General terms and conditions for participants of tastings offered on the portal ZaVinom.sk/GoGo.Wine
(hereinafter also referred to as "Terms and Conditions")
1. Introductory provision.
These General Terms and Conditions contain the terms and conditions for the provision of wine tasting services, related products, including local gastronomy products of local winemakers mediated by GoGo.wine, s.r.o. SK20 1100 0000 0029 4611 2360, telephone: 033/6409026, e-mail: firstname.lastname@example.org, website: https://zavinom.sk and https://gogo.wine (hereinafter referred to as "the Company" or "the Intermediary") via the portal www.zavinom.sk and www.gogo.wine. The Intermediary is the operator of the Portal and allows the below mentioned interested parties to use it.
"Supplier" means a business operating a winery, a wine shop or an entrepreneur conducting Tastings on its own behalf, as further identified in the heading of the Tasting Contract.
"Customer" means the natural person or legal entity who has entered into a Tasting Contract with the Supplier, for whom the Intermediary acts.
"Reward" is the price for participating in the Tasting.
"Tasting" means a one-off event or regular events where the Supplier offers the opportunity to taste and consume wine and related products, including local gastronomy products, and enjoy related services; it may be individual or group.
"Booking a place at the Tasting" means booking the Customer's attendance at the Tasting via the Portal on request or with immediate confirmation.
"Intermediary" means the Company entrepreneur operating the Portal as further identified in the heading of the Tasting Agreement and in Article 1 of these Terms.
"Interested Party" means a natural person or legal entity interested in the Tasting through the Portal.
"Tasting Contract" means a contract between the Supplier, for whom the Intermediary acts, and the Customer, the subject matter of which is the participation of the Customer in the Tasting.
3. Conclusion of the Tasting Contract
- Through the Portal, the Interested Party has the opportunity to choose from several offers of Tastings carried out by several Suppliers. The Portal offers the Applicant the possibility to create his/her own user profile in the form of registration. By creating a user profile, the Interested Party is responsible for the accuracy and truthfulness of all the data entered by him. The Customer has the possibility to change his/her user profile at any time.
- The Interested Party concludes the Tasting Contract through the Portal and the Intermediary. The Intermediary acts on behalf of the Supplier in concluding the Tasting Contract. The Tasting Contract does not create a contractual relationship between the Applicant and the Intermediary. The Supplier, not the Intermediary, delivers the service to the Customer and is responsible for its delivery and content. The Supplier provides the Service to the Customer under its own responsibility, at its own expense and on its own behalf.
- The Interested Party makes the selection of the Tasting in the manner indicated on the Portal. Before submitting the order, the Interested Party will be asked by the Portal to confirm by ticking the box that he/she has read these GTC, has read them, understands their content and agrees to them in their entirety.
- If the Tasting Contract is concluded via the Portal, the Tasting Contract is concluded only after the Interested Party has consented by confirming the designated field marked "I agree to the purchase of the Tasting Reservation on the above terms and conditions with the obligation to pay", by which he/she agrees to all the previously displayed data, in particular the place and time of the Tasting, the Fee, the method of payment, or other additional services, if applicable.
- After sending the order, the Intermediary is obliged to confirm the delivery of the order within 24 hours and to send a confirmation e-mail to the Customer at the address provided by the Customer. The delivery of the order confirmation does not create a contractual relationship between the Applicant and the Supplier.
- The Intermediary shall confirm the Reservation of a place at the Tasting to the Applicant no later than 3 days from the date of receipt of the Applicant's order by the Intermediary, in the form of a confirmation email to the Applicant's address. Upon delivery of the confirmation of the Tasting Reservation, a Tasting Contract shall be created between the Supplier, represented by the Intermediary, and the Applicant.
- The Tasting Contract is concluded for a definite period of time, until the Tasting has taken place, at the latest until all mutual rights and obligations arising from the Tasting Contract have been terminated.
- However, entitlement to a Tasting Reservation is only triggered by payment of the Consideration.
- The contract shall be concluded in Slovak or English.
4. Rights and obligations
- The Customer has the right to participate in the Tasting. If the Customer does not participate in the Tasting, he/she shall not have the right to withdraw from the Tasting Contract or the right to a refund of the Fee.
- The Customer is obliged to follow the Supplier's instructions at the Tasting, the rules of the Tasting and to behave in accordance with good manners, otherwise the Supplier is entitled to expel the Customer from the place of the Tasting without the right to a refund of the Consideration.
