1.1. This General terms and conditions (hereinafter: Terms) provide conditions of the purchase and sale of goods and services provided by the company Enolyse d.o.o.
1.2. The Terms are published on the web page of Enolyse d.o.o. and at its place of business.
1.3. General data about Enolyse d.o.o.:
- Company name: ENOLYSE d.o.o.
- Seat: Brežice
- Business address: Valvasorjeva ulica 33, 8250 Brežice
- Reg. number: 6491529000
- Tax number: 17183065
- VAT ID number: SI 17183065
- Phone number: +386 41 244 399
- E-mail: email@example.com
- Web page: http://enolyse.com
2.1. The Buyer under this Terms is a legal or natural person, who uses the services or buys the goods under the Terms and who concludes a sales contract with Enolyse d.o.o.
2.2. Consumer is every natural person, so defined by the applicable law, who obtains and uses the goods and services for the purposes not related to his business or gainful activity.
2.3. Means of distance communication are such means that enable the conclusion of the contract without physical presence of both contracting parties. Such means are especially: letters, orders, catalogues, telephone conversations, TV sale, e-mail, internet, etc.
2.4. The Goods under this Terms represent all objects, applications, etc., that are purchased by the buyer under the conclusion of the sales contract with Enolyse d.o.o.
2.4.1. EnoApp is a mobile application, which enables the user to manage cellar tasks. It has a local data storage and also cloud backup. It uses WIFI and Bluetooth connection, mobile camera and local mobile settings, like device language.
2.4.2. EnoMeter is a smart sensor that is able to measure sugar and temperature. It can be easily mounted on your tank through 1/2 ” mount and uses a battery as power supply. It measures wine parameters automatically and continuously and sends measured data via Bluetooth to your smartphone. EnoMeter uses also local data storage, which is erased every week.
3. Purchase of goods and services
3.1. The properties of the goods and services are defined by the individual good or service or are communicated to the buyer upon the purchase of the goods or services.
3.2. All prices are determined in euros and include VAT, if not expressly agreed otherwise. Enolyse d.o.o. reserves the right to amend the prices.
3.3. Potential other impositions, related to the shipment to third countries are not included in the price.
3.4. The conditions and deadlines of special offers are marked along with the specific goods or services.
3.5. If the Buyer unjustifiably avoids the contract, Enolyse d.o.o. is entitled to claim costs incurred and damages under the applicable law. Aforesaid does not apply to the Consumers.
3.6. By confirming the order the Buyer agrees and confirms the Terms. The Terms exclude any other terms, with the exception of a written contract, signed by the Buyer and Enolyse d.o.o.
3.7. Extra expenses, related to the order (e.g. shipment, packaging) are defined along with the specific offer. The Buyer is notified of extra expenses prior to the conclusion of the order.
3.8. The pictures of the goods are symbolic.
3.9. Enolyse d.o.o. is liable for any defects of the goods according to the applicable law. Enolyse d.o.o. grants the warranty for faultless working of the goods, if it is so noted on the warranty certificate or on the invoice.
4. Purchase of the Goods and services at distance and off-premises
4.1. The Terms provide the conditions of concluding contracts at distance and off-premises.
4.2. The contract concluded at distance is a contract, concluded between Enolyse d.o.o. and the Consumer, based on an organized sale at distance or a service system without simultaneous presence of the contracting parties, led by Enolyse d.o.o., who uses for the purposes of the conclusion of the contract the means for distance communication, until the moment of conclusion of the contract.
4.3. The contract, concluded off-premises is a contract between Enolyse d.o.o. and the Consumer, concluded in presence of Enolyse d.o.o. and the Consumer outside of the business premises of Enolyse d.o.o.
4.4. The Buyer and the Consumer shall be acquainted by the Terms prior to the conclusion of the contract and by the conclusion of the contract they confirm their consensus to the rights and liabilities, deriving from the Terms.
