1. General Provisions
1.1 These General Terms and Conditions (hereinafter referred to as the „Terms and Conditions“) govern the rights and obligations of the Contracting Parties in connection with the Consumer Contract, concluded between the Trader: VÍNO OD FRANCÚZA s.r.o., with its registered office at 66, 962 65 Devičie, ID No.: 51 118 874, registered in the Commercial Register of the District Court of Banská Bystrica, Section: Sro, Insert No.: 32773/S (hereinafter referred to as the „Trader“), and the Buyer, who is a Consumer, the subject matter of which is the purchase and sale of goods through the online store available on the Trader´s website.
Trader´s contact details:
VÍNO OD FRANCÚZA s.r.o.
66, 962 65 Devičie
Company ID No.: 51 118 874
Tax ID No.: 2120600812
VAT ID No.: SK2120600812
IBAN: SK88 0900 0000 0051 9042 3508
company registered in the Commercial Register of the District Court of Banská Bystrica, Section: Sro, Insert No.: 32773/S
Contact Andrej Konkoľ
Supervisory authority:
SLOVENSKÁ OBCHODNÁ INŠPEKCIA /SLOVAK TRADE INSPECTION/
Inšpektorát SOI pre Banskobystrický kraj /The Inspectorate of the Slovak Trade Inspection for the Banská Bystrica Region/
Dolná 179/46, 974 01 Banská Bystrica
Under these Terms and Conditions, the Consumer is a Buyer who, for the purposes of these Terms and Conditions, is a natural person who, in connection with the Consumer Contract, obligations arising from it, or a commercial practice, does not act within the scope of their business activities or profession. Under these Terms and Conditions, the Trader means the seller.
1.2 When placing an order, the Consumer shall enter their name, surname, postal and billing address, telephone number and e-mail address.
1.3 The Terms and Conditions form an integral part of the Consumer Contract. If the Trader and the Consumer conclude a written Consumer Contract containing terms that differ from these Terms and Conditions, the provisions of the Consumer Contract shall prevail.
2. Conclusion of the Consumer Contract
2.1 The Consumer Contract shall be concluded upon the Trader´s binding acceptance of the Consumer´s proposal to enter into the Consumer Contract, submitted by means of the order form completed and submitted by the Consumer via the Trader´s website at www. vinoodfrancuza.sk (hereinafter referred to as the „Order“). All prices for goods and services, as well as all charges displayed in the online store, are stated in EUR and include VAT. A precondition for the conclusion of the Consumer Contract is that all information and requirements requested by the ordering process are completed truthfully and in full.
2.2 The Trader´s binding acceptance of the Consumer´s Order shall be effected by sending the Consumer an email confirming the acceptance of the Order (the “Order Confirmation”), following the receipt of the Order and verification of the availability of the goods, the applicable prices, and the expected delivery date requested by the Consumer. If the Trader determines that the price of goods is higher than the price stated in the Order, the Trader shall, before confirming the Order, request the Consumer´s consent to the revised price in accordance with the current price list. The contractual relationship shall be concluded upon the Consumer´s consent to the revised price, followed by the Trader´s confirmation of the Order. All prices for goods and services, as well as all charges displayed in the online shop, include VAT.
2.3 The binding acceptance of the Order contains, in particular, the name and specification of the goods subject to the Consumer Contract, the price of the goods and/or other services, the delivery date, the place of delivery, the price, conditions, method and date of the transport of the goods to the place agreed with the Consumer, information about the Trader (business name, registered office, ID No., registration number in the Commercial Register etc.), and other information, if applicable.
2.4 In the event of an error in the Order placed, the Consumer can contact the Trader by telephone or e-mail (the contact details can be found at the beginning of these Terms and Conditions).
2.5 The Consumer may deliver a notice cancelling the Order to the Trader by e-mail or telephone within 24 hours from the delivery of the Order, provided that a valid contract has not yet been concluded pursuant to the Art. 2. This provision shall not affect the Consumer´s right to withdraw from the Contract (if it has already been concluded), the subject matter of which is the delivery of goods, even before the withdrawal period begins to run. The Consumer is obligated to include his name, e-mail and the description of the goods ordered in the notice of cancellation. In the event that the Consumer has paid the Purchase Price or any part thereof to the Trader before cancelling the Order, the Trader shall refund the Purchase Price already paid or a part thereof within 14 days from the cancellation of the Order, using the same payment method as the Consumer used for his original payment.
2.6 Pursuant to Act No. 222/2004 Coll. on Value Added Tax, the data stated in an already issued tax document (invoice) may not be changed. The details stated in the tax document (invoice) may only be changed if the Consumer has not yet received the goods and paid for them.
2.7 In the event of ongoing campaigns, the sale of goods presented on the Trader´s website shall be governed by the binding terms and conditions of the particular campaign, in addition to these Terms and Conditions. If the Consumer orders goods contrary to the terms and conditions of the particular campaign, the Trader shall be entitled to cancel the Consumer´s Order. The Consumer shall be informed of the cancellation of the Order by e-mail, and if he has already paid the Purchase Price or a part thereof, the funds shall be refunded within 14 days to the account specified by him, unless otherwise agreed with the Trader.
