Background of the Cooperation with Berislav Kekez

For approximately three years, Berislav Kekez participated in some of the activities of the SmoothieBarmen platform, for a period as an employee and operationally as a collaborator on selected projects. His involvement was particularly connected with the AZbar systems, which he regarded as his own project, while his other activities involving bar automation, technical support, trade fairs and the development of individual clients were carried out within the SmoothieBarmen portfolio.

This cooperation did not mean that he was a partner in, or held rights to, the entire portfolio, suppliers, business contacts and projects of SmoothieBarmen, Novus Vita Distribution or other related business initiatives.

Through this cooperation, Berislav became acquainted with suppliers, manufacturers, customers and business models that we had developed. He participated in trade fairs in Croatia and was involved in the preparation of selected projects, including the development of business activities in Germany.

Development of Vermion on the European Market

The cooperation with the manufacturer Vermion Deluxe Foods and Thomas was developed as a broader European project. SmoothieBarmen organised the manufacturer’s presentation to European Union markets and carried out a significant part of the work required for its international market presence.

This included the reorganisation and rebranding of the international website, the creation of sales content and catalogues, the development of English-language presentations, European price lists, product positioning, the integration of Vermion ingredients with postmix and cocktail systems, and the identification of new partners, distributors and customers.

The business correspondence contains numerous confirmations relating to the development of the website, catalogues, presentations, price lists, concepts, declarations, promotional materials and new product applications. SmoothieBarmen personally opened or introduced several contacts and markets, including Germany, Poland and other European partners.

Business Development and Commission Agreement

The initial cooperation model included a five-percent commission connected with the development of the sales network and sales in markets in which Vermion was presented through our work.

During the cooperation, the scope of this agreement began to change. The commission was first limited to markets, partners and customers that we had personally opened, and its application to Germany and to contacts directly introduced by us was later called into question again.

The business correspondence shows that our compensation for sales to Berislav Kekez and Bernd, who were to become partners for Germany and other countries, was expressly discussed, including sales made directly or indirectly. The same correspondence confirms that the cooperation connected with Berislav and Bernd was a subject of agreement.

Despite this, the final model was never implemented in a manner corresponding to the work actually performed, the contacts opened and the originally agreed business development activities.

The CocktailMaker and Germany

The contact with Bernd and the German project The CocktailMaker was established and developed through SmoothieBarmen. Initial discussions, a presentation in Zagreb, product and price analyses, the connection with Vermion and the joint development of a combination of cocktail equipment, postmix systems and ingredients for the German market were organised through our activities.

Berislav Kekez was included in the German project as our collaborator, among other reasons because of his knowledge of German, his technical experience and his ability to work operationally in Germany. He was subsequently entrusted with part of the communication with Bernd and the German partners.

The German project was not intended as a one-time sale. Discussions concerned multiple pallet orders of Vermion juices and syrups, the integration of ingredients with CocktailMaker equipment and the further development of their existing customer base.

Unpaid Goods and the Prepared Pallet

A first delivery of Vermion products was ordered and collected for the German project and invoiced 09.08.2025. with Invoice E 33/01/4 amount of 1295 € The customer details and product list were provided for the purpose of issuing an invoice, and the related correspondence confirmed that the goods would be paid.

The goods were not paid for.

A subsequent, larger order was prepared for the continuation of the German project. The products were allocated and packed, and the pallet was specially prepared and wrapped for the customer. The pallet was not dispatched because the previously collected goods had not been paid for.

The prepared pallet has remained in storage since last year, while further pallet orders planned for the German market were halted. The goods that had already been prepared also remain in storage.

Existing Outstanding Obligations

At the time of these events, other outstanding obligations connected with Berislav Kekez’s work on earlier projects already existed towards us. Those obligations will be addressed as a separate part of the documented case after the related financial documentation has been completed.

Berislav was aware that no additional goods would be released to him through our sales channel until the previously collected goods and other due obligations had been settled.

Direct Ordering from Vermion

After further ordering through our channel was no longer possible without prior settlement of the outstanding obligations, Berislav Kekez contacted Thomas and Vermion Deluxe Foods directly and requested the option of purchasing directly.

According to the available business correspondence, Berislav subsequently ordered additional goods directly from Vermion, outside the channel through which Vermion, the German market, Bernd and The CocktailMaker had originally been connected and commercially developed.

