GENERAL TERMS AND CONDITIONS
GEZGİN OUTDOOR s.r.o.
Vojtěšská 211/6, Nové Město (Prague 1)
110 00, Czech Republic
Company ID (IČO): 27432114
VAT No. (DIČ): CZ27432114
Telephone: +420 777 789 091
E-mail: info@gezginoutdoor.com
Effective date: 1 September 2024
CONTENTS:
- Introductory Provisions
- Buyer Registration
- Web Service – e-order
- Sales – Customer Card
- Sales Based on Buyer Registration
- Conclusion of the Purchase Contract
- Ordering of Goods and Confirmation
- Price and Payment Terms
- Delivery, Acceptance of Goods and Returnable Deposited Packaging
- Withdrawal from the Contract
- Liability for Defects in Goods and Complaints
- Availability of Ordering Systems
- Specific Adjustment of Certain Instruments
- Personal Data Protection and Consent to Processing
- Final Provisions
I. Introductory Provisions
I.1 These General Terms and Conditions (hereinafter the “Terms and Conditions”) shall apply to any order or purchase of goods from GEZGİN OUTDOOR s.r.o. and its affiliated brands (hereinafter the “Seller”) by a registered buyer (hereinafter the “Buyer”). The current list of private labels sold by GEZGİN OUTDOOR s.r.o. is available HERE. The Terms and Conditions become an inseparable part of each purchase contract and part of framework contracts for the supply of goods or services, if such has been concluded between the Seller and the Buyer. The always-current version of the valid Terms and Conditions is published on the Seller’s website at www.gezginoutdoor.com .Before placing an order, the Buyer is always obliged to familiarize himself with the current wording of all Terms and Conditions.
I.2 The Buyer is entitled to conclude a purchase contract with the Seller as follows:
– By telephone at +420 777 789 091
– On the basis of Buyer registration in the ways set out below.
– By sending an order via the web service for registered customers – e-order.
I.3 In concluding the purchase contract, the Buyer agrees to the use of means of distance communication. Costs incurred by the Buyer when using means of distance communication in connection with the conclusion of the purchase contract (costs of Internet connection, costs of telephone calls, etc.) shall be borne by the Buyer himself.
I.4 The subject of purchase under these Terms and Conditions is the supply of goods, in particular foodstuffs, beverages, drugstore goods, tobacco products, and non-food goods for gastronomy and households (other non-food goods) (hereinafter in these Terms and Conditions as the “Goods”).
II. Buyer Registration
II.1 Registration of each Buyer takes place within business communication through our sales representatives. Each Buyer has the option, in cooperation with his sales representative, to fill in a Buyer Card, in which he provides his basic data necessary for further cooperation, information about establishments, delivery points, specific requirements for the execution of delivery, etc.
II.2 An entity with an identification number may conclude exactly one Buyer registration. Without proper Buyer registration, it is not possible to conclude a purchase contract between the Seller and the Buyer, unless a special written agreement between the parties provides otherwise. Any exceptions shall be decided by the Seller in justified cases.
II.3 Without a duly completed Buyer Card and subsequent registration in the Seller’s accounting system, it is not possible to make purchases of Goods under these Terms and Conditions. When completing the Buyer Card, the Buyer is obliged to provide only true, actual, and complete information. The Buyer is obliged to inform the Seller of any changes to the data that could affect the proper performance of the purchase contract, without delay after such change occurs.
III. Web Service – e-order
Within the ordering, purchase, and sale of Goods to the Buyer, a Buyer registered for this service may use the services of the e-shop located at www.gezginoutdoor.com . For the conclusion of these contracts, these Terms and Conditions and the e-order Terms and Conditions available after logging in as a registered user at www.gezginoutdoor.com . shall always apply.
IV. Sales – Customer Card
IV.1 Within the ordering, purchase, and sale of Goods to the Buyer, the Buyer has the right to use the services of the stores by obtaining a Customer Card.
IV.2 Registration and purchases based on the Customer Card are governed by these Terms and Conditions and by separate Terms and Conditions available on the company’s website at www.gezginoutdoor.com/obchodni-podminky-zakaznicka-karta-gezgin
V. Sales Based on Buyer Registration
Within the ordering, purchase, and sale of Goods to the Buyer, the Buyer has the right to conclude with the Seller a purchase contract under these Terms and Conditions. When ordering Goods within the e-order on the website, the provisions of this part of the Terms shall apply accordingly.
