I. General Terms and Conditions
Web shop kutjevo.com/webshop is owned by the joint stock company Kutjevo d.d. All materials found on kutjevo.com/webshop web store is the intellectual property of Kutjevo d.d. and may only be used with the express consent of the copyright holder and the trademark and / or design right holder. Kutjevo d.d. allow the use of web store services and content kutjevo.com/webshop as governed by these Terms of Business.
These Terms and Conditions (Pre-Contractual Notices) are part of the Seller’s obligation under the provisions of the Consumer Protection Act, with the aim that the Buyer is informed in a clear and understandable manner about a number of circumstances relevant to the conclusion, execution, termination of the contract. in accordance with the law. The term Seller refers to the joint stock company Kutjevo d.d .., Kralja Tomislava 1, 34340 Kutjevo, MBS 050017312, OIB: 21918659912, Tel: 385- (0) 34-255-002, e-mail: webshop@kutjevo.com, kutjevo.com/webshop
The term Customer refers to a natural person who, outside of any activity, orders and pays for any product through e-wine shop services; or web stores present on the Seller’s website.
Seller selling through a web store kutjevo.com/webshop acting in his own name. Terms of purchase (Pre-contractual notices) form part of the contract concluded at a distance together with the specifications and price (s) of the purchased product (s), and before confirming the order to purchase a particular product, the Buyer will be asked to accept after confirming the order (concluding the contract), the same will be delivered to the Buyer as the content of the e-mail message confirming that the contract has been concluded. The seller reserves the right to change the conditions at any time, provided that these changes take effect after publication on this online store.
When the Buyer confirms and executes the order, the contract is concluded. After confirming the order, ie accepting the terms of purchase, the seller immediately informs the buyer that the contract has been concluded by e-mail.
The contract is concluded and valid only if the buyer is an adult and has full legal capacity. The sale of alcohol is prohibited to persons under 18 years of age. The Buyer is fully responsible for the truthfulness and completeness of the data entered during registration.
The Seller is not responsible for violation of this provision. Before entering the e-wine shop or web store on the site kutjevo.com/webshop it was clearly and explicitly stated that the conclusion of the contract requires coming of age, and that the sale of alcohol is prohibited to persons under 18 years of age. When delivered by cash on delivery, the buyer bears the burden of proof of age when taking over the goods. Delivery will not be made in case of suspicion that it is a minor, unless he provides proof of his majority. Web store access kutjevo.com/webshop it may sometimes be unavailable due to works, maintenance or introduction of new content and in cases of unforeseen circumstances beyond the control of the Seller, which the Seller will try to eliminate as soon as possible.
II. The main features of the goods
Main features of the goods: the products are shown descriptively and in photographs, and the data on them are made on the basis of the Seller’s database.
Photographs of products are illustrative in nature, and do not always and in all details correspond to the products that are the subject of the order. The seller especially emphasizes that the visual identity of the product shown in the photo does not have to match the appearance of the product in reality, especially considering the monitor settings on the customer’s computer, differences in color perception as the customer sees them on the screen and the like.
Product information (product description, price, etc.) displayed on the website kutjevo.com/webshop are subject to bugs, application malfunctions, other technical irregularities, typographical errors, etc. In the event of obvious errors or omissions regarding the product data shown on kutjevo.com/webshop The seller reserves the right to unilaterally terminate the contract. The subject of the order can only be products for which the order states that they are available and available. Due to the large number of orders that are placed on kutjevo.com/webshop the product availability information may not be the same as the stock.
If the ordered product is not available in stock, the Seller will inform the Buyer that the product is not currently available, the period within which the product is available, and also offer the possibility of purchasing an alternative product from kutjevo.com/webshop which is available for delivery and which is closest in its characteristics to the product that cannot be delivered.
III. Product price
Prices displayed on the websitekutjevo.com/webshop are expressed in HRK. The cost of VAT and refund is included in the price of the product.
Product prices do not include delivery costs because they are paid separately, except for orders over 39.82 € when delivery is free, and all in accordance with the conditions and in the manner specified in these Terms of Purchase (Pre-Contract Notices).
