Akinu

I. Introductory provisions and interpretation of terms

1. These general terms and conditions of AKINU CZ s.r.o., ID number: 25749536, VAT: 25749536 with registered office in Horomerice, Zelena 495, zip code 252 62, registered in the commercial register kept by the Municipal Court in Prague, section C, insert 66781 (hereinafter referred to as the "supplier") govern the mutual rights and obligations between the supplier and the customer.
2. The supplier is the company AKINU CZ s.r.o., which acts in a contractual relationship with the customer as a seller, service provider, supplier of any products, goods or commodities.
3. A customer is any natural or legal person who, within the scope of their business activity, acts in a contractual relationship as a buyer, a recipient of fulfilment and an entity obliged to pay a price for the fulfilment received. According to these GTC, the customer is not a consumer.
4. An entrepreneur is a person who independently performs a gainful activity on his own account and responsibility in a trade or similar manner with the intention of doing so consistently in order to achieve profit. Any person who concludes contracts related to their own business, production or similar activity or in the independent performance of a profession, or a person who acts on behalf of or on behalf of an entrepreneur is also considered an entrepreneur in the sense of these GTC.
5. CC (Civil Code) is the abbreviation used in these General Terms and Conditions to denote Act No. 89/2012 Coll.; the Civil Code as amended.
6. Fulfilment is fulfilment of any kind provided by the supplier to the customer according to the conditions agreed between the supplier and the customer in a specific case within the framework of the contractual relationship.
7. A delivery note is any written document or handover protocol documenting the delivery of fulfilment by the supplier to the customer.
8. The place of fulfilment is Melnicka 338, 277 01 Dolni Berkovice of the supplier, unless otherwise agreed in writing within the framework of a specific contractual relationship.
9. Obligatory relationship means any purchase contract, contract for work, contract for the procurement of goods or any other contract, agreement or arrangement that establishes a contractual relationship between the supplier and the customer. Obligatory relationship also means such a contract or agreement that is not regulated in the Civil Code as a type of contract, if the contracting parties have sufficiently clearly defined the subject of their obligations.

II. Formation of an obligation relationship

An obligation relationship arises:

• By signing a written contract, written agreement or other written agreement between the supplier and the customer, which includes a reference to these GTC.
• Written acceptance of the customer's written order by the supplier without reservations.
• Conclusive acceptance of the customer's written order by the supplier in the form of delivery of the fulfilment required in the written order.
• In the event of the supplier's reservations to the customer's order, by the customer's written acceptance of the supplier's modified offer.
• By electronic order at the address b2b.akinu.cz, and meeting the minimum purchase conditions of CZK 4,000 without VAT and the minimum order unit of 1 carton for feed products and 1 piece for other products.
  
  

III. Fulfilment

1. The subject of fulfilment must always be specified in writing within the scope of each contractual relationship.
2. The supplier will deliver the fulfilment to the customer on the delivery date agreed as part of the contractual relationship at the agreed place of fulfilment. The document proving the delivery of the fulfilment is the delivery note confirmed by the customer.
3. The contracting parties undertake to fulfil their obligations arising from the contractual relationship in accordance with applicable legal regulations.
4. If, during the implementation of the contractual relationship, circumstances arise in which it is appropriate to change a substantial part of the contractual relationship (delivery date, maturity period, subject of fulfilment, place of fulfilment, etc.), the contractual party in which these circumstances occur or becomes aware of them shall request in writing the other contracting party to negotiate a change in the terms of the contractual relationship and will state a specific proposal for changes, including their justification. Changes to the contractual relationship can only occur if they have been agreed upon in writing by both contracting parties.
5. The supplier is entitled to ensure part of the fulfilment through third parties even without the customer's consent. In such a case, the supplier is responsible for complying with all obligations arising for his party from the contractual relationship, as if he were fulfilling them himself.
6. Title to the fulfilment passes to the customer upon payment of the full fulfilment price.

IV. Price and payment terms

1. The price for fulfilment is agreed in writing between the supplier and the customer within the framework of each individual contractual relationship or is determined on the basis of a mutually agreed price list of the supplier.
2. The price does not include value added tax. Value added tax will be charged in the amount determined according to the regulations in force on the day the invoice is issued.
3. The invoice is sent to the customer's address and always contains the relevant order number.
4. If payment of the purchase price has not been agreed in advance, the supplier is entitled to demand payment of an advance on the price, up to the agreed price, before delivering the fulfilment to the customer.
5. The supplier reserves the right to issue electronic invoices and the customer agrees to issue electronic invoices. The electronic invoice is sent by the supplier to the email address that the customer informs the supplier.
6. If the contracting parties do not agree otherwise, payment in advance is required for the delivery of the goods. In the event that the parties agree on the due date, the following conditions apply.
7. The customer is entitled to return the invoice to the supplier within 10 days from the day the invoice was delivered to him due to defects, which he must point out in written justification. In such a case, the due date of the returned invoice does not run. The due date begins to run as soon as the invoice corresponding to the agreed terms is delivered. The supplier is obliged to review and, where appropriate, remove the pointed-out defects. If the customer does not return the invoice to the supplier with proper justification within 10 days of its delivery to the customer, it is considered that the invoice has been properly issued and is proof of the implementation of the contractual relationship and the extent of the fulfilment provided by the supplier.
8. The supplier shall issue the invoice no earlier than on the day of the customer's written confirmation of the delivery note, which relates to the fulfilment, the price of which is the subject of the invoice.
9. The price is considered paid when it is credited to the supplier's account.
10. In the event of a delay in payment of a monetary amount, the customer is obliged to pay the supplier a late payment interest on the amount owed in the amount of 0.025% of the amount owed for each day of delay.