3. Rights and Obligations of the Trader
3.1 The Trader shall be obligated to:
3.1.1 deliver the goods to the Consumer in the agreed quantity, quality and delivery period on the basis of the Order confirmed by the Trader and to pack or prepare the goods for transport in a way that preserves and protects the goods,
3.1.2 ensure that the delivered goods comply with the applicable legal regulations of the Slovak Republic,
3.1.3 provide the Consumer with all documents in paper or electronic form, which are required for the receipt and use of the goods as well as other documents required by the applicable legal regulations (instructions for use in the Slovak language, tax invoice) no later than upon delivery of the goods,
3.1.4 sell and provide products for the agreed price and charges, charge prices and fees correctly in connection with the sale and provision of the goods, and to provide the Consumer with a receipt confirming payment of the price,
3.1.5 demonstrate or check the goods in front of the Consumer before the conclusion of the Contract, if the nature of the goods allows it and the Consumer requests it,
3.1.6 to enable the Consumer to check the weight or quantity of the goods sold by weight or quantity,
3.1.7 to provide the Consumer with all information and documents in the Slovak language or, with the Consumer´s consent, in another language understandable for the Consumer and in the form specified by the applicable legal regulation, specified in the Contract or upon request of the Consumer and, without additional costs for the Consumer, in an accessible form for the Consumer in terms of an international agreement binding on the Slovak Republic; the option of simultaneous use of other languages, designations, graphic symbols and pictograms shall not be affected thereby,
3.1.8 observe the principle of equal treatment towards the Consumer in the sale or provision of the product and provide the Consumer with the service safely and with due professional care,
3.1.9 provide the Consumer with a written confirmation of a claim regarding a service and the period within which the defect will be remedied, which must not exceed 30 days from the date of the notification of the defect in the service, immediately upon Consumer´s notification of the defect,
3.1.10 notify the Consumer of the grounds for disclaiming liability for defects in the service in writing if the Trader disclaims liability for defects in the service,
3.1.11 round the amount paid in cash for goods upon withdrawal from the Contract.
3.2 The Trader is entitled to receive the Purchase Price duly and on time from the Consumer for the delivered goods.
3.3 The Trader is entitled to cancel the Order prior to the binding acceptance of the Order if he is not able to deliver the goods to the Consumer within the delivery period specified in these Terms and Conditions or at the price stated in the online store due to stock depletion or unavailability of the goods, unless substitute performance is agreed upon with the Consumer. The Consumer shall be informed of the cancellation of the Order by e-mail, SMS or written notice.
4. Rights and Obligations of the Consumer
4.1 The Consumer shall be obligated to:
4.1.1 take delivery of the purchased or ordered goods,
4.1.2 pay the agreed Purchase Price to the Trader within the agreed payment term, including any delivery charges,
4.1.3 refrain from damaging the Trader´s reputation,
4.1.4 confirm the receipt of the goods with his signature or the signature of a person authorized by him on the delivery note.
4.2 The Consumer shall have the right to the delivery of the goods in the quantity, quality, date and place agreed upon by the Contracting Parties in the binding acceptance of the Order.
4.3 The Consumer shall have the right to:
4.3.1 the protection of their health, safety and economic interests,
4.3.2 information to the extent and under the conditions set out by this Act and legally binding acts of the European Union,
4.3.3 exercise rights arising from liability for defects in the product,
4.3.4 file a claim to the consumer protection supervisory authority pursuant to § 26 of the Act if the Consumer believes that their rights or legally protected interests have been violated,
4.3.5 appropriate financial compensation from the person who violated the rights of the Consumer or consumer protection obligations, provided that the Consumer successfully asserts the violation of the consumer protection right or obligation before the court; when determining the amount of appropriate financial compensation, the court shall also take into account, in particular, the nature, seriousness, manner, extent, consequences, duration and circumstances of the violation of the Consumer´s right or the consumer protection obligation.
5. Delivery and Payment Terms
5.1 The Trader shall provide transport only within the territory of the Slovak Republic. If the Consumer wishes to have the goods sent abroad, such delivery will not be provided. In all cases, any contractual relationship involving a foreign Consumer shall be governed by Slovak law and, in the event of a dispute, the competent court in the Slovak Republic shall have the subject-matter and territorial jurisdiction.
5.2 The Trader provides for the delivery of the goods to the Consumer through a delivery service provider (courier).
5.3 The Trader undertakes to deliver the ordered goods to the Buyer within a reasonable period (hereinafter referred to as the „Delivery Period“). Orders confirmed by the Trader shall be delivered according to Trader´s operational capacity, generally within 3 to 5 business days from the binding Order confirmation; in justified cases the delivery period may be extended. In exceptional cases, the Trader may extend the delivery period unilaterally, on one or more occasions. The Trader reserves the right to extend the delivery period in cases of force majeure or where the delivery within the standard delivery period is not possible due to objective reasons. Should the delivery period be changed, the Trader shall inform the Consumer of this fact by e-mail or SMS. The Consumer shall be notified by e-mail and/or SMS once the goods have been dispatched.
