General Terms and Conditions
General Terms and Conditions
FOR ONLINE SHOP
The operator of the online shop located on the portals www.zingidrink.com
and www.zingiforte.com
is:
Business name: HELIX Co. s.r.o.
Headquarters: Južná trieda 82, Košice - city district Juh, 040 17
ID: 51779749
VAT NUMBER: 2120782763
VAT NUMBER: SK2120782763
Registered: in the Commercial Register of the Municipal Court of Košice, Section Sro, Insert No. 44135/V
E-mail: in**@********nk.com
SUPERVISORY AND OVERSIGHT AUTHORITY:
Slovak Trade Inspection Authority
SOI Inspectorate for the Košice Region
Vrátna 3, P. O. BOX A-35, 040 65 Košice 1
Supervision Department
tel. 051/772 15 97
e-mail: in**@*oi.sk
Regional Veterinary and Food Administration Košice city
Hlinkova 1/c, 040 01 Košice city
tel. +421557961812, 0915694010
e-mail: ri*********@**ps.sk
For the purposes of these General Terms and Conditions:
Seller – HELIX Co. s r.o., Južná trieda 82, 040 17 Košice – Juh, Company ID: 51 779 749,
The Buyer is any natural and legal person who has concluded a purchase contract with the Seller through an online store, i.e. exclusively through a means of remote communication using the Seller's website.
A consumer is any natural person who, when concluding and performing a consumer contract, is not acting within the scope of his or her trade or other business activity.
The Contract is a contract of sale concluded between the Seller and the Buyer through the online shop located on the portal www.zingidrink.com , www.zingidrink-eshop.com
An order is an act of the Buyer made when purchasing goods through the E-shop, which expresses the Buyer's will to buy goods in the online store.
I. 18 years of age requirement
Visitors under the age of 18 are not eligible to purchase the Seller's products, which are alcoholic beverages, and must leave the Site.
If there is any doubt as to the age of the purchaser, the purchaser of the alcoholic beverage is obliged to prove to the seller or carrier (courier) that he/she has reached the age of 18 years, otherwise the seller or carrier (courier) is obliged to refuse delivery of the goods.
II. Subject matter of the order and the procedure for its creation
The subject of the order may only be the goods listed on the website in question, where the main characteristics of the goods and the price of the goods, including VAT for each individual good, are also listed.
The Buyer orders the goods from the Seller by placing an Order via the E-shop, at the purchase price valid at the time of ordering the goods.
Placing an order is not conditional on the customer registering for a customer account.
The total price of the goods, including VAT and including shipping costs, is displayed when you create your order. After the order is placed, the buyer is sent an e-mail confirming receipt of the order.
Upon receipt of the order confirmation, the purchase contract is deemed to be concluded.
If services are ordered by the buyer-consumer, then by agreeing to these GTC he agrees that they will be provided to him before the expiry of the statutory period for withdrawal from the purchase contract.
The buyer is obliged to fill in the order truthfully with the mandatory data, which serve for the correct delivery of the ordered goods and the issuance of the tax document.
If the Buyer orders more pieces of goods than the currently available quantity of these goods in the Seller's warehouse, the e-shop will not allow to create an order.
III. Date of dispatch of goods
The buyer can choose the method of delivery of the goods when creating the order.
The Seller undertakes to deliver the ordered goods to the Buyer on condition that the ordered goods are in stock, always no later than 5 working days from the date of ordering the goods, if payment of the price by cash on delivery is chosen, and within 5 working days from the date of payment of the price of the ordered goods, if payment of the price by transfer to the Seller's bank account or by credit card is chosen.
IV. Obligations of the Seller
The Seller undertakes to deliver the type and quantity of goods on the basis of the Buyer's order at the price valid at the time of the order and under the agreed payment terms. To send the ordered goods adequately packed to the Buyer at the delivery address specified by the Buyer.
V. Obligations of the Buyer
The Buyer undertakes:
to provide only truthful information in the order or in the registration, so that the ordered goods can be delivered correctly and on time.
immediately upon delivery of the goods, check the goods, their packaging, number of packages, integrity. If the Buyer discovers a defect (i.e. the goods or the packaging of the goods is damaged or incomplete), he is obliged to notify the carrier and to draw up a record of the extent and nature of the damage to the goods, the accuracy of which shall be confirmed by the carrier. On the basis of the record of the damage to the goods so made, the Buyer may refuse to accept the goods which are defective, or may accept the goods and subsequently claim the goods against the Seller. If the Buyer discovers a defect in the goods after taking delivery of the goods, the Buyer shall immediately notify the Seller of such defect.
pay the purchase price for the goods in full, within the due date. The ordered goods become the property of the buyer upon full payment of the price of the goods. In the event of non-acceptance of the ordered goods, the Seller shall be entitled to claim damages against the Buyer, including loss of profit.