4.5. All rights and obligations according to the applicable consumer law on the distance trade apply and are respected by Enolyse d.o.o.
5. Means of purchase of the goods and services at distance of off-premises
5.1. Order by telephone
5.1.1. By submitting an order via telephone, the Buyer submits the order for the goods and services.
5.1.2. The Buyer notifies Enolyse d.o.o. of all the data, required for conclusion of the contract.
5.1.3. Should the costs of the order differ from the general telecommunication fees, the Buyer will be so notified by Enolyse d.o.o.
5.2. Web sites and mobile applications of Enolyse d.o.o.
5.2.1. The Buyer orders goods via web form. The buyer selects the quantity of the goods and submits the personal data. The payment is proceeded via Paypal platform or with the credit card. The Buyer will receive the order confirmation to the e-mail, submitted upon the order. The goods are delivered via post.
5.2.2. Enolyse d.o.o. may offer a discount for the immediate payment. In such event the Buyer has a right to choose between the immediate payment at the discounted price, determined on the web site, or the payment of the entire price in 3 days before shipment.
6. Personal data privacy and processing
6.1. By submitting the data to the web site or mobile application, or by any other means, the buyer permits personal data processing. Enolyse d.o.o. shall use and keep the collected personal data according to the applicable data privacy law.
6.2. Personal data are collected exclusively for the purposes of order processing and for internal needs of Enolyse d.o.o., for the execution of the payment, statistical purposes, sending offers, buyer segmentation, buyer behavior monitoring, promotion etc. Enolyse d.o.o. will obtain Buyer‘s consent for personal data processing.
7. Payment methods
7.1. Upon the purchase the Buyer is able to choose among the following available payment methods:
- Credit/Debit card
- Cash on delivery charge
- Payment upon pro forma invoice
7.2. The costs related to the selected payment method are charged according to terms and prices of the issuer or provider of payment services. Enolyse d.o.o. will notify the Buyer, when the costs are being charged to the Buyer.
7.3. The web form, completed by the Buyer upon the order shall not be deemed as an invoice. Notwithstanding the goods or the payment method, Enolyse d.o.o. will send the invoice upon shipment of the goods. Enolyse d.o.o. keeps an electronic copy of the invoice in its base.
7.4. Until the payment is full, the goods remain the sole property of Enolyse d.o.o. In the event of non-payment, Enolyse d.o.o. is entitled to demand the return of the goods in a flawless condition.
7.5. Enolyse d.o.o. undertakes the obligation to apply all reasonable safety measures in order to ensure the privacy and safety of the data, obtained upon the payment. Enolyse d.o.o., however, shall not be held liable for potential theft of the data, except in the event of the liability of Enolyse d.o.o.
8.1. Enolyse d.o.o. may obtain pre-orders for the goods not yet available for shipment.
8.2. Enolyse d.o.o. may offer to the Buyer a special discount for pre-payment of pre-ordered goods.
8.3. The conditions and the amount of a discount shall be marked along with the offer. The buyer has a right to choose to buy the goods at a discounted price and pays the pre-payment or to buy the goods at a full price paid upon shipment of the goods.
8.4. If the Buyer unjustifiably avoids the contract, Enolyse d.o.o. is entitled to claim costs incurred and damages under the applicable law. Aforesaid does not apply to the Consumers.
9.1. The sales contract is normally concluded when Enolyse d.o.o. sends the order confirmation to the Buyer, except when otherwise provided by the Terms.
9.2. In the event of the payment with the credit/debit card or Paypal it shall be deemed that the sales contract is concluded in the moment of successfully executed transaction. In the event of a failed transaction, Enolyse d.o.o. will notify the Buyer.
9.3. The order confirmation will be sent to the Buyer to the e-mail address, submitted upon the order according to the Terms.
