Terms and Conditions

The buyer will always be prompted before submitting the order to check a box to confirm that they have familiarised themselves with these Terms and Conditions, have read them, understood their content, and fully consent to them.

The buyer will also be prompted before submitting the order to confirm by checking a box that they have been informed that the order includes an obligation to pay the purchase price.

General Terms and Conditions

I. General Provisions

1. These Terms and Conditions govern the rights and obligations of the contractual parties arising from the purchase agreement concluded between the seller, which is the company Prvý Piešťanský Pivovar, s.r.o., and the buyer, the subject of which is the purchase of goods on the seller's e-commerce website at https://www.shop.ziwell.sk.
2. These Terms and Conditions, in the version valid on the day of the conclusion of the purchase agreement, are an integral part of the purchase agreement. In the event that the seller and the buyer conclude a written purchase agreement in which they agree on terms different from these Terms and Conditions, the provisions of the written purchase agreement shall take precedence over these Terms and Conditions.
3. Contact details of the seller: Prvý piešťanský pivovar, s.r.o., address at Rekreačná 3, 921 01 Piešťany, Business ID (IČO): 36 739 596, registered in the Commercial Register of the District Court Bratislava I., section: Sro, insert no. 44633/B, TIN (DIČ): 2022334028, VAT ID (IČ DPH): SK2022334028, phone: +421 949 409 900, e-mail: pivovar@ziwell.sk, address where the buyer can return goods, submit a complaint or other matters: Rekreačná 3, 921 01 Piešťany, during the current business hours of the brewery.     
4. Supervisory Authority: Slovak Trade Inspection (SOI), SOI Inspectorate for the Trnava Region, Pekárska 23, 917 01 Trnava 1

II. Method of Concluding a Purchase Agreement

1. The proposal to conclude a purchase agreement is sent by the buyer to the seller in the form of a completed and submitted order on the seller's website, which is considered a proposal to conclude a purchase agreement (hereinafter referred to as the “Order”).
2. By submitting the order, the buyer:
3. After sending the Order, the buyer shall automatically receive a notification of order receipt (email: New Order) to their email address, which is executed by the seller's electronic system (hereinafter referred to as “Order Receipt Confirmation”). The Order Receipt Confirmation contains information that the seller has received the Order, but it is not an acceptance of the proposal to conclude a purchase agreement. The Order Receipt Confirmation contains information about the name/specification of the goods, details of the total price of the goods including value-added tax, information about shipping costs (postage), details of the estimated delivery time of the goods, billing information and details of the location where the goods are to be delivered, information about the method of delivery of the goods to the agreed delivery location for the buyer, details about the seller, as well as other information according to §3 Paragraph 1 of Act No. 102/2014 Coll., primarily information about the buyer's right to withdraw from the purchase agreement, the conditions, period, and procedure for exercising the right to withdraw from the agreement, the provision of a form for withdrawal from the purchase agreement, and information that if the buyer withdraws from the purchase agreement, they will bear the costs associated with returning the goods to the seller, etc.
4. The purchase agreement is concluded by the delivery of a special email regarding the acceptance of the Order in electronic form (acceptance email from the seller) from the seller to the buyer — email Order Confirmed.

III.  Purchase Price

1. The purchase price for the goods agreed upon in the purchase agreement between the seller and the buyer is stated in the Order Confirmed (hereinafter referred to as the “Purchase Price”).
2. The Purchase Price for the goods is indicated on the seller's e-commerce website as the price excluding value-added tax and also as the total price of the goods including value-added tax at the rate determined by the applicable legal regulation of the Slovak Republic. The Purchase Price does not include the delivery costs for the goods.
3. The buyer is obliged to pay the seller the Purchase Price, including the costs of delivering the goods. The buyer is obliged to pay the seller the Purchase Price for the agreed goods within the period defined in the purchase agreement, but no later than upon receipt of the goods.
4. When placing an Order, the buyer shall specify the method of payment for the Purchase Price. If not stated otherwise in these Terms and Conditions, the Purchase Price can be paid in one of the following ways:
5. In the event that the buyer pays the Purchase Price to the seller via cashless wire transfer, the day of payment is considered to be the day when the entire Purchase Price is credited to the seller's account.
6. The seller reserves the right to modify the price of the goods at any time. The change in the price of goods does not apply to purchase agreements concluded before the price change, regardless of the fact that the goods have not yet been delivered.

