GENERAL TERMS AND CONDITIONS

1. Terms of business

These General Terms and Conditions (hereinafter: the Terms) define the relationship between the Buyer and the Seller in relation to the terms and way of ordering products, product prices, terms and methods of payment, the Buyer's right to written complaint about the Sellers's products and services, the right to terminate the contract, product delivery and other services offered by the Seller, protection of other data and other issues important for concluding a contract of sale through the webshop.

The Terms of Business have been compiled in accordance with the Consumer Protection Act, the Electronic Commerce Act, the Civil Obligations Act and other applicable regulations effective on the territory of the Republic of Croatia.

The Seller reserves the right to change the Terms and its provisions at any time. All changes will be published on the Sellers's website and will take effect at the time of its publication on the website. Any changes to the Terms will apply to purchases made after the publication of those changes.

The Buyer is obliged to check the valid Terms before each purchase. By placing an order on the Seller's webshop, it is considered that the Buyer has accepted all the Terms and Conditions of the Seller. Prior to the purchase, the Buyer declares in the application that he has read these Terms and that he accepts them, while when confirming the order, the Terms be delivered to the Buyer as the content or attachment of an e-mail confirming that the contract has been concluded.

These Terms are available to service users at all times in a way that allows them to save, reuse and reproduce them.

These Terms and Conditions are considered an integral part of any sales contract concluded between the Seller and the Buyer through the Seller's webshop.

2. The Seller

Seller Name: CREDO CENTAR d.o.o., KNEBU WINERY

Headquarters: Ulica grada Vukovara 269/d, Zagreb 10 000, Croatia

Telephone number: +385 1 33 33 450

Email: info@knebuwinery.com

OIB: 27974958870

IBAN: HR40 25000091101044109, with Addiko Bank d.d.

           HR36 24070001100047014, with OTP banka d.d.

Registration with the Commercial Court in Pazin under the number MBS: 080025896

For sales through the webshop www.knebuwinery.com,the Seller acts in his own name.

The Seller shall not bear any additional costs of means of remote communication.

3. The Buyer

The Buyer of products sold by the Seller is any natural or legal person who purchases products or services through the Seller's webshop in the way regulated by these Terms. The Buyer is considered to be any natural and / or legal person who selects at least one product or service of the Seller, puts it in the cart, sends the order to the Seller and pays immediately or by cash on delivery.

The Buyer can only be an adult and working-able person. The sales contract may be concluded in the name and on behalf of the minor and the completely working incapable person by their legal representatives or guardians. Partially working-able persons may conclude the sales contract only with the consent of their legal representative or guardian. The Seller shall not be liable for any act contrary to this provision.

4. Prices

Through the webshop www.knebuwinery.com, the Buyer is enabled to purchase the entire range of products and services that are offered by the Seller and in stock, except for special products that the Seller may produce occasionally.

All stated prices represent retail prices expressed in euros (EUR) with VAT included, and are valid for all methods of payment at the time of purchase. In the case of a purchase from a country where the euro is not the official currency, when debiting the Customer's credit card, the same amount is converted into the local currency according to the exchange rate of card companies. As a result, there is a possibility of a slight difference from the original price listed on our website.

The stated retail prices are valid only for the purchase of products or services through the Seller's webshop and may differ from the retail prices in stores. Retail prices are valid in case of payment made by the methods and under the conditions described below.

Featured retail prices are valid at the time of order receipt.

Special offers are valid only at the time of ordering and are subject to change without notice.

5. Images and product information

Images and descriptions do not necessarily have to be identical to the product. The Seller is not responsible for errors made in the description and images of the product. All images shown on our website are for reference only and may vary from actual appearance and content of the products. Product images are shown to the Buyers only for the purpose of informing and approximating the characteristics of the product, without guaranteeing the exact match.

The Seller undertakes the obligation to do as much as possible to ensure the up-to-dateness and accuracy of the information on the website, especially in relation to the prices of products and services offered. The Seller is not responsible for any possible errors made in the description of the products and images, as well as any errors made related to changes in prices and page updates.

