General Commercial Terms and Conditions

I. BASIC PROVISIONS

1. These general commercial terms and conditions (hereinafter referred to as "terms and conditions") are issued:

Grain Slovakia s.r.o.
Company identification number: 358727705
Tax ID: 2021779133
VAT reg. no.: SK2021779133 according to §4
resident in: Galvaniho 7/D, 821 04 Bratislava
registered in the District Court Bratislava I, Section s.r.o., insert no. 30365/Bcontact details:
email
telephone+421 903 969 545
www.manlyspirits.sk

(hereinafter referred to as "the seller“)

These terms and conditions govern the mutual rights and obligations of the seller and a natural person that concludes a contract outside its business activities as a consumer, or in the course of their business activities (hereinafter referred to as "the buyer") via the web interface located on a web page available on the internet at www.manlyspirits.sk (hereinafter referred to as "online shop").
The provisions of the terms and conditions are an integral part of the purchase contract. The derogating arrangement in the purchase contract shall take precedence over the provisions of these terms and conditions.
These terms and conditions and purchase contract are concluded in Slovak, English or German.

II. INFORMATION ABOUT GOODS AND PRICES

Information about the goods, including identification of prices of individual goods and its main characteristics are listed for the individual goods in the online shop catalogue. Prices of goods includes value added tax, all related fees and return costs, if the goods cannot by their nature be returned by the usual postal route. Prices for goods remain valid for the period for which they are displayed in the online shop. This provision does not preclude the arrangement of the purchase contract on individually agreed terms.
All the presentation of goods placed in the online shop catalogue is for informational purposes only and the seller is not obliged to conclude a purchase contract regarding this goods.
In the online shop, information about the costs associated with the packaging and delivery of goods is published. Information about the costs associated with packaging and delivery of the goods specified in the online shop is only valid in cases when the goods are delivered within the territory of the Slovak republic, the Czech republic, Germany, Austria and Switzerland.
Any discounts on the purchase price of the goods cannot be combined with each other, unless the seller agrees otherwise with the buyer.

III. ORDER AND CONCLUSION OF THE PURCHASE CONTRACT

Giventhenatureofthegoodssoldonthewebsitewww.manlyspirit.sk,theordercanbe concluded only by a person who has reached 18 years old.
The costs incurred by the buyer when using means of distance communication in connection with the conclusion of the purchase contract (costs of internet connection, costs of phone calls), shall be borne by the buyer himself. These costs are no different from the base rate.
The buyer performs the order of the goods in the following ways:

 filling out the order form without registration

When placing an order, the buyer chooses the goods, the number of pieces of goods, the method of payment and delivery.
Before sending the order, the buyer is allowed to check and change the data that he entered into the order. The order is sent by the buyer to the seller by clicking the Send order button with the payment obligation. The data specified in the order is considered correct by the seller. The condition for the validity of the order is the filling of all mandatory data in the order form and the buyer's confirmation that he has become acquainted with these terms and conditions.
Immediately after receiving the order, the seller sends the buyer a confirmation of receipt of the order to the email address that the buyer specified when ordering. This confirmation is automatic and is not considered the conclusion of the contract. The current commercial terms and conditions of the seller are attached to the confirmation. The purchase contract is concluded only after the order is received by the seller. The notice of receipt of the order is delivered to the buyer's email address. If any of the requirements specified in the order cannot be fulfilled by the seller, he will send the buyer an amended offer to his e-mail address or will contact him by phone. The amended offer is considered to be a new draft of the purchase contract and in such case the purchase contract is concluded by the buyer ́s confirmation of the receipt of this offer to the seller ́s email address specified in these terms and conditions or via phone.
All orders received by the seller are binding. The buyer can cancel the order until the buyer is given a notice of receipt of the order by the seller. The buyer can cancel the order vie phone at

the seller's phone number or vie electronic message to the seller's email, both listed in these terms and conditions.

5. If there was a clear technical error on the side of the seller in placing the price of the goods in the online shop, or in the course of ordering, the seller is not obliged to deliver the goods to the buyer for this clearly false price. The seller informs the buyer of the error without undue delay and sends the amended offer to the buyer to his email address. An amended offer is considered a new draft of the purchase contract, and the purchase contract in this case is concluded by a confirmation of receipt by the buyer to the seller's email address.

