KAVAZ s.r.o. and KAVAZ BRAZIL EXPORTS LTDA (Trading as KAVAZ BRAZIL) GENERAL TERMS AND CONDITIONS FOR THE SUPPLY OF GREEN COFFEE
|Seller/KAVAZ BRAZIL/we/us/our||Are terms used to refer to KAVAZ s.r.o. and KAVAZ BRAZIL EXPORTS LTDA|
|Buyer||The legal person, who buys goods from us|
|Goods||Coffee, Green coffee in beans, and other products related to coffee, e.g. Cascara|
|Parties||Buyer and KAVAZ BRAZIL|
|GTC||General Terms and Conditions.|
Supervising body: Slovak trade inspection, Prievozská 32, 820 07 Bratislava
Article II – General norms
These GTC regulate:
– The process of purchasing goods from us through our e-shop (www.kavazbrazil.sk/en), email, SMS, social media, or phone call.
– Conditions of selling and purchasing goods from KAVAZ BRAZIL.
– Rights and duties of the contractual parties, i.e., the seller and the buyer, which result from the sale contract concluded between these parties that have as its object purchasing and selling of goods.
– Unless Parties agree otherwise in writing, these GTC shall apply to every sale from KAVAZ BRAZIL to the buyer.
Article III – Order and conclusion of a contract
- The buyer orders goods from KAVAZ BRAZIL through the e-shop, SMS, e-mail, direct message through social media, or by phone call.
- The description of the respective goods, process, quality, category, and price are listed in the e-shop and on the price list, that is sent to the buyer by email.
- To access the e-shop and to order online, it is required to register at the website, with basic data (personal name, company name, phone number, and email address), and then the seller evaluates if the application is valid and decides on granting access or not (for example, the seller does not cooperate with a final consumer, only with business, in case of a registration request from a final consumer, without a business, access shall be denied).
- The buyer orders goods from the seller through the e-shop, namely, according to the instructions mentioned in this e-shop.
- After pushing the “Add to cart” button next to the respective goods, the ordered goods will be automatically added to the shopping cart of the respective buyer. The shopping cart of the buyer is at any moment during the placing of the order available for this buyer to review.
- If the buyer has any special request, it can be sent through the same order by leaving a message in the Order Notes field.
- In addition to the final price of the order, it shall be added VAT, but also shipping cost in accordance with the country of the buyer and order quantity (which can be negotiable by both parties).
- The order is completed by the buyer by pushing the “Order” button. Before that, the buyer is obligated to take account of these GTC and to confirm this awareness by clicking on the box “I have read and agree to the website terms and conditions”. By clicking on the above-mentioned box, the buyer declares to acknowledge the loss of the right to withdraw after the goods have been shipped. Exceptional cases for returning shipment/withdrawal are described in this GTC, Article V.
- By sending the order, i.e., by pushing the “Order” button, the buyer also confirms that he or she has been informed by the seller on:
– The content of the order,
– The total price that the buyer is obligated to pay to the seller will be defined when the seller issues the invoice, i.e., due to the possibility of adding extra products or special requirements, and even due to the shipping cost for specific cases which shall be quoted and added to the order and invoice final price.
- Orders sent to KAVAZ BRAZIL by other means of communication rather than through the e-shop shall be created in the website system by KAVAZ BRAZIL and the same procedures and conditions of these GTC are applicable then.
- After creating the order, this order will be registered in the system of the e-shop. The seller will send to the email of the buyer, which he or she indicated in the order, the following:
– confirmation of order with the information about the order,
– Invoice and information regarding the expected delivery date.
- By delivering to the buyer the email with the order, the contract on purchasing goods is considered to be signed. And the seller shall send the invoice with payment instructions, and a due date according to the agreement between the parties.
Article IV – Payment and delivery conditions
All prices of goods in the order as well as in the e-shop and price list file are listed without VAT. The buyer can pay the cost according to the Invoice issued in the following way:
a) By bank transfer to the bank account of KAVAZ BRAZIL as indicated on the invoice, or
b) By mail order, i.e., by handing over cash to the deliverer while receiving the goods – valid only for sales inside Slovakia country.
- The seller does not charge any fee for bank transfer, however, for the cash-on-delivery option, the seller adds a cost of 3 EUR to the invoice.
- The buyer commits to pay the amount stated on the invoice within the due date mentioned in the invoice.
