These General Terms and Conditions (hereinafter referred to as the "GBC") regulate the legal relations of MOVINO, spol. s r.o., with its registered office at Osloboditeľov 66, 990 01 Veľký Krtíš, IČO: 31 617 824, in OR OS Banská Bystrica, section: Sro, vl. No: 10 740 / S (hereinafter referred to as 'MOVINO' or 'seller') and its customers (hereinafter referred to as 'buyer') (both seller and buyer together further referred to as 'the Parties' or 'the Parties' or individually the 'Party' or “Contracting Party”) in the purchase of Products through the online store operated by MOVINO at www.movino.sk and in the delivery and sale of the Products, through the purchase or any other related contract concluded between MOVINO and the Buyer through the online store (“Of the Contract”), of which these GTC are an integral part. The Contract and the GBC regulate the relationship between the Seller and the Buyer in the purchase and delivery of a product as defined in the Contract (hereinafter referred to as “Product” or “Goods”) These GTCs are available on individual portals of the Seller, thus enabling their archiving and reproduction by the Buyer.

Contacts: phone no .: +421 903 650 691, e-mail: info@movino.sk

The customer is the consumer.

A consumer is a natural person who, when concluding and performing a consumer contract, does not act within the scope of his business or other business activity.

Force majeure is a fact consisting of an extraordinary, unpredictable, irreversible and unjustified event.

An online store has the meaning as set out in the preamble above.

The order has the meaning as stated in point 1.4 hereof.

The legal relations of the seller with the consumer not expressly regulated by these GTC are governed by the relevant provisions of Act no. No. 40/1964 Coll. Civil Code, Act no. no. 102/2014 Coll. on consumer protection in the sale of goods or provision of services on the basis of a distance contract or a contract concluded off the premises of the seller, Act no. no. 250/2007 Coll. on consumer protection as well as related regulations.

By sending an order pursuant to these GTC, the Buyer confirms that he has become acquainted with these GTC, which form an integral part of the Complaints Procedure, and that he agrees with them, in the wording valid and effective at the time of sending the order.

 

1. Contract of sale

Conclusion of the purchase contract

1.1 The buyer can order goods offered by the seller through the online store available at www.movino.sk.

1.2 To successfully create an electronic order, registration and opening a customer account on the website www.movino.sk is required. When registering and opening a customer account and also when ordering goods, the buyer is obliged to provide true and complete data. The Buyer is obliged to change the data provided in the Customer Account in any change of such data in the Customer Account. The Seller is not obliged to verify the accuracy of the Buyer's data. The Buyer is obliged to maintain the confidentiality of the data necessary to access his customer account and acknowledges that the Seller is not responsible for breach of this obligation by the Buyer. The Buyer acknowledges and agrees that the Seller is entitled to cancel the customer account, especially if the Buyer breaches its obligations under the Contract. The buyer also acknowledges that the customer account may not be available at all times.

1.3 Any offers of goods in the e-shop (including indicative usual delivery time) are not binding and the seller is not obliged to conclude the Contract in relation to the presented goods.

1.4 The Buyer shall place an order by selecting the goods he / she wants to purchase (specified in quantity and type), clicking on the appropriate “Add to Cart” buttons and then duly completing the electronic order form on the webshop of the online store. The Buyer shall send the order to the Seller by ticking the appropriate box for acceptance of these GTC and clicking on the respective button "Order with payment obligation".

1.5 After sending the electronic order to the buyer, the seller registers the order and then delivers the buyer to the email address that the buyer has stored in the customer's account confirmation of receipt of the order.

1.6 The order receipt shall contain the following information:

(a) the name and specification of the goods the sale of which is the subject of the Contract;

(b) the final price of the goods and / or other services;

c) verifying the availability of the ordered goods;

(d) where appropriate, other particulars.

1.7 In the case of the current availability of the ordered goods, the Seller shall deliver to the Buyer an e-mail address held by the Buyer in the Customer's account. order form on the web shop web interface. The contract is created by sending the order by the buyer and confirmation of sending the ordered goods by the seller.