VI. Method of payment
The buyer can choose the method of payment for the goods when creating the order.
If the Buyer chooses as a method of payment of the price a transfer to the Seller's bank account or payment by card, the Buyer is obliged to pay the price of the goods to the Seller no later than 5 working days from the date of dispatch of the order.
VII. Withdrawal from the contract by the consumer
Pursuant to Section 7 of the Act on Consumer Protection in the Sale of Goods or the Provision of Services under a Distance Contract or a Contract Concluded Outside the Seller's Premises (Act No. 102/2014 Coll.), if the buyer is a consumer, he/she has the right to withdraw from the contract without giving any reason within 14 days from the receipt of the goods.
The goods are deemed to have been taken over by the consumer at the moment when:
You or a third party appointed by you, excluding the carrier, will take delivery of the goods,
where the goods ordered by the consumer in a single order are delivered separately, when you or a third party appointed by you, other than the carrier, take delivery of the goods which have been delivered last
if the goods are delivered in several parts or pieces, when you or a third party designated by you, excluding the carrier, take delivery of the last part or piece
if the goods are delivered repeatedly over a specified period, when you or a third party appointed by you, other than the carrier, take delivery of the first goods delivered.
The consumer may also withdraw from the contract, the subject of which is the delivery of goods, before the withdrawal period has started.
The consumer exercises his right to withdraw from the contract according to point 1 of this article of the GTC in the following way:
in writing at the Seller's registered office or
by e-mail at in**@********nk.com
The consumer is obliged to send the goods back to the seller's address or hand them over to the seller or a person authorized by the seller to take over the goods within 14 days from the date of withdrawal from the contract at the latest.
When withdrawing from the contract, the consumer shall bear the cost of returning the goods, including the cost of returning goods that cannot be returned by post due to their nature.
The consumer has the right to unpack and test the goods in a manner appropriate to determine the nature, characteristics and functionality of the goods after receipt of the goods within the withdrawal period. The consumer shall only be liable for any diminution in the value of the goods resulting from handling them in a manner other than that necessary to ascertain the nature, characteristics and functionality of the goods. Returned goods must not be damaged, must be complete and must be sent to the Seller with proof of purchase.
The Seller shall, within 14 days from the date of receipt of the Consumer's withdrawal from the Contract, refund to the Consumer all payments received from the Consumer under or in connection with the Contract, including transport, delivery and postage costs and other costs and charges. The seller shall return those payments to the consumer in the same manner as was used by the consumer to pay for the goods, unless the consumer and the seller agree otherwise. The seller is not obliged to refund the consumer before the goods are delivered to the consumer or the consumer proves that the goods have been sent back to the seller.
The consumer may not withdraw from a contract, the subject of which is:
the provision of the service, if the provision of the service has been started with the express consent of the consumer and the consumer has declared that he has been duly informed that by expressing such consent he loses the right to withdraw from the contract once the service has been fully provided, and if the service has been fully provided,
the sale of goods or the provision of services, the price of which depends on price movements in the financial market which are beyond the seller's control and which may occur during the withdrawal period,
the sale of goods made to the consumer's specific requirements, made-to-measure goods or goods designed specifically for a single consumer,
the sale of goods which are subject to rapid deterioration or perishability,
the sale of goods enclosed in protective packaging which are not suitable for return for health or hygiene reasons and whose protective packaging has been damaged after delivery,
the sale of goods which, because of their nature, may be inextricably mixed with other goods after delivery,
the sale of alcoholic beverages, the price of which has been agreed at the time of the conclusion of the contract, the delivery of which can take place at the earliest after 30 days and the price of which depends on price movements on the market which are beyond the control of the seller,
the performance of urgent repairs or maintenance expressly requested by the consumer from the seller; this does not apply to service contracts and contracts for the sale of goods other than spare parts necessary for the performance of repairs or maintenance, if they were concluded during the seller's visit to the consumer and the consumer did not order the services or goods in advance,
the sale of sound recordings, visual recordings, phonograms, books or computer software sold in protective packaging, if the consumer has unwrapped the packaging,
sale of periodicals, except for sales under subscription agreements and sales of books not supplied in protective packaging,
the provision of accommodation services for purposes other than accommodation, the transport of goods, the hiring of cars, the provision of catering services or the provision of services related to leisure activities and under which the seller undertakes to provide these services at the agreed time or within the agreed period,
the provision of electronic content otherwise than on a tangible medium, where the provision of the electronic content has been initiated with the express consent of the consumer and the consumer has declared that he has been duly informed that he loses the right of withdrawal by expressing that consent.