Before confirming the order, the price of the product with VAT is stated separately, the delivery price if it is charged depending on the quantity of ordered goods is displayed together, and the final price so that the Buyer has an insight into the final price paid for the ordered purchase service.
In the case of payment by general order via Internet banking applications, and or payments by general payment slip, the costs of payment and / or interbank transactions are not included in the price.
V. Shipping costs
They are communicated when ordering for each individual product, and the total delivery costs in the case of ordering multiple products. The delivery price is divided into two categories:
- order value up to 39.82 € – delivery price 4,65 €
- order value over 39.82 € – free delivery
Note: the stated delivery prices and benefits related to them are valid only for deliveries for the territory of Croatia.
V. Costs of using means of remote communication
The seller does not incur any additional costs of means of remote communication.
VI. Terms and conditions of payment, terms of delivery of goods, time of delivery of goods
Products are ordered by selecting, using the menu and filling out the electronic form. The customer can order and purchase the product as a registered or unregistered user. The product is considered ordered when the customer goes through the entire ordering process.
Payment for ordered products can be made in the following ways:
- Credit card
- One-time: Premium Visa, MasterCard, Maestro and Visa cards
In case of payment by credit card, the payment must be made no later than the deadline indicated in the e-mail confirming that the contract has been concluded.
In relation to credit card payments, the Seller points out that the card payment system is integrated on the site. After selecting the payment by ‘Card’, the fields for entering card data will open. Card and owner information is not stored on the seller’s servers. The purchase was made after successful card authorization. If the system refuses to authorize card payments, you must select one of the alternative payment methods. The seller has no information on the reasons for card rejection, it can be technical or business in nature.
If the buyer does not receive notification that the contract was concluded after the completion of the ordering process, it is suggested to check:
- Spam
- Check that the mailbox is full
In case of non-payment within the specified period, the Seller will act on the subsequent payment outside the deadline for delivery of purchased products. In the event that the Seller for justified reasons is unable to make a timely delivery, the contract will be unilaterally terminated and the funds paid to the buyer’s account will be refunded.
If the payment is duly made and visible on the Seller’s account, the Seller will proceed with the delivery of the ordered products. The invoice for the order is delivered in the shipment together with the goods.
The ordered products are delivered to the entire territory of the Republic of Croatia. Delivery is made through: DPD Croatia and other available operators and delivery partners, of which the buyer will be notified.
Delivery will follow no later than 3 working days from the visible payment on the Seller’s account, except for the area of the island to which delivery is made twice a month and or according to the schedules of the selected courier service.
If the Seller is unable to deliver the selected product due to its unavailability in stock, the Seller is obliged to immediately notify the Buyer, and the Buyer has the right to terminate the contract, request a refund or agree to a subsequent delivery deadline. All ordered items will endeavor to be delivered in one package. If this is not possible due to the stock, the Seller reserves the right to deliver in several shipments.
Delivery is performed in accordance with the conditions of use of the delivery service, and is considered completed at the time of delivery of the product to the delivery service.
If the product sent to the Customer is returned because the delivery service failed to make the delivery, the Customer will be notified by e-mail or SMS and will be offered the following options:
- the ordered product / s will be re-delivered to the address of the Buyer / recipient according to the previously received written request of the Buyer
- the ordered product / s can be picked up at the Seller’s address with prior telephone and or written agreement on the pick-up date
If the Customer does not respond to the e-mail or telephone call sent to him within 3 days, and chooses one of the offered options, the selected product will be sent to the customer’s address by the delivery service.
When the Seller delivers the product (s) to the Buyer through the delivery service, the Buyer is obliged to take over the shipment with the handwritten signature of the operator’s invoice, which also confirms that the product (s) has been properly delivered.
In the event that the Buyer orders the goods and refuses to take them over, the Seller has the right to deduct the value of the amount in the amount of delivery costs and other manipulative costs from the delivery price list.
Delivery deadlines do not include:
- day of receipt of the order / request
- delay time due to incorrect and incomplete Customer address
- delay time due to force majeure or other reasons for which the Seller is not at fault
- non-working days if they represent the beginning or the end of the deadline
In the event that the ordered product is paid by cash on delivery, the Seller will proceed with the delivery of goods according to the above deadlines running from the confirmation of the order, and the Buyer is obliged to make payment during or immediately before taking over the product.