5.4 The Trader shall specify delivery options as well as charges for these delivery options (applicable within the Slovak Republic) for the goods and/or services.
5.5 If the Trader fails to deliver the goods within the agreed Delivery Period, the Consumer shall request the delivery of the goods within an additional reasonable period. If the Trader fails to deliver the goods within this additional reasonable period, the Consumer shall be entitled to withdraw from the Contract. The Consumer may withdraw from the Contract without the additional reasonable period if:
5.5.1 the Trader refused to deliver the goods,
5.5.2 timely delivery was essential in regard to all circumstances surrounding the conclusion of the Contract and
the Consumer informed the Trader of the importance of timely delivery prior to the conclusion of the Contract.
5.6 The Trader reserves the right to reject an Order and/or to withdraw from the Contract for the purchase of goods:
5.6.1 of a non-standard or speculative nature,
5.6.2 due to the goods being out of stock, unavailable, or if the producer has suspended production or made significant changes that prevented the Trader from fulfilling the Trader´s obligations arising from Consumer´s Order, or due to force majeure,
5.6.3 if, despite exercising all efforts that can reasonably be expected from the Trader, the Trader is unable to deliver the goods to the Consumer within the period specified by these Terms and Conditions or at the price agreed in the Order.
5.7 If the selected transport method is delivery through a Delivery Provider, the Trader shall deliver the ordered goods to the Consumer at the address specified by the Consumer as the delivery address in the Order. The delivery of goods does not include installation or any other services (e.g. unloading of the goods etc.). The Consumer is obligated to take delivery of the goods at the delivery place in person or to ensure that the person authorised by them takes delivery of the goods in the event of Consumer´s absence. The authorised person taking delivery of the goods is obligated to present the original authorisation to the Consumer or the Delivery Provider. If the goods being delivered are subject to specific legal regulations with regard to the minimum age of the Consumer, the Trader or the Delivery Provider is entitled to verify that the Consumer has reached the age required to take delivery of the goods.
5.8 If the Consumer selects personal collection as the delivery method, the goods shall be prepared by the Trader for collection at the Trader´s address or warehouse after the Trader sends a notification to the Consumer. The address of the premises and the opening hours of the point for personal collection shall be available during the ordering process and/or Order confirmation provided by the Trader. In the event that the Consumer fails to collect the goods within 7 days after the notification of the possibility of collecting the goods, the Trader shall be entitled to withdraw from the Purchase Contract.
5.9 The Trader shall provide the Buyer with a tax document (invoice) included in the shipment containing the goods. The tax document (invoice) may also be sent to the Consumer in electronic form (hereinafter referred to as the “electronic invoice”) to the Consumer´s e-mail address. For this purpose, an electronic invoice means an electronic document in PDF format, which may, but is not required to be, signed with the Trader´s electronic signature pursuant to specific legislation, and therefore the electronic invoice is a full replacement for a paper tax document – invoice.
5.10 The Trader shall be entitled to request the Consumer to take delivery of the goods before expiry of the period agreed in the Consumer Contract.
5.11 The Consumer shall be entitled to check the shipment – the goods as well as their packaging – immediately upon delivery. If the Consumer discovers that the goods or their packaging have been mechanically damaged, he shall be entitled to notify the Delivery Provider thereof and to check the condition of the goods in his presence. If the Consumer discovers any damage of the goods upon taking delivery of the goods, he shall be entitled to refuse to take delivery immediately at the time of delivery. The Delivery Provider is obligated to draw up a damage report in the presence and at the request of the Consumer. On the basis of this report delivered to the Trader after resolving the damage claim with the carrier, the Trader may remedy the defect in the goods, provide a discount on the goods or deliver new goods to the Customer in case of irreparable defects. Any subsequent claims of this type shall be proved by the Consumer. An incomplete or damaged shipment must be immediately reported by e-mail to: obchod@vino.sk, and the damage report must be drawn up with the Delivery Provider and sent without undue delay by e-mail or post to the Trader´s address. Otherwise, a claim concerning such goods may only be accepted if the Consumer proves that the claimed defects already existed at the time of taking delivery.
5.12 The Consumer shall be entitled to withdraw from the Consumer Contract if the Trader fails to deliver the goods within the period specified in these Terms and Conditions, and the Trader shall be obligated to refund the Consumer the part of the Purchase Price already paid without undue delay, but no later than 14 days from the date of delivery of the notification of withdrawal from the Consumer Contract, using the same method as the Consumer used for his payment, unless another refund method is agreed with the Consumer without additional fees being charged to the Consumer.
5.13 The Trader shall be entitled to compensation for damage (pursuant to the provisions of § 420 et seq. of the Commercial Code), amounting to the actual costs in the event of unsuccessful delivery of an Order, if the Consumer orders the goods, neither cancels the Order nor withdraws from the Contract, and fails to delivery of the goods from the Delivery Provider. By such conduct, the Consumer violated his obligation set out in Article 4.1 (a) of these Terms and Conditions, according to which the Consumer is obligated to take delivery of the ordered goods.
5.14 The Trader shall also be entitled not to exercise his right to compensation for damage or to exercise this right only partially.
