General Terms and Conditions for wholesalers
General terms and conditions of sale of goods of the Jerky.wtf to business entities (for wholesalers)
Jerky.wtf s.r.o.,
Lidická 700/19, Brno, 602 00, IČ: 22520651 DIČ: CZ22520651
Contact details: Tel: +420 773 793 970 (call price is standard according to your operator's tariff) E-mail: info@jerky.wtf, wholesale@jerky.wtf
1. INTRODUCTORY PROVISIONS, DEFINITIONS AND INTERPRETATION OF TERMS
1.1 Definition of some terms
1.1.1 Seller –Jerky.wtf s.r.o., with registered office Jerky.wtf s.r.o., Lidická 700/19, Brno, 602 00, IČ 22520651;
1.1.2 Buyer – a natural person, entrepreneur or legal entity who has concluded a purchase agreement under the Civil Code with the Seller;
1.1.3 Contract – a purchase agreement under the Civil Code, concluded in electronic form between the Seller and the Buyer;
1.1.4 Business Terms and Conditions – General Business Terms and Conditions for the sale of goods by the Seller to business entities and an integral part of the Contract;
1.1.5 Goods – movable items of the category of durable food (dried meat, etc.), which may be the subject of business relations under the Business Terms and Conditions;
1.1.6 Website – website located under the domain www.jerky.wtf
1.1.7 Wholesale Price List – is a price list that the Buyer requests from the Seller, the prices listed here are prices excluding VAT. The price list also includes recommended retail prices including VAT.
Jerky.wtf s.r.o.
Lidická 700/19, Brno, 602 00,
www.jerky.wtf
1.2 General Terms and Conditions
1.2.1 These Terms and Conditions are an integral part of the Contract concluded between the Seller and the Buyer, they regulate the mutual rights and obligations of the contracting parties under the Contract and the rights and obligations of the Buyers when purchasing goods.
1.2.2 Unless a different arrangement is expressly stated in the Contract or the validity of some provisions of these Terms and Conditions is not excluded or otherwise modified by the Contract, these Terms and Conditions and the Price List of Goods shall apply to the mutual relations of the contracting parties.
2. GENERAL TERMS AND CONDITIONS OF THE PURCHASE CONTRACT
2.1 Eligibility of the Buyer to conclude a purchase contract
2.1.1 The conclusion of purchase contracts is public and natural persons – entrepreneurs and legal entities may participate in them.
2.2 Offer of goods
2.2.1 The offer of goods is listed on the website, this offer is current, while the seller does not guarantee the immediate availability of the goods. Goods immediately available are goods listed as-in-stock.
2.3 Order of goods Confirmation of order and formation of a purchase contract
2.3.1 Before the first order, the buyer sends a request to send the current price list. The prices in the price list are stated without VAT.
2.3.2 The buyer is obliged to comply with the minimum order quantity of CZK 5,000, excluding VAT.
2.3.3 The purchase contract is concluded by sending the order:
by email to wholesale@jerky.wtf and their confirmation by the Seller to the email specified by the buyer in the order. At the same time, the buyer is obliged to express agreement with the Terms and Conditions and the price of the goods.
2.3.4 Confirmation of the order by the Seller is the acceptance of the Buyer's proposal to conclude a purchase contract, which is concluded at the moment when the Buyer receives the order confirmation at the address sent by him; If the Buyer has entered incorrect contact information, as a result of which the order confirmation cannot be delivered to him, the Seller is entitled to cancel the order.
2.3.5 The order must contain:
• TYPE AND QUANTITY OF GOODS; Identification of the Buyer: trade license or other authorization The Buyer, who is a natural person, is obliged to enter his name, surname, e-mail address, ID number, place of business, and telephone number during registration.
Jerky.wtf s.r.o.,
Lidická 700/19, Brno, 602 00,
www.jerky.wtf
The Buyer, who is a legal entity, is obliged to enter the name of the legal entity, the name and surname of the person authorized to act on behalf of this person, as well as the registered office, e-mail address, ID, VAT number, and telephone number during registration.