VII. Unilateral termination of the contract
Only the Buyer who has concluded the Distance Contract in the manner described above has the right, without stating the reasons, to unilaterally terminate the contract within 14 days. The period of 14 days starts from the day when the goods that are the subject of the contract are handed over to the Buyer or a third party designated by the Buyer, who is not a carrier / supplier. If the Buyer has ordered several pieces of goods to be delivered separately with one order, or if the goods are delivered in several pieces or more shipments, the deadline starts from the day when the last piece or the last shipment of goods is handed over.
If the Seller does not notify the Buyer of this right, the Buyer’s right to unilateral termination of the contract terminates within 12 months from the expiration of the termination period (12 months begins after the expiration of 14 days provided for regular termination in case of proper notice). If, on the other hand, the notice of the right to unilateral termination is submitted within 12 months, the right to unilateral termination terminates after the expiration of 14 days from the day when the Buyer receives that notice.
The Buyer is obliged to inform the Seller about his decision to terminate the contract before the expiration of the deadline for unilateral termination through the Form for unilateral termination of the Contract which is available. here and which can be filled in electronically and sent to the e-mail address: webshop@kutjevo.com. Confirmation of receipt of notification of unilateral termination of the contract, the Seller will deliver without delay by e-mail. The Seller may also be notified via the Unilateral Termination Form available here. After completing and submitting the form, you will receive a confirmation of receipt of the application by e-mail to the e-mail address you provided when filling out the On-line form for unilateral termination of the Agreement. If you unilaterally terminate this Agreement, we will refund the money we received from you, including shipping costs, without delay, and no later than 14 days from the date we received your decision to unilaterally terminate the Agreement. The costs of returning the goods are borne by the Buyer. The refund will be made in the same way as the payment. We can refund only after the goods are returned to us or after you provide us with proof that you have sent the goods back to us. You are obliged to return the goods to us immediately, and no later than within 14 days from the day when you sent us your decision on unilateral termination. Return the goods by post in a verifiable manner to the address Kutjevo d.d .., Kralja Tomislava 1, 34340 Kutjevo It is considered that you have fulfilled your obligation on time if before the expiration of the above deadline you send in a verifiable manner (registered with shipment) the goods in person at our warehouse. You are responsible for any impairment of the goods resulting from the handling of the goods, other than that which was necessary to determine the nature, characteristics and functionality of the goods.
If the returned product is defective, with major damage or without parts and documentation, and if it is not delivered within a subsequent period of 8 days, it is considered that the Buyer has not fulfilled its obligation to return the goods, and the Seller is not obliged to refund.
VIII. Liability for material defects / complaints
The seller is responsible for material defects of the products he sells on his website in accordance with the positive regulations of the Republic of Croatia, especially the Civil Obligations Act.
The ordered products are packaged in such a way that they are not damaged by the usual manipulation in transport or delivery
After completing and submitting the form, you will receive a confirmation of receipt of the application by e-mail to the e-mail address you provided when filling out the On-line form for unilateral termination of the Agreement. If you unilaterally terminate this Agreement, we will refund the money we received from you, including shipping costs, without delay, and no later than 14 days from the date we received your decision to unilaterally terminate the Agreement. The costs of returning the goods are borne by the Buyer. The refund will be made in the same way as the payment. We can refund only after the goods are returned to us or after you provide us with proof that you have sent the goods back to us. You are obliged to return the goods to us immediately, and no later than within 14 days from the day when you sent us your decision on unilateral termination. Return the goods by post in a verifiable manner to the address Kutjevo d.d .., Kralja Tomislava 1, 34340 Kutjevo It is considered that you have fulfilled your obligation on time if before the expiration of the above deadline you send in a verifiable manner (registered with shipment) the goods in person at our warehouse. You are responsible for any impairment of the goods resulting from the handling of the goods, other than that which was necessary to determine the nature, characteristics and functionality of the goods.
Upon receipt of the goods, the correctness of the order depends on the buyer, and the buyer is obliged to compare the received items with the invoice, if something is missing, he is obliged to immediately send a written complaint / complaint because subsequent complaints will not be considered.