V. Liability for defects

1. The supplier undertakes to deliver fulfilment always in accordance with the conditions and requirements for fulfilment agreed within the framework of the contractual relationship, especially in the agreed quantity, quality and execution.
2. The fulfilment will be packed and prepared for transport in the agreed or customary manner together with the documents necessary for acceptance and use of the fulfilment or agreed within the framework of the contractual relationship.
3. The supplier is responsible for fulfilment defects according to the relevant provisions of the Civil Code, unless expressly agreed otherwise in these GTC or within the framework of a specific contractual relationship.
4. In the case of delivery of fulfilment that has defects, the customer can apply the following procedure against the supplier
   
   a) In the event of a material breach of contract, the customer has the right
    - to remove a defect by delivering a new item without a defect or by supplying a missing item
    - to eliminate the defect by repairing the item
    - to a reasonable discount on the purchase price or
    - to withdraw from the contract
   
   The customer shall inform the supplier of the right he has chosen upon notification of a defect or without undue delay after notification of a defect. The customer cannot change the choice made without the consent of the supplier. This does not apply if the customer requested the repair of a defect that turns out to be irreparable. If the supplier does not remove the defects within a period of 30 days or if he informs the customer that he will not remove the defects, the customer may request an adequate discount instead of removing the defect or withdraw from the contract.
   
   b) In case of defective fulfilment, which is an insignificant breach of contract, the customer has the right to remove the defect or a reasonable discount from the purchase contract.
5. The contracting parties may, by agreement, agree in writing on a different method of removing the defect than that stated above.
6. The customer always informs the supplier of the choice between the claims in writing to the email address info@akinu.com. The supplier will inform the customer about the outcome of the complaint procedure within 30 days from the date of receipt of the notification from the customer about the defects and from the application of the right to remove the defects.

VI. Communication of Parties

1. Communication between the parties may take place in writing to the addresses or email addresses agreed in connection with the contractual relationship, by telephone or in person through their employees and authorized representatives.
2. Documents are delivered to the address of the registered office of the contracting party, which is indicated on the day of sending the document in the register of economic entities kept at the Ministry of Finance of the Czech Republic, to the data box of the contracting party, or to the email address agreed upon by the contracting parties when the contractual relationship is established. A message sent by email is considered to have been delivered only if the other contractual party immediately sends a confirmation of receipt of the message.
3. Documents relating, even indirectly, to the duration, effectiveness, change or cancellation of the contractual relationship must be delivered by registered mail with delivery or to the contractual party's data box.

VII. Damage compensation, circumstances excluding liability

1. Both the supplier and the customer are responsible for damage according to the applicable legal regulations, these GTC and according to the agreed conditions of a specific contractual relationship.
2. Both the supplier and the customer undertake to make every effort to prevent damage and to minimize the resulting damage.
3. The contracting parties are not responsible for delays in fulfilling their obligations caused by circumstances excluding liability, i.e., so-called force majeure.
4. Each contracting party undertakes to notify the other contracting party in writing without undue delay of circumstances excluding liability that prevent the proper fulfilment of its obligations under the contractual relationship. The parties undertake to use their best efforts to overcome circumstances excluding liability.

VIII. Termination of the contractual relationship

1. The contractual relationship is terminated:
   a) by written agreement of the contracting parties;
   b) by withdrawing of the contracting party for reasons established by law;
   c) by withdrawing in the event of a substantial breach of obligations, if the contractual party that breached the obligation does not remedy even within a reasonable period of time set for the remedy by the other contractual party in a written request, or if the contractual party has breached the obligation at least a second time in one contractual relationship;
   d) by withdrawing due to the initiation of insolvency proceedings in relation to the supplier or customer as a debtor, or in the case of a decision on the cancellation and liquidation of the supplier or customer, or in the case of entry into liquidation of the supplier or customer.
2. In particular, a delay in the fulfilment of monetary obligations of more than 30 days is considered a material breach of the contract.

IX. Validity and effectiveness of the General Terms and Conditions

 
These General Terms and Conditions become valid and effective on January 1, 2022.

X. Final provisions

1. These General Terms and Conditions form an integral part of the arrangement of any contractual relationship between the supplier and the customer in the sense of the provisions of § 1751 of the Civil Code.
2. Deviating arrangements agreed in writing between the supplier and the customer within the framework of an individual contractual relationship take precedence over the General Terms and Conditions.
3. These General Terms and Conditions, the contractual relationship, as well as the rights and obligations of the parties arising from the contractual relationship, whether expressly modified or not, are governed by the legal regulations of the Czech Republic, especially the Code of Civil Procedure.
4. The customer is not entitled to transfer the rights and obligations from the contractual relationship to a third party without the prior written consent of the supplier.
5. If the reason for invalidity applies only to some provisions of the contractual relationship or these GTC, only this provision is invalid, if it does not clearly follow from its content or the circumstances under which it was agreed that it cannot be separated from the other content and other provisions of the contractual relationship or of these GTC.
6. These General Terms and Conditions are binding for both the customer and the supplier as part of the contractual relationship. By concluding a contractual relationship, the customer accedes to these GTC.
7. The parties have expressly agreed that the application of § 1740 paragraph 3, § 1799 and § 1800 of the Civil Code is excluded. The customer takes note of the mentioned provisions and does not feel that he is a weaker contractual party compared to the supplier in the sense of the Civil Code.
8. The General Terms and Conditions are listed on the website https://b2b.akinu.cz/s89-obchodni-podminky
9. All disputes arising from the contractual relationship or related to the contractual relationship will be resolved by the courts in the Czech Republic with local jurisdiction based on the supplier's headquarters.
10. When entering into a contractual relationship with the supplier, the customer confirms that he has familiarized himself with the content of the General Terms and Conditions and considers their content to be clear and comprehensible.