IV. PAYMENT TERMS AND DELIVERY OF GOODS

1. The price of the goods and any costs associated with the delivery of the goods under purchase contract the buyer can pay in the following ways:

 cashless transfer to the bank account of the seller IBAN: SK25 0900 0000 0006 3410 0193 SWIFT: GIBASKBX conducted at Slovenská sporiteľňa

Together with the purchase price, the buyer is obligated to pay the seller the costs associated with packaging and delivery of the goods in the contractual amount. Unless otherwise expressly stated below, the purchase price also includes the cost of delivery.
In the case of cashless payment of the purchase price is payable within 14 days from the conclusion of the purchase contract.
In the case of cashless payment, the buyer's obligation to pay the purchase price is fulfilled by the moment of crediting the relevant amount to the seller's bank account.
The seller does not require any deposit or other similar payment from the buyer in advance. Payment of the purchase price before sending the goods is not a deposit.
According to the Act on Registration of Sales, the seller is obliged to issue a cash receipt to the buyer.
The goods are delivered to the buyer:

 to the address specified by the buyer in the order
 The choice of the method of delivery is carried out during the ordering of the goods.

The cost of delivery of goods depending on the method of sending and taking over the goods is indicated in the buyer's order and in the confirmation of the order by the seller. In the case that the mode of transport is agreed on the basis of a special request of the buyer, the buyer bears the risk and possible additional costs associated with this mode of transport.
If the seller under the purchase contract must deliver the goods to the place specified by the buyer in the purchase order, the buyer is obliged to take over the goods upon delivery. If, for reasons on the buyer’s side, the goods are to be delivered repeatedly or in any other way than indicated in the order, the buyer is obliged to reimburse the costs associated with the repeated delivery of the goods or costs associated with other means of delivery.
On receipt of the goods from the carrier the buyer is obliged to check the integrity of the packaging of the goods and in case of any defects, immediately notified this to the carrier. In case of detection of a breach of packaging indicating unauthorised intrusion into the consignment, the buyer may not take the shipment from the carrier.

4. The seller issues a tax document – invoice to the buyer. The tax document is sent to the buyer's email address. The buyer acquires ownership right of the goods by paying the entire purchase price for the goods, including delivery costs, but first by taking over the goods. Liability for accidental destruction, damage or loss of goods passes to the buyer upon receipt of the goods or the moment when the buyer was obliged to take over the goods, but did not do so in violation of the purchase contract.

V. WITHDRAWAL FROM THE CONTRACT

The buyer who has entered into a purchase contract outside his business as a consumer has the right to withdraw from the purchase contract even without stating a reason.
The deadline for withdrawal from the contract is 14 days from the date of receipt of the goods, from the date of receipt of the last delivery of the goods - if the subject of the contract is several types of goods or delivery of several parts, from the date of receipt of the first delivery of goods, if the subject of the contract is a regular repeated delivery of goods.

1. The buyer, among other things, can not withdraw from the purchase contract:

 about the provision of services, and if they were fulfilled with his previous explicit prior consent before the expiration of the period for withdrawal and the seller before the conclusion of the contract announced to the buyer in such case has no right to withdraw from the contract and if there was a complete provision of services,
 about the supply of goods or services whose price depends on fluctuations of financial market independently of the will of the seller and which may occur in the course of the period for withdrawal from the contract,
 about the supply of goods which have been adjusted according to the buyer's wishes, custom- made goods or goods intended specifically for one buyer,
 about the supply of perishable goods, as well as goods that, by their nature, have been irretrievably mixed with other goods after delivery,
 about the supply of goods in a sealed package, which is not advisable to return for health reasons or for hygienic reasons, and whose protective packaging was violated after delivery,
 about the supply of phonograms, image recordings, audio-video recordings, books or computer software, if sold in a protective case, and the buyer unpacked this packaging,
 about the supply of newspapers, periodicals or magazines except for sales under a subscription contract and the sale of books not supplied in protective packaging,
 about the supply of electronic content otherwise than on a tangible medium, if the provision began with the explicit consent of the buyer and the buyer stated that he was duly instructed that the by expressing such consent, buyer loses the right of withdrawal,
 in other cases referred to in § 7 para. 6 of Act no 102/2014 Coll. on Consumer Protection in the sale of goods or the provision of services based on a distance contract or a contract concluded outside the premises of the seller, as amended.

To comply with the withdrawal period, the buyer must send a withdrawal statement within the withdrawal period.
For withdrawal from the purchase contract, the buyer can use the sample form for withdrawal from the contract provided by the seller. Withdrawal from the purchase contract shall be sent by

the buyer to the seller's email or delivery address specified in these terms and conditions. The seller will confirm the receipt of the form to the buyer without delay.

