defining the terms and conditions between the operator / seller and the client / buyer (“T&C”)

1. The seller within the DrinkOnline.eu e-shop is EMMA SLOVAKIA s.r.o. with registered office at Liptovská 2719/3, Trenčín 911 08, Slovakia.

2. An e-shop buyer is any natural person who sends in an electronic form to order goods (product(s) or service(s)).

3. A minimum order in the DrinkOnline.eu e-shop is EUR 10 including VAT. If a buyer has goods in their shopping cart in a value of less than EUR 10 including VAT, they will be alerted to such fact when checking the contents of their shopping cart.

4. The buyer will be prompted to provide personal data in the ordering process (invoicing and mailing address, contact details) necessary for issuing a tax record and for properly delivering the order. These fields are marked with an asterisk and are mandatory; a message will be shown if they are not completed at the time of order confirmation. If the goods are delivered by a contracted carrier, the buyer shall give the seller the right to provide the necessary personal data to the contracted carrier for the purposes of delivering the goods (name and surname, address, phone number).

5. The seller accepts an order for goods and therefore the purchase agreement is concluded based on confirmation of a correct and complete electronic order (email) from the seller. Once an order is sent, confirmation of order acceptance will be sent to your email along with any further information on the status of your order (e.g. we are waiting for the goods, waiting for payment, order cancellation, when the goods have shipped, etc.). A registered buyer can check their order on-line on the e-shop website after logging in to the site.

6. The place of performance of the purchase agreement is designated as the seller's registered office. Goods shall be delivered by the seller using third-party services (contracted carrier, courier service) or the goods shall be delivered using in-house means, or prepared for pick-up at the seller's location upon agreement with the buyer. Delivery of goods is complete upon their handover to the buyer. Title to goods transfers to the buyer upon delivery so long as the purchase price specified in the order is paid up in full. Until such time that title transfers from the seller to the buyer, the buyer has all the obligations of a custodian and is obliged to safely store the products and services at their own expense and mark them so that they can be identified as the seller's goods in all circumstances.

7. The buyer may use one of the following forms of payment:

a)    Bank transfer - the buyer pays via bank transfer for the ordered goods to the following account, IBAN: SK89 7500 0000 0040 0773 6289. The goods will ship once payment is received. The payment term is 5 business days. The seller will cancel any order that is not paid in full within 5 business days.

b)    Payment card - the buyer pays by card for the ordered goods using the secure TrustCard system. When selecting this option, the buyer will be automatically redirected to the TrustCard payment gateway after order confirmation. Supported types of cards: VISA, Mastercard and Maestro.

c)    PayPal - the buyer pays using the secure PayPal system for their ordered goods. When selecting this option, the buyer will be automatically redirected to the PayPal payment gateway after order confirmation. The fee for this type of payment is 4% of the price of the order.

8. For orders to be delivered to the address provided by the buyer, shipping costs to the buyer will be calculated and charged. The price is calculated based on the weight and the place of delivery. A complete price list for shipping charges is provided in the shipping info section.

9. The seller shall deliver goods to the buyer in the shortest possible time after order acceptance. The delivery term begins once an order is accepted, if Cash on Delivery is selected as the form of payment, and once payment is received, if TrustCard, Payment Card, Bank Transfer or PayPal is selected as the form of payment. The maximum delivery term for an order is the delivery term for the product with the longest delivery term included in an order. If the seller is unable to deliver all ordered goods to the buyer by the agreed date, it shall notify the buyer of such fact as quickly as possible along with the expected date of delivery of the ordered goods or propose the delivery of substitute goods.

10. Upon receipt of goods, the client shall receive proof of delivery, which functions as proof of payment in the case of Cash on Delivery. The client receives a tax document with specification of the purchase price and VAT together with the delivered goods, or it will be sent to them in electronic form.

11. If the buyer does not pay or fails to take delivery of the ordered goods for any reason other than damage during delivery (if the shipment is returned as undeliverable through no fault of the seller or if the contracted carrier does not locate the recipient, did not give notice of the lodging of the shipment, the buyer accidentally or intentionally did not take delivery, etc. ), the seller shall seek compensation for the damages caused by breach of this obligation and which is subject to a contractual fine. A contractual fine in this instance is defined by calculation based on the weight of the goods, up to 50% of the total price of the order. A buyer who does not take delivery of an order will be sent an email seeking information on how to handle the order. The buyer has 7 days to respond to this request beginning on the date such email is sent. If the buyer does not respond to the seller’s request by the specified deadline, the seller will cancel the order. The buyer may request such returned shipment be resent, but it is not possible to use Cash on Delivery in this instance.

12. The buyer as a private party (not an entrepreneur) is authorised to withdraw from the purchase agreement within 14 business days from receipt of the goods, unless the goods were purchased and picked up in person from the seller. In the event of withdrawal from the agreement, the buyer shall contact the seller and send them notice of withdrawal from the agreement in writing or electronically specifying the order number and an account number for financial settlement purposes. The buyer shall send the purchased goods in the same conditions as at delivery (including all documentation, accessories, packaging, etc.) at its own cost together with the original proof of purchase to the seller’s address (but not in the form of cash on delivery). The seller commits to refund all payments to the buyer received based on or in connection with such order without any undue delay, and within 14 calendar days from the date on which it receives notice of withdrawal from the agreement in the same manner as payment was made for the goods, unless the buyer requests otherwise. The seller shall comply with such request if the buyer provides proof that the goods were sent back to the seller. If the buyer exercises its right to withdraw from the agreement, it may send the goods together with notice of withdrawal from the agreement or within 14 calendar days from the date of withdrawal from the agreement.

