Terms of trade

1. General provisions

• 1.1

  These General Business Terms and Conditions govern the rights and obligations of the parties resulting from the purchase contract concluded between a seller:  GLOBAL DISTILLERY, s.r.o. , registered office: Bratislavska cesta 39, Samorin 931 01,CID (Company Identification Number): 46 220 640, (hereinafter referred to as the “seller”) and buyer, whose object is the purchase and sale of goods on seller´s website e-shop. Contact details of the seller:
  e-mail: info@palimeovocie.sk
  tel./fax: +421 315 601 702, business address: GLOBAL DISTILLERY, s.r.o. , Bratislavska cesta 39, 931 01 Samorin, Slovakia.

• 1.2

  The parties agree that the buyer, by submitting an order to the seller, confirms that he agrees that these General Business Terms and Conditions and their terms and conditions will apply to all purchase contracts concluded on any e-shop website operated by the seller under which the seller will deliver the goods presented on the particular website to the buyer (hereinafter  referered to as the “purchase agreement”) and all relations between the seller and the buyer, arising from the purchase contract and sales returns in particular.

• 1.3

  These General Business Terms and Conditions are an integral part of the purchase agreement. In case that the seller and buyer make a written purchase agreement in which they agree that conditions will differ from the General Business Terms and Conditions, the provisions of the purchase contract will be given priority to the General Business Terms and Conditions.

• 1.4

  The inventory of goods of any e-shop website operated by the seller is a catalog of commonly supplied goods and the seller does not guarantee the immediate availability of all the goods. The availability of the goods will be confirmed to the buyer based on the buyer’s question.

2. Delivery of the subject of purchase

• 2.1

  The buyer declares that the terms of the purchase are familiar to him, they are comprehensible to him and he undertakes to comply with these conditions. The buyer confirms that he has chosen the subject of the purchase voluntarily in accordance with the seller’s offer in the GLOBAL DISTILLERY online shop.

• 2.2

  The seller undertakes to deliver the subject of purchase to the buyer in accordance with these General Business Terms and Conditions, payment terms and shipping conditions in accordance with the specified shipping time of the product from the payment of the order, unless agreed otherwise. The shipping costs are paid  by the buyer together with the goods in advance of delivery unless otherwise agreed. Transport of the subject of the purchase is ensured by the seller through a contractual carrier or by his own transportation means. Seller’s delivery time is met if the subject of purchase is delivered to the buyer within the given time. The goods are shippped on the territory of the Slovak Republic or the countries / countries listed under the transport conditions.

• 2.3

  Binding acceptance of the order includes details of the name and specification of the goods sale of which is the subject of the purchase contract, as well as  details of the price of the goods and / or other services, the name and location of the goods to be supplied and details of the price and conditions of the goods transportation to the agreed place of delivery of the goods to the buyer, or any other data.

3. Rights and obligations of the seller

• 3.1

  Seller is required to:
  a) deliver, on the basis of an order confirmed by the seller to the buyer, the goods in the agreed quantity, quality and time and pack it or equip it for transportation in the manner necessary for its preservation and protection,
  b) ensure that the delivered goods comply with the applicable Slovak legislation,
  c) transmit to the buyer all the documents,  either in written or in electronic form, that are necessary for the taking-over and use of the goods together with the goods at latest.

• 3.2

  The seller has the right to a proper and timely payment of the purchase price for the delivered goods from the buyer.

• 3.3

  Seller commits to:
  – deliver the right kind and quantity of goods based on the customer’s order at the agreed price
  – properly pack the goods and send the goods within the agreed time
  – issue and attach the invoice thas serves as a tax document.

• 3.4

  The seller is not responsible:
  – for delayed delivery of the ordered goods caused by the carrier
  – damage caused by post office, courier or express mail service
  – for the possible non-delivery of the goods caused by the manufacturer (supplier) as a result of any
  restrictions or the abolition of distribution rights or other unforeseen obstacles.

4. Rights and obligations of the buyer

• 4.1

  Buyer is required to:
  a) take over the purchased or ordered goods,
  b) to pay the seller the agreed purchase price within the agreed maturity period, including the cost of delivery of the goods,
  c) not to harm the seller’s good business name,
  d) confirm in the delivery note the taking-over of the goods with their signature or signature by the person authorized to do so.

• 4.2

  The buyer has the right to deliver the goods in the quantity, quality, time and place agreed by the parties in the binding acceptance of the order.

5. Acquisition of ownership and attachment of risk and damage of goods

• 5.1

  The buyer acquires ownership of the goods until the full purchase price for the goods is paid in full.

• 5.2

  The risk of damage of the goods passes on to the buyer at the time when the goods are handed over by the seller or when he does not do so in time, when the seller allows him to dispose of the goods and the buyer will not accept the goods.

6. Terms of claim  (responsibility for defects, warranty, claims)

• 6.1

  The seller is liable for defects of goods and the buyer is obliged to apply the claim immediately to the seller according to the valid claim policy.

• 6.2

  Claims handling are covered by a valid claim policy. Buyer sends an order to the seller confirming that he has been duly informed about the terms and manner of claiming the goods, including the details of where the claim can be applied.

• 6.3

  The claim policy applies to the goods purchased by the buyer from the seller via e-shop on the seller’s e-shop website.

• 6.4

  The claim policy applies to the goods purchased by the buyer from the seller via e-shop on the seller’s e-shop website.

• 6.5

  The buyer is required to perform the checking of goods when the goods are taken over. If he fails to do so, he may claim the defects found in this inspection only if he shows that the defects had occurred at the time when the goods were taken over.

