com and also forms part of the Seller’s general terms and conditions (Article 6 GTC).

Article II.

Liability for product defects

2.1 Immediately upon receiving the goods, the Buyer is obliged to check the integrity of the packaging and the completeness of the delivery, especially the number of packages. In case of any obvious defects detected in connection with the transport and the goods, the Buyer is obliged to notify the carrier and HAMSIK Corporation, s.r.o. without delay, no later than within 48 hours. The buyer is obliged to indicate all obvious damage to the shipment and damage to the packaging on the delivery receipt. If the transport package is equipped with the Seller’s or the carrier’s tape and it is damaged or other damage to the package of the shipment is detected, and if the facts indicate that the shipment was opened illegally, the Buyer is obliged not to accept the shipment from the carrier/delivery person. By signing the acceptance protocol without mentioning the damage to the shipment, the Buyer confirms that the shipment was received intact. If the Buyer does not complain about the non-delivery of the documents supplied with the goods within 48 hours from the delivery of the goods, the assumption of proper delivery of the goods to the Buyer applies, unless the contrary is proven. Damage to the delivered goods shall be immediately notified by the Buyer to the Seller electronically or in another suitable way. Later reported mechanical damage detectable upon receipt of the goods will not be taken into account and such a claim will not be recognized.

2.2 The seller is responsible for the fact that the goods are without defects, have the order described by the buyer in the offer, or quality, measure, quantity or weight determined by legal regulations.

2.3 Pursuant to the relevant legal provisions (Civil Code), the Seller is responsible for defects in the sold goods upon receipt by the Buyer, and if they are not perishable items or used items, the Seller is also responsible for defects that occur on the goods in warranty period or period of consumption.

2.4 It is not possible to consider a change in the goods that occurred during the warranty period as a result of wear, improper storage, use, and/or improper intervention as a defect.

2.5 Despite the provisions of point 2.3. The seller is not responsible for defects:

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

– if the Buyer knew about the defect in the goods before taking over the goods, or was explicitly and clearly notified of the defect and if he was given a discount on the price of the goods precisely because of such a defect,

– if the goods are claimed by the Buyer after the expiration of the warranty period or another period within which it should retain its specific properties,

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

– if the Buyer did not store the goods, which are wine or a similar product, in the conditions necessary to preserve its quality and safety (cold, dark environment).

Article III.

Warranty

3.1 Length of warranty period

a) Warranty period, or is length is governed by the relevant legal regulations. The warranty period begins on the day of receipt of the goods by the Buyer, or the day when the Buyer unreasonably refuses to accept the delivered goods.. The Buyer explicitly acknowledges that the minimum shelf life of food is not explicitly stated in the case of spirits and other alcoholic beverages with an alcohol content of at least 10% vol., all types of grape wines and fruit wines, including dessert and flavored and carbonated and similar drinks made from fruit and grapes. (Proclamation No. 127/2012 Coll.).
The buyer also acknowledges that some products from the offer (archival wines) are stored by the Seller for a long time in accordance with the requirements for the mentioned type of products, but due to the age of these products, it is possible to assume their taste and sensory properties, but it is not possible to guarantee these .

b) The Seller is obliged to issue a proof of purchase of the goods to the Buyer. The accounting document serves as a warranty certificate and at the same time as proof of the start of the warranty period.
3.2 Beginning of the warranty period

a) Warranty periods start from the time the Buyer takes over the goods.
b) If the goods are exchanged, the warranty period starts again from the receipt of the new goods.
c) The period from the exercise of the right from liability for defects to the time when the Buyer was obliged to take over the goods after the repair is completed is not included in the warranty period. The Seller is obliged to give the Buyer a confirmation of when he exercised the right, as well as of the repair and its duration.
3.3 The Seller is obliged to issue a confirmation of this claim to the Buyer when making a claim. If the claim is made electronically (e.g. by e-mail), the Seller is obliged to deliver the confirmation of the claim to the Buyer immediately (by e-mail); if it is not possible to deliver the confirmation immediately, it must be delivered without undue delay, but at the latest together with a document on the completion of the claim.

Article IV.

Exercising rights from liability for defects

4.1 Rights from liability for defects apply:

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

at the e-mail address office@hamsikcorp.sk or

– on tel. no. 0905 260 349.

4.2 The buyer is obliged to exercise the right of liability for defects

a) by the end of the warranty period at the latest,
b) for perishable goods, no later than the day following purchase,
otherwise, rights from liability for defects expire. The stated deadlines do not apply to the claim of an incorrectly charged payment. The Buyer is obliged to claim such payment immediately after the purchase.

4.3 When claiming a defect by mail, the Buyer is obliged to submit the goods on which the defect occurred, a description of the defect, a copy of the purchase document (invoice), a warranty certificate (if one was issued for the sold goods), and the Buyer’s contact information. The complaint can also be submitted electronically with attached documents in the form of a scan. The Seller warns that the claimed goods returned to the Seller “on delivery” will not be accepted by the Seller.