VI. Conclusion of the Purchase Contract
VI.1 The Seller presents Goods that the Buyer can order in various ways. The presentation of Goods in any form cannot be considered an offer to conclude a purchase contract; the provision of § 1732(2) of the Civil Code is excluded. For the avoidance of any doubt, the purchase contract between the Seller and the Buyer is concluded only at the moment when the Seller confirms to the Buyer his order of Goods and confirms the date of delivery of the Goods. If the Seller does not confirm the order, it shall be deemed that the purchase contract is concluded at the moment when the Goods purchased are delivered by the Seller to the place designated by the Buyer.
VI.2 Until the express written confirmation of the order or the delivery of the Goods to the Buyer and their acceptance, no act of the Seller can be interpreted as an acceptance of the Buyer’s offer.
VII. Ordering of Goods and Confirmation
VII.1 An order of Goods by the Buyer may be made in the following ways (ordering systems):
– By telephone, via a sales representative or call centre,
– via the e-order service,
– during a personal visit of the sales representative,
– electronically (e-mail, EDI, etc.).
VII.2 The Buyer is always obliged, before placing an order, to familiarize himself with the current wording of the Terms and Conditions. By sending or approving the order, the Buyer confirms that he has acquainted himself with these Terms and Conditions and that he agrees with them.
VII.3 The minimum quantity of an order through ordering systems, with delivery to the place of destination, is 1 pallet of Goods, except for gastronomic facilities, for which the minimum amount of an order is also 1 pallet of Goods, unless otherwise agreed in writing between the parties. The Seller is entitled unilaterally to set (and to withdraw this advantage at any time) a lower minimum order quantity for a specific customer or group of customers. Information on the currently valid minimum order quantity will be communicated to you upon request or electronically by e-mail. The sent order is an irrevocable offer to conclude a contract made by the Buyer. By placing the order, the Buyer is bound by his offer to conclude the purchase contract until it is concluded by the Seller or until cancellation of the order, which may be made only in accordance with these Terms and Conditions.
VII.4 The Seller does not guarantee the availability of the ordered Goods. Information on availability stated for Goods on the Seller’s website is for information only and is indicative. The Seller is not obliged to accept the Buyer’s offer. The Seller may also express consent with a reservation, by which the Buyer’s offer is refused and by which a new offer to conclude a contract with a new content is made. In such a case, the contract is concluded only by the expression of unconditional consent of one of the contracting parties to the offer of the other contracting party. However, part of the content of a contract concluded in this way shall always be these Terms and Conditions, with which the Buyer agreed when confirming the original order.
VII.5 The Seller reserves the right to reject the Buyer’s order in whole or in part and not to deliver the Goods, even in the case of an incorrectly stated price of Goods presented in the e-order, leaflets or other sources communicated by the Seller, or if the price of the Goods has changed significantly with regard to current stocks, or if the ordered Goods are not available at the Seller. The Seller reserves the right to deliver to the Buyer an alternative item with regard to the currently available warehouse stock of Goods, especially in cases where manufacturers replace an existing product with another similar weight or variant, where manufacturers of tobacco products replace the original variant with another tax-stamped price, or where the Seller has replaced the assortment with another brand. The Buyer has the right not to take over such Goods from the Seller, which right he is obliged to exercise only upon taking over the Goods.
VII.6 The Seller is entitled to set maximum withdrawal limits for individual Goods and not to deliver any excessively ordered quantity of Goods.
VII.7 The Buyer is entitled to cancel his order no later than 4:00 p.m. of the day preceding the day of collection or the planned delivery specified or agreed in the order, and this through the originally chosen method of ordering.
VII.8 The Seller reserves the right to cancel the Buyer’s order or its part before concluding the purchase contract also in cases where:
a) the Goods are no longer manufactured and therefore cannot be delivered;
b) the promotional stock is already or at the latest on the day of loading of the Goods will be sold out;
c) the acquisition price of the Goods from the Seller’s external suppliers changes significantly.
If the Buyer has already paid part or all of the purchase price before delivery of the Goods, this amount shall be returned to his account and the purchase contract shall not be concluded.
VII.9 The Buyer is entitled to order Goods with a requirement for delivery on the next distribution day no later than 2:00 p.m. on the day preceding the distribution day. The Seller is entitled to refuse the Buyer’s order for the following day even before this time limit.