In the event of a visible lack of product when picking up the shipment, the Buyer is not obliged to pick up the delivered product, may refuse receipt, and does not bear the cost of delivery of such product.
It is considered that the products that were duly received by the Buyer did not have a visible defect. The buyer has the right to complain in relation to material defects within the deadlines and for reasons prescribed by the provisions of the Law on Obligatory Deadlines. The customer can send a written complaint or complaint to e-mail webshop@kutjevo.com or in writing to the address: Kutjevo d.d., Kralja Tomislava 1, 34340 Kutjevo with an indication Reclamation.
In order to determine the specific order to which the Customer has a complaint as soon as possible, please be sure to write the order number, account number or your username in the complaint.
The buyer has the right to a justified complaint and to return the goods in the following cases:
- delivery of goods not ordered
- delivery of expired goods
- delivery of goods that have a defect or damage that did not occur during transport
If the product has a hidden defect (the defect that could not be detected by the usual inspection when taking over the goods) which the Buyer determines after opening the product – the Buyer has the right to unilaterally terminate the contract and refund, replace the product, eliminate the defect or reduce the price.
Otherwise, the seller will consider the complaint valid if the product inspection determines that it meets the conditions for a complaint in accordance with the Civil Obligations Act and the Consumer Protection Act. In this case, within 15 days of receiving a valid complaint, they will replace the product or refund the full amount paid upon termination of the contract. If, on the other hand, it finds that the complaint is not valid, ie if it rejects the complaint, it will notify the Buyer within 15 days from the day of receipt of the complaint.
Seller will accept return of damaged, defective or incorrectly delivered goods at its own expense, if it is determined that the complaint is justified and that the Buyer has not affected the correctness, damage or any defect of the goods.
In the event of a justified complaint, the cost of replacement with a new product is borne entirely by the Seller.
IX. Online dispute resolutiona
By special regulations of the European Union, from 15.02.2016. EU-wide disputes over online shopping can be resolved through a platform you can access here.
This means that if you encounter a problem during an online purchase within the EU (defective product, inability to replace the product, etc.) you can submit your complaint at the link above.
The platform can be used by both consumers and traders, and complaints can be lodged in any of the 23 official EU languages.
X. Contract duration
The contract concluded by the Buyer with the Seller is a one-time contract for the distance sale of products which is consumed by the delivery of goods and payment made by the Buyer, in the event that it is not terminated. These Terms of Purchase (Pre-Contract Notices) are an integral part of the contract
XI. Privacy and data security statement and cookies
These rules determine and regulate how the Seller uses, and protects all information that customers provide to the same when using the website kutjevo.com/webshop. Personal data is any information that relates to a specific natural person or a identifiable natural person.
In particular, personal data are all data that establish the identity of the customer (for example, name and surname, e-mail address, residential address, bank card information, etc.).
The processing of personal data is any action or set of actions performed on personal data, whether by automatic means or not, such as collecting, recording, organizing, storing, adapting or modifying, withdrawing, inspecting, using, disclosing, publishing or otherwise made available, sorting or combining, blocking, deleting or destroying, and performing logical, mathematical and other operations with that data.
By registering on the website kutjevo.com/webshop by purchasing as a guest or accessing the site itself, the buyer agrees that the Seller processes his personal data listed in the registration form, and order data, as well as data available in the process of payment for the service and other data. The same information is used for the purpose of concluding contracts, and for the purpose of acquainting sellers with the buying habits of buyers, and for the purpose of promoting the seller’s services and products. The Seller undertakes to protect the privacy of personal data of all Buyers, and will treat them in accordance with the Personal Data Protection Act, or other applicable regulations. All of the above personal data may not be used by the Seller or made available to third parties without authorization, except in cases where a special law allows it or is necessary for the purpose of fulfilling contractual obligations. All employees of the Seller and business partners are responsible for respecting the principles of privacy protection. In the event of a change in any of the personal data (eg place of residence, delivery address) recorded during registration, the buyer is obliged to notify the seller of the change to the e-mail address webshop@kutjevo.com. In the event that the Buyer no longer wants the Seller to process the data in any way, he is obliged to do so in writing by e-mail szp@kutjevo.com send a request for correction / deletion from the database, by filling out the form that you can download here: Respondent’s request.
