General Terms and Conditions and Complaints (Returns) Policy of the Online Store (E-shop) www.vinoludvik.sk

Effective from 1 January 2025

1. Seller / Operator

The operator, seller and supplier of the e-shop www.vinoludvik.sk is VÍNO LUDVIK s.r.o., Tehelná 11, 902 01 Pezinok, Company ID (IČO): 50 407 686, Tax ID (DIČ): 2120317837, VAT ID: SK2120317837, Slovak Republic.

2. Buyer

The buyer is any visitor of the e-shop who is over 18 years of age and places an order through the e-shop.

3. Prices

All prices shown for goods are final, including 23% VAT. The seller is bound by the price displayed on the e-shop website at the moment the purchase is made.

4. Ordering Goods

a) By confirming an order, a purchase contract is concluded. The contract may be amended or supplemented by mutual agreement, or cancelled before the goods are physically dispatched from our warehouse. An order placed with the obligation to pay is binding.

After placing an order, the buyer receives an email confirming receipt of the order. Confirmation of the order by the seller takes place by dispatching the goods. We dispatch goods the next day after receiving payment from the buyer. The courier company delivers the goods within 2–4 days from dispatch from our winery.

For an order, it is necessary to fill at least one carton (6 bottles) and we ship orders starting from a minimum value of EUR 48 including VAT. The buyer may freely combine wines within one carton.

The customer is entitled to refuse to accept goods that are damaged or incomplete, or whose specification is not in accordance with the contract. If the customer accepts visibly damaged goods, they are obliged to describe the damage in the carrier’s handover protocol.

5. Payment Terms

• Cash on delivery (payment in cash directly to the courier upon receipt of the goods)

• Online card payment (Visa, MasterCard, Amex, ChinaUnionPay, Jcb, Diners, CartesBancaires, Discover, Electron, Maestro)

6. Additional Charges for Payment Methods

For cash on delivery with delivery by courier within the territory of the Slovak Republic, the additional charge is EUR 0 including VAT.

7. Cancellation of the Purchase Contract

The purchase contract may be cancelled before the goods are physically dispatched from our warehouse. Please contact us as soon as possible, at least within 24 hours.

Goods or services made to order, according to the consumer’s specific requirements or specifically for one consumer, may be cancelled by the buyer within 24 hours from the conclusion of the purchase contract without a cancellation fee for the goods.

8. Discount

The seller may provide the buyer with a 5% discount on the first purchase.

9. Delivery Terms

The seller delivers to the buyer via:

• Courier company SDS Smart Delivery Service SK, s.r.o., Dunajská 46, 81108 Bratislava, Company ID: 45487880

• Delivery by VINO LUDVIK s.r.o. in Bratislava, Modra and Pezinok free of charge by prior agreement

• Personal pickup at Vinotéka VINO LUDVIK, Štúrova 66, 900 01 Modra, during opening hours

• Otherwise by agreement different from the above

Shipping price list within Slovakia (courier SDS, s.r.o.)

• 1–2 cartons / 6–12 bottles: EUR 6.00 within Slovakia

• 3–4 cartons / 13–24 bottles: EUR 9.00 within Slovakia

• 5–6 cartons / 25–36 bottles: EUR 12.00 within Slovakia

• Orders over EUR 325: shipping free of charge within Slovakia

Delivery within Slovakia: 2–4 business days.

Shipping price list to the Czech Republic (courier SDS, s.r.o.)

• 1 carton / 6 bottles: EUR 12 to the Czech Republic

• 2 cartons / 12 bottles: EUR 16 to the Czech Republic

• 3 cartons / 18 bottles: EUR 18 to the Czech Republic

• 4 cartons or more: shipping cost is calculated individually

Delivery to the Czech Republic: up to 5 business days.

Shipping outside Slovakia and the Czech Republic

Shipping costs outside Slovakia and the Czech Republic are calculated individually by the courier company based on the customer’s address.

10. Transfer of Ownership

Ownership transfers from the seller to the buyer only at the moment of acceptance at the place specified by the buyer. For goods or services still subject to the seller’s ownership, the seller reserves the right, in case the buyer makes a complaint, to process the complaint only after full payment of the purchase contract price.

11. Compensation for Damage in Case of Non-Acceptance of Goods

The seller is entitled to compensation for damages (pursuant to Section 420 et seq. of the Civil Code) if the buyer ordered goods, did not cancel the order or withdraw from the contract, and did not accept the goods from the carrier, or—if personal pickup was chosen—did not pick up the goods within the specified pickup period after the seller’s request.

