Terms & Conditions
I. Introductory Provisions
1.1 These General Terms and Conditions (hereinafter referred to as "GTC") regulate the rights and obligations of the civic association Vajnorský vinohradnícky spolok, with registered office at Pod lipami 1, 83107 Bratislava, ID No.: 48 46 03 97, registered under Reg. VVS/1-900/90-21942, (hereinafter referred to as the "Seller") and the Buyer (hereinafter referred to as the "Buyer") in the purchase of goods offered by the Seller through the electronic shop on the Seller's website eshop.viavitis.sk (hereinafter referred to as "viavitis.sk") and are an integral part of the purchase contract concluded between the Buyer and the Seller remotely through the electronic shop on the Internet (hereinafter referred to as the "Purchase Contract").
1.2 All relations between the Buyer and the Seller, which are not regulated by these GTC, are governed by the relevant provisions of Act No. 513/1991 Coll. of the Commercial Code, as amended. If the Buyer is a consumer within the meaning of Section 52(3) of Act No. 40/1964 Coll. of the Civil Code, as amended, relations not governed by these GTC shall be governed by the relevant provisions of Act No. 40/1964 Coll. of the Civil Code, as amended.
1.3 Rights of the Buyer who is a consumer arising from Act No. 250/2007 Coll. on consumer protection as amended and Act No. 102/2014 Coll. on consumer protection in the sale of goods or provision of services under a distance contract or a contract concluded away from the seller's premises and on amendment and supplementation of certain acts, as amended, remain unaffected by these GTC.
2.1 The Buyer is understood to be a natural person or a legal person who orders goods electronically via the e-shop at viavitis.sk.
2.2 An electronic order is understood as an electronic form sent containing information about the Buyer, a list of ordered goods from the offer of the e-shop at viavitis.sk and the total price of these goods, processed by the e-shop system. The submitted order is a draft of the Purchase Contract. The Purchase Contract is created by the confirmation of the order by the Seller via e-mail. By sending an electronic order, the Buyer obligatorily confirms that he/she has read these GTC and that he/she agrees with them. By sending an electronic order, the Buyer accepts all provisions of the GTC and the Consumer Complaints Regulations as in force on the date of sending the order, as well as the valid price of the ordered goods listed on viavitis.sk.
2.3 The Goods shall be understood as all products listed on viavitis.sk.
III. Ordering goods and cancelling an order
3.1 The Buyer may place an order for goods with the Seller via the viavitis.sk online shop or by telephone.
3.2 An accepted electronic order shall be considered as a draft Purchase Agreement and shall be binding.
3.3 The Purchase Contract between the Seller and the Buyer shall arise on the basis of a binding confirmation of the electronic order by the Seller via electronic mail. The Seller shall be bound by the offer within 21 days of the order confirmation.
3.4 A condition for the validity of the order is the completion of all mandatory marked data in the order form.
3.5 The Buyer has the right to cancel the electronic order without giving any reason at any time before its binding confirmation by the Seller by sending an e-mail to firstname.lastname@example.org. In the cancellation request, the Buyer shall indicate the order number. The Seller shall confirm the cancellation of the order to the Buyer.
3.6 The Seller reserves the right to cancel the order or part of it in the following cases:
(a) in the event of incomplete or incorrect completion of the order form by the Buyer.
b) due to the Seller being out of stock or the Supplier being unable to deliver the Goods to the Buyer within the time specified in these GTC. In the event that this situation arises, the Seller shall immediately contact the Buyer in order to agree on the next course of action. If the Buyer has already paid part or all of the purchase price, this amount will be transferred back to the Buyer's account within 7 calendar days.
IV. Delivery of goods
4.1 Delivery of the Goods shall be deemed to have been taken over by the Buyer. The method of delivery of the goods is specified on www. viavitis.sk in the section "Payment terms and transport".
4.2 The ordered goods will be sent as soon as possible by the carrier to the name and address of the Buyer within a period of no later than 14 days from the confirmation of receipt of the order by the Buyer, depending on the availability of the goods in stock (stock availability and the date of shipment is indicated for each good).
4.3 The Buyer will be notified by email of the delivery date. The Seller reserves the right to change the delivery date. Such change shall be notified to the Buyer by email without delay and the Buyer shall have the right to withdraw from the Purchase Contract. However, withdrawal from the Purchase Contract must be notified to the Seller without delay by email to email@example.com
4.4 Title to the Goods shall not pass to the Buyer until the Purchase Price has been paid in full.
V. Prices, payment terms and method of payment
5.1 The prices listed on the viavitis.sk website are valid at the time of ordering the goods. Prices do not include postage and shipping costs. We use the services of the Slovak Post and the carrier Geis when sending the goods. The amount of postage/shipping is as follows:
a) in case of purchase up to 100 € the postage is 5,00 €,
b) in the case of a purchase over 100 €, the shipping is free of charge,
5.2 After the order has been placed, an order confirmation will be sent to the Buyer's e-mail, together with the necessary details for payment. The tax document - invoice will be sent together with the ordered goods.