webshop@kutjevo.com (website tag) uses ‘cookie’ programs as a session identifier, ie ‘cookie’ contains the so-called. ‘Session id’, in order to ensure that during the session the webshop recognizes and remembers the customer’s browser, and thus the customer, and thus enables the purchase. In order to make the visit to this website as pleasant, functional and practical as possible, this website stores a certain amount of information, so-called cookies, on your computer. They serve to make the website work optimally and to improve your browsing and usage experience. By visiting and using this website, you agree to the use of cookies, which can also be blocked. After that, you will still be able to browse the website, but some options will not be available to you.
What are cookies?
A cookie is a piece of information stored on your computer, mobile phone or tablet, which can be delivered directly by the website you visit (cookies from the first page) or in collaboration and for the needs of the website by a third party (Facebook, Instagram, You Tube, Google Analytics). They serve to make the website work optimally and to improve your browsing and usage experience. By visiting and using this website, you agree to the use of cookies, which can also be blocked. Cookies usually store your settings, web page settings, etc. After you open the web page again, your internet browser sends back cookies that belong to this web page. This allows the page to display information tailored to your needs. Cookies can have a wide range of information, including some personal information. Such information can only be saved if you allow it. The website itself cannot access information that you did not give them and cannot access any other file on your computer.
What are persistent cookies?
Persistent or saved cookies remain on your computer after you close your Internet browser program. With them, websites store information, such as a login name and password, so you don’t have to log in every time you visit a particular site.
What are temporary cookies?
Temporary cookies or session cookies are removed from your computer when you close your Internet browser. They are used by websites to store temporary data. webshop@kutjevo.com (website tag) uses ‘cookies’ programs as a session identifier, ie ‘cookies’ contain the so-called. ‘session id’, to ensure that during the session the webshop recognizes and remembers the customer’s browser (browser), and thus the customer, and thus enable the purchase (eg memory of the shopping cart during the browser session, security via Internet banking …).
How to disable cookies?
If you want to disable the storage of cookies on your computer, you can do so. The very act of blocking could have a negative effect on the use of the website. To turn off cookies, you need to configure your Internet browser settings and configurations. In the browser menu, select help and cookie information and follow the instructions. For more information on cookies visit the links: http://www.allaboutcookies.org/.
XII. Online payment security statement
When paying on our web store, use CorvusPay – an advanced system for secure acceptance of payment cards via the Internet.
CorvusPay ensures the complete confidentiality of your card data from the moment you enter it in the CorvusPay payment form. Payment information is forwarded encrypted from your web browser to the bank that issued your card. Our store never comes into contact with complete information about your payment card. Also, data with inaccessible even to employees of the CorvusPay system. The isolated core independently transmits and manages sensitive data, keeping it completely secure. The form for entering payment data is provided with the SSL transport code of the highest reliability. All stored data is additionally protected by encryption, using a cryptographic device certified according to the FIPS 140-2 Level 3 standard. CorvusPay meets all requirements related to the security of online payments prescribed by leading card brands, ie operates in accordance with the standard – PCI DSS Level 1 – the highest security standard of the payment card industry. When paying with cards included in the 3-D Secure program, your bank, in addition to the validity of the card itself, additionally confirms your identity using a token or password.
Corvus Info considers all collected information to be a bank secret and treats it accordingly. The information is used exclusively for the purposes for which it is intended. Your sensitive data is completely secure, and its privacy is guaranteed by state-of-the-art security mechanisms. Only the data necessary to perform the work in accordance with the prescribed demanding procedures for online payment is collected. Security controls and operational procedures applied to our infrastructure ensure the current reliability of the CorvusPay system. In addition, by maintaining strict access control, regular security monitoring and in-depth checks to prevent network vulnerabilities, and the planned implementation of information security provisions, they permanently maintain and improve the level of system security by protecting your card data.