In the event of such an error, and especially if the price displayed on the website would not correspond to the actual price of the product for whatever reason, the Seller will immediately notify the Buyer about it, and allow him to cancel or change the order.

If the Buyer decides to cancel the order of the product due to the aforesaid error of the Seller, the Seller will return the paid money to the Buyer as soon as possible, and no later than 14 (fourteen) days from the date of Buyer's notice on the order cancellation.

6. User registration and product ordering

Products are ordered electronically.

The Seller's Data Protection Policy, that can be found under article 15 of these General terms, applies to the Buyer's data given during registration. The Buyer is responsible for the accuracy and completeness of the data entered during registration and purchase.

The use of electronic mail for the purpose of sending other offers, notices and advertising content (unsolicited commercial communication) is allowed only with the prior consent of the person for whom this type of communication is intended, and in accordance with the law governing telecommunications (electronic communications).

The product is ordered via cart. When the Buyer places the order, he accepts the offer of the Seller, and by sending that order, containing the acceptance of the offer, to the Seller (electronically), a sales contract between the Buyer and the Seller is concluded. The offer and acceptance, as well as other expressions of will taken electronically, are received when the person to whom they are addressed can access them. The Seller will without any delay confirm the receipt of an electronic message containing the acceptance of the offer for concluding the sales contract to the Buyer electronically, in particular by e-mail. The Seller will reply and deliver the Order Confirmation by e-mail to the Buyer. The Order Confirmation contains information about the order, delivery address, method of payment, price / prices, delivery price, contact details of the Seller's customer service and other information in accordance with the regulations.

After the Order Confirmation is sent, the Buyer can change the order only by contacting the Customer Service via e-mail: info@knebuwinery.com.

In the webshop, the Buyer can pay for his order by clicking on ‘Proceed to checkout’. The total amount of the purchase will be then seen in the cart (including shipping costs and VAT).

The Seller will deliver the products to the Buyer in the ordered quantity if they are available. In the event that the Seller is unable to deliver a particular product within the stipulated time because the ordered product is not in stock or can no longer be ordered from the supplier, the Seller will notify the Buyer in writing by e-mail, and the Buyer can then exercise his right to cancel the order or possibly accept a new delivery term.

If the buyer decides to cancel the order of the product, the Seller will return to the Buyer the paid amount as soon as possible, and no later than 14 days after the delay.

7. Delivery

The cost of delivery is calculated automatically when purchasing the product, and an invoice is issued with the price of the purchased products and the delivery price included.

Delivery costs are calculated according to the ordered quantities and delivery locations expressed in the table below. The Seller enables the delivery of products by courier service within Croatia and other areas listed in the table:

	CROATIA	SLOVENIA	EU ZONE 2*	EU ZONE 3*	EU ZONE 4*
Quantity (no. of bottles)	DELIVERY PRICE	DELIVERY PRICE	DELIVERY PRICE	DELIVERY PRICE	DELIVERY PRICE
1	6,80	9,00	15,80	23,60	34,50
2	7,10	10,90	16,30	25,80	35,60
3	7,40	11,50	17,00	26,20	36,00
4	9,00	13,10	19,40	28,40	38,10
5	9,20	13,30	19,50	28,50	38,20
6	9,40	13,50	19,60	28,60	38,30
7	11,10	16,00	22,40	32,00	43,00
8	11,30	16,10	22,60	32,20	43,20
9	11,50	16,30	22,80	32,40	43,40
10	13,30	17,30	24,90	34,30	45,30
11	13,60	17,50	25,10	34,50	45,50
12	13,90	17,80	25,30	34,70	45,70
13	16,10	19,90	27,20	37,20	49,30
14	16,40	20,20	27,60	37,40	49,50
15	16,70	20,40	28,30	37,60	49,70

All prices are shown in euros (EUR).

*EU ZONE 1: Slovenia

*EU ZONE 2: Austria, Hungary, Germany, Slovakia

*EU ZONE 3: Belgium, Denmark, France, Ireland, Italy, Luxembourg, the Netherlands, Portugal, Spain

*EU ZONE 4: Bulgaria, Greece, Romania

 

The delivery time for products in stock, for all orders sent on a working day before 12 pm and confirmed on the same day, is 2 working days within Croatia. The delivery time for Dubrovnik is 4 working days. Islands and smaller places have their own delivery schedules.