VIII. Consumer Complaints - Complaints Procedure
The consumer as a buyer has the right to claim a defect found in the purchased goods.
The Seller shall be liable for defects that the goods have upon receipt by the consumer and for defects that occur in the goods during the warranty period. In the case of goods sold at a lower price, the seller is not liable for the defect for which the lower price was negotiated.
Alteration of the goods that has occurred during the warranty period, due to wear and tear, improper use, improper storage or tampering, cannot be considered a defect.
The consumer is obliged to claim the right to claim a defect in the goods upon receipt or after the time of receipt from the Seller without undue delay, but no later than the expiry of the warranty period. If the consumer does not exercise his right to claim a defect with the seller within the warranty period, this right shall be extinguished.
If the buyer proves that he was delivered the wrong goods or the purchased goods were delivered to him in poor quality or quantity, he is entitled to a free repair of the goods (provided that the repair of the goods is possible), replacement of the goods, or refund (withdrawal from the contract), or a reasonable discount on the price, under the conditions and in accordance with the provisions of Sections 622 and 623 of Act No. 40/1964 Coll. of the Civil Code. The Buyer shall bear the costs of returning the claimed goods if the Buyer fails to notify the Seller of the right to reimbursement within 24 months of receipt of the goods.
Complaints (as well as any complaints or other suggestions of the buyer - consumer) can be applied:
by e-mail(in**@********nk.com)
by mail to the address of the e-shop operator's registered office: Cottbuská 36, 040 23 Košice – KVP)
When making a claim, the consumer is obliged to provide the seller with data as requested by the seller, from which it is undoubtedly evident that the goods were purchased from the seller and that the warranty period provided by the seller for claiming its defect has not yet expired.
The consumer is also obliged to present or deliver the claimed goods to the Seller when claiming or immediately after claiming, otherwise the Seller will not be able to assess the legitimacy of the claim and will evaluate it as unjustified.
Once the method of handling the complaint has been determined, the complaint shall be handled immediately; in justified cases, the complaint may also be handled later; however, the handling of the complaint shall not take longer than 30 days from the date of the complaint. After the expiry of the period for processing the complaint, the buyer-consumer has the right to withdraw from the purchase contract or has the right to exchange the goods for new goods.
The Seller shall issue a confirmation of the claim to the Buyer - Consumer when the claim is made. If the claim is made by means of remote communication, the Seller is obliged to deliver the confirmation of the claim immediately; if it is not possible to deliver the confirmation immediately, the Seller shall deliver it without undue delay, but at the latest together with the proof of the claim; the confirmation of the claim does not have to be delivered if the Buyer-Consumer has the possibility to prove the claim in another way. The acknowledgement of receipt of the complaint shall contain, inter alia, the identification of the Seller and the Buyer-Consumer, what is the content of the complaint according to the Buyer-Consumer, what method of handling the complaint is requested, the date and place of receipt of the complaint and the signature of the Seller's employee.
If the buyer-consumer has made a claim for goods within the first 12 months from the conclusion of the purchase contract, the seller may only reject the claim on the basis of a professional assessment. Regardless of the result of the expert assessment, the Seller may not require the Buyer-Consumer to pay the costs of the expert assessment of the goods or other costs related to the expert assessment of the goods. The Seller shall provide the Buyer-Consumer with a copy of the professional assessment justifying the rejection of the complaint within 14 days of the date of the complaint.
If the consumer has filed a claim after 12 months from the conclusion of the purchase contract and the seller has rejected it, the person who has settled the claim is obliged to indicate in the document on the settlement of the claim to whom the buyer - consumer can send the goods for professional assessment. If the consumer sends the goods to the designated person indicated in the complaint document for expert assessment, the costs of the expert assessment of the goods as well as all other related costs reasonably incurred shall be borne by the seller regardless of the outcome of the expert assessment. If the consumer proves through the professional assessment that the seller is liable for the claimed defect of the goods, the consumer may reassert the claim; the warranty period shall not expire while the professional assessment of the goods is being carried out. The Seller is obliged to reimburse the Consumer within 14 days from the date of the reasserted claim for all costs incurred for the professional assessment of the goods, as well as all related costs reasonably incurred. A reasserted claim cannot be rejected.