5.15 If a promotional price applies to the goods, it shall be valid from the date on which the promotion (campaign) is published in the goods description or until stock of such goods are sold out. Any additional discounts provided beyond the discounts on particular goods presented in the online store, individual discounts for the Buyer or discounts provided upon contractual cooperation of the Trader with third parties shall not be combined with each other.
5.16 A delivery charge shall be added to the price if the Consumer has selected delivery by a Delivery Provider (hereinafter referred to as the „Delivery Provider“ or „Courier“) and if the value of the ordered goods does not exceed the value set by the Trader, in which case the delivery costs shall be borne by the Trader. The fact that delivery costs are borne by the Trader shall be stated in the Order. The Order value shall be displayed throughout the entire purchase process. The delivery costs shall be set in terms of the valid price list of the Delivery Provider.
5.17 Any difference in the sum of unit prices including tax and the total price is caused by rounding.
5.18 The Consumer may pay the price according to the Order by:
5.18.1 payment card,
5.18.2 payment through internet banking gateway.
5.19 The Trader reserves the right to restrict payment methods due to technical reasons, obstacles on the part of the Trader or the provider of these services or due to force majeure, temporarily or permanently.
5.20 The Trader shall not charge any fee for the payment of the price, except in cases where the payment includes an additional service.
5.21 The payment shall be deemed completed at the moment the price is credited to the Trader´s bank account or at the moment the provider confirms the execution of the payment.
6. Purchase Price
6.1 The Consumer shall be obligated to pay the Purchase Price for the goods agreed in the Consumer Contract and/or according to the Trader´s price list valid at the time of the conclusion of the Consumer Contract to the Trader, including delivery costs (hereinafter referred to as the „Purchase Price\”). All prices listed on the Trader´s website are final. Transport and packaging charges are not included in the price of the goods. The Consumer shall pay the price for the goods listed on the Trader´s website at the time the order is placed. Any individual discounts for Consumers shall be subject to a separate agreement. Prices of particular products are stated including VAT (value added tax) and all other taxes. In the event of a change of the VAT rate, the VAT valid at the time of issuance of the tax document shall be charged. The Consumer shall pay the price for the goods stated on the Trader´s website at the time the order is placed.
6.2 The final price is stated in the Order form immediately before the Order is submitted and includes VAT and all other taxes and charges (packaging, postage, …) that must be paid by the Consumer in order to obtain the product or service. This price may not be unilaterally changed by the Trader.
6.3 The Consumer shall be obligated to pay the Purchase Price for the agreed goods to the Trader within the period specified in the Consumer Contract, but no later than upon taking delivery of the goods.
6.4 If the Consumer has paid the Trader the Purchase Price for the goods agreed in the Consumer Contract, the Consumer shall be entitled to withdraw from the Consumer Contract and request a refund of the Purchase Price only in accordance with the applicable legal regulations of the Slovak Republic.
6.5 Any costs related to carrying the goods inside are not included in the Purchase Price of the goods and the Trader is not obligated to provide the Consumer with these services.
6.6 All campaigns are valid while supplies last, unless otherwise stated for a specific product.
6.7 In the event that the Purchase Price for returned or claimed goods and goods in respect of which the withdrawal from the Contract occurred is paid by the Consumer in the form of gift vouchers or as a combination of a gift voucher and monetary payment, the Trader shall refund the Purchase Price to the Consumer in the same form in which it was paid by the Consumer (i.e. using the same payment method as the Consumer used for the payment, unless otherwise agreed with the Consumer, without charging any additional fees to the Consumer).
6.8 None of Trader´s goods are not intended for industrial or professional use. The Trader´s goods are not intended for further sale.
7. Acquisition of Ownership and Transfer of Risk of Damage to Goods
7.1 The right of ownership shall pass to the Consumer upon taking delivery at the agreed place of delivery. A consumer who does not meet the definition of a Consumer specified in these Terms and Conditions shall acquire ownership of the goods only upon full payment of the Purchase Price for the goods. The goods shall be deemed delivered upon taking delivery from the transport company.
7.2 The risk of accidental destruction, accidental deterioration, loss of the goods or any other damage to the goods shall pass to the Consumer at the moment of delivery of the goods by the Trader, or, if the Trader fails to do so on time, at the time when the Trader enables the Consumer to handle the goods to the Consumer and the Consumer does not take delivery of the goods.
8. Claims Policy (Liability for Defects, Warranty, Claims)
8.1 The Trader shall be liable for any defects in the goods that do not conform to the Contract and that exist at the time when the Consumer takes delivery of the goods, as well as for any defects and deficiencies in the goods that become apparent after the receipt of the goods within the warranty period, which, in the case of food products, is the period until the expiry date or the minimum durability date. Goods labelled as food products shall retain the required quality and safety for consumption until the expiry date or the minimum durability specified on the product packaging. In the case of perishable food products, the claim must be submitted no later than on the day following the day of purchase, otherwise, the Consumer´s right shall expire. Further details regarding claims are governed by the Claims Policy.
8.2 Settlement of claims shall be governed by this Claims Policy, published on Trader´s website www.vinoodfrancuza.sk. By ticking the relevant checkbox before submitting an Order to the Trader, the Consumer confirms that they have read and fully agree with the Complaints Policy and have been duly informed about claims conditions and procedures, including information where the claim may be filed.
