Domáca klubovňa - General Terms and Conditions
These General Terms and Conditions govern mutual rights and obligations, in conformance with applicable legal regulations, between the trading company:
Medusa Restaurants, s.r.o.
Registered office: Einsteinova 23, 851 01 Bratislava, the Slovak Republic
Company ID: 35 849 592
VAT ID: SK2020239463
registered in the Commercial Register of the District Court Bratislava I, Section: Sro, File No.: 27956/B
(hereinafter referred to as the "Seller")
and the Customer (hereinafter referred to as the "Buyer")
arising in connection with or on the basis of the Purchase Contract concluded between the Seller and the Buyer, the subject of which is the sale of the Seller's goods (hereinafter referred to as the "Goods") to the Buyer for the agreed purchase price (hereinafter referred to as the "Contract"), and which is concluded through the Seller's online store "Domáca Klubovňa" located on the site www.medusarestaurants.sk (hereinafter referred to as the "Domáca Klubovňa"), in relation to the Goods offered by the Seller at its online store;
(hereinafter referred to as the "General Terms and Conditions").
- Introductory Provisions
- These General Terms and Conditions form an integral part of the Contract. The Contract and General Terms and Conditions are prepared in the Slovak and English languages, the Slovak version being binding. The Contract can be concluded in the Slovak language. Wherever reference is made to the rights and obligations under the Contract, it means the rights and obligations under the Contract, including these General Terms and Conditions.
- By concluding the Contract, the Buyer declares that it has acquainted itself with the current version of these General Terms and Conditions at each individual conclusion of the Contract, understands it, agrees with the wording and will follow it.
- The current wording of these General Terms and Conditions is publicly available on the Seller's websites and everyone can thus view and archive them.
- Orders, Contract conclusion, payment terms and conditions, place and time of delivery of the Goods
- On the Seller's website, or on the Domáca Klubovňa website, there is information about the Goods and their characteristics, prices, as well as the conditions of their delivery to the Buyer. The prices of the Goods remain valid as long as they are displayed on the Domáca Klubovňa website. This provision shall be without prejudice to the Seller's ability to enter into the Contract under individually agreed conditions. Any discounts on the price of the Goods provided by the Seller to the Buyer may not be combined.
- Modification of the composition of the Goods according to the Buyer's requirements is not possible, unless expressly specified otherwise by the Seller in a specific case. If the Buyer requests such an adjustment, the Seller shall inform it whether this is possible or not.
- The Buyer agrees to the use of means of distance communication when concluding the Contract. The costs incurred by the Buyer for the use of means of distance communication when concluding the Contract (costs of Internet connection, costs of phone calls, etc.) shall be borne by the Buyer itself.
- The Buyer can order the Goods on the Domáca Klubovňa website after entering its identification data in the online order. Orders can only be placed during the business hours specified at https://www.medusarestaurants.sk/. Orders placed outside of business hours will be processed during the business hours following the moment the order is placed. The Buyer adds individual items of the Goods to the virtual cart in the selected quantity. Goods added to the cart may be removed until the order is confirmed by the Buyer. After selecting the Goods, the Buyer clicks on "ORDER". Then the Buyer completes the required personal data and selects the payment method. The Buyer can check the data specified in the order (return within the order process) and change it or cancel it, if necessary. The entire process of placing and then sending the Buyer's order to the Seller will be carried out within the Domáca Klubovňa interface. The Buyer will send the order to the Seller by clicking on the "ORDER WITH PAYMENT OBLIGATION" button. The Seller will confirm the receipt of the order via e-mail to the Buyer. The Contract is concluded from the moment the Seller confirms the order, except for cases where the Seller, immediately after receiving the order, informs the Buyer that the ordered Goods are out of stock or that the Seller is not able to deliver the Goods for other reasons.