Expected delivery time for other zones (within working days):

Slovenia (1);

Austria, Germany, Hungary, Slovakia, Italy (2-3);

Belgium, France, Luxembourg, Netherlands, Romania (3-4);

Bulgaria, Denmark, Spain, (4-5);

Portugal (5);

Ireland, Greece (5-6).

 

Product delivery is performed by the courier service DPD Croatia d.o.o. Delivery of the product to the Buyer is done only on working days (Monday-Friday) during the working hours of the courier service (08:00 to 18:00).

When delivering the ordered product, the courier will ask the Buyer to sign a receipt of confirmation by which he confirms that he has taken over the goods and which will indicate the date of collection.

In the event that any of the ordered products is missing by mistake of the Seller, the Seller will deliver it free of charge to the Buyer at a later date as soon as possible.

The delivery deadline starts after receiving the payment on the transfer bank account i.e., after the credit card authorization has been approved.

In the event of a change in the delivery deadline or any other important circumstances for the execution of the order, the Buyer will be notified immediately by the Seller's customer service.

Saturdays, Sundays, holidays and non-working days are not included in the delivery time.

In case the Buyer refuses to receive the correct and undamaged goods he has ordered, the Seller has the right to keep the amount of direct costs related to delivery, and deduct it from the refund.

To order larger quantities of wine, the Buyer should contact the Seller directly by e-mail info@knebuwinery.com.

The official distributor of wine for Bosnia and Herzegovina is the Hedonism.ba webshop. The Seller does not have the option of delivery to Bosnia and Herzegovina through their own online store.

8. Payment

The Buyer can pay for the ordered products and services in one of the following ways:

1.) by bank transfer: Internet banking (CorvusPay by IBAN)

2.) credit and / or debit cards: Visa, Maestro, Mastercard, Diners.

If the Buyer chooses to pay by internet banking, an offer will be sent to them via e-mail at the end of the ordering process, along with all the information necessary to make the payment.

In case the Buyer intends to pay for the goods by payment slip or internet banking, the payment deadline is 48 hours from the Order Confirmation. After this period, the Seller cannot guarantee the stock status and the availability of the ordered items, so the Order Confirmation becomes non-binding for the Seller and the Buyer's order is deleted from the system i.e., it is considered cancelled. Order processing starts from the moment the payment is visible on the Seller's bank account.

9. Security of Online Payments

While conducting payments on our web shop you are using CorvusPay – an advanced system for secure acceptance of credit cards on the Internet.

CorvusPay system ensures complete privacy of your credit card data and personal data from the moment you type them into the CorvusPay payment form. Data required for billing is forwarded encrypted from your web browser to the bank that issued your payment card. Our store never comes into contact with your sensitive payment card data. Similarly, CorvusPay operators cannot access your complete cardholder data. An isolated system core independently transmits and manages sensitive data while at the same time keeping it completely safe.

The form for entering payment data is secured by an SSL transmission cipher of the greatest reliability. All stored data is additionally protected by hi-grade encryption, using hardware devices certified by FIPS 140 2 Level 3 standard. CorvusPay fulfills all of the requirements for safe online payment prescribed by the leading credit card brands, operating in compliance to the PCI DSS Level 1 standard - the highest security standard of the payment card industry. Payments made by cards enroled with the 3-D Secure program are further authenticated by the issuing bank, confirming your identity through the use of a token or a password.

All information collected by Corvus Pay is considered a secret and treated accordingly. The information is used exclusively for the purposes for which they were intended. Your sensitive data is fully

secure and it’s privacy is guaranteed by the state of the art safeguard mechanisms. We collect only the data necessary for performing the work in accordance with the demanding prescribed procedures for online payment.