IV. Delivery and Payment Terms

1. The buyer is informed about the status of the Order via electronic mail (email: objednavky@ziwell.sk).
2. Unless otherwise agreed, the delivery period for the goods is no later than 30 days from the conclusion of the purchase agreement.
3. We deliver goods via Slovenská pošta/GO4 courier/Slovak Parcel Service, in the form of a letter/package. The final delivery time is therefore likely longer by the 1–3 working days that it takes for the goods to be delivered by the above-mentioned carriers.
4. The postage price is indicated when placing the Order. The stated prices apply only to the sending of regular shipments within the Slovak Republic. No additional fees shall be charged to the stated amounts. Handling fee is not charged.
5. The seller is obliged to deliver the goods to the buyer within the deadline specified in the Order. The buyer agrees to an extension of the delivery period in the event that it is not possible to deliver the goods within the agreed time, provided that they have been promptly informed of this situation and have been notified of the new delivery date. If the goods cannot be secured even within the additional reasonable period, the buyer is entitled to withdraw from the contract. If the buyer explicitly informed the seller at the time of concluding the contract that they are only interested in the timely delivery of the goods, the buyer is entitled to withdraw from the contract without providing an additional reasonable period for the delivery of the goods. The seller shall refund to the buyer the already paid price of the goods without undue delay, no later than 14 days from the day of delivery of the notice of withdrawal from the purchase agreement, in the manner used by the buyer to make the payment, unless the seller and the buyer agree otherwise.
6. The buyer is obliged to ensure a smooth receipt of the shipment, especially by being available at the phone number designated for the delivery or present at the delivery address on the days of the scheduled delivery. The goods are considered delivered and received at the moment of delivery to the buyer. Delivery of goods to the buyer is understood as the delivery of goods to the agreed location, their acceptance by the buyer or a third person authorised by the buyer, and the signing of the delivery confirmation by the buyer or a third person authorised by the buyer. If it is necessary to re-attempt the delivery of goods due to the absence of the buyer and/or an incorrectly provided delivery address, the seller is entitled to claim compensation for the incurred damage in the amount of the actual costs of the unsuccessful delivery attempt.
7. The buyer is obliged to inspect the shipment, that is, the goods as well as their packaging immediately upon delivery. In the event of discovering a defect in the goods, the buyer is entitled to refuse to accept the delivered goods with the defect or to file a complaint about the defects of the goods with the seller.

V. Gift Vouchers

1. Gift voucher is valid for 1 year from the date of purchase and can be redeemed exclusively at our outlets or on our e-shop.
2. The voucher is non-transferable and thus cannot be transferred to a third party.
3. It cannot be exchanged for cash or returned.
4. The voucher is single-use and cannot be divided into multiple purchases. If the purchase value does not exceed the voucher, the remaining amount is forfeited. The voucher can only be used for available products/services and cannot be combined with other discounts unless stated otherwise.