• METHOD OF TRANSPORT;
• FORM OF PAYMENT OF THE PURCHASE PRICE OF THE GOODS;
2.3.6 The Buyer is obliged to inform the Seller of any change in any of the data specified in Articles 2.3.5. immediately when such a change occurs.
2.3.7 If the User does not have the appropriate business authorization specified in point 2.1.1. above, the conclusion of the contract may be refused and, if applicable, compensation for damages may be claimed from him in accordance with the applicable legal regulations of the Czech Republic.
2.4 Change of order – purchase contract
2.4.1 In the event of confirmation of the order by the Seller, the Buyer has the right, within 24 hours of receiving the order confirmation (conclusion of the purchase contract), to submit a proposal to the Seller by telephone to change the purchase contract or to cancel it, if the goods have not already been dispatched. If he fails to do so within the specified period, the purchase contract is concluded between both parties, in the form as stated in the order confirmation and on the date of delivery of the order confirmation to the Buyer.
2.5 Purchase price and payment terms
2.5.1 The Seller is obliged to deliver the ordered goods to the Buyer at the agreed price according to the current Wholesale Price List (which the Buyer receives by email) and the Buyer is obliged to pay the purchase price.
2.5.2 The Buyer shall pay for the first three orders of goods in advance. An invoice with a maturity of 14 days will be issued for further orders, unless otherwise specified. Further orders of goods may be placed only if the financial volume of the order of goods does not exceed the average amount of orders for the last calendar half-year or if the Buyer is not in arrears with the payment of financial obligations to the Seller. The parties have agreed to the mutual acceptance of electronic invoices sent by email.
2.5.3 The Buyer may pay the price of the goods and any costs associated with the delivery of goods under the purchase contract to the Seller in the following ways:
• by bank transfer to a bank account that the Seller will notify the Buyer of during the order process (hereinafter referred to as the “Seller’s account”)
• by cashless means via a payment system;
2.6 Withdrawal from the purchase contract by the Buyer
2.6.1 The Buyer is entitled to withdraw from the purchase contract due to a material breach by the Seller, in particular if the Seller is in delay with the delivery of the goods for more than 30 days.
2.6.2 Withdrawal must be made in writing via e-mail. In the withdrawal, the Buyer is obliged to identify the order.
2.6.3 In the event of a valid withdrawal from the purchase contract before the goods are delivered to the Buyer, the Seller is obliged to return the purchase price to the Buyer; if this has been paid.
2.7 Withdrawal from the purchase contract by the Seller
2.7.1 The Seller takes care of good orientation in the goods market, nevertheless, in exceptional cases, situations may arise where it will not be able to deliver the ordered goods under the conditions agreed in the purchase contract. The Seller therefore reserves the right to withdraw from the purchase contract in cases where the ordered goods are no longer sold or delivered or in the event that the Seller retains the goods for its own sale.
2.7.2 The Seller and the Buyer also have the right to withdraw from the purchase contract if,
• there have been significant changes in the prices of the ordered goods,
• there have been significant changes in the prices of the goods' transportation,
• the Buyer has not accepted the relevant change to the purchase contract, i.e. an increase in the price of the goods or an increase in the costs of transportation.
2.7.3 If the situation described above in this Article 2.7.2 of the Terms and Conditions occurs, the Seller is obliged to immediately inform the Buyer about the impossibility of delivering the goods, or propose to the Buyer a change in the price of the goods or the costs of transportation. If the Buyer has already paid part or all of the purchase price, the Seller is obliged to transfer this amount to the Buyer's account as soon as possible, but no later than within 10 working days.
3. DELIVERY OF GOODS
3.1 Delivery date
3.1.1 The delivery date is usually 3 working days from the date of conclusion of the purchase contract, unless the Seller reserves a longer period in the event that the goods are not in stock or there is another obstacle preventing their immediate shipment to the Buyer.
3.2 Method of delivery and transport costs
3.2.1 The method and place of delivery of the goods is specified by the Buyer in the order.
3.2.2 The Seller shall fulfill the obligation to deliver the goods by sending them if they were to be sent by a carrier or by collecting the goods at the Seller's premises.
