Terms and conditions

General Terms and Conditions of EBENICA COFFEE s.r.o., Šúrska 136, 900 01 Modra, registration number: 45 266 077, registered in Business Register of District Court of Bratislava I, section Sro, Insert No: 61237/B, for sales contracts concluded through e-shop.

Art. 1
Basic provisions

1. All contractual relations between the seller and the buyer are governed by the law of the Slovak Republic. Where a contracting party is a consumer, the relationship governed by the terms and conditions by Act no 40/1964 No., Civil Code, as amended (hereinafter referred to as “The Civil Code”), Act No 250/2007 Coll., on consumer Protection, as amended (hereinafter referred to as “Consumer Protection Act”) and Act No 102/2014 Coll., on consumer protection in the sale of goods or services under a distance or contract concluded off-premises of he seller and amending and supplementing certain acts as amended. If a contracting party is an entrepreneur, the relationship is governed by the non-regulated terms and conditions by Act No. 513/1991 ECR., the Commercial Code, as amended.

2. The service provider is the company EBENICA COFFEE s.r.o., with registered office in Šúrska 136, 900 01 Modra, registration number: 45 266 077, VAT ID: SK2022913981 registered in Business Register of District Court of Bratislava I, section Sro, Insert No: 61237/B, (hereinafter referred to as “the supplier”).

3. The supplier publishes a list of the goods offered to the customer and allows the customer to order the goods via the application at the Internet address www.ebenica.sk (hereinafter referred to as e-shop). These Terms and Conditions are bound to purchases in e-shop. By submitting an order via e-shop, the customer expresses that they have read the full text of General Terms and Conditions, understood their content and all conditions and that they agree with them.

4. The purchase of goods through e-shop can be made by natural persons and legal entities regardless of legal form.

5. Supervisory Authority: Slovak Trade Inspection (SOI), SOI Inspectorate for Bratislava Region, Prievozská 32, P.O. Box 5,820 07 Bratislava 27, Department of Surveillance, technical control of products and consumer protection, tel.: 02/ 58272 172; 02/58272 104

Art. 2
Information about goods and price

1. The products and their prices are displayed and updated on the website: www.ebenica.com.

2. All prices include 20% VAT, unless otherwise stated. Any other items are listed separately.

3. The price of transport is within the Slovak Republic.

Art. 3
Ordering goods

1. The customer orders the goods listed in the e-shop catalogue by clicking on the selected product, placing it into the cart and sending the order.

2. Sending an order is subject to confirmation of the GTC and processing of personal data.

3. . After sending the order, the customer will be sent an email confirming the inclusion of the order for processing.

Art. 4
Preparation of products for shipping and delivery of products

1. After verifying the availability of the goods and valid prices, the supplier will prepare the order for the customer for shipping. Subsequently, the goods will be sent to the customer together with the invoice to the address indicated as the delivery address.

Art. 5
Price and payment terms

1. The price is agreed by entering the customer’s order, including 20% VAT and any other items.

2. The customer must pay the ordered goods the full amount in one of the following ways:
a) with cash on delivery- paying the full amount for the goods to the courier company or (Slovak post) Slovenská pošta,
b) with credit card,
c) with bank transfer to the supplier’s bank account,
d) by cash during personal collection of the parcel.
3. Proof of sale is an invoice attached to each consignment, which also serves as a delivery and guarantee letter.

Art. 6
Delivery date

1. The delivery date of the ordered goods is usually within 5 working days from the order approval, unless agreed otherwise with the customer.

Art. 7
Sales contract, withdrawal from the sales contract

1. The Supplier shall issue an invoice about the conclusion of the sales contract according to the previous provisions of the Terms and Conditions. After the invoice is issued, the goods will be sent to the customer together with this tax document, which the customer is obliged to submit in case of a claim.

2. The customer has the right to withdraw from the sales contract under the conditions according to the Consumer Protection Act in doorstep selling and mail order sale and also under the conditions laid down by the Civil Code.

3. The returned goods must be complete and not damaged. It cannot bear signs of inappropriate or excessive use. The goods must be returned with all accessories and in their original packaging together with the invoice.

4. In the case of a valid and effective withdrawal from the contract, the supplier is obliged to return the price paid for the goods to the customer no later than 15 days from the date of withdrawal.

5. The customer may exercise his right of withdrawal in accordance with the applicable legislation in writing, via e-mail at ebenica@ebenica.com. The right of withdrawal cannot be exercised by telephone or by sending an SMS message.

Art. 8
Binding offer, order cancellation

1. The supplier is bound by the offer including the price of the goods from the order confirmation by the customer to the expiry of the delivery period agreed with the customer.

