B2B Terms and Conditions

1. Introductory provisions, definition of terms

The General Terms and Conditions of Business and the Complaints Procedure (hereinafter referred to as “GTC”) regulate, specify, and define certain relations between the parties to the purchase contract, where on the one hand, the company W! Europe s.r.o., ID 279920112, VAT CZ27992012, with its registered office at Bělehradská 858/23, Prague 2 120 00, registered in the Commercial Register maintained by the Municipal Court in Prague, Section C, Insert 191016, as the Seller (hereinafter referred to as the “Seller”) and, on the other hand is the Seller’s business partner, as the Buyer (hereinafter referred to as the “Buyer”). These GTC apply only to the legal relations between the Seller and the Buyer, who is not a consumer and who purchases the Seller’s products for the purpose of his business with these products, i.e., the Buyer can only be:

An entity registered in the commercial register
An entity that operates under a trade license
An entity that operates on the basis of a license other than a trade license under special regulations

All contractual relations between the Seller and the Buyer are concluded in accordance with the law of the Czech Republic. Legal relations between the Seller and the Buyer, not expressly regulated by these GTC or by the contract or order, are governed by the relevant provisions of Act No. 89/2012 Coll., the Civil Code as amended, as well as related regulations. In the event of any differences between the GTC and the individual contract or order, the text of the contract or order shall prevail. These terms and conditions form an integral part of any contract concluded between the Buyer and the Seller. These terms and conditions are displayed on the Seller’s website and are accessible at the Seller’s premises, thus enabling their archiving and reproduction by the Buye.

2. Order and conclusion of the purchase contract

The proposal for the conclusion of the purchase contract is the order of goods sent by the buyer. The purchase contract itself is therefore not automatically concluded by delivery of the buyer’s order to the seller.

The Buyer may order goods (products) from the Seller in the following ways:

Through the electronic ordering portal for registered business partners. A registered partner is an entity established in the Seller’s information system, which has been assigned a password to the electronic ordering portal.
By e-mail to the Seller’s
address: info@walterscookiecutters.com
In person or by phone with a sales representative

By placing a binding order, the buyer confirms that he/she has familiarized himself/herself with these terms and conditions in advance, i.e. before placing a binding order, including the procedure for any complaints, and that he/she agrees with them. The Buyer is sufficiently notified of these terms and conditions on the Seller’s website and has the opportunity to familiarize himself with them prior to the actual placing of the order. The resulting purchase contract (including the agreed price) may only be amended or cancelled by agreement of the parties.

The Seller reserves the right to refuse the Buyer’s order without agreement with the Buyer in the following cases: the goods are no longer produced or delivered, or the price has changed significantly. Any presentation of the goods placed on the Seller’s web interface or in the catalog is therefore for informational purposes only, and the Seller is not obliged to conclude a purchase contract in respect of these goods. If the requested goods are not in stock, the Seller will inform the Buyer of the date on which the goods will be available.

Terms and conditions are part of every contract of sale and must be agreed upon by the Buyer before the order is placed. The Seller reserves the right to withdraw from the purchase contract due to a material change in circumstances not caused by the Seller.

3. Payment Terms

The Buyer is entitled to pay for the ordered goods (products) in the following ways:

Payment by wire transfer to the Seller’s account indicated on the invoice as due.

The relevant accounting documents (invoices) are issued and delivered by the Seller in electronic form as a standard, unless the parties agree otherwise. The Seller reserves the right to require payment in advance. This is in the case of a new client or due to the poor payment morale of the buyer.

4. Terms of delivery

Deliveries of the subject of performance shall be made according to the stock availability of goods and the operational possibilities of the Seller in the shortest possible time. The carrier does not deliver on Saturdays, Sundays, or public holidays.

Methods of transport:

Via the contracted carrier

The method of transport and the price of transport abroad is dealt with individually.

The buyer is obliged to take delivery of the ordered goods (products), which have been duly delivered by the seller, and to confirm this acceptance with the signature of an authorized person on the relevant delivery or shipping note.

The Buyer acknowledges and expressly agrees by accepting the goods that ownership of the goods shall pass to the Buyer only upon full payment of the purchase price.

