General Terms
The Gutenbrew online store (hereinafter also the "store") is managed by DIPA d.o.o., Pernetova 11, 1236 Trzin, registration number: 8035822000, tax number: 33006750, (hereinafter also "seller"). The general terms and conditions of operation determine the functioning of the online store, the rights and obligations of the user and the store and regulate the business relationship between the seller and the buyer. The buyer is bound by the general terms and conditions valid at the time of the purchase (delivery of the online order). When making the order, the buyer is warned of the general conditions of business and confirms his acquaintance with the award of the contract.
1. Validity of general business conditions.
General Terms and Conditions govern the relationship between the buyer and the buyer, or any person who buys the product offered on the website www.gutenbrew.eu or directly in its headquarters (hereinafter referred to as the "buyer"). The General Terms, Conditions, the warranty terms of the online site www.gutenbrew.eu, and the provisions of the relevant legislation govern the legal relations between the Seller and the Buyer. The product is intended for normal household use. The product is not intended for professional use for commercial purposes. In so far as it is used for professional (commercial) purposes, it is not subject to the provisions of Article 9. "Withdrawal from the sales contract" of the General Business Conditions and the terms of the warranty conditions.
2. The order of the product and the conclusion of a sales contract
a.) The customer orders the product through a filled-in electronic form on the web site of the online store manager or via the sent electronic (email) message (hereinafter referred to as "the order").
b.) The order is deemed to be sent if the Seller receives it and if it contains all the required information, that is, the address for the invoice and delivery address, the e-mail address, the telephone contact of the subscriber, the name of the ordered product, the quantity, the method of payment and delivery method. The sent order is a proposal for the conclusion of a sales contract by the Buyer. c.) By sending the order, the Buyer undertakes to buy and can only be withdrawn in case the Seller sends an email with the order confirmation to the Buyer.
d.) The sent order will be processed and the receipt of the order will be confirmed by the Seller via the email provided by the Buyer when registering. Additional information on the order will be sent to the Purchaser if necessary.
e.) The Seller sends the Purchaser, an order confirmation to the email, which the Buyer stated on the order. At the same time, the Buyer will also receive information on the receipt of the order (hereinafter referred to as the "certificate"). The Seller reserves the right to require, in certain cases, additional documents required by the Buyer to confirm the order.
f.) The sales contract is concluded with a sent email to the buyer, which contains a confirmed order from the Seller.
g.) The Seller may at any time request additional requirements depending on the nature of the order received from the Buyer - quantity of products, price level, transport costs, distances and similar, from the Buyer authorization (additional confirmation) of the order, for example in written or telephone form. If the Buyer does not provide or reject this authorization (additional confirmation) in the requested form within a specified time, the sales contract will be completely terminated after the expiration of the specified period. The contracting parties are obliged to return everything that was delivered before the cancellation of the contract. h.) The Seller reserves the right not to send Customer's order confirmation to the Customer in the event of a possible printing error that relates to the price, description or images in the catalog of products listed on the Seller's website. i.) The prices on the website are retail prices for customers and are indicated in EUR - EUR. All actions are valid until the sale of stocks, unless otherwise stated in the specific product. The delivery price is shown on the website at the time of order creation. Packages are sent via delivery companies and with the delivery of the seller. Each consignment is accompanied by a Warranty Card. Tax document - the invoice is sent electronically to the Buyer's e-mail address. In the case of personal pick-up, you can take these documents personally together with the product.
3. Payment terms.
The Buyer's payment for the delivery of a product or service from the Seller is realized as follows: · Payment by delivery via the delivery company, · Bank transfer based on an invoice or offer with a fixed payment date, · Advance payment via bank transfer on the basis of the prepayment. · Payment with VISA, VISA Electron, MasterCard and Diners Club payment and credit cards In all cases, in advance payment, it is considered that the takeover or delivery of the order is enabled to the Buyer only after the entire amount of the purchase price in the current account of the Seller. In the event that the Buyer has paid the purchase price in advance and the Seller can not provide delivery of the product, the Seller returns the paid amount to the Buyer for up to 14 days from the day the Purchaser has notified his decision. The amount is returned to the Buyer's current account, the information (IBAN and SWIFT) on the current account must be communicated via email.