The buyer who has withdrawn from the contract, is obliged to return the goods to the seller within 14 days of withdrawal. The buyer shall bear the costs associated with the return of the goods to the seller, even if the goods cannot be returned by the usual postal route for its nature.
If the buyer withdraws from the contract, the seller shall return to him without delay, but no later than 14 days from the withdrawal, all cash, including the delivery costs received from him, in the same way. The seller will return the received cash to the buyer in another way only if the buyer agrees with this and if this does not incur additional costs.
If the buyer has chosen a method other than the cheapest method of delivery offered by the seller, the seller shall refund to the buyer the cost of delivering the goods at an amount corresponding to the cheapest method of delivery offered.
If the buyer withdraws from the contract of sale, the seller is not obliged to return the funds received to the buyer before the buyer hands over the goods or proves that the goods sent to the seller.
The buyer must return the goods to the seller undamaged, unworn and uncontaminated and, if possible, in the original packaging. The seller is entitled to unilaterally set off against the buyer's claim for the return of the purchase price to compensate for the damage caused to the goods.
The seller is entitled to withdraw from the purchase contract due to selling out of stock, unavailability of the goods, or where the manufacturer, importer or supplier of the goods have stopped the manufacture or import of the goods. The seller shall promptly inform buyer vie e- mail address specified in the order and return within 14 days of the notice of withdrawal from the purchase contract all cash including the cost of delivery, which on the basis of the contract accepted, and in the same manner or in the manner specified by the buyer.

VI. RIGHTS FROM DEFECTIVE PERFORMANCE

1. The seller shall be liable to the buyer that the goods on receipt have no defects. In particular, the seller is liable to the buyer that at the time when the buyer took over the goods:

 The goods have the characteristics which the parties have negotiated and, in the absence of the arrangement, the characteristics which the seller or the manufacturer has described or which the buyer has expected with regard to the nature of the goods and the advertising the seller performed,
 the goods are suitable for the purpose which the seller indicates or to which the goods of this kind are normally used,
 the goods shall correspond to the quality or design of the agreed sample or template, if the quality or design has been determined according to the agreed sample or template,
 the goods are in the appropriate quantity or weight; and
 the goods comply with the requirements of the legislation.

1. If a defect manifests within six months from the receipt of the goods by the buyer, it is considered that the goods were defective already upon acceptance. The buyer is entitled to claim the right of defects occurring in the consumer goods during the twenty-four months of receipt. This provision does not apply to goods sold at a lower price to a defect for which a lower price has been negotiated, to wear goods caused by its normal use, for used goods on a defect

corresponding to the level of usage or wear that the goods had when taking over by the buyer or if it arises from the nature of the goods.

2. In case of a defect, the buyer can submit a claim to the seller and demand:

 if it is a defect that can be eliminated:
 free elimination of defects of goods,
 exchange of goods for new goods,
 if it is a defect that can not be eliminated:
 reasonable discount on the purchase price,
 to withdraw from the contract.

1. The buyer has the right to withdraw from the contract,

 if the goods have a defect that can not be removed and which prevents the thing from being properly used as a thing without a defect,
 if the goods can not be properly used for repeated occurrence of defects or defects after repair,
 if the buyer can not properly use the goods for a greater number of defects of the goods.

The seller is obliged to accept the claim in any establishment in which the receipt of the claim is possible, possibly also at the place of residence or place of business. The consumer can also file the claim to a person designated by the seller. If a consumer ́s claim is handled by a person designated by the seller, the claim can be handled only by handing over the repaired goods, otherwise the claim will be sent to the seller for equipment. The seller is obliged to give the buyer a written confirmation of when the buyer exercised the right, what is the content of the claim and how the claim is handled by the buyer as well as confirmation of the date and method of handling the claim, including confirmation of repair and its duration or a written justification for rejecting the claim.
If the consumer makes a claim, the seller or an employee authorized by him or the designated person shall instruct the consumer about his rights arising from the defective performance. On the basis of the consumer's decision as to which of the rights resulting from the defective performance is exercised, the seller or the employee authorized by him or the designated person shall be obliged to determine the manner of handling the claim immediately, in complex cases no later than three working days from the claim of the complaint, in justified cases, in particular if a complex technical assessment of the condition of the goods is required, no later than 30 days from the date of the complaint. After determining the way of handling the complaint, the complaint, including the removal of the defect, must be handled immediately, and in justified cases the complaint may be settled later. However, the complaint, including the removal of the defect, may not last longer than 30 days from the date of the claim. The expiry of this period in vain is considered a substantial breach of the contract and the buyer has the right to withdraw from the contract or has the right to exchange goods for new goods. The moment of claim is considered to be the moment when the will of the buyer (manifestation of the right of defective performance) occurs to the seller.
The seller shall inform the buyer in writing of the result of the complaint within 30 days from the date of the claim.
The right of defective performance does not belong to the buyer if the buyer knew before the takeover that the thing has a defect or if the buyer himself caused the defect.
In the case of a justified claim, the buyer has the right to compensation of the costs incurred in connection with the claim. The buyer may exercise this right within one month after the expiry of the warranty period.