5. Claims and rights arising from defects

The Buyer is obliged to submit all claims in writing to the Seller’s sales representative or to the Seller’s claims department at the following electronic address: emportepieces@hotmail.fr

The Buyer is obliged to recheck the state of performance of the contract immediately after delivery. If the Buyer discovers any difference between the delivery note, tax document, and the delivered goods, in terms of type, quantity, and quality, he is obliged to immediately—but no later than 24 hours after the delivery of the goods, to claim a discrepancy with the purchase contract (claim). In the case of performance by the carrier, the buyer is also obliged to check the condition of the shipment (number of packages, their integrity, if any, damage) together with the carrier according to the enclosed delivery note. If the damage to the parcel is detected upon receipt of the delivery of goods, the buyer shall draw up a damage report with the transport service employee and then report this fact without undue delay in the framework of the complaint to the following email: emportepieces@hotmail.fr. The Buyer shall also attach photographs of the damaged goods and/or the packaging of the shipment (carton/pallet) to the complaint. The Buyer shall send the complained goods to the address of the Seller’s premises, together with the accompanying document, upon agreement with the Seller. Disposal of the damaged goods can only take place after the end of the complaint procedure. The complaint shall be settled within the statutory period of 30 days at the latest. Within this period, the buyer will be informed of the outcome of the complaint, and the complaint will be resolved by sending replacement goods (or their replenishment), credit note or will not be recognized.

The seller is not liable for defects due to normal wear and tear or failure to follow the instructions for use.

The Seller shall not be liable for non-pecuniary damage and other types of consequential damages (such as, in particular, loss of profit, loss of business, loss of goodwill, third-party claims, administrative work, or any other consequential damages), even if W! Europe,s.r.o. was informed in advance of the risk of such damages.

6. Return of goods

The Seller shall issue a corrective tax document (credit note) for the full price only under the conditions set out below:

(a) if it is a complaint acknowledged in writing by the Seller, where it is not possible for the Sellers to arrange and provide an equal or adequate replacement

(b) if the amount invoiced does not agree with the price of the item actually delivered

In other cases, the return of goods is only possible by mutual agreement. In this case, the Seller reserves the right to reduce the amount credited by the cost of shipping if it was paid by the Seller. Goods returned in this way must be clean, in their original condition, and without any other labels (e.g., price tags). The buyer shall arrange for the return of the goods to the seller at his own expense and also assume the risk of damage to the goods during such transport.

7. Personal data protection

The Seller undertakes to comply with Act No. 101/2000 Coll. on the protection of personal data. All personal data is confidential, is secured against misuse and will only be used to carry out the performance of the contract with the buyer, and will not be disclosed or provided to any third party, except for situations related to logistics, service, or payment related to the performance of the purchase contract, and then only to the extent necessary. The Buyer gives its consent to the Seller to collect and process this personal data for the purpose of fulfilling the object of the concluded purchase contract and to use it for the Seller’s marketing purposes, until the Buyer expresses its disagreement with this processing in writing and sends it to the Seller’s address. In this case, the electronic form shall also be considered as a written statement. The buyer is entitled to access his personal data and is entitled to correct, supplement, delete, including other legal rights under § 21 of Act No. 101/2000 Coll. The provision of data is voluntary on the part of the buyer, however, their disclosure is conditional on the conclusion of a purchase contract or other commitment. The buyer is aware that the purchase of the goods does not give him any rights to use trade names, company logos, registered trademarks, etc., unless otherwise stipulated in a specific case by a special agreement.

8. Provision of photographs and videos for advertising purposes and presentation of goods

The Seller may provide the Buyer free of charge with photographs of his goods, videos, and articles. The Buyer may use the information, photographs, and videos obtained in this way to sell and promote the goods purchased. The information, photographs, and videos provided may not be passed on by the Buyer to a third party or sold in any way. The Seller reserves the right to remove the provided documents. All data, information, photographs, and videos provided remain the property of the Seller.

9. Final Provisions

By concluding the purchase contract, the Buyer accepts all provisions of the Terms and Conditions in the version valid on the date of sending the order, including the price of the ordered goods stated in the confirmed order, unless otherwise demonstrably agreed in a specific case.

These terms and conditions are an integral part of the purchase contract, and deviation from their provisions is possible only with the agreement of the parties. Newer terms and conditions shall supersede the terms and conditions issued earlier.

These terms and conditions are valid and effective as of 18/7/.2024. The Seller reserves the right to change the terms and conditions without prior notice.