9.4. The sales contract is concluded in Slovene or English language, whereas the Terms are published in both languages.
9.5. By clicking the „order button“, the Buyer confirms the age of 18 years and the full capacity to contract.
9.6. Enolyse d.o.o. reserves the right to deny the shipment of goods to the Buyer, if the Buyer has any previous unsettled orders towards Enolyse d.o.o.; if the Buyer is in an outstanding dispute with Enolyse d.o.o. and if the buyer abuses the right of return of the shipment under the applicable law.
10.1. Potential delivery costs and conditions are defined in the process of the order.
10.2. Enolyse d.o.o. will deliver the good in the agreed time and according to the conditions and prices of the shipment providers.
10.3. Ordered goods shall be delivered to the address, submitted upon the order.
11. The right to avoid the contract in the event of the sale at distance or off-premises
11.1. The Consumer has the right to avoid the contract within 14 days of the delivery of the goods upon prior written notification to Enolyse d.o.o. without any specific reason:
- To the e-mail address: firstname.lastname@example.org
- To the address: Valvasorjeva ulica 33, 8250 Brežice, Slovenija
11.2. It shall be deemed that the notification is timely if it is sent within the deadline, stated in the previous sentence.
11.3. The Consumer shall return the goods to Enolyse d.o.o. to its business address, as defined in Article1.3. of the Terms within 14 days of the notification. The costs of return shall be covered by the Consumer. The goods shall not be compromised, used, changed, damaged and they have to be in the original package and of the same quantity as delivered. The copy of the invoice shall be attached and also all supporting documentation., related to the goods.
11.4. Enolyse d.o.o. shall return to the Consumer all obtained payments in shortest time possible, in 14 days of receiving the statement from the first sentence of this Article at the latest. Enolyse d.o.o. is entitled to withhold the return of the payment without late payment interests, until the goods are returned. The payment will be returned in the same form as it was obtained.
11.5. The return of the goods from the previous sentence without any express statement and within the provided deadline from the first sentence of this Article, shall be deemed as the avoidance of the contract.
11.6. The consumer has no right to avoid the contract, in the event of the goods being made under Consumer‘s specific instructions and are modified to Consumer‘s specific needs or in the event of sealed audio and video tapes or computer programs if the Consumer unseals the security seal.
11.7. The goods shall not be used until the avoidance of the contract. They only may be verified and tested in such necessary scope that enables the verification of the goods. Any test that would exceed the aforementioned could be deemed as the use of the goods and the Consumer will loose the right to avoid the contract.
11.8. The Buyer is entitled to avoid the contract according to the law of obligations.
12. Intellectual property
12.1. The Buyer is granted a non-exclusive, non-transferable, revocable license to access and use the goods according to the Terms. The intellectual property rights are owned exclusively by Enolyse d.o.o and its suppliers.
12.2. All the content included as a part of Enolyse system, such as text, graphics, logos, images, as well as the compilation thereof, any software, etc., is the property of Enolyse d.o.o. or its suppliers and protected by the applicable law
12.3. The Buyer shall not use the goods for any unlawful purposes or for the purposes prohibited by these terms, conditions, and notices. The goods shall not be used in any manner that could damage, disable, overburden, or impair the goods, web sites or applications of Enolyse d.o.o. and shall not interfere with any other party’s use of the goods, websites or applications.
13. Choice of law and jurisdiction
13.1. The applicable law is the applicable law of the Republic of Slovenia.
13.2. In the event of invalidity of a certain provisions of the Terms according to the applicable law, the Terms remain valid in the rest and the invalid provision is replaced by the applicable law or the agreement between the parties.
13.3. The parties agree to solve the disputes amicably. If an amicable solution will not be possible, the parties agree that the competent court is the court in Krško, Slovenia.
13.4. The Terms are published in Slovene and in English language. The Slovene language is official.
14. Final provisions
14.1. The Terms shall take effect as of 5 March 2015.
14.2. The Terms may be amended at any time, thus, the Buyer is consulted to read them upon every purchase.
14.3. For the individual order the applicable Terms are the Terms that are published on the web site and in force in the moment of the order submission.