The buyer has the choice of the method of complaint and its equipment, if there are several options.
The rights and obligations of the contracting parties regarding the rights of defective performance are governed by § 499 to 510, § 596 to 600 and § 619 to 627 of Act no. 40/1964 Coll. Of the Civil Code, as amended, and Act no. 250/2007 Coll., on Consumer Protection, as amended.

VII. WARRANTY PERIOD

A warranty period for the food equal to the date of expire date written on the package. Products that may not have the above warranty period are subject to a statutory warranty period.

The attached sales receipt or bank transaction serves as a guarantee letter at the same time.

VIII. PROTECTION OF PERSONAL DATA

Personal data processing 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 the processing of personal data and on the free movement of such data, which repeals Directive 95/46/EC (general regulation on data protection) and Act no. 18/2018 Coll. on the protection of personal data and on the amendment of certain laws.
You can find more detailed information about the processing of personal data in the section Privacy Policy.

IX. Delivery

The parties may deliver all written correspondence to each other by electronic mail.
The buyer shall deliver correspondence to the seller to the email address specified in these terms and conditions. The seller delivers correspondence to the buyer to the email address specified in his customer account or order.

X. OUT-OF-COURT DISPUTE RESOLUTION

The consumer shall have the right to apply to the seller for redress if he is not satisfied with the manner in which the seller has handled his claim or if he considers that the seller has infringed his rights. The consumer has the right to initiate an alternative (out-of-court) dispute resolution in an ADR entity if the seller responded to the request under the previous sentence or refused to reply to it within 30 days of its dispatch. This is without prejudice to the possibility for the consumer to go to court.
Theout-of-courtsettlementofconsumerdisputesarisingfromthepurchasecontractisthe relevant Slovak Trade Inspection, registered office: Prievozská 32, 827 99 Bratislava, Company identification number: 17 331 927, which can be contacted at the Slovak Trade Inspection, Central Inspectorate, Department of International Relations and alternative dispute resolution, Prievozská 32, 827 99 Bratislava 27, or electronically at or adr. @ soi.sk. Internet address: https://www.soi.sk/. The online dispute resolution platform located at http://ec.europa.eu/consumers/odr can be used to settle disputes between the seller and the buyer from the purchase contract.
EuropeanConsumerCenterSlovakRepublic,withitsregisteredofficeatMlynskénivy44/a, 827 15 Bratislava, web address: http://esc-sr.sk/ is the contact point of the European Parliament and Council Regulation (EU) no. Regulation (EC) No 524/2013 of 21 May 2013 on online

consumer dispute resolution and amending Regulation (EC) No 1782/2003 And Directive 2009/22 / EC (Regulation on consumer dispute resolution online).

4. The seller is entitled to sell the goods on the basis of a trade license. Trade control is carried out within the scope of its competence by the relevant District Office of the Trade Licensing Department. Slovak Trade Inspection performs, to a limited extent, supervision of compliance with Act no. 250/2007 Coll. on Consumer Protection, as amended.

XI. FINAL PROVISIONS

All arrangements between the seller and the buyer are governed by the law of the Slovak Republic. If the relationship established by the purchase agreement contains an international element, the parties agree that the relationship is governed by the law of the Slovak Republic. This is without prejudice to the consumer's rights under generally binding legal regulations.
In relation to the Buyer, the Seller is not bound by any codes of conduct pursuant to the provisions of Act no. 250/2007 Coll. on Consumer Protection, as amended.
All rights to the seller's website, in particular copyrights to the content, including page layout, photos, movies, graphics, trademarks, logos and other content and elements, belong to the seller. It is forbidden to copy, edit or otherwise use the website or part of it without the consent of the seller.
The seller shall not be liable for errors arising as a result of third party interference with the online shop or as a result of its use contrary to its intended use. Buyer may not use any practices that could adversely affect its operation when using the online shop and may not engage in any activity that might allow it or third parties to tamper with or use the software or other components of the online shop; its parts or software in a way that would be contrary to its purpose.
The purchase contract, including the terms and conditions, is archived by the seller in electronic form and is not publicly available.
The wording of the terms and conditions may be amended by the seller. This provision is without prejudice to rights and obligations arising during the period of effect of the previous version of the terms and conditions.
An annex to the terms and conditions is a sample of the withdrawal form.

Annex: Withdrawal from the purchase contracft - https://manlyspirits.sk/odstupenie-spotrebitela-od- zmluvy

Complaint protocol - https://manlyspirits.sk/reklamacie

These terms and conditions enter into force on 1 July 2019

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