1.8 In the event that the buyer does not receive confirmation of receipt of the order, the electronic order of the buyer is considered incorrectly filled and the seller does not accept it and is not bound by it.

1.9 At the same time, the Buyer acknowledges that the availability of the goods presented in the online store is linked to the stock of the Seller and therefore the Seller does not guarantee the availability of the goods. In the event that the buyer orders goods that are not available from the seller, the seller sends the buyer via e-mail a message that the goods are unavailable. In the event that the situation described in this clause of these GTC occurs, the seller is not obliged to accept the electronic order and is not bound by it. This is without prejudice to the provisions of point 1.3 of these GTC. If the buyer has already paid the price for the goods ordered, we will return it within 45 days from the date of delivery of the unavailability report in the same way as the price was paid.

1.10 A valid and effective Agreement (including the agreed price) may only be changed or canceled by agreement between the parties or for legal reasons.

1.11 The Buyer has the possibility to check this and correct it before sending the order. If the buyer subsequently discovers any discrepancies between the order placed and the confirmation sent by the seller, he can notify the seller by contacting tel. 0903 650 691. The concluded Contract shall be archived by the Seller for at least ten years from its conclusion, however, for the longest period according to the relevant legal regulations, for the purpose of its successful fulfillment and is not accessible to third parties. Information about the individual technical steps leading to the conclusion of the Contract is clear from these GBT, where this process is clearly described.

 

2. Supply of goods

2.1 By contract, the seller undertakes to hand over the thing that is the subject of the purchase to the buyer and allows him to acquire title to it, and the buyer undertakes to take over the thing and pay the price to the seller.

2.2 The Seller shall hand over the object of purchase to the Buyer in the agreed quantity, quality and design.

2.3 The goods subject to the Contract shall be delivered within the time limit according to the availability of the goods and the operational possibilities of the Seller after checking the availability of the stock level. The foregoing sentence also applies if the seller's online store lists the usual time of delivery or despatch of goods, as information about such time is only indicative and the definite time of delivery or despatch is determined by the seller according to the availability of the goods and the options inventory level. The goods will be delivered through the carrier designated by the seller. Once the goods have been handed over to the carrier for delivery to the buyer, the buyer will be informed electronically by means of shipment confirmations.

2.4 In case of force majeure or failure of the information system, MOVINO shall not be liable for delayed delivery of goods.

2.5 The Seller shall fulfill its obligation to deliver the goods to the Buyer by sending it through the carrier to the place of delivery specified in the Contract.

2.6 Goods are delivered exclusively within the Slovak Republic.

2.7 If, for any reason, the shipment of the purchased goods would take place in several consignments / stages. In the case of cash on delivery, the transport costs will be reimbursed on receipt of the goods on the first shipment.

2.8 The buyer is obliged to take over the goods at the place specified in the confirmation of dispatch of the goods. In the case of delay in delivery of goods by the seller, the seller is entitled to unilaterally extend the time limit for delivery of goods.

2.9 The Seller shall not be liable for delayed delivery of goods caused by the incorrect address of the Buyer.

2.10 The Buyer is entitled to thoroughly inspect the goods, as well as their packaging, upon their acceptance from the carrier and confirm by their signature the receipt of the goods on the receipt of the goods. In the event that the buyer finds that the goods or packaging of the goods is mechanically damaged, he is obliged to notify the carrier of this fact and, in his presence, check the condition of the goods. In the event that the goods are found to be damaged by the Buyer, the Buyer is obliged to make a record of the extent and nature of the damage (damage record), the correctness of which is confirmed by the carrier.

2.11 If it is not agreed how the item should be packed, the seller shall pack the item as usual; if they are not habits, then in the way necessary to preserve and protect the thing. In the same way, the Seller procures the goods for transport.

3. The price

3.1 The price stated for the offered goods on the website www.movino.sk is stated including the value added tax as well as including other taxes and fees and including the costs related to transport and the way of its payment. The final price will be shown to the buyer in the summary of his order before the moment of placing the order and will be stated in the order receipt.