- The Buyer can order the Goods also through the Seller's partner – WOLT, in the "Order through WOLT" section of the Domáca Klubovňa. In such a case, the Buyer is not only bound by the Contract and these General Terms and Conditions, but also by the contractual conditions set by WOLT published on the website https://wolt.com/sk, which shall take precedence over these General Terms and Conditions.
- When placing an order through the Seller directly, the Buyer may only choose personal collection as the delivery method of the order in the facilities listed in the Domáca Klubovňa interface in the "Pick-up location" section. When placing an order through WOLT, the Buyer can request delivery of the order by WOLT to the place specified by the Buyer under the payment and other conditions set by WOLT published on the website https://wolt.com/sk.
- The Buyer declares that the data stated in the order or otherwise provided to the Seller are true and correct. The Seller shall not be liable for any damage or complications caused by the Buyer indicating incorrect or false data. The Buyer shall be liable to the Seller for the damage caused by it indicating incorrect or false personal data.
- Depending on the nature of the order, the Seller shall be entitled to ask the Buyer for additional telephone or written confirmation of the order.
- The Seller may require an advance or other similar payment from the Buyer.
- When placing an order, the Buyer may only choose to pay the purchase price of the Goods by payment card, otherwise the Seller will not process the order and an order without entering this type of payment is considered not to have been made.
- Any costs associated with accepting and processing the order shall be borne by the Seller, and the Buyer shall only pay the order price specified on the Domáca Klubovňa website.
- The Seller is not obliged to start preparing the order until the purchase price of the Goods is fully paid by the Buyer.
- When the purchase price of the Goods is paid, the Seller shall issue the Buyer with a tax document on the payments made and send it to the Buyer via e-mail or hand it over to the Buyer upon taking over the Goods by the Buyer at the establishment.
- The Buyer can determine the time of delivery in the order, but it cannot be determined earlier than 45 minutes after the order confirmation by the Seller (the earliest possible time of delivery of the order to the Buyer).
- The Buyer is obliged to take over the Goods at the selected establishment of the Seller or at a designated place (for orders via WOLT) at the time specified by the Buyer in accordance with clause 2.14. hereof.
- If the Seller is not able to deliver the ordered Goods to the Buyer at the time specified by the Buyer under clause 2.15. hereof, even with an acceptable delay, the Seller shall notify the Buyer of this fact and inform the Buyer of the expected time of delivery of the ordered Goods, or propose the delivery of alternative Goods.
- If the Buyer does not accept the Goods at the time specified by it under clause 2.14 hereof or at the time notified by the Seller under clause 2.15 hereof without giving a reason, the Seller is entitled to payment of the order value. If the Goods are ordered by a Buyer who has already not accepted the delivered Goods without giving a reason in the past, the Seller reserves the right to refuse to accept the order.
- The Seller reserves the right to cancel the order or part thereof if there are serious circumstances preventing the production or delivery of the ordered Goods to the Buyer. In such a case, the Seller shall contact the Buyer in order to agree on further steps. In the event that the Buyer has already paid the entire purchase price or part thereof, the relevant amount will be credited back to its account within 15 calendar days.
- In the case of an order placed through WOLT, delivery terms are set by WOLT, whereby these General Terms and Conditions apply mutatis mutandis to matters not specifically regulated by WOLT's terms and conditions.
- Withdrawal from the Contract and Complaints
- Due to the nature of the Goods, the Buyer is not entitled to withdraw from the Contract without giving a reason and the Seller does not provide any warranty period for the Goods due to the fact that the Goods are intended for immediate consumption after their delivery. Liability for defects in the Seller's Goods shall not be affected by the previous sentence in any way.
- If the accepted Goods have defects (mainly if it is not complete, its quantity, measurements, weight or quality does not correspond to the legal, contractual or pre-contracted parameters), the Seller shall be liable for such defects.
- If the Goods are defective, it is possible to submit a complaint about it. The Buyer is obliged to inspect the Goods upon receipt and if it identifies any defects, it must file a complaint immediately upon receipt of the Goods or no later than 30 minutes from the time of receipt, if for serious reasons it was not possible to identify defects in the Goods upon receipt of the Goods; otherwise, its rights from liability for defects of the Seller's Goods and the associated right to complain about the Goods expire.
