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Terms and Conditions



Bakr s.r.o., Třebohostická 564/9, 100 00, Praha 10 - Strašnice IČ: 26725274 DIČ: CZ26725274 (herein after the "Seller") specifies these Terms and Conditions for execution orders any merchandise from the e-shop delivered to customers (herein after the “Buyer(s)”)

I. Introduction

These general business conditions apply to the goods purchased from BAKR s.r.o., Company Identification Number: 267 25 274, with its registered office at Třebohostická 564/9, 100 00 Prague 10, entered in the Commercial Register kept by the Municipal Court in Prague, file no. C 89775 ('BAKR s.r.o.' or 'seller') and lay down the rules governing the obligations arising between BAKR s.r.o. and its wholesale partners. The General Terms and Conditions specify the rights and obligations of the seller and the buyer, which may be a natural or legal person, and only an entrepreneur who buys goods for resale within the scope of his business activities. Relationships not regulated by these General Terms and Conditions are governed by Act No. 89/2012 Coll., The Civil Code, as amended (hereinafter the "Civil Code”).

II. Definition of basic terms

The supplier / seller is a person who acts within the scope of its business activities when concluding and fulfilling the contract. It is an entrepreneur who sells products or provides services to buyers directly or through other entrepreneurs. The seller is the company BAKR s.r.o.
The buyer / business partner is a natural or legal person who acts within the scope of his business activities when concluding and fulfilling the contract. The contractual relationship between the seller and the buyer entrepreneur is governed by these General Terms and Conditions and the Civil Code.
The purchase contract is a bilateral legal agreement by which the seller undertakes to hand over a movable thing (goods) to the buyer, determined individually or in quantity and type and allow him to acquire ownership of this thing and the buyer undertakes to take over the goods and pay the seller the purchase price.

III. Establishing cooperation between the seller and the buyer (business partnership)

These General Terms and Conditions govern the cooperation between the seller and the business partner within the Wholesale. If the buyer is interested in cooperating with BAKR s.r.o. as the seller, the buyer shall contact the employee of the wholesale division of the seller at the contact details below, with whom he will agree on the conditions for starting cooperation.
Contact details:

Adam Müller - Senior Sales Specialist
Tel.: +420 739 382 555
Email: muller@bakr.cz
Skype: bakrmuller

Tomáš Kubelka - Junior Sales Specialist
Tel.: +420 734 580 676
Email: Kubelka@bakr.cz
Skype: kubelkat

IV. Terms of cooperation with a business partner

At the beginning of the business cooperation, the business partner hands over the documents to the seller entitling him to resell the goods, all identification data (such as exact trade name, registered office, ID number, VAT number, account number, etc.), or other documents on the basis of which tax documents will be issued for purchased goods. After entering a new business partner in the seller's company database, the business partner can start purchasing goods in accordance with these General Terms and Conditions. The seller reserves the right to refuse business partner’s request for cooperation without stating any reasons.

V. Prices

The business partner buys goods from the seller at wholesale prices. Current wholesale prices are always listed on the seller’s website after logging in to the B2B platform.

The seller reserves the right to change the prices published on the website www.bakr.cz according to the current market situation.

The total price for the delivered goods consists of the purchase price for the goods, statutory fees (such as the fee for electrical waste) and, where applicable, shipping, cash on delivery and handling and packaging fees.

VI. Methods and procedures of ordering goods

The b2b platform at the internet address http://www.bakr.cz is primarily intended for ordering goods. The order can also be made in writing (E-mail, Skype), orally (by phone), XML feed platform. Or through third party platforms (EDI).

When ordering goods, the business partner shall state the exact name of the product or catalog number according to the seller’s wholesale price list, the required quantity, the method of delivery (transport) and the method of payment.

If the business partner wants to send the ordered goods by the carrier, the order must be in the minimum amount of [*insert] without VAT. If the order is of a lower value, it will be rejected by the seller and it will not be processed.

If the business partner intends to collect the goods in person in Prague in the seller's premises at Třebohostická 564/9, 100 00 Prague 10, Czech Republic, the order must be at least 100 EUR without VAT. If the order is lower, the seller may charge a handling fee of 8 EUR excluding VAT for each delivery.