VIII. Price and Payment Terms
VIII.1 The purchase price of the Goods is always determined according to the Seller’s price list valid on the day of ordering, unless otherwise agreed in writing between the Buyer and the Seller. The Seller is entitled to unilaterally change the prices of Goods. The Buyer is entitled to check the currently valid prices before ordering.
VIII.2 The Seller is entitled to grant the Buyer discounts from the purchase price of Goods. The granting of discounts is always at the discretion of the Seller. Unless otherwise agreed in writing, the entitlement to a discount ceases if the Buyer is in arrears with payment of any financial obligation towards the Seller.
VIII.3 The purchase price of the Goods is payable according to the due date specified on the invoice issued by the Seller. The Seller is entitled to issue an invoice upon delivery of the Goods to the Buyer.
VIII.4 The purchase price is considered paid at the moment the relevant amount is credited to the Seller’s account or when payment is made in cash at the Seller’s cash desk.
VIII.5 In case of default in payment of the purchase price or any part thereof by the Buyer, the Buyer is obliged to pay the Seller interest on late payment in the amount of 0.1% of the outstanding amount for each day of delay.
VIII.6 The Seller is entitled to set a credit limit for the Buyer. The amount of the credit limit and its changes are determined solely by the Seller. If the Buyer exceeds the set credit limit, the Seller is entitled to refuse further deliveries of Goods to the Buyer until the due obligations are settled.
VIII.7 The Seller is entitled to set an advance payment requirement for specific Buyers or individual orders.
IX. Delivery, Acceptance of Goods and Returnable Deposited Packaging
IX.1 Delivery of the Goods shall be carried out in the manner agreed in the purchase contract or in the confirmed order. The Seller shall hand over the Goods to the Buyer at the agreed place of performance. The costs associated with the delivery of the Goods shall be borne by the Buyer, unless otherwise agreed in writing between the Buyer and the Seller.
IX.2 The Buyer is obliged to duly accept the Goods from the Seller at the agreed time and place. If the Buyer does not accept the Goods duly and on time, he is obliged to reimburse the Seller for the costs associated therewith, in particular transport and storage costs.
IX.3 The risk of damage to the Goods passes to the Buyer at the moment of their acceptance.
IX.4 Ownership of the Goods passes to the Buyer only upon full payment of the purchase price.
IX.5 In the event that the Goods are delivered in returnable deposited packaging, the Buyer is obliged to pay the Seller the deposit price for this packaging. The Buyer is obliged to return the returnable packaging to the Seller within the period specified on the delivery note. If the Buyer does not return the returnable packaging within this period, the deposit shall be forfeited to the Seller.
X. Withdrawal from the Contract
X.1 The Seller is entitled to withdraw from the purchase contract in particular in the following cases:
a) the Goods ordered by the Buyer are no longer manufactured or delivered,
b) the Buyer has materially breached his obligations towards the Seller,
c) the Buyer is in default with payment of the purchase price or any part thereof for more than 30 days,
d) insolvency proceedings have been initiated against the Buyer or a petition for such proceedings has been filed,
e) the Buyer is in liquidation,
f) the Buyer ceases his business activities.
X.2 The Buyer is entitled to withdraw from the purchase contract in particular in the following cases:
a) the Seller is in delay with delivery of the Goods for more than 30 days after the agreed delivery date,
b) the Seller has materially breached his obligations towards the Buyer.
X.3 Withdrawal from the purchase contract must be made in writing and must be delivered to the other party. The withdrawal is effective on the day of delivery to the other party.
X.4 In the event of withdrawal from the purchase contract, the contractual relationship between the Seller and the Buyer terminates. Withdrawal does not affect claims for damages or agreed contractual penalties.
XI. Liability for Defects in Goods and Complaints
XI.1 The Seller is liable for defects in the Goods that the Goods have at the moment of transfer of risk of damage to the Buyer, even if they become apparent only later. The Seller is not liable for defects arising after the transfer of risk to the Buyer.
XI.2 The Buyer is obliged to inspect the Goods without undue delay after the transfer of risk of damage to the Goods and to notify the Seller of any defects found.
XI.3 Complaints about obvious defects must be made immediately upon receipt of the Goods. Complaints about hidden defects must be made immediately after they are discovered, but no later than within the statutory period.
XI.4 The complaint must be made in writing and must include a description of the defect and the claimed right. The Buyer is obliged to prove the purchase of the Goods from the Seller, in particular by presenting the delivery note and invoice.