3.2.3 The document proving the delivery of the goods is an invoice (delivery note) or another document (e.g. delivery note, bill of lading, transport or forwarding contract) proving that the goods were handed over to the Buyer or the carrier.
3.2.4 If the goods are delivered to the Buyer by collection at the Seller's premises, then the Seller will issue the goods according to the confirmed order, only to persons who present a written authorization from the Buyer and prove their identity. The Seller is not liable for damage incurred by the Buyer due to the forgery of an identity document or written authorization. Goods issued by an authorized person are considered to be goods duly and timely delivered to the Buyer.
3.2.5 The Seller is entitled to withdraw from the Contract or not to deliver the goods for the period during which the Buyer is in default with the payment of any financial obligations towards the Seller.
3.3 Transfer of ownership and risk of damage to the goods
3.3.1 Ownership of the goods is transferred to the Buyer upon their handover to the Buyer (if the purchase price has been paid in full) and otherwise upon full payment of the purchase price.
3.3.2 The risk of damage to the goods and their accidental destruction or deterioration of the goods is transferred to the Buyer at the moment when the Seller hands over the goods to the carrier or when the Buyer collects them from the Seller.
3.4 Inspection of the goods by the Buyer
3.4.1 The Buyer is obliged to inspect the goods without undue delay after receipt and to complain in writing to the Seller about any defects in quantity and obvious defects no later than 48 hours by email to wholesale@jerky.wtf from receipt of the goods.
4. QUALITY GUARANTEE, COMPLAINTS, LIABILITY
4.1 The Seller provides the Buyer with a quality guarantee for the shelf life stated on the packaging.
4.2 The guarantee begins to run from the moment the risk of damage to the goods passes and expires upon expiry of the guarantee period,
4.3 The guarantee does not apply to:
• wear and tear of the goods caused by their normal use,
• defects caused by improper use of the goods, if this has led to their damage,
• defects caused by failure to comply with the instructions specified by the manufacturer or supplier in the documentation for the goods, in particular inappropriate storage conditions - for example, storage outside the temperature range of 5-25 °C.
• defects caused by damage to the goods by the elements (e.g. floods) or other actions that could not have been foreseen.
4.4 The Buyer acknowledges that the photographs shown with the goods may in some cases distort the size or colour of the goods, which does not constitute a defect in the goods.
4.5 The Seller is liable for damage caused by breach of its obligations. The Seller is not liable for the Buyer's lost profit and is liable for actual damage up to the maximum amount of the price of the goods paid by the Buyer, on the basis of which the damage occurred.
5. FURTHER SALE OF GOODS AND ITS LIMITATIONS
5.1 The Buyer is entitled to sell goods to other buyers who are not end customers, but buyers within the meaning of these terms and conditions (entrepreneurs) only with the written consent of the Seller. The Buyer is obliged to request this consent by email or fax to the Seller before reselling the goods. In the application, the Buyer must indicate the identification of the other buyer, i.e. the entrepreneur's company (name and surname) or the company of a legal entity, ID number and contact details (email, place of business or registered office). The Seller is obliged to grant or refuse this consent no later than within 5 working days from the date of receipt of the application.
Every other buyer is obliged to comply with the Seller's terms and conditions and act in accordance with them, which the buyer who resells the goods is obliged to inform these persons about.
5.2 The Buyer (and his buyers) undertake not to offer or sell the goods further via internet auctions and internet bazaars.
5.3 In the event that the obligations agreed upon above are deemed or declared invalid, the contracting parties have agreed on a right of pre-emption for the goods, only if the Buyer intends to resell the goods to persons who are not end customers but buyers within the meaning of these terms and conditions or if he intends to sell the goods at internet auctions. The right of pre-emption is agreed in such a way that the Buyer is obliged to sell these goods under the same conditions under which they were sold to him by the Seller, at his own expense, within 5 working days of the Seller's request.