4. Delivery terms
The delivery deadline is informative, the delay is not considered a gross violation of the contract. In the event of any obstacle, when the product is delivered, the Buyer must notify the Seller of the delay and agree on a further procedure. The period of delivery shall be extended for as long as the Buyer is late in fulfilling his contractual obligations in relation to the Seller in respect of that same contract. The delivery price is always indicated on www.gutenbrew.si. The seller agrees to change the delivery price based on product parameters (dimension, weight, characteristic). In the event that the Purchaser does not accept the ordered package, it is obliged to pay all the costs incurred by the Seller. The buyer acknowledges and agrees: if after receiving the order confirmation from the Seller via e-mail, the customer does not accept the package from the delivery service without prior written cancellation of the contract, the Seller may claim compensation for any damages in the amount of the actual costs of the unsuccessful attempt to deliver the order. The buyer is obliged to contact the seller in case of delay with delivery for more than 5 working days from the scheduled delivery time. It may happen that the postman or the deliverer fails to fill out a ticket and saves the parcel at the post office or at the delivery company, without informing the Buyer of the latter.
5. Delay in the receipt of paid goods
If the agreed personal takeover does not take over the paid goods more than 5 working days from the agreed takeover deadline, the Seller is entitled to store the goods at the risk and costs of the Buyer. The buyer is obliged to pay to the seller a monthly flat-rate amount of EUR 50 for the storage costs of the goods until it is taken over, unless otherwise agreed.
6. Quantity of goods for delivery
If the Purchaser discovers any difference in the quantity of ordered and delivered goods or any damage to the goods, it shall be obliged to notify the Seller in writing immediately, or at least 24 (in word: twenty-four) hours after the receipt of the shipment. As a written form, the letter is deemed to be sent by registered mail or verified email. Any subsequent claims regarding the quantity and possible damage to the consignment as referred to in point 6 will not be taken into account.
7. Avoiding the source of damage to goods
The risk of damage to goods passes from the Seller to the Buyer at the moment the goods were taken over by the Buyer. The buyer is obliged to carefully inspect the goods at the takeover and to immediately report the damage or failure of the goods directly to the Delivery Company. If the Buyer does not advertise a damaged shipment at the supplier, then it makes photo documentation (makes photographs with a digital camera) of any damage to goods during transport, and informs the Seller at latest in 24 (in word: twenty-four) hours from receipt of the goods. The Seller will advertise the damage caused by the delivery company. The buyer is obliged to present damaged goods to the delivery company in the further reclamation procedure. If the buyer does not do all the steps and steps required, the damaged goods can be advertised only with the delivery company and this process will be carried out exclusively between them. In the event that the claim was acknowledged and that it was confirmed that the damage occurred in the transport, the Buyer will receive a new identical product.
8. Canceling the order
Order Cancel by Buyer: The buyer has the right to cancel the order without giving a reason before the final certificate, and in the event that the Seller cannot guarantee for timely delivery for various reasons. In the event that the Buyer has canceled the already processed and confirmed order, the Seller is entitled to demand compensation from the Buyer in the amount of costs. Order canceled by Seller: The seller has the right to cancel the order or part of the order in the following cases: - the order could not be confirmed (incorrectly stated phone number, incorrect or incorrect data, etc.) - the product is no longer manufactured or is not accessible or the producer price has changed significantly. In such a case, the Seller will immediately contact the Buyer and arrange for a further procedure. In the event that the Buyer has paid in part or in full for the order, the Seller will return the paid amount to his current account as soon as possible, at the latest within 14 days.
9. Withdrawal from a sales contract (postal order)
The buyer, who is simultaneously a consumer, is entitled to withdraw from the contract without notice, for up to 14 working days from the day the goods were taken over. For withdrawal from the contract, he must complete the cancellation form, which is available in electronic form. By signing the form on the form, the Buyer confirms the following: "With this document I will withdraw from the contract in accordance with the relevant legal provisions and previously accepted conditions of the dealer's business. I declare with all responsibility that my handling has not damaged the goods. On the payment and the entire content of the consignment received. Goods must be returned to the seller no later than within 7 days after the delivery of the cancellation message (purchase). The provisions in this chapter do not apply to legal persons and natural persons-sole proprietors.