• 6.6

  The seller is not responsible for any damages caused by the carrier. If it is proven that the delivered goods were dispatched in poor quality (dacayed or otherwise damaged), the buyer has the right for free-of-charge replacement for goods of the same value. However, the buyer must bear the cost of his return to the place of destination as well as the cost of returning the goods to KARLOFF Company. In this case, the seller does not reimburse the buyer for the first shipment. Seller is not liable for defects and mistakes caused by carriers (broken bottles, etc.).

• 6.7

  Claims are dealt with by following means:
  – by phone (on working days from 8:00 AM to 3:00 PM (8:00 to 15:00) on the following phone number:  +421 315 601 702)
  – by e-mail (palimeovocie@centrum.sk)
  – by post (GLOBAL DISTILLERY, s.r.o., Bratislavska cesta 39, 931 01 Samorin)

• 6.8

  Warranty
  Each sold product is covered by the statutory warranty period, unless it is otherwise stated on goods.

7. Personal data and data protection

• 7.1

  The parties agree that the buyer, if he is a natural person, is obliged to notify the seller of his name and surname, address of permanent residence, including postal code, telephone number and e-mail address.

• 7.2

  The parties agree that the buyer, if he is a legal person, is obliged to notify the seller of his business name, address, including postal code, company identification number, telephone number and e-mail address, in specific cases also the authorization number for the sale or distribution of alcoholic beverages.

• 7.3

  The buyer declares that he agrees, pursuant to the provisions of Section 7, par. 1 of Act No. 428/2002 Coll. on the protection of personal data as amended, to process and store personal data, in particular those mentioned above and / or which are necessary for the activities of the seller and process them in all his information systems. The seller undertakes to handle and store the buyer’s personal data in accordance with applicable Slovak legislation. The buyer grants the seller this permission for an indefinite period of time. The buyer may withdraw consent to the processing of personal data at any time in writing.

• 7.4

  By sending the order, the buyer expresses his / her consent to the seller sending reports on the activities, offers and actions of the seller without the buyer’s prior request to send such reports/ messages.

8. Withdrawal of the purchase agreement

• 8.1

  The seller is entitled to withdraw from the purchase contract if the manufacturer, importer or supplier of the goods agreed in the purchase contract, interrupted the production or made such major changes that made it impossible for the seller to fulfill the obligations arising from the purchase contract or for reasons of force majeure. The seller is obliged to immediately inform the buyer about this fact and return the amount already paid in advance for the goods agreed in the purchase contract.

• 8.2

  The seller has the right to withdraw from the delivery of goods even in the following cases:

  -the buyer submits invalid or otherwise falsified documents for the purpose of the purchase of goods,
  -the buyer does not accept the object of the purchase at a duly notified date for reasons incumbent on his site.

• 8.3

  The buyer, by sending the order to the seller, confirms that the seller has fulfilled his information obligations in time and in accordance with the provisions of Section 10 of the Consumer Protection Act for mail order sales.

• 8.4

  The buyer has the right to withdraw from the takeover of the goods only if the seller has not fulfilled the delivery conditions. Withdrawal from receipt of the goods will be accepted only in written form. If the buyer withdraws from receiving the goods for any other reason, he is obliged to pay the seller all costs associated with the order and a contractual fine of 50 €. Effects of withdrawal will occur on the day of delivery. If a written notice of withdrawal fails to be delivered, it is considered as delivered if it was sent to the last known address of the buyer and has not been taken over by the buyer within the withdrawal period.

• 8.5

  Withdrawal from the purchase contract according to the aforementioned point of these General Business Terms and Conditions must include the buyer’s identification, the number and date of the order, the exact specification of the goods, the manner in which the seller should return the already received setlement, particularly the account number and / or the postal address. Simultaneously with the withdrawal from the purchase contract, he is obliged to deliver the goods to the seller together with the accessories including the documentation, the payment receipt, etc. and in the original packaging in the form of an insured item.

9. Final provisions

• 9.1

  The seller reserves the right to change these General Business Terms and Conditions. The obligation to notify about changes to these General Business Terms and Conditions in writing is met by placing them on the seller’s e-shop website.

• 9.2

  In the case the purchase contract is concluded in writing, any change to it must be also done in writing.

• 9.3

  The seller reserves the right to change the price stated in the information materials on the basis of which the buyer has chosen the subject of the purchase if the change of price occurs on the basis of the facts that the seller cannot influence from the moment the contract is signed by the buyer until it is delivered to the seller’s place of residence. The buyer undertakes to accept the price change without canceling this purchase contract if it does not exceed 10% of the original price of the goods.

• 9.4

  Where the parties have agreed to the payment of a contractual penalty in specific cases under these general conditions, the buyer is required to pay it even if the breach has not been infringed by him. This provision is without prejudice to any claim for damages.

• 9.5

  Relations not governed by these General Business Terms and Conditions are governed by the relevant provisions of the Civil Code and the Electronic Commerce Act.

• 9.6

  These General Terms and Conditions become valid and effective against the buyer through the conclusion of a purchase contract, i.e. usually by the date of payment for the goods to the buyer.

• 9.7

  The buyer, by sending the order, confirms that he has read and agrees to these General Business Terms and Conditions. Any amendments to these General Business Terms and Conditions are only possible in writing by mutual agreement of the Parties, in the form of a written amendment.

• 9.8

  The Shipping and Payment Terms listed below are an integral part of these General Business Terms and Conditions.