This is particularly relevant to this case because Vermion was aware:

• that SmoothieBarmen had opened and developed the relevant contacts;
• that Berislav had been introduced into the project as our collaborator;
• that Germany, Bernd and The CocktailMaker were the result of our business development activities;
• that there had been prior communication concerning our commission on sales to those contacts;
• that unpaid goods and an uncollected prepared pallet already existed in connection with the German project.

We believe that, before any direct business was conducted, the existing obligations should have been clarified, the established business channel should have been protected and the previous oral and written agreements should have been respected. This is particularly important because all parties participated together in the Drinktec trade fair within the organisation prepared by our team.

Drinktec and the Preparation of the Joint Trade-Fair Presentation

Vermion’s participation at Drinktec in Munich was the result of several months of work and preparation by the SmoothieBarmen team.

Our team organised or created a significant part of the content and activities required for the presentation, including:

• the concept and international positioning of Vermion;
• the website, catalogues, price lists and sales presentations;
• printed materials and stand design elements;
• HealthyBar, postmix and BIB concepts;
• the presentation of new products and their possible applications;
• the organisation of partners, customers and meetings;
• the inclusion of Berislav, Bernd and the German team;
• the coordination of equipment, ingredients and presentations;
• communication with the trade-fair organiser and preparation of the administrative elements of the presentation.

The preparation was not carried out solely by Vermion and its internal team. A significant part of the organisational, development and marketing work was completed through SmoothieBarmen, using our network, experience and contacts.

Changes to Oral and Written Agreements

The issue in this case is not limited to one unpaid delivery or one direct contact. It concerns a connected sequence of events in which previously agreed terms were changed on several occasions.

These changes concerned:

• the scope of the agreed commission;
• the markets and customers to which the commission applied;
• the status of Germany and other markets opened by us;
• the method of direct or indirect sales to partners introduced by us;
• sales prices and ordering conditions;
• logistics and transport conditions;
• the allocation of roles in marketing, business development and product development;
• compensation for the work performed and the preparation of Drinktec.

According to our experience and the available correspondence, some of these changes were introduced unilaterally or without prior joint written confirmation. Following each such change, we were expected to adapt again, even though the work, markets, partners and sales materials had already been developed on the basis of earlier agreements.

For this reason, the case raises legitimate questions regarding the reliability of business commitments and respect for oral and written agreements, both in the relationship with Berislav Kekez and in relation to those who subsequently accepted direct business through contacts developed by our work.

Available Documentation

The evidence and complete business documentation will not be publicly published on this website in order to protect personal data, business information, the contents of private communications and the rights of all persons involved.

The documentation includes business and WhatsApp correspondence, emails, orders, invoices, quotations, delivery and warehouse documents, banking records, photographs of the prepared goods, website and marketing materials, and documentation relating to the preparation of the Drinktec trade fair.

Relevant parts of the documentation may, subject to the appropriate protection of personal and confidential information, be made available for inspection to:

• the directly involved parties and their legal representatives;
• the competent authorities;
• business entities conducting a justified due-diligence review of a potential business partner;
• journalists or other persons able to demonstrate a legitimate interest;
• other persons reporting a related documented business case.

Invitation to Submit a Statement

Berislav Kekez, Bernd and representatives of The CocktailMaker project, as well as Thomas and representatives of Vermion Deluxe Foods, are invited to submit their statements, corrections or additional documentation.

Every documented statement will be reviewed and, where relevant, incorporated into the presentation of the case. The purpose of this page is not to reach a unilateral conclusion, but to create a verifiable chronology and allow all parties involved to present their own documented account of events.

Purpose of the Publication

This publication is intended to provide publicly available information to persons who, before entering into a business relationship, search for the name Berislav Kekez, the AZbar project, the German project The CocktailMaker, Vermion Deluxe Foods or persons involved in the business relationship described above.

The publication does not encourage harassment, insults or conclusions without verification. It calls exclusively for business caution, verification of documentation, clear definition of responsibilities and written agreement on all important business terms before goods are released, work is invested or financial obligations are assumed.

This text constitutes a chronological account of a business experience and the available documentation. It does not constitute a legally binding decision, an allegation of criminal liability or a substitute for proceedings before a competent court or other authority.