3.2 The price shall take into account the facts in force at the time of drawing up the tender. The Seller is entitled to adjust this price in the event of a change in the market price, public levies and / or other pricing factors (eg rate of value added tax, introduction of a new type of taxation fees, etc.). The circumstances prevailing on the day of delivery are decisive.

3.3 The Seller shall send the goods invoice or simplified tax document electronically to the Buyer electronically to the email address held by the Buyer in the Customer's account after the conclusion of the Contract.

3.4 Stock prices are valid while stocks last when the number of stock items is specified or for a fixed period of time.

4. Terms of payment

4.1 The Seller accepts the following payment terms:

(a) advance payment (transfer of funds to the seller's bank account on the basis of the invoice sent),

(b) cash on delivery upon receipt of the goods (the carrier receives the funds from the buyer).

4.2 The Seller reserves the right to offer the Buyer only selected payment methods at its sole discretion and to change the payment methods at any time.

4.3 Buyer billing information cannot be changed retroactively after placing an order.

5. Withdrawal from the contract

Withdrawal from the contract by the buyer

5.1 Pursuant to Section 7 of Act No. 102/2014 Coll. on the protection of consumers in the sale of goods or provision of services under a distance contract or a contract concluded outside the seller's premises and amending certain laws, the buyer has the right to withdraw from the contract without giving a reason within 30 days of receipt of goods, that the withdrawal form be sent to the seller within the specified time limit.

5.2 The Buyer shall withdraw from the Purchase Agreement by sending a clearly formulated statement expressing his / her will to withdraw from the Purchase Agreement or by completing the "withdrawal form", preferably with the goods being returned. The buyer can request the document necessary to withdraw from the purchase contract by e-mail to info@movino.sk or tel. 0903 650 691. By requesting the document required for withdrawal pursuant to the previous sentence, the withdrawal from the contract is not effected. After requesting the document required to withdraw from the purchase contract, the buyer will receive by e-mail the necessary document, namely: "withdrawal form", which document must then be sent, preferably with the goods to the appropriate address.

In the event that the buyer does not have the opportunity to request the documents necessary for withdrawal from the purchase contract can use the sample "withdrawal form", which can be downloaded here.

5.3 In case of withdrawal from the Contract, the Buyer shall send the withdrawal from the Contract and the goods to the following address: MOVINO, spol. s r.o., Osloboditelov 66, 990 01 Velky Krtis.

5.4 The Buyer is obliged to return the goods complete, with complete documentation, undamaged, clean, if possible including the original packaging, in the condition and value in which the goods were received, within 14 days from the date of withdrawal from the Contract.

5.5 In the event that the Buyer withdraws from the Contract and delivers goods to the Seller whose value is reduced as a result of the handling of the goods beyond the treatment necessary to ascertain the characteristics and functionality of the goods, the Seller is entitled to compensation from the Buyer of goods and restoration of goods to their original state resp. the seller has the right to demand from the buyer a refund of the impairment of the goods and the buyer is notified of this fact.

5.6 If the Buyer withdraws from the Contract, the Seller shall return the funds to the Buyer no later than 14 days after the delivery of the returned goods. Refunds will be made by transferring funds to the bank account of the buyer. The seller is not obliged to reimburse the buyer for transport costs associated with the return of goods.

5.7 If the Buyer decides to withdraw from the Contract within the specified time limit, it is recommended to expedite the delivery of the goods to the address of the Seller together with the accompanying accompanying letter with a possible reason for withdrawal, the purchase document number and the bank account number.

5.8 In the event that the Buyer fails to fulfill any of its obligations under the GBC above, the withdrawal is not valid and effective and the Seller is not obliged to return all demonstrable payments under the GBC to the Buyer.