Security controls and operating procedures applied within the CorvusPay infrastructure not only ensure current reliability of CorvusPay but permanently maintain and enhance the security levels of protecting your credit card information by maintaining strict access controls, regular security and in-depth system checks for preventing network vulnerabilities.

10. Liability for material defects of the product

The Seller is responsible for material defects of the items he sells on their website in accordance with the positive regulations, in particular the Civil Obligations Act of the Republic of Croatia and the Consumer Protection Act.

11. Complaints

The complaint can be submitted via e-mail: info@knebuwinery.com.

The complaint sent via e-mail should include detailed information about the product defect, and, if possible, photos of the defects.

The ordered products are packaged in a way that they are secured from possible damaging during the usual handling in transport / delivery.

In the event that the shipment is damaged in transport, such damage is visible when taking over the shipment, in which case the Buyer is not obliged to take over the shipment.

The exercise of rights under the submitted complaint can be made in accordance with the Consumer Protection Act and the Civil Obligations Act of the Republic of Croatia.

12. Cancellation and termination of the sales contract

The Buyer can cancel the order at any time until the delivery of the product by sending a statement of cancellation of the order to the Seller via e-mail: info@knebuwinery.com.

If the order is cancelled before the products have left the Seller's warehouse, the Buyer has the right to request a refund of the total amount paid for the products and delivery service. If the products have left the Seller's warehouse, the Buyer will be refunded the amount paid minus any shipping costs.

The right to withdraw from the contract under the Article 72 of the Consumer Protection Act:

The Buyer shall have a period of 14 days to withdraw from an off-premises or distance contract, without giving any reason.

The aforesaid period shall begin on the day on which the Buyer or a third party other than the carrier and indicated by the Buyer acquires physical possession of the goods.

In the case of delivery of a good consisting of multiple lots or pieces, that should be delivered separately or that is delivered in several lots of pieces, the withdrawal period shall begin on the day on which the Buyer or a third party other than the carrier and indicated by the Buyer acquires physical possession of the last lot or piece of goods.

However, if the Seller has provided the Buyer with the information on the right of withdrawal within 12 months, the right to the withdrawal period shall expire 14 days after the day upon which the Buyer receives that information. It is deemed that the Seller has informed the Buyer of his right by these Terms and Conditions which are delivered along with the Order Confirmation.

Before the expiration of the deadline for unilateral termination of the contract, as stated above, the Buyer is obliged to inform the Seller of its decision to withdraw from the sales contract in writing, by an unequivocal statement expressing his will to terminate the sales contract, sent by e-mail to the Seller: info@knebuwinery.com.

In case the Buyer submits the form electronically, it does not have to be signed.

The Seller undertakes to deliver without delay an Acknowledgment of receipt of the statement of withdrawal to the Buyer by return e-mail to the address of the Buyer used for submission of the statement of withdrawal or via an e-mail stated as a contact for response in the statement of withdrawal.

The Seller undertakes to return to the Buyer the full amount of the funds paid within fourteen (14) days of receipt of the written notice on withdrawal from the sales contract.

The Seller is not obliged to return the payment before the goods delivered to the Buyer are returned to him, unless the Seller offered to take over the goods returned by the Buyer i.e., after the Buyer submits proof that he sent the goods back to the Seller, and if the Seller would be notified before receipt of the goods.

The Seller undertakes to refund the payment using the same means of payment used by the Buyer when paying unless the Buyer expressly agrees to another means of payment and provided that the Seller is not obliged to pay any additional costs for such a refund.

Pursuant to Article 77, paragraph 5 of the Consumer Protection Act, the Buyer is responsible for any impairment of the purchased product resulting from the handling of the purchased product, except that which was necessary to determine the nature, characteristics and functionality of the goods.

Exclusion of the right to withdraw from the contract:

The Buyer is not entitled to withdraw in cases prescribed by Article 79 of the Consumer Protection Act, and in particular if:

- the Seller has fully fulfilled the service contract, and the fulfilment began with the explicit prior consent of the Buyer and his confirmation that he is aware of the fact that he will lose the right to unilateral withdrawal from the sales contract if the service is fully fulfilled;

- the subject of the contract is goods or services whose price depends on changes in the financial market that are beyond the influence of the Seller, and which may occur during the term of the Buyer's right to unilateral withdrawal from the sales contract;

- the subject of the sales contract is goods that are made according to the Buyer's specification or that are clearly adapted to the Buyer;

- the subject of the sales contract is goods which, due to their nature, are inseparably mixed with other things after delivery.