If the Buyer wishes to withdraw from the contract, he is obliged to do so only in writing. The request is sent by registered mail to the Seller's address. The exchange of additional information regarding termination of the contract is also possible via e-mail to info@gutenbrew.eu. The consumer must not freely use the goods until the cancellation of the contract. The consumer may carry out the inspection and examination of goods to the extent necessary for the determination of the actual situation. In cases of withdrawal from the contract, the contract is essentially canceled from the outset, which means that the parties to the contract must mutually exchange goods and money. The buyer is obliged to return the goods to the Seller and the Seller is obliged to return the money to the Buyer. The returned goods must be: - Not used - Undamaged - Without damage to the packaging (including all documentation, instructions for use, etc.) - Together with the purchase receipt (order form, account) Before returning the goods, the Seller recommends that the goods be insured. The seller can not accept the returned item in order to pay for the returned shipment at the time of the takeover. The amount of the purchase price for the goods will be returned to the Buyer by bank transfer (it is necessary to inform IBAN and SWIFT to the Seller), and not later than 15 days, as determined by the general terms and conditions. In the event that the Buyer withdraws from the contract and delivers to the Seller the reduced value because the goods were used, damaged or incomplete, the Buyer pays the seller additional costs incurred in the amount of the reduced value of the returned goods.
10. Property rights
Property rights are transferred to the buyer only after the Buyer settles all costs related to the purchase of the product. The buyer is aware that until he reimburses all costs and financial obligations related to the purchase of the product, he does not have the right to transfer ownership to a third party or to dispose of the product as a legal owner in any way.
11. Complaints
If the goods purchased are found to be defective or damaged or have any other disadvantage, the buyer has the right to advertise the goods in accordance with the general conditions of business and the terms of reclamation. Both documents are available at www.gutenbrew.si. When submitting a claim for a complaint, it is primarily necessary proof of purchase; that is, the purchase contract and the order form. The request for reclamation will also be processed in the event that the Buyer lost the warranty card, but has at least an electronic bill that must be printed. The seller is obliged to deliver a complaint to the Buyer and an explanation of the approved or disapproved request for a complaint. The buyer is entitled to receive feedback on the state of the complaint within 30 days from the date of submission of the claim. The Seller is responsible for the operation and functionality of the product for a period of 12 months from the date of acceptance of the goods by the Buyer. The warranty card certifies the exact conditions and details of the warranty. The seller can arrange a complaint in the following ways: a) the return of the repaired product, b) replace for a new product, c) return the purchase price of the goods, d) offer a special discount on the price of the product, e) or with an explanation to refuse the product reclamation. The seller will examine the request for reclamation as soon as possible, and at the latest 30 days from the date of filing the claim for reclamation. The Buyer will be notified of the outcome of the complaint immediately after the recourse procedure has been completed by telephone or e-mail.
12. Protection and storage of data
The seller has the right to edit and update their databases and use this data for internal purposes such as, for example, Statistics. All personal data are stored in accordance with the Personal Data Protection Act and other relevant laws and regulations of the Republic of Slovenia. All data is carefully stored and are protected at all times in the database at the Seller. When delivering the ordered goods, the Seller entrusts the information to the third party - delivery service or company in order to be able to deliver the ordered products in good time. The Buyer gives the right to the processing of personal data to the Seller for an indefinite period. The customer can at any time request a written request to delete his / her data from the database and the Seller's record.
13. Final provisions
In the event that any provision of these General Terms becomes unenforceable, this does not affect the validity, effectiveness and feasibility of the entire document. Any ambiguity or misunderstanding we want to regulate is primarily through agreement and compromise solutions. In the event that a misunderstanding cannot be settled by agreement, a misunderstanding is resolved at the competent court in the Seller's area. By ordering a product, the Buyer with full responsibility and conscientiousness accepts these terms. This document shall enter into force on 31.8.2017. The seller reserves the right to change in the event that it is necessary to change the terms of business in accordance with the relevant laws and regulations of the Republic of Slovenia.