VI. Rights and Obligations of the Seller

1. The seller has an obligation to:
1. immediately after the conclusion of the purchase agreement, but no later than with the delivery of the goods, provide the buyer with confirmation of the conclusion of the purchase agreement through the seller's acceptance email. The confirmation must contain all the information specified in §3 Paragraph 1 of Act No. 102/2014 Coll., including the form for withdrawal from the purchase agreement;
2. deliver to the buyer, based on the Order confirmed by acceptance, the goods in the agreed quantity, quality, and time, and to pack or prepare it for transport in a manner necessary for their preservation and protection;
3. ensure that the delivered goods comply with the applicable legal regulations of the Slovak Republic;
4. deliver to the buyer a tax document (invoice) in written or electronic form no later than together with the goods;
5. in the event that the seller becomes aware of any objective facts that shall or may result in an extension of the Order processing time or the procurement time of the goods, the seller is obliged to inform the buyer of such a situation without undue delay (via email or text message).
2. The seller reserves the right:
1. for the proper and timely payment of the price of goods;
2. for a technical system shutdown and maintenance, which may cause a temporary outage of the availability of the website www.shop.ziwell.sk;
3. for the cancellation of the Order in the event that the buyer does not pay the price within the specified period;
4. for withdrawal from the contract in the event of stock depletion or unavailability of goods, if the seller is unable to deliver the goods to the buyer within the agreed period or for the agreed Purchase Price. In the event that the buyer has already paid the Purchase Price or a part of it, the seller shall refund the already paid Purchase Price or a part of it within 14 days from the date of delivery of the notice of withdrawal from the purchase agreement to the buyer, using the same method the buyer used for payment, unless the seller and the buyer agree otherwise.

VII. Rights and Obligations of the Buyer

1. By submitting the Order, the buyer confirms that they have been informed of these Terms and Conditions and that the obligation to pay the Purchase Price is part of the Order.
2. The buyer is obliged to pay the seller the agreed Purchase Price within the agreed payment term, including the costs of delivering the goods, and to accept the ordered goods.
3. The buyer is entitled to the delivery of goods in the quantity, quality, time, and place agreed upon by the contractual parties.

VIII.  Acquisition of Ownership and Transfer of the Risk of Damage to the Goods

1. The buyer acquires ownership rights to the goods only after full payment of the entire Purchase Price for the goods and their receipt.
2. The risk of damage to the goods passes to the buyer at the time when the buyer or a third party authorised by the buyer takes over the goods from the seller or from the seller's representative authorised to deliver the goods, or if they do not do so in time, then at the time when the seller enables the buyer to handle the goods and the buyer does not take over the goods.