8.3 The Claims Policy shall apply to goods purchased by the Consumer from the Trader through the Trader´s online store on Trader´s website.
8.4 The Claims Policy in this form shall apply to all transactions, unless other warranty conditions have been contractually agreed.
8.5 The Consumer has the right to assert liability for defects in goods against the Trader during the warranty period for which the producer, supplier or Trader is liable, if a warranty applies, and if is proven that the goods were purchased from the Trader and are within the warranty period (e.g. proof of payment, warranty certificate, etc.).
8.6 The Consumer shall be entitled to inspect the goods when taking delivery of the goods. If the Consumer fails to do so, the Trader shall be liable for defects that could have been detected during such inspection only if it is proven that such defects already existed upon taking delivery of the goods.
8.7 During the warranty period, the Consumer shall have the right to have the defect remedied free of charge after submitting the goods, including accessories, documentation, instructions for use, to an authorized representative of the Trader and upon providing a proof that the goods were purchased from the Trader and are within the warranty period (e.g. proof of purchase, warranty certificate etc.).
8.8 The Consumer may exercise rights arising from liability for defects or submit a claim only if they have notified the Trader of the defect within two months from the date on which the defect was discovered, but no later than upon the expiry of the warranty period.
8.9 If the goods are defective, the Consumer shall have the right to file a claim at the Trader´s address specified in these Terms and Conditions by delivering the goods, including accessories, to the address: VÍNO OD FRANCÚZA s.r.o., with its registered office at 66, 962 65 Devičie, and completing a claim form, which shall be delivered to the Trader. The format of the form shall be determined by the Trader, and a template of the claim form shall be published on the Trader´s website. The Consumer shall be obligated to specify the type and extent of the defects in the goods, as well as the date on which the defect was discovered.
8.10 The Traders recommends that the Consumer insure the shipment containing the goods.
8.11 The claim procedure for goods that can be objectively delivered to the Trader shall commence on the day when all of the following conditions are fulfilled:
8.11.1 receipt of a completed claim form from the Consumer by the Trader,
8.11.2 receipt of the claimed goods, including accessories, from the Consumer by the Trader.
8.12 The commencement of the claim procedure shall also be deemed to be the day on which the claim is filed. The goods subject to the claim must be delivered to the Trader´s registered office, unless the Trader or an authorised person specifies otherwise (e.g. by requiring the goods to be delivered directly to an authorised person). The above-mentioned procedure for filing a claim does not exclude the Consumer´s right to file a claim using another method.
8.13 The Trader shall be obligated to accept claims in any of its premises where claims may be filed, i.e. at its registered office or the premises of an authorised person.
8.14 The Trader shall be obligated to ensure that a person authorised to handle claims is present at the place where claims are accepted.
8.15 If the Trader is liable for a defect in the sold goods, the Consumer shall be entitled, in accordance with § 621 (1) of the Civil Code, to have the defect remedied by the Trader by repair or replacement, to a reasonable discount from the Purchase Price, or to withdraw from the Consumer Contract,.
8.16 The Trader or a person authorised by the Trader shall provide the Consumer with written confirmation of the claim or notice of a defect immediately after the Consumer has notified the defect, in a form selected by the Trader, e.g. by e-mail or in writing.
8.17 The warranty shall not apply to defects of which the Consumer was informed by the Trader at the time of the conclusion of the Contract or of which the Consumer must have been aware, taking into account the circumstances in which the Consumer Contract was concluded.
8.18 The warranty period shall be two years (unless a consumer warranty is provided for specific cases) and shall commence on the day the Consumer takes delivery of the goods. If a period of use is specified on the goods, their packaging, or the instructions in accordance with other applicable legal regulations, the warranty period shall expire upon the expiry of such period. Any defects in the goods and claims arising from such defects must be asserted before the expiry of the warranty period. Upon expiry of the warranty period, the right to file a claim shall also expire. For goods sold at a reduced price due to a defect, the warranty period shall be 24 months, however, the Trader shall not be liable for defects for which the price was reduced (§ 619(1) of the Civil Code). In such cases, the warranty period shall be 12 months (§ 619(1) and § 620(2) of the Civil Code).
8.19 The Trader shall specify a reasonable period for remedying the defect in the confirmation of receipt of the claim. The period for remedying the defect shall not exceed 30 days from the date of notification of the defect, unless a longer period is justified by an objective reason beyond the Trader´s control.
8.20 If the Trader refuses liability for defects, the Trader shall notify the Consumer in writing of the reasons for such refusal. If the Consumer proves the Trader´s liability for the defect by means of an expert report or a professional statement issued by a certified person, an authorised person or a notified person, the Consumer may reassert the defect and the Trader shall not refuse liability for such defect.
8.21 The Consumer is entitled to choose whether the defect shall by remedied by replacement of the goods or by repair of the goods. When remedying the defect, the Consumer may not choose a method which is not possible or which, in comparison with the other method of remedying the defect, would cause the Trader disproportionate costs, taking into account all circumstances, especially the value the goods would have without the defect, the severity of the defect and whether the other method of remedying the defect would cause significant difficulties for the Consumer.