- The Customer acknowledges that the subject of the Tasting is the consumption of alcoholic beverages and therefore participation in the Tasting is not permitted for persons under 18 years of age. The Supplier is obliged to comply with the provisions of Act No. 219/1996 Coll. on protection against the abuse of alcoholic beverages and on the establishment and operation of alcohol-rescue rooms, as amended, as well as the regulations concerning the prohibition and restriction of advertising of alcoholic beverages.
- The Customer is entitled to use the Tasting Seat Reservation for a one-off attendance at the Tasting for which it was purchased. The Tasting Seat Reservation entitles the Customer to use all the services included in the Tasting Seat Reservation.
- The Customer is obliged to pay the Tasting Fee before the Tasting takes place, either by invoice or via the payment gateway on the Portal.
- The Supplier is fully responsible for the Tasting, its content and course. The Facilitator is not responsible for the conduct, content and course of the Tasting. The Intermediary, on the basis of the Cooperation Agreement concluded with the Supplier, only arranges for Interested Parties to reserve a place at the Tasting on request and with immediate confirmation on behalf of the Supplier. The Intermediary shall also receive on behalf of the Supplier the funds corresponding to the Remuneration from the Customer. By paying the Fee, by purchasing a Tasting Venue Reservation through the Portal, the Tasting Venue Reservation Customer enters into a legal relationship directly with the specific Supplier of the selected Tasting Venue.
- The Supplier is responsible for changes to the Tasting. The Facilitator accepts no responsibility for the Tastings, changes during the sale of the Tasting Reservation and any changes in the organisation of the Tastings. The legal relationship between the Supplier and the Customer may be governed by other terms and conditions on the part of the Supplier in addition to these GTC.
- The Intermediary relies on the information provided by the Supplier for information about the Tastings published on the Portal. If the Intermediary has timely information about cancellation or change of the Tasting, it shall notify the Customer by e-mail. The Intermediary shall not be liable for the content, nature, quality or other parameters of the Tasting, nor for any violation of the Customer's rights in connection with the Tasting, e.g. its cancellation. Such claim is a claim against the Supplier and the Intermediary is not authorised by the Supplier to take any legal action in connection therewith, unless otherwise provided in these GTC.
5. Payment terms
- As part of the ordering process, the Interested Party is obliged to pay the Tasting Fee for the ordered Tasting in advance, either by invoice or by card payment via the Trust Pay payment gateway located on the Portal. No other method of payment (e.g. cash) is permitted for the Tasting.
- The Consideration represents the final and full price for the Tasting and includes any applicable value added tax, any other taxes, if any, and any other fees and costs, if any. The Consideration may not be increased after the conclusion of the Tasting Contract without the consent of the Customer. The amount of the Consideration shall not be affected by any use of means of long distance communication.
- The due date of the Remuneration in case of payment on invoice is 7 days, unless otherwise agreed between the Mediator and the Client.
- The Customer is obliged to show proof of payment of the Fee at the Supplier's request prior to the start of the Tasting. The Customer is not entitled to participate in the Tasting without paying the Consideration.
- Upon payment of the price of the Tasting Reservation, the Customer will receive a confirmation by e-mail and, upon request, a tax receipt or a receipt for the payment received. In the event that the data on the tax document is incorrect, the Customer is entitled to complain about it without undue delay at the email address email@example.com.
- Immediately after the payment of the Fee, the Customer, who was specified in the order, will receive information about the reservation of a place at the Tasting. The Customer will receive all further information regarding the purchased Tasting Seat Reservation via the Portal to this email, based on the Supplier's instructions, unless the Customer requests the Facilitator to change the contact email.
- The Customer's obligation to pay the Remuneration to the Supplier constitutes the only material obligation of the Customer under the Tasting Contract and these GTC and the Customer is obliged to fulfil it together with the order for the Tasting or in case of payment on the basis of an invoice within the time limit pursuant to Clause 3 of this Article 5 of these GTC. As the Consideration is paid by the Customer prior to the Tasting, it may be considered as an advance payment without any other conditions. The Customer shall receive the relevant tax documents in relation to the payment received and subsequently to the service provided.
6. Change or cancellation of the Tasting Reservation
- The Supplier reserves the right to change the Reservation of a place at the Tasting. In the event that there are serious reasons related to the limitation of the offered Tasting, the Supplier is obliged to inform the Customer, through the Intermediary or directly to the Customer's email address or by telephone to the Customer's telephone contact, about the change, cancellation, alternative date of the Tasting or the method of refunding the paid Fee. The Customer shall not be entitled to any refund or reduction of the Fee if he/she has attended the Tasting or if he/she has used the proposed new date of the Tasting, nor shall he/she be entitled to reimbursement of other expenses (transport to the place of the Tasting, accommodation, meals, etc.).