- Complaints can be filed in person at the Seller's premises where the Buyer ordered the Goods (or which it determined as the place of collection/delivery in the order) or in writing at the address of the Seller's registered office. The Seller or a person authorized by it shall write a written protocol on the submitted complaint. The Buyer is also entitled to file a complaint in writing, stating the defects in the Goods and photographs of the alleged defects in the order, and sending it to the e-mail address of the Seller: email@example.com.
- If the Goods are ordered through WOLT, the Buyer undertakes to comply with the contractual conditions when filing a complaint about the Goods specified by WOLT and published on its website https://wolt.com/sk; claims for the existence of defects in the Goods are also governed by the contractual conditions of WOLT.
- The Seller shall handle the complaint immediately, if it is possible given the circumstances of the complaint. In other cases, the complaint shall be proceeded to the complaint procedure, where it shall also include the Buyer's and/or the Seller's photographs of the order and its shortcomings presented by the Buyer. The result of the complaint and its solution is notified to the Buyer from the Seller's e-mail address: firstname.lastname@example.org immediately after investigating the complaint, usually within 3 (three) business days from receiving it.
- If the Seller acknowledges the complaint as justified, the Buyer is entitled to choose between (i) the return of the purchase price of the Goods or (ii) the delivery of the same or alternative Goods at the same price. If the Buyer's complaint is not justified, the Seller rejects the complaint and informs the Buyer of this fact. A written document is issued by the Seller to the Buyer about the handling of the complaint.
- In other respects, the liability for defects of the Seller's Goods is governed by the provisions of Section 622 and 623 of Act No. 40/1964 Coll. the Civil Code, as amended.
- Personal Data Protection and Sending Commercial Announcements
- The protection of personal data of the Buyer, who is a natural person, is ensured in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation), and other generally binding legal regulations on personal data protection applicable in the territory of the Slovak Republic.
- Final Provisions
- These General Terms and Conditions supersede all other oral and written statements and agreements between the Seller and the Buyer in relation to the Contract, with the exception of the Contract itself, the provisions of which shall take precedence over these General Terms and Conditions.
- The wording of these General Terms and Conditions may be unilaterally amended by the Seller. This provision shall be without prejudice to the rights and obligations arising during the effectiveness of the previous version of the General Terms and Conditions.
- The Seller is not bound by any codes of conduct in relation to the Buyer. The Buyer may address complaints directly to the Seller or to the relevant supervisory or state supervision body listed by the Seller on its websites www.medusarestaurants.sk.
- The Slovak general courts have jurisdiction to resolve disputes between the Buyer and the Seller.
- In the event of disputes arising from the Contract and/or these General Terms and Conditions, the Buyer, who is a consumer, has the right to contact an alternative dispute resolution entity in cases stipulated by a special law. This entity is the Slovak Trade Inspectorate, more information can be found by the Buyer on the website of the Slovak Trade Inspection https://www.soi.sk/sk/alternativne-riesenie-spotrebitelskych-sporov.soi.
- If the relationship related to the use of the Domáca Klubovňa website or the legal relationship established by the Contract contains an international (foreign) element, the Parties agree that the relationship will be governed by the legislation of the Slovak Republic. This shall be without prejudice to the consumer's rights under generally binding legal regulations.
- If any of the provisions of the Contract and/or these General Terms and Conditions becomes invalid or ineffective, such invalid or ineffective provisions shall be replaced with a provision with its meaning being as close as possible to the invalid or ineffective provision. The invalidity or ineffectiveness of any provision shall not affect the validity and effectiveness of other provisions of the Contract and/or these General Terms and Conditions.
These General Terms and Conditions shall enter into force on 04 August 2020 or upon their publication on the Domáca Klubovňa website, whichever occurs later.
Bratislava, on 04 August 2020