IX. Complaint Procedure (Liability for Defects, Warranty, Complaints)

1. The seller is responsible for defects of the goods in accordance with the applicable regulations of the Slovak Republic.
2. The buyer is entitled to claim liability for a defect in the goods from the seller only concerning goods that were purchased from the seller, exhibit defects for which the manufacturer or seller is responsible, and are covered by a warranty.
3. The warranty period is 24 months from the date of delivery of the goods, unless a different warranty period is specified for particular cases. The warranty period is extended by the time during which the buyer could not use the goods due to warranty repair of the goods. In the case of exchanging goods for new ones, the buyer will receive a document indicating the exchange of goods. In the case of exchanging goods for new ones, the warranty period begins anew from the receipt of the new goods, but only for the new goods.
4. If there is a defect in the goods that can be remedied, the buyer is entitled to have it removed free of charge, in a timely and proper manner. The seller is obliged to remedy the defect without undue delay. Instead of removing the defect, the buyer may request a replacement of the goods, or if the defect pertains only to a part of the goods, a replacement of the part, provided that this does not result in unreasonable costs for the seller in relation to the price of the goods or the severity of the defect. The seller may always replace the defective goods with non-defective ones instead of removing the defect, provided it does not cause significant inconvenience to the buyer. If there is a defect in the goods that cannot be removed and that prevents the goods from being properly used as an item without defects, the buyer is entitled to exchange the goods or is entitled to withdraw from the purchase agreement. The same rights pertain to the buyer if there are removable defects, but the buyer cannot properly use the goods due to the repeated occurrence of the defect after repair or due to a larger number of defects. If there are other irreparable defects, the buyer is entitled to a reasonable discount on the price of the goods.
5. The buyer is obliged to notify the seller immediately of any defects in writing, including via electronic mail (email), and deliver the goods and a copy of the invoice to the seller's registered business address. Upon receiving the returned goods and based on the acknowledgment of the legitimacy of the claim, the seller is obliged to contact the buyer and agree with them on the resolution of the claim.
6. The complaint procedure concerning goods begins on the day the buyer's notification of the complaint is delivered, and the complained goods are delivered to the seller. The seller shall issue the buyer a written confirmation of the return of goods, in which the seller is obliged to precisely specify the claimed defects of the goods. The seller is obliged to deliver the confirmation of the complaint to the buyer immediately; if it is not possible to deliver the confirmation immediately, it must be delivered without undue delay, but no later than together with the document on the resolution of the complaint.
7. The buyer is entitled to decide which of their rights under the provisions of §622 and §623 of the Civil Code they shall exercise, and is also obliged to promptly deliver information about their decision to the seller. Based on the decision of the buyer, which of their rights under the provisions of §622 and §623 of the Civil Code they are exercising, the seller is obliged to determine the method of handling the complaint immediately, in more complex cases within 3 days from the start of the complaint procedure, and in justified cases, especially if a complex technical assessment of the condition of the goods is required, no later than 30 days from the start of the complaint procedure. After determining the method of handling the complaint, the seller shall address the complaint immediately; in justified cases, the complaint may be addressed later. The handling of the complaint must take no longer than 30 days from the date the complaint is filed. After the futile expiration of the period for handling the complaint, the consumer is entitled to withdraw from the contract or is entitled to exchange the goods for new goods.
8. If the buyer made a claim for goods within the first 12 months from the conclusion of the purchase agreement, the seller can resolve the claim by rejection only based on the opinion of an expert or a statement issued by an authorised, notified, or accredited person or the opinion of a designated person (hereinafter referred to as “Expert Assessment of the Goods”). Regardless of the outcome of the Expert Assessment of the Goods, the seller cannot require the buyer to cover the costs of the Expert Assessment of the Goods of the goods or any other costs related to the Expert Assessment of the Goods.
9. If the buyer filed a product complaint 12 months after the purchase agreement was concluded and the seller rejected it, the person who handled the complaint is obliged to state in the complaint resolution document to whom the buyer can send the goods for the Expert Assessment of the Goods. If the buyer sends the goods for the Expert Assessment of the Goods to the designated person mentioned in the complaint resolution document, the costs of the Expert Assessment of the Goods, as well as all other purposefully incurred related costs, are borne by the seller regardless of the outcome of the Expert Assessment of the Goods. If the buyer demonstrates the seller's responsibility for the claimed defect of the goods through the Expert Assessment of the Goods, they can file the complaint again; during the Expert Assessment of the Goods, the warranty period does not run. The seller is obliged to reimburse the buyer within 14 days from the day the complaint is reasserted for all costs incurred by the Expert Assessment of the Goods, as well as all purposefully incurred related costs. A re-applied complaint cannot be rejected.
10. The seller is not responsible for defects in the goods if: a) it is an obvious defect that the buyer could have discovered by inspecting the shipment upon delivery of the goods and did not report it to the seller's representative in accordance with these Terms and Conditions, b) the buyer did not exercise their right concerning the seller's liability for the defect in the goods before the end of the warranty period of the goods, c) the defect in the goods is mechanical damage caused by the buyer, d) the defect in the goods arose from using the goods in circumstances that do not correspond in intensity, humidity, chemical, and mechanical influences to the natural environment of the goods, e) the defect in the goods arose from improper handling, operation, or neglect of care for the goods, f) the defect in the goods arose from damage to the goods due to excessive load or use contrary to the conditions stated in the documentation or general principles of the usual use of the goods, g) the defect in the goods arose from damage to the goods due to accidental spoilage and accidental deterioration, h) the defect in the goods arose from improper intervention, damage by water, fire, static or atmospheric electricity, or other acts of force majeure.
11. The seller shall inform the buyer of the result of the complaint procedure immediately after the conclusion of the complaint procedure by phone or email, and at the same time, a document on the handling of the complaint will be delivered to the buyer.

X. Personal Data and Their Protection

1. The seller collects the buyer's personal data exclusively for the purpose of fulfilling the purchase agreement and fulfilling the seller's obligations towards the buyer, mainly when issuing an invoice, contacting the buyer in connection with processing their Order, and delivering the goods. The seller is responsible for ensuring that the buyer's personal data shall not be used for other purposes, particularly that it will not be disclosed to third parties, except in cases where it is necessary to fulfil the seller's legal obligations according to generally applicable legal regulations (tax office, police authority, other state authorities). The seller collects the buyer's personal data in the following scope: first and last name, billing address, delivery address, email address, contact phone number.