6. CONFIDENTIALITY, PROTECTION OF INTELLECTUAL PROPERTY RIGHTS
6.1 The Seller and the Buyer are obliged to maintain complete confidentiality of all data and information (confidential information) that they learn in connection with the conclusion of the purchase contract and that will be made available, and this information will not be of the nature of commonly publicly available information. This obligation continues even after the termination of the purchase contract. The Seller and the Buyer mutually undertake not to provide third parties with any information that was made available to them in connection with the performance of the purchase contract and is not publicly available. The Seller and the Buyer undertake to maintain trade secrets pursuant to Section 17 et seq. of the Civil Code in the event that the contracting parties have been notified of the fact that specific information is the subject of trade secrets.
6.2 By concluding the purchase contract, the buyer does not acquire any rights to the industrial and other intellectual property (in particular to trademarks, trade names, company logos, special designations and patents) of the Seller or other persons whose products are included in the Seller's commercial offer, unless otherwise stipulated in a separate contract. The right to protection against unfair competition remains unaffected.
6.3 All advertising materials, photographs, images, other product designations and the content of the Seller's website are protected under the Copyright Act, the Trademark Act and the relevant provisions of the Civil Code on unfair competition. The texts, artistic, photographic and other works contained herein are protected individually and as a whole, including their arrangement, and without the demonstrable consent of the Seller, their copying and further distribution in any way is expressly prohibited. Some components may contain hidden protective elements, which in the event of misuse will be used for civil and criminal proceedings against unauthorized interference.
6.4 In the event that the Buyer wishes to use advertising materials, images, photographs, or other depictions of the Seller's goods for the purpose of achieving direct or indirect economic or commercial benefit, he shall request the Seller's consent to use advertising materials, images, photographs, products, and other works of the Seller in writing (by email or fax). The Buyer acknowledges that consent may not be granted.
6.5 Consent shall be valid only if delivered in writing, signed by the executive of Jerky.wtf s.r.o., in person. The Seller reserves the right to withdraw this consent at any time, without giving the Buyer any reason. The above materials, copies of these materials, may therefore be used by a natural or legal person only with the Seller's consent.
6.6 Reproduction, transfer, distribution, or storage of part or all of the content of the material, images, photographs, or other depictions of the Seller's goods in any form without the Buyer's prior written consent is prohibited. Achieving direct or indirect enrichment from the obtained material, photographs, images (including materials on the Seller's website) would be clearly unauthorized use of another's property without the permission of the authorized person.
6.7. All goods manufactured and sold by Jerky.wtf s.r.o. under the name WTF Jerky as well as the content of the website (texts, photographs) are protected by legal regulations, specifically trademarks, copyright, industrial property rights, unfair competition law and criminal law. In particular, the appearance of the goods, their color scheme, design, marking (name), photographs and database of goods are protected. Any copying of photos and texts, imitation or unauthorized production and sale of goods will constitute an unlawful act and may also result in criminal offenses of infringement of trademark rights and other designations, infringement of protected industrial property rights, infringement of copyright, infringement of competition regulations and cause serious damage, which will be immediately recovered.
7. FINAL PROVISIONS
7.1 The Buyer agrees to the processing of his/her personal data and gives his/her consent to the collection and processing of his/her personal data by the Seller for the purpose of delivering the goods. The handling of the Buyer's personal data is subject to the provisions of Act 101/2000 Coll. on the Protection of Personal Data.
7.2 If the Buyer is a foreign entity, Czech law shall apply to the legal relationship arising from the purchase contract or to any other legal relationship arising in connection with the use of the services of the online store.
7.3 The Buyer agrees to inform the Seller, upon request, of the entrepreneur who supplied the goods that are the subject of the Seller's business. The Buyer shall notify the Seller of this fact without undue delay.
7.4 The concluded purchase contracts are archived by the Seller in electronic form and are not accessible.
7.5 If any provision of these Terms and Conditions is invalid or ineffective for any reason, this fact shall not cause the invalidity or ineffectiveness of the other parts of the Terms and Conditions or the purchase contract.
7.6 Changes to the Terms and Conditions or the purchase contract may only be made in writing; the changed Terms and Conditions shall be effective on the date of their publication on the website. Changes shall be made in particular when related legal standards change or when the method of trading changes.