- If the Customer does not agree with the change of the Tasting, the Customer has the right to withdraw from the Tasting Contract and demand a refund of the Fee. In the event of cancellation of the Tasting for reasons attributable to the Supplier, if the Customer does not agree to an alternative date for the Tasting, the Customer shall have the right to withdraw from the Tasting Contract and claim a refund of the Fee. In the event of a change or cancellation of the Tasting, the Facilitator will provide information on the method, place and time of refund by email or telephone. Sending a request for a refund of the Fee does not constitute a claim within the meaning of Clause 7. (Claims) of these GTC.
- The Customer shall not be entitled to a refund of the Consideration if for any reason the Customer does not or is unable to attend the Tasting for reasons attributable to the Customer. The Customer shall not, without the Supplier's consent, have the right to have another person attend the Tasting in his place.
- If the Customer is of the opinion that the provision of the service is defective, he/she has the right to file a complaint, complaint and complaint at the following e-mail address: firstname.lastname@example.org, or at the address of the Intermediary's or Supplier's registered office, or at the following telephone number: 033/6409026.Due to the fact that the Tasting is a one-off service, the provision of a guarantee period is not an option due to the service and its nature.
- If the consumer submits a claim, the Supplier or the Intermediary on his behalf is obliged to inform the consumer of his rights under the Civil Code. On the basis of the Customer's decision which of these rights the Customer claims, the Supplier is obliged to determine the method of handling the complaint as soon as possible, in complex cases no later than 3 working days from the date of the complaint, in justified cases, in particular if a complex technical assessment of the condition of the service is required, no later than 30 days from the date of the complaint. Once the method of handling the complaint has been determined, the complaint shall be handled immediately; in justified cases, the complaint may be handled later; however, the handling of the complaint shall not take longer than 30 days from the date on which the complaint was lodged. After the expiry of the time limit for processing the complaint, the Customer shall have the right to withdraw from the Tasting Contract.
- The Supplier or the Intermediary on its behalf is obliged to issue a confirmation to the Customer when making a claim. If the claim is made by means of remote communication, the Supplier or the Intermediary on its behalf shall deliver the confirmation of the claim to the Customer immediately; if it is not possible to deliver the confirmation immediately, it shall be delivered without undue delay, but at the latest together with the proof of the claim; the confirmation of the claim need not be delivered if the Customer has the possibility to prove the claim in another way. The Supplier, or the Intermediary on its behalf, is obliged to issue a written proof of the claim within 30 days of the date of the claim at the latest.
- In the event that the Tasting has not been provided to the Customer at all or in a different manner than ordered, the Customer shall have the right to provide the Tasting on another date or to receive a reasonable discount on the Consideration or to withdraw from the Tasting Contract and demand a refund of the Consideration.
- The Customer shall not be entitled to liability for defects if the defect in the service provided was caused by him or her or if he or she used the Tasting even if it did not fully correspond to his or her order. For the avoidance of any doubt, the Customer's subjective objections to the Tasting (e.g. regarding the taste of the wine) are of no legal significance and do not give rise to a right of liability for defects.
- The settlement of the complaint is without prejudice to the Customer's right to compensation for damages.
- In the case of a Tasting complaint, the Supplier communicates with the Customer via the Intermediary, preferably by e-mail; the possibility of other means of communication is not affected.
- The provisions of this Article 7 of these GTC shall apply regardless of whether or not the Customer has the legal status of a consumer.
- The provisions of this Article 7. of these GTC constitute at the same time the Complaints Procedure.
8. Right of withdrawal from the Tasting Contract
In the case of purchase of a Tasting Reservation, it is not possible to withdraw from the Tasting Contract and claim a refund of the Fee, because in accordance with Section 7(6)(k) of Act No. 102/2014 Coll. on consumer protection in the sale of goods or provision of services under a distance or off-premises contract and on amendment and supplementation of certain acts, as amended, the consumer may not withdraw from a contract, the subject of which is the provision of services related to leisure activities and under which the Seller undertakes to provide these services at the agreed time or within the agreed period, while the Tasting Contract constitutes a contract on the basis of which the Supplier undertakes to provide the Customer with a service for leisure, i.e.i.e. the Tasting Service, at the agreed time or period of the Tasting Service.
9. Supervisory authority
Supervision over compliance with the provision of the service is carried out for the Customers who are consumers by the Slovak Trade Inspection, Bajkalská 21/A, P. O. BOX No. 5, 820 07 Bratislava, Department of Supervision.