GENERAL CONDITIONS OF THE SALE OF VAULT CERTIFICATES
Article 1
Application
These conditions apply to the purchase of prized Kutjevo wine varieties whose labels have been carefully selected by our oenologists and which will have the option of being stored in the unique wine vault of the winery Kutjevo d.d., Vault 1232. 1,232 bottles of wine will be deposited in the wine vault and cared for on behalf of users who will have the opportunity to buy a position and put their wine to age.
Article 2
Definitions of Terms
„Kutjevo d.d.“ – seller
“Buyer” – the owner of the vault certificate
“ID card” – identification card of the vault certificate owner
Article 3
Buying a Place in the Wine Vault
The contact for purchasing a place in the wine vault Trezor 1232 is made via the e-mail address trezor@kutjevo.com,, via the web shop, by calling the number 0800 200 052 and similar.
When making a purchase, the customer receives information about the product upon request, and if s/he is interested in buying, s/he will ask for an offer. The sale based on the buyer’s expressed interest forms an offer, along with which the General Terms and Conditions for the sale of vault certificates are sent. If the customer accepts the offer and makes the payment, s/he submits his/her information: first and last name, address, contact phone number and e-mail so that s/he can be issued an invoice.
When making a purchase via the web shop, when the customer puts the product in the shopping cart, and before concluding the order, s/he receives information about the Terms of Sale, which include the General Terms and Conditions of Vault Certificates as an attachment. Confirmation of the order will be sent to the customer’s e-mail address, and the customer will receive an invoice.
After the purchase, owners of vault certificates also receive a special package containing an ID card, a medal and part of the terroir from which our vines derive their identity, which is specific to each selected wine. The ID card shows the position of the wine in the wine vault, the name of the wine, and the year of harvest.
The buyer can consume wine from the vault certificate only when it reaches its full potential, as defined by the expert team of Kutjeva d.d.
Article 4
Wine Storage
Kutjevo d.d. undertakes to store the wine in accordance with the rules of the profession, and to inform
the customer when the deposited wine is ready for consumption.
Article 5
Scope of Responsibility
Kutjevo d.d. is responsible for keeping up-to-date records of owners of vault certificates. Kutjevo d.d. undertakes to allow the owner to personally come and enjoy the wine in the wine vault or to deliver the wine to the customer according to his/her wishes in adequate packaging anywhere in the world.
Article 6
Personal Data Protection
KUTJEVO d.d. is the data controller. You can contact us by post at the address Kralja Tomislava 1, Kutjevo, with the indication “For the data protection officer” or by e-mail: szp@kutjevo.com.
We collect and process your personal data for the purpose of fulfilling the rights and obligations arising from the Distance Sales Agreement that you entered into with us when you became the Owner of the vault certificate, and for the purpose of contacting you after your bottles of wine have reached their full potential and are ready for consumption. If the data is processed for another purpose, before processing we will provide you with information on the other purpose and all other relevant information.
Access to your personal data is granted to a person authorized by a special decision of the controller, who will be tasked by the manager with contacting the Owners of vault certificates. All persons who can access your personal data during the performance of their regular work duties have signed Declarations of Confidentiality. If, when we contact you, you express a desire for us to deliver the wine to your address (anywhere in the world), we share your personal data with persons we trust who will perform certain processing of your personal data on our behalf (delivery service).
Furthermore, we must emphasize that it is possible to disclose your personal data to an authorized third party if this is required or permitted by binding regulations (e.g., government bodies, courts and other third parties considered to be public authorities).
The controller processes personal data such as your name and surname, e-mail address, telephone number and delivery address.
We store your personal data in accordance with the positive regulations of the EU and the positive regulations of the Republic of Croatia, for the duration of the contractual relationship, and no longer than the period for which the data is necessary to fulfill the purpose of their collection. If judicial, administrative or extrajudicial proceedings have been initiated, personal data may be stored until the end of such proceedings, including the possible period for filing appeals.
Your rights are as follows: right of access, right of correction, right of erasure, right of restriction of processing, right of objection, right to data portability.
If you want to know more about your rights, feel free to contact the data protection officer via e-mail: szp@kutjevo.com.
If you believe that your rights have been violated, you have the right to file a complaint with the Personal Data Protection Agency.