The Seller reserves the right to set MOQ of the total value of 500 Eur without VAT for one calendar month for the ongoing wholesale cooperation between the two parties.

VII. Payment Terms

The business partner has the following options for paying the total purchase price for the delivery of ordered goods from the seller:

Cash on delivery.

Cash payment upon personal acceptance of the goods is conditioned by the creation of a previous order in one of the ways listed in Article VI. these General Terms and Conditions. Before picking up the goods, on the basis of handing over the tax document (invoice) to the buyer, it is necessary to pay the total purchase price in cash to the responsible employee of the seller. Subsequently, compared to the signing of the delivery note, the goods will be handed over to the buyer by the seller.

Cash upon receipt of goods sent by cash on delivery.

Cashless transfer to proforma invoice.

In the case of choosing this method of payment of the total purchase price, the goods are handed over or sent to the business partner only after the total purchase price has been credited in full to the account of BAKR s.r.o. Along with the goods, a tax document and a delivery note are sent to the business partner. The pro forma invoice itself is not a tax document and after its payment it is no longer possible to issue a duplicate.

Cashless transfer after collection of goods.

In the case of choosing this method of payment of the total purchase price, the business partner is obliged to pay the total purchase price in full no later than the due date stated on the invoice issued by BAKR s.r.o. upon delivery of goods.

This form of payment may be used by business partners only in special cases after prior agreement with the seller. Such an agreement is inter alia subject to providing a security by the business partner to make payment of invoices on time (timely payment of the invoice is considered crediting the amount to BAKR s.r.o. no later than the due date stated on the invoice) and implementation of the agreement depends on the seller's experience with the buyer.

The seller may grant the business partner a certain credit, which determines the maximum possible amount of receivables of BAKR s.r.o. for a business partner. The current amount of the credit is determined by internal indicators, taking into account in particular the history of mutual cooperation and the payment morale of the business partner, or it is agreed in a master purchase agreement concluded between the seller and the buyer in writing, as the case may be. If the business partner's credit is exhausted, further collection of goods from the seller is possible only after payment at least in the amount for which the business partner wants to collect the goods, or against payment in cash upon delivery, or cash on delivery or payment by bank transfer to proforma invoice.

In the event of a business partner's delay in paying for the ordered goods, BAKR s.r.o. shall be entitled to demand a contractual penalty of 0.1% per day of the amount due until payment. Payment of the contractual penalty does not affect the right to damages. If the business partner is in delay in paying, the seller is also entitled to reduce or completely withdraw the credit from the business partner. In this case, the delivery of additional goods to the business partner will only take place against payment in cash upon delivery of the goods, or cash on delivery or against payment by non-cash transfer to a pro forma invoice. At its discretion, BAKR s.r.o. completely refuse further deliveries of goods until all obligations of the business partner have been paid in full.

VIII. Delivery of goods

The seller will deliver the goods on the basis of the business partner's order. The seller shall enclose a delivery note with each delivery of goods ordered by the business partner specifying all goods delivered by the seller. Unless otherwise agreed, the tax document is sent electronically to the electronic address entered by the buyer with all legal requirements within the seller's b2b system at: http://www.bakr.cz

Delivery within 24 hours - if the business partner makes an order by 4 pm, the goods will be delivered to the carrier the same day and will be delivered to the address specified by the business partner in the order in next few days, otherwise to the business partner's registered office or place of business. The goods will be delivered in a manner chosen by the business partner from the seller's offer.

The seller offers delivery of goods in the following ways: - personal collection at the seller's contact point in Prague - through a transport company Freight and cash rates: a) Freight: for each consignment with a value of: up to 350 EUR without VAT, a shipping fee of 10 EUR without VAT is charged over 351 Eur without VAT no shipping is charged. b) Cash on delivery: BAKR s.r.o. charges for shipment with cash on delivery in the amount of 10, 15, 20 EUR without VAT depend on country of delivery. For each consignment with a value of: up to 350 EUR without VAT.

IX. Transfer of risk of damage to property and reservation of ownership

The risk of damage to the business partner passes at the moment of taking over the goods at the seller's premises or from the carrier, or at the moment when the buyer is in delay with taking over the goods in accordance with § 2121 paragraph 2 of the Civil Code and the seller allows him to dispose of the goods. The goods remain in accordance with the provisions of § 2132 et seq. of the Civil Code in the ownership of the seller until full payment of the total purchase price by the business partner.