10. Alternative Dispute Resolution
If the Customer is not satisfied with the manner in which the Supplier or the Intermediary, on his behalf, has handled his complaint, or if he believes that the Supplier has violated his rights, he has the opportunity to contact the Supplier with a request for redress. If the Supplier responds to the request for redress in a negative manner or fails to respond within 30 days from the date of its dispatch, the Customer has the right to file a motion to initiate an alternative resolution of his dispute pursuant to the provisions of Section 12 of Act No. 391/2015 Coll. on Alternative Dispute Resolution of Consumer Disputes and on Amendments and Additions to Certain Acts, as amended. The competent entity for alternative dispute resolution of consumer disputes with the Supplier shall be a supervisory authority or another competent authorised legal entity registered in the list of alternative dispute resolution entities maintained by the Ministry of Economy of the Slovak Republic (the list is available at www.mhsr.sk); the Customer shall have the right to choose to which of the aforementioned entities for alternative dispute resolution of consumer disputes it shall turn to. For the avoidance of any doubt, the Customer is advised that the contractual relationship does not exist between the Customer and the Intermediary, but between the Customer and the Supplier. By purchasing a Tasting Seat Reservation through the Portal, the Customer enters into a legal relationship directly with the specific Supplier of the selected Tasting. The Customer may use the online dispute resolution platform available at www.europa.eu/consumers/odr/ to submit a proposal for alternative resolution of his/her dispute.
The provision of the preceding paragraph applies only to Customers who are consumers.
11. Final provisions
The rights and obligations not governed by these GTC shall be governed by the provisions of the Civil Code, the Commercial Code (in the case of Applicants and Customers who are entrepreneurs and conclude the Tasting Contract in connection with their business activities) and other generally binding legal regulations.
The Supplier reserves the right to amend these GTC. In the event that this happens during the performance of the Tasting Contract, the Supplier is obliged to inform the Customer, who is a consumer, who has the right to withdraw from the Tasting Contract in such a case.
In the event of a conflict between the Tasting Contract and these GTC, the Tasting Contract shall prevail. In the event of a conflict between the Co-operation Agreement between the Supplier and the Intermediary and these GTC and the relationship between them, the Co-operation Agreement shall prevail.
Information on the processing of personal data
In connection with the operation of the Portal, it is required to provide personal data of the Applicant and the Customer, who are natural persons (hereinafter referred to as "Data Subjects") to the Supplier through the Intermediary. Without the provision of such personal data, it is not possible to provide the service of the Tasting to the Data Subjects.
The Supplier, as the provider of the Tasting Service, processes the personal data of the Data Subjects through the Intermediary as the so-called Data Controller within the meaning of the General Data Protection Regulation (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, repealing Directive 95/46/EC and the Personal Data Protection Act (Act No. 18/2018 Coll., as amended) (both together referred to as the "Legislation").
The Supplier's identification is provided by the Portal to the Concerned Persons when placing an order.
On the basis of a special contract, the Supplier has entrusted the processing of the personal data of the Data Subjects to the Processor as a so-called Processor within the meaning of the Legislation.
The processing of the Data Subject's personal data does not require their consent, as the Supplier processes personal data for the purpose of concluding the Tasting Contract, and thus the processing of personal data is necessary for the performance of the Tasting Contract to which the Data Subject is a party, as well as to carry out measures prior to the conclusion of the Tasting Contract at the Data Subject's request.
The purpose of the processing of the personal data of the data subjects is the provision of the service - Tastings by the Supplier to the Data Subjects.
For this purpose, the Supplier processes the personal data of the Data Subjects in the following scope: e-mail address, first and last name, delivery address / billing address, telephone number, order information, account number, payment detail (if the Tasting has been cancelled and the Refund has been refunded via the Intermediary), pseudonymous online identifiers (cookies, Facebook and Google Ads remarketing systems) (hereinafter referred to as "Personal Data").
The processed Personal Data shall be stored by the Supplier for the necessary period of time, up to a maximum of one year after the Tasting Contract has been concluded.
The data subject has the right to request from the Supplier access to Personal Data, the right to rectification or erasure or restriction of processing or the right to object to processing, as well as the right to portability of Personal Data.
For the provision of certain activities and/or operations that the Supplier is unable to provide through its own employees, the Supplier uses the services of other entities. For these purposes, the Personal Data processed is made available to marketing agencies, service and service provider organisations (system administration), Facebook platform providers (Facebook Ireland Ltd., located at 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Republic of Ireland) and Google Analytics (Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland).
The Supplier does not intend to transfer Personal Data to a third country or international organisation.
If the data subject suspects that his or her Personal Data is being processed unlawfully, he or she may file a complaint with the Office for Personal Data Protection of the Slovak Republic, located at Hraničná 12, 820 07 Bratislava, e-mail: email@example.com.