8.22 The Trader may refuse to remedy the defect if neither repair not replacement of the goods is possible or if it would require disproportionate costs, taking into account all circumstances.
8.23 The Trader shall repair or replace the goods free of charge, at the Trader´s own expense, and without causing any significant inconvenience to the Consumer within a reasonable period after the Consumer has notified the Trader of the defect, taking into account the nature of the goods and the Consumer´s intended purpose of using the goods. The Consumer shall hand over the goods or make them available to the Trader for the purpose of repair or replacement. The costs of taking over the goods shall be borne by the Trader.
8.24 In the event of replacement of the goods with new goods, the Consumer shall receive a document specifying the replaced goods, and any further claims shall be filed on the basis of the original delivery note and this claim document. In the event of replacement of goods with new goods, the warranty period shall commence again from the date of the receipt of the new goods, but only for the new goods.
8.25 The Trader shall deliver the repaired goods or replacement goods to the Consumer at the Trader´s own expense using the same or a similar method by which the Consumer delivered the defective goods to the Trader, unless otherwise agreed by the Parties. If the Consumer does not take delivery of the goods within six months from the date on which they were required to collect them, the Trader can sell them. If the goods are of higher value, the Trader shall inform the Consumer about the intended sale in advance and shall provide the Consumer with a reasonable additional period for collection of the goods. The Trader shall pay the proceeds from the sale of the goods to the Consumer after deducting costs, reasonably incurred for the storage and sale of the goods, without undue delay, if the Consumer exercises the right to a share of the proceeds within a reasonable period specified by the Trader in the notification of intended sale of the goods. The Trader may destroy the goods at the Trader´s own expense if the goods could not be sold or if the expected proceeds from their sale would not even cover the costs reasonably incurred by the Trader for the storage of the goods and costs necessarily incurred by the Trader in connection with their sale.
8.27 By remedying the defect through replacement of the goods, the Trader shall not be entitled to compensation for damage caused by normal wear and tear of the goods and compensation for normal use of the goods prior to their replacement.
8.28 In the event that the Trader concludes the claim procedure as a justified rejection of the claim, but the defect in the goods objectively exists and has not been remedied, the Consumer may exercise their right to have the defect in the goods remedied through the court.
9. Withdrawal from the Consumer Contract and No Right of Withdrawal from the Consumer Contract
9.1 The Trader shall be entitled to withdraw from the Consumer Contract due to stock depletion, unavailability of goods, or if the producer, importer or supplier of the goods specified in the Consumer Contract has discontinued production or made substantial changes that render the Trader unable to fulfil its obligations under the Consumer Contract or due to force majeure or if, despite exercising all reasonable efforts that may fairly be required from him, he is not able to deliver the goods to the Consumer within the period specified in these Terms and Conditions. The Trader shall be obligated to inform the Consumer of this fact immediately and to refund the Consumer any advance payment already made for the goods agreed in the Consumer Contract without undue delay, but no later than 14 days from the notification of the withdrawal from the Contract, using the same method as the Consumer used for the original payment. The Consumer´s right to agree on a different payment method with the Trader shall not be affected by this, provided that no additional fees are charged to the Consumer in this respect. The Trader shall be entitled to withdraw from the Consumer Contract also if the Consumer fails to take delivery of the goods within 15 business days from the date on which the Consumer was obligated to take delivery of these goods.
9.2 The Consumer may withdraw from a distance Contract or a Contract concluded outside the Trader´s premises within:
9.2.1 14 days from the date of taking delivery of the goods by the Consumer or from the date of the conclusion of the Contract, the subject matter of which is the provision of a service,
9.2.2 30 days from the date of the conclusion of the Contract by or in connection with an unsolicited visit or at or in connection with a sales event.
9.2.3 The goods shall be deemed received by the Consumer at the moment when the Consumer or a third person authorised by him other than the carrier takes delivery of all parts of the ordered goods, or if:
9.2.4 the goods ordered by the Consumer in one Order are delivered separately, at the moment of taking delivery of the last delivered item,
9.2.5 the goods consisting of several parts or pieces are delivered, at the moment of taking delivery of the final part or piece,
9.2.6 the goods are delivered repeatedly during a certain period of time, on the date of the receipt of the first delivery.
9.3 By sending an Order to the Trader, the Consumer shall confirm that the Trader has duly and timely complied with its information obligation pursuant to § 3(1) of the Act on Consumer Protection in the Sale of Goods.
9.4 When exercising the right to withdraw from the Contract, the Consumer shall notify the Trader of the decision to withdraw from this Contract by means of an unequivocal statement (e.g. by a letter sent by post, fax or e-mail) to the Trader´s addresses specified above. For this purpose, the Consumer may use the template form for withdrawal from the Contract, which was sent to him together with the Order confirmation and is also attached to these Terms and Conditions. The Consumer may fill in and send the template form for withdrawal from the Contract or another unequivocal statement of withdrawal from the Contract. The template form is attached at the end of these Terms and Conditions.