13. The buyer may not withdraw from a purchase agreement involving services if a service has been provided with the buyer’s approval prior to expiration of the term for withdrawing from the purchase agreement and may not withdraw in the case of the sale of goods finished to the buyer’s unique specifications, goods designed specifically for one buyer, or goods that cannot be returned by its very nature (i.e. for hygienic reasons) or perishable goods.

14. The price does not include any consulting activities, shipping costs or other costs unless specified in the product description. The price of goods is defined based on the valid price list. Discounted goods are clearly marked with the appropriate symbols (such as “sale” or “close-out”). Discounted prices are valid until inventory is sold or for the duration of any such sale or promotion.

15. The seller is not responsible for late delivery of goods resulting from the buyer’s failure to provide the correct address. The buyer is responsible for thoroughly inspecting the goods upon receipt from the contracted carrier and for confirming receipt thereof by signing the proof of delivery. If a shipment is visibly damaged or destroyed, the buyer is obliged to immediately contact the seller without taking receipt thereof. A complaint involving visible damage to a shipment that the buyer took receipt of and confirmed to the contracted carrier will not be honoured by the seller as legitimate, and the buyer will not be provided with any refund based on such complaint. The buyer shall immediately contact the seller if there is any hidden damage to a shipment (if damage is discovered after unpacking).

16. All received electronic orders for goods are considered proposals to conclude a purchase agreement and are not considered binding. The buyer may cancel an order without providing a reason at any time prior to shipment of the goods, and may do so via email or over the phone. The seller has the right to cancel an order if the goods is not delivered due to force majeure conditions, if production ceases, if sold out, or if it cannot be delivered at the price specified in the e-shop. The seller shall inform the buyer in all such instances. The seller is obliged to provide the option to deliver substitute goods. The buyer has the right to refuse to take delivery of substitute goods and to withdraw from the order for such goods. If all or part of the purchase price has been paid, the funds will be refunded to the client upon order cancellation within 14 calendar days in the same manner as used during payment for the goods, unless the client requests otherwise.

17. The buyer provides its consent under Act No. 122/2013 Coll. on Personal Data Protection, as amended, to the processing and storage of their personal data, and specifically that data specified above and / or necessary for the seller's activities and to process such data in all its information systems. The buyer shall provide the seller with such approval for an open-ended period. The buyer may revoke consent to process personal data at any time in writing (via email or letter delivered by post) or over the phone, and based on which the seller shall delete the buyer’s personal data from their database. A registered buyer can update their personal data on-line on the e-shop website after logging in to the site.

18. After sending an order or registering, the buyer may receive promotional materials concerning the seller's goods, promotions and other services. The buyer may unsubscribe from such materials at any time using the link provided in the emails sent to them.

19. The sale of alcohol is only permitted to persons of statutory age who are permitted to purchase alcohol. The laws of the country where the goods are delivered shall apply. By sending an electronic form with an order for alcohol, the buyer likewise confirms that they have reached the permitted age as of the date of the order. The seller is authorised to verify such fact by requesting valid identification.

20. The buyer and seller agree to fully recognise electronic communication, and especially via email and the website, as valid and binding for both parties.

21. By placing an order, the buyer confirms that they have read the T&C and agree to them in full. Regardless of the other provisions hereof, the seller is not liable to the buyer for any lost profit, missed opportunities or other indirect or subsequent losses resulting from negligence, breach of the purchase agreement or incurred in any other way. If competent authorities in Slovakia demonstrate that any provisions hereof are invalid or unenforceable, either in part or in full, the validity and enforceability of the remaining provisions hereof, and the remainder of the relevant provisions hereof remain unaffected.

22. The T&C apply in the version published on the operator’s website at the date an electronic order is placed, unless otherwise agreed by the parties.

23. The operator reserves the right to change the T&C. Publication on the e-shop website is considered fulfilment of the obligation to give notice of changes to the T&C.

24. Instruction on the seller's liability for defects in the goods, complaint procedure.

25. Withdrawal form

26. Complaint form

27. Supervising authority: Slovak Trade Inspection Authority (Slovenská obchodná inšpekcia - SOI) - SOI Inspectorate for the Trenčín Region, Hurbanova 59, 911 01 Trenčín, Slovakia, Consumer Protection Department, phone: +421 32 640 01 09.

28. The buyer may decide to use alternative dispute resolution instead of litigation to resolve a dispute. The buyer has the right to file a petition to begin the alternative dispute resolution process. A list of such entities is available at www.mhsr.sk. The buyer may file a complaint via alternative dispute resolution platform. More detailed information about this specified issue is provided in Act No. 391/2015 on Alternative Resolution for Consumer Disputes, and in Regulation No 524/2013 of the European Parliament and of the Council, and in Act No. 102/2014 Coll. on Consumer Protection in the Distance Selling of Goods and Services Based on Contracts Concluded Remotely (as amended 1 February 2016).

These T&C are valid as of 1 April 2021 and fully supersede any previous versions hereof. The operator reserves the right to amend the T&C without prior notice.