5.3 The Buyer shall make payment by one of the following methods:
a) Cash on delivery - in this payment method the Buyer pays the full amount for the goods specified in the electronic order upon receipt from the postal carrier. The price of cash on delivery for a parcel is 0,50 €.
b) payment by card - in this payment method the buyer pays the full amount for the goods specified in the electronic order in advance via the Besteron payment gateway.
c) payment by wire transfer - in this method of payment, the Buyer is sent the goods by post after payment and crediting the full amount of the goods specified in the electronic order to the Seller's account held at Slovenska sporiteľna a.s., account number: 5028641558/0900, variable symbol: your electronic order number.
d) payment in cash upon receipt of the goods at the Seller's registered office.
VI. Return/exchange of goods
6.1 Pursuant to § 7 of Act 102/2014 Coll. goods purchased on viavitis.sk can be returned or exchanged for their size without giving any reason within 14 working days of receipt.
6.2 The Buyer's notice of withdrawal from the Purchase Contract or the request to exchange the size of the goods must be delivered to the Seller by e-mail to firstname.lastname@example.org by the end of the withdrawal period and at the same time the complete goods must be duly returned to the Seller in their original condition and with all the documents and documentation that have been delivered to the Buyer. The Goods must be returned in their original condition, with tags, unworn, undamaged and without signs of use.
6.4 The Buyer shall bear the shipping costs for the return of the goods. The Seller is not obliged to accept goods returned by cash on delivery.
6.5 The price for the returned goods (not postage) shall be refunded to the Buyer immediately after inspection of the returned goods within 14 days of withdrawal from the Purchase Contract by bank transfer.
6.6 If any of the above conditions are not met, the Seller will not accept the withdrawal from the Purchase Contract or the request for replacement of the goods and they will be returned at the Buyer's expense.
VII. Liability for defects in the goods
7.1 The warranty conditions between the Seller and the Buyer as a consumer shall be governed by the provisions of Act No. 40/1964 Coll. of the Civil Code, as amended.
7.2 Otherwise, the Seller's liability for defects in the Goods shall be governed by the provisions of Act No. 513/1991 Coll. of the Commercial Code, as amended.
7.3 Claims and complaints shall be made at the address of the Seller's registered office.
7.4 The Buyer declares that through the Seller's website (in particular the section "Symbols for maintenance and care of textiles") it has been thoroughly informed about the method of use, maintenance and the dangers arising from improper use or maintenance of the Product.
IX. Alternative Dispute Resolution
9.1 The Consumer has the right to contact the Seller with a request for redress (e.g. by sending an email as indicated in the contacts) if he is not satisfied with the manner in which the Seller has handled his complaint or if he believes that the Seller has violated his rights. If the Seller responds to this request in a negative manner or fails to respond within 30 days of sending it, the consumer has the right to submit a proposal for the initiation of an alternative dispute resolution to an alternative dispute resolution entity (hereinafter ADR entity) pursuant to Act 391/2015 Coll. ADR entities are authorities and authorised legal persons pursuant to §3 of Act 391/2015 Coll. The consumer may submit a proposal in the manner determined pursuant to §12 of Act 391/2015 Coll. The list of ADR entities can be found on the website of the Ministry of Economy of the Slovak Republic www.mhsr.sk.
9.2 Alternative Dispute Resolution may only be used by a consumer - a natural person who does not act within the scope of his/her business, employment or profession when concluding and performing a consumer contract. Alternative dispute resolution applies only to a dispute between a consumer and a seller arising out of or relating to a consumer contract. Alternative Dispute Resolution applies only to distance contracts. Alternative dispute resolution does not apply to disputes where the value of the dispute is less than EUR 20. The ADR entity may require the consumer to pay a fee for the initiation of ADR up to a maximum of EUR 5 including VAT.
9.3 The consumer may also lodge a complaint through the platform, which is available online at http://ec.europa.eu/consumers/odr/index_en.htm.
9.4 The consumer shall submit a request for ADR in writing or electronically in the event of a purchase, complaint or withdrawal from a purchase contract. This applies to purchases of at least EUR 20.
9.5 ADR entities in Slovakia are:
- SOI - Slovak Trade Inspection
- Office for Regulation of Network Industries (relating to electricity, gas, heat or water supply),
- the Office for the Regulation of Electronic Communications and Postal Services (concerning public utilities and postal services),
- a private company licensed by the State to carry out (a so-called authorised legal entity, registered in the list - http://www.economy.gov.sk/zoznam-subjektov-alternativneho-riesenia-spotrebitelskych-sporov/146987s)
9.6 The consumer can also use an online form to lodge a complaint. This service is provided by the European Union and is available at - https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=SK. This online complaint service is called the RSO platform (RSO = online dispute resolution).
9.7 There is a maximum fee of EUR 5, including VAT, payable by the applicant (consumer).
9.8 Alternative dispute resolution should not take longer than 90 days and results in either an agreement between the parties or an opinion of the ADR entity, which is not binding on the business. The entrepreneur is obliged to cooperate in the ADR process. A breach of this obligation is punishable by a fine of between EUR 500 and EUR 10 000.
9.9 The issue of ADR is regulated by Act No. 391/2015 Coll., the Act on Alternative Dispute Resolution for Consumer Disputes, which provides more information.
X. Final provisions
10.1 These GTC have been updated on 30.10.2022. The Seller reserves the right to change these GTC.