9.5 The withdrawal from the Consumer Contract by means of the withdrawal form pursuant to the previous section of these Terms and Conditions must contain the required data, in particular the exact specification of the goods, date of the Order, name and surname of the Consumer/Consumers, the address of the Consumer/Consumers, and the signature of the Consumer/Consumers.
9.6 If the Consumer withdraws from the Contract, any supplementary contract related to the Contract from which the Consumer has withdrawn shall also be cancelled; this does not apply if the Parties expressly agree on the continued duration of the supplementary contract.
9.7 The Consumer may withdraw from the Contract, the subject matter of which is the delivery of the goods, even before the withdrawal period begins to run. The withdrawal period shall be deemed maintained, if the Consumer sends the notification of the withdrawal from the Contract to the Trader no later than on the last day of the period.
9.8 The Consumer may withdraw from the Contract only in relation to a particular product or products, if the Trader supplied or provided multiple products under the Consumer Contract.
9.9 The Consumer shall be obligated to send the goods back or hand over the goods to the Trader within 14 days from the date of the withdrawal from the Consumer Contract at the address: VÍNO OD FRANCÚZA s.r.o., with its registered office at 66, 962 65 Devičie. The period pursuant to the previous sentence shall be deemed met if the Consumer sends the goods to the Trader no later than the last day of the period.
9.10 When withdrawing from the Consumer Contract, the Consumer shall only bear the costs of returning goods to the Trader.
9.11 The Consumer shall be liable for any diminished value of the goods incurred due to handling the goods in a manner beyond the handling necessary to establish the properties and functionality of the goods.
9.12 Following the withdrawal from the Contract, the Trader shall refund to the Consumer all payments duly proven to have been made by the Consumer in connection with the Contract, in particular the Purchase Price including the costs of transport, delivery, postage, and other charges and fees. The Trader shall refund to the Consumer all payments referred to in the previous sentence to the extent corresponding to the withdrawal from the Contract, unless the Consumer has withdrawn from the entire Contract. However, the Trader shall not be obligated to reimburse additional costs to the Consumer if the Consumer selected a delivery method other than the cheapest standard delivery method offered by the Trader. Additional costs shall mean the difference between delivery costs selected by the Consumer and costs for the cheapest standard delivery method offered by the Trader. The payments shall be reimbursed to the Consumer within 14 days from the date of delivery of the notification of the withdrawal from the Consumer Contract. The refund shall be made using the same method as the Consumer used for his payment. This does not affect the Consumer´s right to agree on a different payment method with the Trader, provided that no additional fees are charged to the Consumer. If agreed upon with the Trader, the Consumer may choose alternative goods instead of a refund.
9.13 The Trader is not obligated to refund all payments to the Consumer under these Terms and Conditions before the goods have been delivered back to the Trader, or until the Consumer proves that the goods have been sent back to the Trader. The payment for the purchased goods shall be refunded to the Consumer only after the returned goods are delivered to the Trader´s designated address or upon submission of proof of shipment, whichever occurs earlier. The Consumer´s obligation to return the goods is met if they are sent back before the 14-day period expires.
9.14 If the Consumer withdraws from the Contract pursuant to these Terms and Conditions and returns goods that are used, damaged or incomplete or diminished in value due to handling beyond what was necessary to establish the nature, characteristics, and functionality of the goods, the Trader shall have the right to either claim compensation from the Consumer amounting to the costs of repair of the goods and restoration to their original condition, or demand reimbursement from the Consumer for the reduction in the value of the goods.
9.15 The Consumer shall be obligated to send back or hand over the purchased goods including accessories to the Trader no later than 14 days from the date of the withdrawal from the Contract.
9.16 Upon withdrawal from the Contract, the Consumer shall bear the direct costs of returning the goods to the Trader or to a person authorised by the Trader to take delivery of the goods. This includes the costs of returning goods which, by their nature, cannot be returned by post. The direct costs of returning such goods cannot be reasonably calculated in advance. According to available information, these costs are estimated to range from EUR 2 to EUR 150, depending on the size, weight of the goods, the shipping distance, and the transport rates by the carrier.
9.17 If the Consumer fails to fulfil any of obligations set out in Articles 8 and 9 of these Terms and Conditions, the withdrawal from the Consumer Contract shall not be valid and effective, and the Trader shall not be obligated to refund all proven payments under these Terms and Conditions. The Trader shall also be entitled to reimbursement of the costs associated with sending the goods back to the Consumer.
9.18 Cash payments made upon withdrawal from the Contract shall be rounded to the nearest 5 eurocents; the remaining unrounded amount lower than the half of 5 eurocents shall be rounded down and the remaining unrounded amount equal to or higher than the half of 5 eurocents shall be rounded up. If the payment according to the first sentence is a sum of prices for several products, only the final payment amount shall be rounded. Payment amounting to 1 eurocent or 2 eurocents shall be rounded to 5 eurocents.