Article V.

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

5.1 Acceptance of the complaint.

If the Buyer applies the right from liability for defects personally, the Seller or an employee authorized by him or a designated person are obliged to instruct the Buyer about his rights, which are stated in this complaint procedure. When making a claim, the Seller is obliged to issue the Buyer with a confirmation of when he applied the right from liability for defects.

5.2

The method of handling the complaint.

Based on the Buyer’s decision, which he exercises from his rights, the Seller is obliged to determine the method of handling the claim (i.e. ending the claim procedure by handing over the repaired product, exchanging the product, returning the purchase price of the product, paying an appropriate discount from the price of the product, a written invitation to take over performance or its justified rejection), within the following periods:

a) immediately,
b) in complex cases, within 3 working days from the date of application of the claim,
c) in justified cases, especially if a technical evaluation of the goods is necessary, no later than 30 days from the date of application of the claim.
5.3

Rejection of the claim.

If the Buyer made a complaint about the product within the first 12 months from the purchase, the Seller can handle the complaint by rejecting it only on the basis of a professional assessment; regardless of its result, it is not possible to ask the Buyer to pay the costs associated with this professional assessment or other costs related to the professional assessment.

If the Buyer made a complaint about the product after 12 months from the purchase and the Seller rejected it, he is obliged to indicate in the claim rejection document to whom the Buyer can send the goods for expert assessment. If the product is sent for expert assessment by the Seller to a person designated by the Seller, the Seller shall bear all related costs, regardless of the result of the expert assessment. If the Buyer proves the Seller’s responsibility for the defect through a professional assessment, he can apply the claim again; the warranty period does not expire during the performance of the expert assessment. The Seller is obliged to reimburse the Buyer within 14 days from the date of the renewed claim for all costs incurred for the expert assessment. A renewed claim cannot be rejected.

5.4

Complaint processing.

After determining the method of processing the claim, the claim is processed immediately, in justified cases the claim can be processed later; however, processing of the claim may not take longer than 30 days from the date of application of the claim. After the expiration 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 validity of the complaint.

The Seller is obliged to provide the Buyer with a written document confirming the completion of the claim no later than 30 days after the date of application of the claim.

Article VI.

Claims of the Buyer in the event of a proper claim

6.1 Removable defects in goods.

a) if it is a defect that can be removed, the Buyer has the right to have it removed free of charge, on time and properly. The seller is obliged to remove the defect without undue delay.
b) Instead of removing the defect, the Buyer may request the replacement of the item, or if the defect concerns only a part of the item, the replacement of the part, if this does not result in unreasonable costs for the Seller considering the value of the goods or the severity of the defect.
c) However, the Seller can always replace the defective item with a flawless one instead of removing the defect, if this does not cause serious difficulties for the Buyer.
6.2 Irremovable defects in goods.

a) Defects are considered irreparable,
– if the defective goods cannot be repaired; if the qualitative properties of the food product are demonstrably impaired, the defect can be removed, but the Buyer cannot use the goods properly because the same defect will occur again after the repair,

– if there is a larger number of defects

b) If it is a defect that cannot be removed and which prevents the thing from being properly used as a thing without a defect, the Buyer is entitled to exchange the defective goods for goods without defects or to withdraw from the contract if the Buyer does not agree to the exchange of the defective goods .
c) If there are other non-removable defects that do not prevent the goods from being used, the Buyer has the right to a reasonable discount on the price of the goods.
The provisions of this point do not apply to the Buyer who is not a consumer and purchases goods mainly for the purpose of doing business and not for the purpose of personal consumption by natural persons. Liability for product defects in this case is governed by the provisions of §422 et seq. Commercial Code. The seller processes complaints about goods purchased by the buyer – consumer through the seller’s e-shop in accordance with the legal regulations of the Slovak Republic, in particular Act no. 250/2007 Coll. as amended, the Civil Code of the Slovak Republic and applicable legal regulations.

Other complaints and suggestions of Buyers can be addressed to the address of the Seller’s headquarters 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 the event that he is not satisfied with the resolution of his complaint or in the event that he claims that his rights have been violated, the right to contact the Seller with a request for redress. 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 initiate alternative dispute resolution with the alternative dispute resolution entity. Such entities are the authorities listed in section § 3 par. 2 of Act no. 391/2015 Coll. and authorized legal entities entered in the list according to sec. § 5 par. 2 quote of 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 Council no. 524/2013, the so-called the RSO (dispute resolution online) platform. On this platform, the 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 according to Act no. 391/2015 Coll. only disputes resulting from contracts concluded at a distance can be resolved, while their value must exceed the amount of EUR 20. In connection with such a dispute, the subject of alternative dispute resolution is entitled to demand from the Buyer payment of a fee for initiating such dispute resolution in the maximum amount of EUR 5 including VAT.

Article VII.

Final provision

7.1 This complaint procedure becomes valid and effective on September 1, 2023.