When determining compensation, the seller primarily takes into account shipping costs and related fees, costs associated with packaging, dispatch and administration of the order, as well as any other costs incurred in connection with fulfilling the order, and the seller is also entitled to claim lost profit. The seller may also decide not to claim damages or to claim them only in part.

12. Relationships Not Regulated Herein

Any matters not regulated in these General Terms and Conditions, as well as their inseparable parts (annexes), shall be governed in particular by the relevant provisions of Act No. 40/1964 Coll., Act No. 250/2007 Coll., Act No. 102/2014 Coll., Act No. 122/2013 Coll., Act No. 22/2004 Coll., and Act No. 513/1991 Coll.
These General Terms and Conditions, including their inseparable parts, entered into force and became effective on 13 June 2023.

13. Complaints (Returns) Policy (an inseparable part of the General Terms and Conditions)

• Only goods purchased from the seller and owned by the buyer may be the subject of a complaint.

• If ownership has not yet transferred from the seller to the buyer, the seller is entitled under applicable law to process the complaint only after full payment in accordance with Section 151a et seq. of the Civil Code.

• If the buyer is a consumer (a natural person not acting within the scope of business activity, employment or profession), a 24-month warranty applies to all offered goods unless stated otherwise. The procedure follows the Consumer Protection Act, the Civil Code and this Complaints Policy.
  If the buyer is not a consumer, the procedure follows the Commercial Code; the warranty period is 1 year unless stated otherwise, and this Complaints Policy does not apply.
  The warranty period begins on the date of acceptance of the goods from the carrier or directly from the seller in case of personal pickup.

• The buyer must file a complaint without undue delay, immediately after discovering a defect. Liability for defects does not apply to defects caused by: mechanical damage caused by the buyer; improper handling; use contrary to the instructions; use in conditions not corresponding to humidity, temperature, chemical or mechanical influences of the natural environment; neglected care and maintenance; excessive loading; use contrary to documentation, general principles, technical standards or safety regulations; or other breach of warranty conditions. Defects caused by natural disasters are excluded. Liability also does not cover normal wear and tear. Shorter product life is not considered a defect and cannot be claimed.

• The claimed goods must be sent to our address indicated below (not cash on delivery) or delivered in person to the contact address. Goods must be packed appropriately to avoid damage during transport. We recommend sending by registered mail or as an insured shipment. A copy of the proof of purchase (invoice) and a defect description must be attached, or we recommend attaching a completed Complaint Form (PDF) together with proof of purchase.

• Complaints must be submitted exclusively in writing (by post) or in person (not by email). The seller will confirm receipt of the complaint and issue confirmation of the complaint in an appropriate form. The date of filing the complaint is deemed to be the date it is delivered to the seller. If confirmation cannot be issued immediately, it must be issued without undue delay, no later than together with the document on the complaint resolution. The complaint resolution confirmation will be sent in writing.

• The seller must determine the method of complaint handling immediately, in complex cases within 3 days from the date the complaint is filed. In justified cases, especially if complex technical assessment is required, no later than within 30 days from filing the complaint. After determining the handling method, the seller will handle the complaint immediately; in justified cases it may be handled later, but not later than 30 days from filing. After the 30-day period, the buyer has the right to withdraw from the purchase contract and receive a full refund or to request replacement with a new product.

• Buyer’s rights when filing a complaint:
  For a removable defect, the buyer has the right to have it removed free of charge, properly and in due time. The seller decides on the method of removal. The buyer may request replacement instead of repair if this does not cause disproportionate costs considering the price of the goods or the seriousness of the defect.
  For an irremovable defect preventing proper use for the intended purpose, the buyer has the right to replacement, withdrawal from the contract (refund), or a price discount.
  A complaint is deemed resolved when the complaint procedure is concluded by handing over the claimed goods, replacing them, refunding the purchase price, a written request to collect performance, or a justified rejection.

• The integrity of the goods and/or packaging must be checked upon receipt. Since goods may be damaged in transport, we recommend unpacking and inspecting the goods in the presence of the courier. By signing to the courier, you declare that the packaging is undamaged.

• These Complaints Terms are an inseparable part of the General Terms and Conditions, and the seller reserves the right to change them at any time without prior notice to the buyer.

Contact:
VINO LUDVIK s.r.o., Tehelná 11, 902 01 Pezinok, Slovakia
Company ID (IČO): 50407686, VAT ID: SK2120317837
Tel.: 0905 598 229, 0905 970 077
Email: vinoludvik@vinoludvik.sk