13. Duration of the contract

The sales contract concluded by the Buyer with the Seller is a one-time distance sales contract which is consumed by the delivery of goods and payment made by the Buyer, in case it is not terminated. These Terms are an integral part of that sales contract.

14. Buyer complaints and disputes in written

These Terms and Conditions have been prepared in accordance with the Consumer Protection Act and other regulations of the Republic of Croatia. Buyers can send their written complaints about the products or services of the Seller to the address of the Seller: Knebu Winery/Credo centar d.o.o., Ulica grada Vukovara 269/d, 10 000 Zagreb by mail, fax or e-mail to: info@knebuwinery.com as stated in the Seller's data.

The Seller is obliged to confirm without any delay that he has received a written complaint from the Buyer, and to respond to it no later than 15 (fifteen) days from the date of receipt of the written complaint.

In the event of a dispute between the Buyer and the Seller, the parties will try to resolve the problem by agreement and amicably, otherwise it will be resolved before the competent court in Zagreb.

Pursuant to Regulation no. 524/2013 of the European Parliament and of the Council, there is an obligation for traders participating in online sales contracts to provide on their website an electronic link to the platform for online resolution of consumer disputes. The online consumer dispute resolution platform can be accessed by the buyer via this link: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=HR

15. Collection and processing of personal data

 

GENERAL DATA PROTECTION REGULATION (GDPR)

The Seller undertakes to respect the anonymity and privacy of the user and will use and process the data exclusively for the purpose specified in these Terms. The Seller may collect the user's personal data, such as name, address, VAT, telephone number or e-mail address, only if the user voluntarily submits them to the Seller, i.e. submits the consent to accept the General Terms and Conditions of Business before concluding the order. The Seller will use the aforementioned data exclusively for the purpose of fulfilling contractual obligations and better insight and understanding of the individual needs, habits and requirements of users, as well as further development and better provision of all the Seller’s services. The Seller collects, processes and publishes data about users related to the way of using the services without revealing the identity of the user and/or personal data that enable the user's identity to be revealed.

The Seller undertakes to provide protection to the personal data of customers, in such a way as to collect only the necessary, basic data about customers/users that are necessary for the fulfillment of the Seller’s obligations; informs customers about the way the collected data is used, regularly gives customers a choice about the use of their data, including the ability to decide whether or not they want their name removed from lists used for marketing campaigns. All user data is strictly kept and is available only to employees who need this data to perform their work. All employees of the Seller and business partners are responsible for respecting the principles of privacy protection.

16. Statement on the use of cookies

The Seller’s website uses "cookies" in order to provide the user with a service with full functionality and the highest quality content. Cookies represent a set of data generated by the website server and saved by the web browser on the user's disk in the form of a small text file. In order to be able to use "cookies" in accordance with the the Electronic Commerce Act, Consumer Protection Act and EU Directives, we need the user's consent. By using this website, the user gives consent and agrees to the use of cookies. By blocking cookies, you can still browse the site, but some of its features will not be available.

During browsing, a session cookie is created, which is placed on the website user's computer only for the duration of the visit, thus enabling the user to use the website more efficiently, and it automatically expires when he closes his browser. Additional information, such as the user's name or e-mail address, will not be saved - websites cannot gain access to information that the user did not provide and cannot access other files on the user's computer.

 By turning off cookies, it is impossible to store cookies on your computer. Cookie settings can be controlled and configured in the Internet browser. You can disable cookies by selecting that option in the Tools/Options/Cookies menu in your browser. The Seller excludes any responsibility for any loss of functionality and/or quality of website content in all cases of choosing the regulation of receiving cookies by the user. It is considered that the users are familiar with and agree with these terms of use and the options regarding cookies at all times by giving their consent to the same.