Withdrawal from the contract by the seller

5.9 The Seller is entitled to withdraw from the contract due to such serious changes that prevented the performance of the Seller's obligations arising from the Contract or due to force majeure, or if, despite all reasonable efforts to do so, the Seller is unable to to deliver the goods to the buyer within the time limit set by these General Terms and Conditions. The Seller is obliged to immediately inform the Buyer about this fact and to return the already paid price for the goods agreed in the Contract within 14 days from the notice of withdrawal in the same way as the purchase price was paid.

6. Warranty conditions

6.1 If the subject of the sale is wine, the warranty period is 24 months under observance of the storage conditions stipulated by Act no. 313/2009 Coll. on viticulture and winemaking, as amended, t. j. it must be stored and transported in such a way as to ensure that its quality and health safety are maintained.

6.2 In this case, the guarantee letter shall be the invoice for the delivered goods.

6.3 The rights and obligations of the seller under the warranty and the warranty period against persons who are not consumers in accordance with the applicable legislation is governed by Act No. 513/1991 Coll. Commercial Code, as amended.

6.4 The buyer claims the goods on the basis of the completed form "Claim form", preferably with the goods that he returns. The buyer can request the document needed for the complaint by mail to info@movino.sk or tel. 0903 650 691. After requesting the document required for the complaint, the buyer will receive the necessary document by e-mail: "Claim form", which document must be subsequently, preferably with the goods to the appropriate address.

6.5 In the event of a claim, the Buyer shall send the goods to the following address: MOVINO, spol. s r.o., Osloboditelov 66, 990 01 Velky Krtis.

6.6 The Seller is obliged to settle the claim within 14 days of receiving the returned goods and to notify the Buyer about the course and outcome of the claim by e-mail.

7. Retention of title

7.1 The goods remain the property of the seller until the purchase price has been paid in full by the buyer.

7.2 Any use of these goods as a deposit against third parties is excluded without the prior written consent of the seller. The buyer's entitlement to process, use or sell the Goods ends upon the moment of suspension of any payments or the commencement of bankruptcy, restructuring or liquidation. In the case that the subject-matter of goods will be processed, the seller acquires co-ownership of the new goods up to the amount of the booked price of the reserved goods contained therein. The Buyer hereby assigns to the Seller a receivable from the resale of the reserved goods despite the fact that it has been further processed. The buyer is obliged to specify the relevant third parties, who have the status of debtors and to notify them of the assignment, at the request of the seller.

8. Special arrangements

8.1 The Parties undertake to make their declarations regarding the exercise of their rights and fulfill their obligations under the Contract always in writing and to send such declarations to the other Party by e-mail. All e-mails sent by the Parties to each other - for which a receipt is confirmed - shall be deemed to have been received on the date of receipt.

8.2 The Buyer shall notify the Seller in writing of any change in its data (in particular, in its name and surname / company name, domicile, premises, branch office, executive officers, bank account number or tax identification number), at the latest on this change shall take effect. This is without prejudice to the provisions of section 1.2 of these GTC. The Buyer shall be liable for any loss or damage resulting from failure to comply or delay in complying with this obligation.

8.3 The Buyer is obliged, at the request of the Seller, to provide the Seller with true identification data relating to the Buyer within 7 days from the date of delivery of the Seller's request to the Buyer.

9. Processing of personal data

More information can be found in OOÚ - e-shop..

10. Final provisions

10.1 If any provision of these GTC is or becomes invalid or unenforceable in any respect, the validity and enforceability of the remaining provisions of these GTC shall not be affected or impaired. The Contracting Parties hereby undertake to negotiate the replacement of any invalid or unenforceable provision by a new provision, as close as possible to the meaning of those invalid or unenforceable provisions replacing them. The above is without prejudice to the seller's right to change these GBTC in accordance with the procedure under point 10.10 hereof.

10.2 The Seller is entitled to assign or transfer this Agreement or its part, as well as individual rights and obligations arising from the Agreement to a third party, and is obliged to notify the Buyer in writing in advance. By signing the Agreement, the Buyer gives its irrevocable consent to such assignment or transfer.

10.3 The Buyer is not entitled to assign or transfer the Contract or any part thereof or individual rights and obligations arising from the Contract to a third party without the prior written consent of the Seller.