The Seller is obliged to inform the Consumer that the complaint has been settled and in what manner, to the e-mail address provided in the complaint or through other contact details, according to which it will be possible to notify the Buyer of the settlement of the complaint. In this notification, the seller shall indicate the time limit for collecting the goods complained of. The Seller is obliged to issue a written proof of the complaint no later than 30 days from the date of the complaint.
A complaint is considered unjustified if the consumer claims defects in the goods that do not arise from the contractual relationship between the seller and the consumer, are contrary to generally binding legislation or good morals, the facts that the consumer states in his complaint are not based on the truth, or if such a complaint is made after the expiry of the warranty period, or if the consumer at the complaint, or immediately after it is made, did not present the seller with the claimed goods, or did not prove the existence of a defect in another credible way.
IX. Warranty
Every good sold in the case of a contract concluded with a consumer is subject to the statutory warranty period, unless otherwise specified in the goods. The warranty period starts from the date of receipt of the goods.
X. Prices
The seller is a VAT payer. All prices of goods listed on the site are inclusive of VAT. The prices listed on our website are valid at the time of ordering the goods. The cost of shipping the goods to the buyer will be added to the price of the ordered goods. The purchase price will be deemed to have been paid upon payment on delivery or credit to the Seller's account. The Seller reserves the right of ownership of the goods until the purchase price is paid in full.
XI. Alternative Dispute Resolution
The Buyer, who is a consumer, has the right to contact the Seller with a request for redress (by e-mail to in**@********nk.com) if he is not satisfied with the way in which the Seller has handled his complaint or if he believes that the Seller has violated his rights. If the Seller responds to this request in a negative manner or fails to respond within 30 days of sending it, the consumer has the right to submit a proposal for the initiation of an alternative dispute resolution to an alternative dispute resolution entity (hereinafter referred to as ADR) pursuant to Act 391/2015 Coll. on Alternative Dispute Resolution for Consumer Disputes and on Amendments and Additions to Certain Acts. ADR entities are bodies and authorised legal persons pursuant to §3 of Act 391/2015 Coll. The consumer may submit a proposal in the manner determined pursuant to §12 of Act 391/2015 Coll. The list of ADR entities can be found on the website of the Ministry of Economy of the Slovak Republic http://www.economy.gov.sk/obchod/ochrana-spotrebitela/alternativne-riesenie-spotrebitelskych-sporov-1/zoznam-subjektov-alternativneho-riesenia-spotrebitelskych-sporov.
Consumers can also lodge a complaint via the RSO's alternative dispute resolution platform, which is available online at
https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=SK.
Only the consumer can use alternative dispute resolution. Alternative Dispute Resolution applies only to a dispute between a consumer and a seller arising out of or relating to a consumer contract. Alternative dispute resolution applies only to distance contracts. Alternative dispute resolution does not apply to disputes where the value of the dispute does not exceed EUR 20. The ADR entity may require the consumer to pay a fee for the initiation of ADR up to a maximum of EUR 5 including VAT.
XII. Final Provisions
The Seller is not bound by any codes of conduct in relation to the Buyer within the meaning of Section 3(1)(n) of Act No. 102/2014 Coll. on consumer protection in the sale of goods or provision of services under a distance contract or a contract concluded outside the seller's business premises.
All arrangements between the Seller and the Buyer shall be governed by the laws of the Slovak Republic.
The Seller is entitled to unilaterally change these terms and conditions at any time.
If the buyer is a consumer, the legal relationship between the buyer and the seller, in particular the rights and obligations not regulated by the contract or these terms and conditions, shall be governed primarily by the relevant provisions of Act No. 40/1964 Coll., the Civil Code, Act No. 250/2007 Coll., on Consumer Protection and Act No. 102/2014 Coll., on Consumer Protection. on consumer protection in the sale of goods or provision of services under a distance contract or a contract concluded outside the seller's business premises.
If the buyer is not a consumer, the legal relationship between the buyer and the seller, in particular the rights and obligations not regulated by the contract or these terms and conditions, shall be governed primarily by the relevant provisions of Act No. 513/1991 Coll., the Commercial Code.