X. Terms of warranty claim

The conditions for making a warranty claim for goods, for providing a guarantee for the quality of goods, for the possibility of withdrawing from the contract on these grounds and other rules concerning the handling and making of warranty complaints by the seller, are always governed by the applicable warranty complaints procedure of BAKR s.r.o.

XI. Final Provisions

These General Terms and Conditions apply in each specific case as amended on the date of conclusion of the individual purchase agreement. The buyer - an entrepreneur - agrees and accepts all provisions of the General Terms and Conditions as valid on the day of ordering the goods, unless in a specific case demonstrably agreed otherwise.

These General Terms and Conditions and the rights and obligations of the seller and buyer shall be governed, construed, and enforced in accordance with the laws of the Czech Republic.These General Terms and Conditions apply on a buyer having its registered seat outside the territory of the Czech Republic as of the day an order of goods is made. Any dispute which is not settled by mutual negotiations of the parties shall be referred to and finally resolved by Czech court competent according to the registered seat of the seller as of the date of initiation of the civil proceedings.

BAKR s.r.o., as the seller, informs the buyer that he considers all data obtained on the basis of or in connection with the concluded purchase contracts to be highly confidential and will use them only for his own use in the sense of Act No. 101/2000 Coll. on Personal Data Protection as amended (hereinafter referred to as the “Personal Data Protection Act”) to improve its services and for marketing and business purposes. The buyer agrees that the data obtained on the basis of or in connection with the concluded contract (especially the data specified in the order) may be processed by the Seller for its own use and for marketing and business purposes and for this purpose may be made available to third parties cooperating with the seller. to ensure marketing events, while the seller undertakes to proceed in full compliance with the Personal Data Protection Act. This consent of the buyer can be revoked at any time, by an explicit statement made in writing and sent to the seller.

The seller and the buyer will not be liable for breach of their obligations under the purchase agreement if they are prevented from fulfilling them by a case of force majeure. The seller and the buyer shall make every effort to minimize any damage caused by force majeure. Force majeure means any unforeseeable exceptional situation or event beyond the control of the seller or the buyer which prevents him from fulfilling any of his obligations under the purchase contract, is not caused by error or negligence on his part and proves that it cannot be overcome even with all due diligence. care. For the purposes of these General Terms and Conditions, unforeseeable exceptional situations or events include fires, wars, civil unrest, strikes, accidents, floods, inundations and other natural disasters (eg storms, earthquakes, etc.) and government measures (generally binding legal regulations) and other similar situations or events which affect the ability of the seller or buyer to perform obligations and which are beyond the control and influence of the seller or buyer or which prevent other objective reasons of performance under the purchase agreement.

In the case of delivery of documents between the seller and the buyer, the delivery address is considered to be the address of the seller's office in Prague at Třebohostická 564/9, 100 00 Prague, Czech Republic, and the registered office or place of business of the buyer.

The valid General Terms and Conditions are available at the seller's premises or on its website, and each buyer is notified of these terms and conditions when purchasing goods and has the opportunity to become acquainted with them. The seller is entitled to supplement or change the General Terms and Conditions in connection with a change in applicable law and in connection with a change in the market of goods offered by the seller.

If any provision of these General Terms and Conditions proves to be apparent (null and void), the impact of this defect on the other provisions of the General Terms and Conditions will be assessed similarly in accordance with Section 576 of the Civil Code. The seller and the buyer hereby undertake to replace such invalid, apparent (invalid) or ineffective provision in good faith with a new provision which is valid and effective and which corresponds as closely as possible to this invalid, apparent (invalid) or ineffective provision.

The seller and the buyer exclude the application of the provisions of Section 557 of the Civil Code (rule contra proferentem) and Section 558 par. 2 of the Civil Code (exclusion application of general business practices).

In the event that the seller arises or arises under the law to state explicitly in connection with the sale of goods certain amounts, these amounts will be charged to the buyer and will be explicitly stated on the invoice (tax document).



In Prague, on January 1st, 2022

BAKR s.r.o.





 
 

 

 

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