- By the due date, the moment of crediting the price to the seller’s account is meant, i.e., payment should be sent to the seller at least one day before the due date, to assure that the seller will be credited on time.
c) When an invoice is not paid by the buyer within the due date, we will send a notification by email to the buyer, after this notification was sent (even without a response from the buyer’s side), the buyer must pay the total amount stated on the invoice within 24 hours from the notification and send the payment receipt to us.
d) If the invoice is not paid within 24 hours from the notification, the total amount of the invoice will be increased by 5% as fixed liquidated damages.
e) We might grant the buyer an extended term for payment of the price for the goods covered by the order and invoice, by 10, 15, 20, or 30 days, from the day on which the agreement for the sale of ordered goods has been concluded.
f) Extension of the payment term and level of the extension shall depend on the up-to-date cooperation, punctuality of payments, the volume of orders placed, the volume of each order and type of coffee ordered, and any other circumstance that the seller finds relevant to grant such a benefit.
g) For the buyer to have such a benefit, upon request and analysis from the seller, after the first 3 orders, we can give you a 15-day due date for invoices. In case of delayed payment, you will lose this option.
h) KAVAZ BRAZIL shall be under no obligation to present reasons which affected the decision regarding giving extended payment terms to the buyer, which can be other than delayed payment.
- The seller commits to deliver the ordered goods to the buyer within 10 working days counting from the payment confirmation date, subject to unforeseen issues in the logistics sector, e.g., the availability of a truck from the transport provider.
- Delivery dates are approximate. If the seller exceeds the delivery times, this does not entitle the buyer to compensation to annul the orders concerned or to dissolve the underlying agreement.
- When buyer orders goods that are afloat or at origin explicitly informed by KAVAZ BRAZIL, KAVAZ BRAZIL is not responsible for delays for reasons beyond its control, for example, when the transport cannot take place on the scheduled ship or date, customs procedures delays, congestion in ports and causes of force majeure.
- The order shall be delivered by our transport providers to an address indicated in the order placed by the buyer. In case the buyer does not indicate the address, the order shall be delivered to the address of the last delivery.
Article V – Contract withdrawal/compensation or return of goods
The buyer can withdraw the order by e-mail or by way of other communication channels made available by KAVAZ BRAZIL within 2 hours after the order was sent. If the buyer does not send any withdrawal request during this period, then it is considered that the parties have signed the contract under this GTC, and the seller will proceed with the next steps of the order.
- If the buyer orders the coffee based on a sample from a specific lot, the coffee supplied must fully be in accordance with this sample.
- If the buyer orders the coffee based on certain parameters or based on the quality report provided by KAVAZ BRAZIL, the coffee supplied must correspond with this description in all aspects (subject to differences in the sensorial skills of each individual).
- Subject to obvious mistake, or gross negligence by the seller, the buyer must not return the goods or request to annul the agreement or refuse to accept the coffee for the difference in quality between the coffee supplied and the above-mentioned sample or quality report. Such a difference in quality only entitles the buyer to compensation from us for the abnormal deviation, but not for a return.
The amount of coffee ordered to be supplied is specified in the order and invoice. However, the actual amount of coffee delivered may deviate by a maximum of 3% (more or less) from the amount specified in the order confirmation.
The buyer cannot withdraw from a contract, whose object is:
- the selling of goods which is not suitable for return due to reasons of health protection or hygienic reasons.
- the selling of goods that after delivery can be inseparably mixed with other goods – for example, green coffee beans.
The only case in which the buyer can return the goods or refuse to receive the shipment (if it is informed to us within 24 hours counting from the delivery date) is if the buyer receives goods that he or she did not order, or if the packages/bags are damaged.
Article VI – Acquisition of property and transfer of the risk
- The buyer acquires a property right towards the goods only by fully paying the whole invoice amount and if the buyer fulfills its obligations under these GTC.
- The risk of damage to the goods is transferred to the buyer at the moment in which the shipment with the order is dispatched from the seller’s warehouse when the shipment is paid for and arranged by the buyer.
- The risk of damage to the goods is transferred to the buyer at the moment of delivery of the order to the delivery address indicated in the order when the shipment is arranged and paid by the seller.
- If the buyer does not fulfill its obligations under these Terms and Conditions, or another agreement written and agreed on by email, or if there is a justified fear that it will not do so, KAVAZ BRAZIL may repossess the goods in which it retains property from the buyer or third parties. The buyer must refund KAVAZ BRAZIL any costs related to this process.
Article VII – Complaint order (responsibility for defects, complaints)
- Upon taking over the goods, the buyer must check whether:
– the goods have been delivered in accordance with the purchase order,
– the goods have been delivered in the amount specified in the purchase order,
– the goods or their packaging is damaged.
- In the case that the buyer has received goods that he or she had not ordered, the buyer must immediately, within 24 hours, contact the seller by email with a description and photos. In this case, the buyer is allowed not to take over the goods and together with the person, who delivered the goods, to write down a report about not accepting the delivery.
- In the case that the buyer has received goods that show signs of damage, or it was delivered in an amount lesser than ordered by the buyer, the buyer must take over the goods, while stating these facts in the delivery note. The buyer must within 24 hours after delivery sends such a delivery note and photos to the seller, by email, and claim his or her compensation. Later complaints regarding damage or amount of goods, after 24 hours it has been delivered, will not be accepted.
- If the buyer refuses to take over the goods (from the transport company) for any reason different than paragraph 2 of this Article, the seller must issue an invoice for the buyer to pay to the seller, the transportation cost for both transport routes: from the seller’s warehouse to the buyer’s delivery address and from the buyer’s delivery address back to the seller’s warehouse and another handling/palletizing costs.