9.19 The Consumer may not withdraw from the Contract, the subject matter of which is:
9.19.1 the provision of services, provided that 1. the service has been fully performed, and 2. its performance began before the expiry of the withdrawal period with the Consumer´s express consent; and the Consumer acknowledged that by giving consent, they lose the right to withdraw from the Contract once the service has been fully provided, provided that the Consumer is obligated to pay the Price under the Contract,
9.19.2 the delivery or provision of a product, the price of which depends on fluctuations in prices in the financial market beyond the Trader´s control that may occur during the withdrawal period,
9.19.3 the delivery of custom-made goods or goods produced according to the Consumer´s specifications,
9.19.4 the sale of goods liable to deteriorate or spoil rapidly,
9.19.5 the sale of goods sealed in protective packaging that are not suitable for return due to health protection or hygiene reasons if the protective packaging has been unsealed after delivery,
9.19.6 the sale of goods which, due to their nature, may be inseparably mixed with other goods after delivery,
9.19.7 the sale of alcoholic beverages, the price of which was agreed at the time of concluding the Contract, where delivery may only take place after 30 days and the price of which depends on price fluctuations in the market beyond the Trader´s control.
9.20 When issuing a credit note, the Consumer may be requested to present a valid identity card for inspection in order to protect the Consumer´s ownership rights and verify Consumer´s identity. By presenting the identity card for inspection, the Consumer consents to the processing of personal data as stated on the identity card pursuant to Act No. 18/2018 Coll. on Personal Data Protection, as amended by subsequent legislation, for the period of inspection.
9.21 The Trader reserves the right to cancel the Order or a part thereof if, due to technical reasons, it is not possible to deliver the goods within the required period, if the goods are no longer supplied or produced, or if the Trader (producer) has significantly changed the price of the goods. If such a situation occurs, the Trader shall immediately contact the Consumer in order to agree on further action. If the Consumer has made an advance payment, such payment shall be refunded to the Consumer´s bank account or address without undue delay. In the event of cancellation of the Order, please contact the seller.
10. Personal Data Protection
10.1 The Trader has implemented appropriate technical, organisational and personnel measures for the processing of personal data, taking into account, in particular, the applicable technical means, the confidentiality and importance of the personal data processed, as well the scope of possible risks that could compromise the security or functionality of its information systems, in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons regarding the processing of personal data and on the free movement of such data, and repealing the Directive 95/46/EC (General Data Protection Regulation) (hereinafter referred to as the “GDPR”). The Consumer acknowledges that they have been informed about the processing of their personal data in accordance with Art. 13 of the GDPR for the purposes set out in these Terms and Conditions.
11. Alternative Dispute Resolution
11.1 If the Consumer is not satisfied with the manner in which the Trader has resolved the claim, or if the Consumer has contacted the Trader with a request for remedy and is not satisfied with the manner in which the Trader has resolved the claim, or believes that the Trader has violated the Consumer´s rights, the Consumer has the right to request a remedy to the Trader. If the Trader rejects such a request or fails to respond within 30 days from the date of its submission, the Consumer shall have the right to submit a proposal for the initiation of alternative dispute resolution proceedings to an alternative dispute resolution entity. The competent alternative dispute resolution entity of consumer disputes with the Trader is:
11.1.1 Slovak Trade Inspection (SOI), The Inspectorate of the Slovak Trade Inspection for the Banská Bystrica Region, Dolná 179/46, 974 01 Banská Bystrica,
11.1.2 alternatively, another authorised legal entity included in the list of alternative dispute resolution entities maintained by the Ministry of Economy of the Slovak Republic (the list is available on the Ministry´s website https://www.mhsr.sk/obchod/ochrana-spotrebitela/alternativne-riesenie-spotrebitelskych-sporov-1/zoznam-subjektov-alternativneho-riesenia-spotrebitelskych-sporov-1).
11.2 The Consumer has the right to choose which of the listed alternative dispute resolution entities they wish to contact.
11.3 Alternative dispute resolution applies only to disputes between the Consumer and the Trader arising from or in connection with the Consumer Contract. Alternative dispute resolution only applies to distance contracts. Alternative dispute resolution shall not apply to disputes where the value of the dispute does not exceed EUR 20. The alternative dispute resolution entity may require the Consumer to pay a fee for initiating alternative dispute resolution proceedings, up to a maximum amount of EUR 5, including VAT.
12. Final Provisions
12.1 These Terms and Conditions shall enter into force and become effective on 1.7.2026.
12.2 The Trader reserves the right to amend these Terms and Conditions. The obligation to notify the Consumer of any amendments of these Terms and Conditions shall be fulfilled by publishing the amended version of the Terms and Conditions in the online store available on the Trader´s website. However, a validly concluded Contract shall be governed by the Terms and Conditions effective at the time of its conclusion.
12.3 If the Consumer Contract is concluded in writing, any amendments must also be made in writing.
12.4 The Contracting Parties agree that the communication between them shall be conducted primarily by e-mail or postal correspondence.
12.5 Matters not governed by these Terms and Conditions shall be governed by the applicable provisions of Act No. 40/1964 Coll. of the Civil Code, Act No. 108/2024 Coll. on Consumer Protection and on amendments and supplements to certain acts, Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing the Directive 95/46/EC (General Data Protection Regulation), and Act No. 18/2018 Coll. on Personal Data Protection.12.6 By checking the box before submitting the Order, the Consumer confirms that they have read these Terms and Conditions and agree to them in their entirety.