10.4 Legal relations not expressly provided for in the GBC or in the Contract shall be governed by the relevant provisions of the Civil Code, as well as other relevant generally binding legal regulations of the Slovak Republic.

10.5 The Buyer has the right to out-of-court settlement of disputes arising from the Contract and may, in this matter, apply for alternative dispute resolution to the relevant entity, which is the Slovak Trade Inspection or Legal Entity registered in the list of ADR entities maintained by the Ministry of Economy of the Slovak Republic.

10.6 The Parties agree that all disputes arising out of or in connection with the Agreement arising between them shall preferably be settled by mutual agreement (extrajudicial settlement). In the event that no agreement is reached between the Parties, the disputes shall be settled definitively by the court with jurisdiction in accordance with the registered office of the defendant within the meaning of Act No. 160/2015 Coll. Civil Procedure Code, as amended.

10.7 The Contract may only be amended by written agreement of both Parties.

 

10.8 These GTC shall apply unless expressly agreed otherwise in writing between the Parties or unless otherwise specified in the relevant legislation. The special conditions specified in the Contract shall take precedence over the provisions of these GTC. These GTC shall also apply if the Buyer's orders specify otherwise, except that these have been acknowledged in writing by the Seller.

10.9 By confirming the "Order with payment obligation" button before placing the order, the Buyer expresses that he / she has become acquainted with these GTC, fully understood their content and that he / she agrees with them.

10.10 MOVINO is entitled to unilaterally amend these GTC at any time. The new updated version of the GTC supersedes the previous version and becomes effective on the day of its publication on the MOVINO website (applicable if the GTC is published on this MOVINO website), or

In Veľký Krtíš, 13.11.2019.

 

 

Alternative dispute resolution

1. The buyer has the right to ask the seller for redress if he / she feels that the seller has violated his / her rights or failed to settle the claim to the satisfaction of the consumer. If the seller has replied to his / her request for remedy of the violation of his / her consumer rights, or has not responded to his / her request for more than 30 days, the consumer can file an alternative dispute resolution subject. on alternative dispute resolution. According to §3 of Act 391/2015 Coll. ADR entities are bodies and authorized legal entities. The consumer has the right to choose between ADR entities. The consumer may submit a petition in a manner determined pursuant to Section 12 of Act No. 391 / 2015Z.z.
2. A list of ADR entities can be found on the website of the Ministry of Economy of the Slovak Republic - http://www.mhsr.sk/. This page also provides other important information on ADR for consumers.
3. In the case of the sale of goods or services under a distance or off-premises contract of the seller, the consumer also has the right to contact the seller with a request for redress (by email at movino@movino.sk) if he is not satisfied with in the manner in which the seller has settled his claim or if he considers that the seller has violated his rights. If the Seller refuses to respond to this request or fails to respond within 30 days of its dispatch, the consumer has the right to file an alternative dispute resolution entity (ADR entity) pursuant to Act 391/2015 Coll. ADR entities are bodies and authorized legal entities pursuant to Section 3 of Act No. 391/2015 Coll. The petition may be submitted by the consumer in the manner specified pursuant to §12 of Act 391/2015 Coll. The consumer can also submit a proposal through the Alternative Dispute Resolution ODR platform available online at http://ec.europa.eu/consumers/odr/.
4. Only disputes arising from the contract between the seller and the consumer and related disputes may be settled by the ADR form, with the exception of disputes under the provisions of Art. § 1 par. 4 of Act no. 391/2015 Coll. and disputes of less than € 20. An application to initiate an ADR is submitted to an ADR entity under Art. Section 3 of the quoted Act, with the help of a platform or a form designated for this purpose, a specimen of which is attached to Annex no. 1 of cited act. An ADR entity may require the consumer to pay a fee for starting an ADR, up to a maximum of EUR 5 with VAT. Where several ADR entities are competent, the consumer shall have the right to choose which of them to propose. In addition to ADR, the consumer has the right to apply to the substantive and locally competent general or arbitral tribunal.