XI.5 The Seller is obliged to decide on the complaint without undue delay, no later than within 30 days from the date of delivery of the complaint, unless the Seller and the Buyer agree on a longer period.
XI.6 The rights and obligations of the parties in respect of liability for defects are governed by the relevant provisions of the Civil Code.
XII. Availability of Ordering Systems
XII.1 The Seller strives to ensure maximum possible availability of all ordering systems. However, the Seller does not guarantee uninterrupted functionality of ordering systems, and the Buyer is not entitled to claim damages or other compensation from the Seller in the event of outages or reduced availability of these systems.
XII.2 The Seller is entitled to carry out maintenance, updates or modifications of ordering systems, even without prior notice to the Buyer. In such cases, temporary unavailability of the systems is not considered a breach of the Seller’s obligations.
XIII. Specific Adjustment of Certain Instruments
XIII.1 If the Seller issues to the Buyer any customer or discount cards, vouchers, coupons, or other instruments enabling discounts or other benefits, these are always the property of the Seller, unless expressly stated otherwise.
XIII.2 The Seller is entitled to unilaterally change, limit, or cancel the validity of such instruments at any time, even without prior notice to the Buyer.
XIII.3 The Buyer is obliged to use such instruments exclusively in accordance with the conditions set by the Seller.
XIV.4 The Buyer is informed that in the event of using the customer telephone hotline services, his calls may be recorded for the purpose of evaluating and improving the quality of services provided.
XIV.5 Further and more detailed information on the processing of commercial data is dealt with in a separate document published on the company’s website at www.gezginoutdoor.com/information-on-processing-of-personal-data
XV. Final Provisions
XV.1 These Terms and Conditions and all concluded purchase contracts shall be governed by the legal order of the Czech Republic.
XV.2 The Seller is entitled to amend these Terms and Conditions at any time. The new Terms and Conditions shall be effective as of the date of their publication on the company’s website. By placing an order, the Buyer always expresses consent to the current version of the Terms and Conditions.
XV.3 In the case of a complaint or a possible adjustment of the delivery date or method of delivery, communication by e-mail shall be sufficient instead of written communication, provided that the authorized person of the other party confirms receipt of the message from his/her usual e-mail address.
XV.4 The Seller reserves the right to remove a Buyer from the e-order system if the Buyer has not ordered any goods for the last four consecutive months. Renewed access to the e-order system may be obtained according to the instructions in the Registration section.
XV.5 If the Buyer is a consumer, he has the right, in the event of a dispute arising from a purchase contract, to out-of-court resolution of such consumer dispute. The Czech Trade Inspection Authority (www.coi.cz ) is the subject of out-of-court resolution of consumer disputes in these cases. He may also use the online dispute resolution platform established by the European Commission at ec.europa.eu/consumers/odr. The European Consumer Centre Czech Republic, with its registered office at Štěpánská 567/15, 120 00 Prague 2, website: www.evropskyspotrebitel.cz , is the contact point under Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Regulation on online dispute resolution for consumer disputes).
XV.6 The Seller is entitled to cancel the Buyer’s registration in the event that:
- the Buyer terminates or suspends his business activity for any reason – at the same time, the Buyer is obliged to inform the Seller of this fact without undue delay,
- the Buyer is in arrears with his payment for more than 30 days after the due date,
- insolvency proceedings are commenced against the Buyer, or an insolvency petition is filed, even if filed by the Buyer himself,
- enforcement proceedings are initiated against the Buyer,
- the Buyer is insolvent or is threatened with insolvency,
- the Buyer has not concluded any purchase contract with the Seller for more than 4 months,
- the Buyer otherwise breaches his obligations set out in these Terms and Conditions or in the contract.
XV.7 In the event that the relationship established by the purchase contract contains an international element, such relationship shall be governed by Czech law. This shall be without prejudice to consumer rights arising from generally binding legal regulations.
XV.8 In the event of a conflict between provisions governing the rights and obligations arising from purchase contracts concluded between the Seller and the Buyer at the time of Buyer registration and the purchase of goods, the following order of precedence of documents and rights and obligations arising therefrom shall apply, whereby the document takes precedence:
- written confirmation of the order by the Seller, which contains a specific arrangement of rights and obligations different from this contract,
- framework agreement on the supply of goods,
- Buyer card,
- these Terms and Conditions.
These Terms and Conditions shall take effect on 1 January 2025.