2. The supplier has the right to cancel the order if, due to sellout or unavailability of the goods and after making every effort that can be fairly demanded from him, he is unable to deliver the goods to the customer within the time limit specified in these Terms and Conditions or will not otherwise agree with the customer.

3. The customer will be informed by email about the cancellation of the order, the supplier shall, without undue delay, return the amount paid for the ordered goods.

Art. 9
Liability for defects and warranty

1. The supplier’s warranty for the goods sold is governed by the provisions of the Civil Code and begins from receipt of the item by the customer.

2. The warranty period for all persons using the product for the purpose of doing business or trade in the product is not set by the Civil Code and is set by the specific importer or manufacturer. The warranty period stated on our website is intended solely for consumers, not for entrepreneurs who buy goods in the course of their business activities (purchase on the Company Registration Number).

3. The customer claims the defects of purchased goods from the supplier in written form at the supplier’s address: ebenica@ebenica.com. The buyer also submits invoice to the complaint.

4. The warranty claim of the seller by the buyer expires:
a) failure to report any obvious defects in the delivery of the goods and to write report with the courier about quantity defects, mechanical damage of the goods,
b) expiration of the warranty period of the goods,
c) mechanical damage of goods caused by the buyer,
d)  use of the goods in conditions which do not correspond to their natural environment due to their moisture, chemical and mechanical influences,
e) improper handling, servicing or neglecting caring about the goods,
f) damage of goods by excessive loading or usage contrary to common practice, general principles, technical standards or regulations valid in the Slovak Republic,
g) damage of goods by unavoidable or unforeseen events,
h) damage of goods by accidental destruction,
i) unprofessional intervention, damage during transport (unless the buyer did not apply complaint at the delivery and did not submit a report written by the courier about the defects)
j) by interfering with the goods by an unauthorized person.

Art. 10
Delivery conditions

1. Unless agreed otherwise, the supplier undertakes to deliver the goods no later than 5 working days from the confirmation e-mail of the order sent to the customer.

2. When delivering the goods by courier, the customer undertakes to open the delivered shipment in front of the courier and see if its content is complete and not damaged. In case that he finds incomplete or damaged shipment, he writes a report it with the courier. The complaint can be applied directly with the consignor and confirmed via e-mail. The customer is obliged to unpack the goods immediately after the delivery of the shipment and to check whether it is not mechanically damaged. In the case of mechanical damage, he undertakes to inform the supplier without delay. Later claims of mechanical damage, apparent at delivery and quantity errors will not be taken into account.

3. If the customer finds a hidden defect after the delivery of the goods and because he did not write report about the error at the delivery as the defect was not visible, he can claim such hidden defect, which was not visible at the delivery in written form at the supplier’s address: ebenica@ebenica.com. In case when the supplier accepts the complaint, the latter shall ensure the receipt of the consignment at its own expense and shall handle the complaint in accordance with the complaint procedure.

4. If the customer refuses to accept the properly shipped goods, he is obliged to pay the costs incurred for the supplier when he tries to deliver the goods to the customer.

5. The customer acknowledges that the supplier’s recommendation regarding the storage of goods (coffee) complies with the relevant legislation and regulations applicable in the Slovak Republic, as follows: Coffee should be stored in a dry and dark place, away from air, moisture and light.

6. The supplier recommends that appropriate brewing procedures are followed when preparing coffee beverages. For preparation, the supplier recommends the use of quality coffee, ideally fresh bean or ground and drinking, mostly hot water at 80-96 °C. If a coffee machine or other device is used, the supplier recommends that you follow the manufacturer’s instructions.

Art. 11
Processing of personal data

The treatment of buyers’ personal data is subject to privacy legislation, in particular EU Regulation 2016/679. The processing of your personal data is governed by the privacy policy.

1. The supplier collects the customer’s personal data solely for the fulfilment of his/her obligations to the customer, especially when issuing an invoice, contacting the customer and shipping the ordered goods. The supplier shall be liable for the personal data of the customer to be used for other purposes, in particular the personal data shall not be made available to third parties (except for the extent necessary to deliver the goods).

2. The supplier collects the customer’s personal data in the following range: first name, surname, e-mail address, company name, billing address, delivery address, telephone number, registration number, TIN, VAT ID.

3. In the case that the customer on the website of EBENICA COFFEE s.r.o. requests the sending of up-to-date information about the supplier’s offer; it will happen through sending to the e-mail address of the customer. The customer may request to cancel this service by e-mail at ebenica@ebenica.com.

4. By placing the order and confirming Terms and Conditions, also grants consent to the processing of his personal data within the scope of this provision of the Terms and Conditions.

Supplier:
EBENICA COFFEE s.r.o., Šúrska 136, 900 01 Modra, registration number: 45 266 077, VAT ID: SK2022913981, registered in Business Register of District Court of Bratislava I, section Sro, Insert No: 61237/B