- Only after these costs are paid by the buyer, the seller shall issue and send an invoice cancelation for the order with the goods and remit back to the buyer the amount paid for the goods.
- The buyer can complain about the goods by email at email@example.com and by attaching documents such as delivery notes, photos, and invoices. In the complaint the buyer must indicate:
a) his or her identity information,
b) description of goods that the buyer is complaining about,
c) description of the defect of the goods,
d) the order number that the complaint is referring to.
- It is not the seller’s responsibility for damage or defects on the goods, or its packages/bags caused by:
a) handling the goods at the buyer’s facility.
b) by pollution or contamination of the goods because of neglecting hygienic care at the buyer’s facility.
c) by using the goods in conditions that do not correspond in temperature, dust ability, humidity, chemical and mechanical impacts of the environment to those, in which the goods are normally used, for example, green coffee beans must not be in temperature under than 10 Celsius degrees as it can affect directly on the quality, also the coffee bags cannot remain open as the green coffee would easily lose humidity.
d) by external influences, e.g., by a fall, entering of water, fire.
e) by mechanical damage, especially bags torn, cut, thermally damaged goods, bags damaged due to carelessness, etc.
f) after the period for using the goods indicated on the package/bag as “Best before”,
g) natural disaster, natural catastrophe, violent damage, climate conditions, or usage in extreme and unusual conditions.
- In the case of things sold at a discounted price, the seller is not responsible for defects, because of which a lower price has been negotiated.
- The seller shall inform the buyer about the termination and the result of the complaint procedure by email.
- If the buyer raised the complaint about the goods after 7 calendar days the goods were delivered, the seller has the right to refuse the complaint without any evaluation.
- If the buyer raised the complaint toward the goods within 7 calendar days of the goods being delivered, the seller may process the complaint and evaluate case by case to compensate the buyer for the loss (if the complaint is eligible) or not. This is valid only and exclusively for complaints regarding defects that were not obvious and not possible to be visible (at the time of delivery).
Article VIII – Personal data and their protection
- Information on the processing of personal data can be found at www.kavazbrazil.sk/en/privacy-policy.
Article IX – Alternative solution to disputes
- The purpose of this article of the GTC is to inform the buyer of the possibility and conditions of alternative solutions to disputes between the seller and the buyer.
- The alternative solution of disputes is the action of a subject of the alternative solution of disputes whose goal is to reach a reconciling settlement of disputes between parties, i.e., between the buyer and the seller. The buyer can resolve his or her disagreement with the seller through the alternative solution to disputes.
- The competent body (subject) of alternative solutions to disputes is, in accordance with the generally binding legal norms, the Slovak trade inspection, to which the buyer can reach out, or another subject that is mentioned in the list of subjects of alternative solution of disputes made publicly accessible on the website of the Ministry of Economy of the Slovak republic – http://www.mhsr.sk
- The buyer can obtain information on conditions and platforms of alternative solutions to disputes at http://www.soi.sk/sk/Alternativne-riesenie-spotrebitelskych-sporov.soi
- The buyer can solve the disagreement between him or her and the seller also through the ODR (Online dispute resolution) platform. The buyer can inquire about conditions and the ODR platform of alternative solutions to disputes at http://ec.europa.eu/buyers/odr/
These General Terms and Conditions apply to all negotiations, orders, and agreements entered by KAVAZ s.r.o. or by KAVAZ BRAZIL Exports LTDA and the buyer.
Any deviation from these General Terms and Conditions needs to be agreed on by the parties in writing.
The provisions of the European Delivery Contract for Coffee apply to the legal relationships between the parties if these do not deviate from these General Terms and Conditions.
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Article X – Final norms
- Relations that are not regulated by the invoice date, these GTC and ECC (European Contracts for Coffee) are governed by Slovak law. All issues which have not been resolved under these GTS shall be resolved pursuant to provisions of Slovak civil code and by respective provisions of the Act No. 102/2014 Z. z.on protection of the buyer at selling of goods or providing of services on the basis of a contract concluded at distance or a contract concluded outside of the operating space of the seller and on modification and addition to some pieces of legislation, as amended by later regulations, of the law 250/2007 Z. z. on protection of the buyer and on modification of the Slovak national council Act No. 372/1990 Zb. on offences, as amended by later regulations, of the Act No. 22/2004 Z. z. on electronic commerce and on modification and addition to the Act No. 128/2002 Z. z. on state control of the internal market in the realm of buyer protection and on modification and addition to some pieces of legislation, as amended by the Act No. 284/2002 Z. z., and of the Act No. 40/1964 Zb. of the Civil code, as amended by later regulations.
- The buyer declares that he or she got informed about these GTC and commits to comply with them.
- These GTC become valid and come into effect on 31 October 2022.
- These GTC are available in Slovak and English language, in case of discrepancies between them, the English version is the one valid.