XI. Withdrawal of the Buyer (Consumer) from the Purchase Agreement

1. The provisions of Article 10 of the Terms and Conditions expressly do not apply to entities that do not meet the definition of a consumer according to Act No. 102/2014 Coll.
2. The buyer is entitled to withdraw from the purchase agreement without giving any reason within 14 days of receiving the goods. However, the buyer may withdraw from the purchase agreement even before the commencement of the withdrawal period. The withdrawal period is considered to be observed if the notice of withdrawal from the contract was sent to the seller no later than the last day of the period.
3. Withdrawal from the contract must be made by the buyer in written form using the form sent to the buyer upon Order confirmation (in written form or by email) in a manner that leaves no doubt that the purchase agreement has been withdrawn from (the withdrawal must include, in particular, the identification of the buyer, the order number and date, and the exact specification of the goods).
4. The buyer is obliged to send the goods back to the seller's registered business address or hand them over at the seller's registered office without undue delay, but no later than within 14 days from the date of withdrawal from the purchase agreement. The period according to the first sentence of this section of these Terms and Conditions is considered to be observed if the goods were handed over for transport no later than the last day of the period. The buyer is obliged to deliver the goods to the seller complete, including full documentation, undamaged, preferably in the original packaging and unused.
5. The seller does not accept cash on delivery shipments.
6. The seller is obliged to refund to the buyer without undue delay, no later than 14 days from the day of delivery of the notice of withdrawal from the contract, all payments received from the buyer based on the purchase agreement or in connection with it, including transportation expenses (costs of delivery of goods/postage). The seller is not obliged to refund payments to the buyer before the goods are delivered to the seller or before the buyer proves the dispatch of the goods back to the seller. The seller is obliged to refund the Purchase Price of the goods to the buyer in the same manner used by the buyer for their payment, unless the seller agrees with the buyer on a different method of payment, without charging the buyer any additional fees in this context.
7. The buyer bears the costs of returning the goods to the seller.
8. In the event that the buyer withdraws from the contract and delivers to the seller goods that are used, damaged, or incomplete, the buyer undertakes to reimburse the seller for: a) the value by which the value of the goods has decreased in accordance with the provisions of §457 of the Civil Code in the actual amount b) the costs incurred by the seller in connection with the repair of the goods and their restoration to their original condition.

XII. Final Provisions

1. The legal relationship between the seller and the buyer established by the purchase agreement and these Terms and Conditions is governed by the law of the Slovak Republic.
2. For relationships not governed by these Terms and Conditions, the relevant provisions of Act No. 40/1964 Coll., the Civil Code as amended, Act No. 22/2004 Coll. on Electronic Commerce and on the Amendment and Supplementation of Act No. 128/2002 Coll. on State Control of the Internal Market in Consumer Protection Matters and on the Amendment and Supplementation of Certain Acts as amended by Act No. 284/2002 Coll. as amended by later regulations, and Act No. 102/2014 Coll. apply.
3. These terms and conditions were issued by the company Prvý piešťanský pivovar, s.r.o., with its registered office at Rekreačná 3, 921 01 Piešťany, Business ID (IČO): 36 739 596, registered in the Commercial Register of the District Court Bratislava I., section: Sro, insert no. 44633/B, TIN (DIČ): 2022334028, VAT ID (IČ DPH:): SK2022334028, as the operator of the online store https://www.shop.ziwell.sk, acting as the seller.
4. The seller reserves the right to unilaterally amend or supplement these Terms and Conditions. Any amendment or supplementation to the Terms and Conditions is valid upon their publication on the seller's website in their complete (current) wording, and such amended or supplemented Terms and Conditions become effective on the date specified therein. The Terms and Conditions apply to the individual relationship between the seller and the buyer in the wording as published on the seller's website on the day the Order was submitted by the buyer.

These Terms and Conditions take effect on May 1, 2019.