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TERMS AND CONDITIONS FOR END-CUSTOMERS
1. INTRODUCTION
1.1. Bemakers ApS (hereinafter defined as “Bemakers”) has developed and manages a platform “bemakers.com” (hereinafter defined as the “Platform”) with the purpose of facilitating sale of alcoholic beverages (spirits, wines, beers etc.) and any related products (merchandise such as t-shirts, drinking glasses, caps etc. and non-alcoholic beverages) (hereinafter jointly defined as the “Products”) on behalf of Makers of such alcoholic beverages (manufacturers, right holders, national distributors and similar – hereinafter defined as “Makers”) to end-users (either professional end-users such as restaurants, bars etc. or private such as private consumers – hereinafter jointly defined as “End-Customers” or “End-Users”) residing in a country serviced by Bemakers.1.2. The Maker is a developer, manufacturer, supplier and/or distributor of Products which the Maker wishes to sell to End-Customers residing in a country serviced by Bemakers, cf. Clause 1.1.
1.3. In order to comply with local rules and regulations, Bemakers will purchase the Products from the Maker and will sell and invoice such Products to End-Customers residing in countries serviced by Bemakers as instructed by Maker.
2. RELATIONSHIP BETWEEN MAKER AND END-CUSTOMER
2.1. Maker will properly manage its offering and ensure that relevant information such as price, alcoholic content and other details of the Products provided to End-Customers or described on the Platform are correct and accurate.2.2. Maker has full responsibility and full liability for the compliance of the Products including alcoholic beverages sold in respect of all rules and regulations in the country of residence of the End-User to which the Products are delivered. Maker’s obligations to comply with local rules and regulations in the country of residence of End-User also extends to specifically cover rules and regulations in respect of marketing of Products including alcoholic beverages in the country of residence of End-User and any limitations (including, but not limited to, limitations in respect of alcoholic percentages of alcoholic beverages, the age of the End-Users etc.) which may apply.
2.3. Maker is fully responsible for the quality of the Products sold. This not only covers the actual quality of the Products but also covers any deficiencies or defaults in respect of the agreement made between the Maker and the End-User as regards the Products.
Maker will handle all claims for return of Products or financial compensation from End-Users related to default in the quality or specification of the Products delivered directly with the End-User.
To the extent that the End-User decides to raise claims directly against Bemakers for any default in the quality or specification of the Products delivered, Bemakers will handle such claims in accordance with these Terms and Conditions and the rules and regulations applicable in the country of residence of the End-User.
2.4. Maker is responsible for the shipping of the Products to the End-Users. Maker is responsible for the proper packaging of the Products as deemed suitable for long-distance transportation by road.
In the event of damage to the Products during shipping or in the event of late delivery, which is not accepted by the End-User, Makers will assume full liability for any such claims and losses.
To the extent that an End-User raises any claims against Bemakers in respect of damage to the Products during shipping or late or faulty delivery, Bemakers will assume liability for such damage in accordance with these Terms and Conditions and the rules and regulations applicable in the country of residence of the End-User.
3. BEMAKERS AS CONTRACT PARTY WITH END-CUSTOMER
3.1. Bemakers is authorised to import alcoholic beverages into the country of residence of the End-Users in such countries which are listed on the website of Bemakers, cf. Clause 1.1 above, and Bemakers will comply with any rules and regulations under such authorisation when purchasing Products from the Maker and reselling such products to the End-User as agreed between Maker and End-User. Bemakers is a Platform provider only and Bemakers is not obliged to provide any background check or qualification of Makers or products just as Bemakers does not manage any approval, procedure system or process towards the Makers.3.2. Bemakers will in respect of the End-User manage invoicing of the Products as agreed between the Maker and the End-User and will make sure that the Products are properly imported into the country of residence of the End-User in accordance with local rules and regulations including rules for the payment of excise duties. If the invoiced amount is not paid on time, Bemakers is allowed to calculate interest for late payment in accordance with the Danish rules on late interest payment or any similar rules which specifically apply to interest payments between suppliers of goods and services on one side and consumers/private customers on the other side in the country of residence of the End-User.
If the End-User does not pay the invoiced amount at the due date, Bemakers is allowed to transfer the claim according to the invoice to a third party including to the Maker for collection.
4. PAYMENTS
4.1. Bemakers will invoice the End-User the relevant price for Products as set by the Maker and agreed upon between the Maker on the one side and the End-User on the other side, including costs for transportation and delivery and costs for local excise duties.5. CONSUMERS’ RIGHT OF CANCELLATION
5.1. Under Danish law, consumers have a general right of cancellation (“fortrydelsesret”) which applies during a two weeks’ period from entering into an agreement for delivery of goods and services to consumers. These rights of cancellation may be supplemented by similar rights of cancellation for consumers in the country of residence of the End-User. Such rights of cancellation also apply to the relationship between Bemakers and the End-User.5.2. To the extent that an End-User calls its right of cancellation, Maker will make arrangements directly with the End-User for the return by the End-User of the Products delivered.6. PLATFORM FUNCTIONALITIES
6.1. The Maker is solely responsible for any content descriptions etc. of products made available on the Platform.6.2. The End-Users will not acquire any right of licence or ownership or any other interest in the Platform and will not earn any kind of specific goodwill while using the Platform. All patents, trademarks, designs, use models, business names and copyrights as well as any software underlying technology and information, data on users etc. which is generated as part of the establishing, the management and the use of the Platform belongs to Bemakers (or licensees of Bemakers).
6.3. Bemakers reserve the right to change, modify, suspend or discontinue all or any part of this Platform or the services offered by way of the Platform at any time.
6.4. Bemakers may release certain services on their features while they are still considered to be a beta version, which may not work correctly, or in the same way as how the final version may work and cannot be held liable in such instances. Bemakers may also impose limitations on certain features or restrict the access of Makers or other users to parts of or the entire Platform at its sole discretion without notice or liability. Bemakers reserve the right to refuse to provide access to the Platform to Makers or other users for whatever reason.
7. LIMITATION OF LIABILITY
7.1. Should Bemakers become liable for any deliveries of Products including alcoholic beverages to the End-Customer, such liability is limited in the following ways:1. No indirect loss is covered including, but not limited to, any loss of data, any loss of revenue, loss of sales etc.
2. Damages are under any circumstances limited to the amount invoiced by Bemakers to the specific End-Customer in question.
3. Only claims based on circumstances of gross negligence or intent can be raised against BeMakers.
4. Bemakers is never liable for errors on the Platform, underlying software or any information provided by the Makers or the End-Users. The Platform and its functionalities are provided to the Makers and End-Users “as is”
The limitations and exclusions in this Clause “Limitation of Liability” apply to the maximum extent permitted by applicable law in the country of residence of End-Customer.
8. DATA PROTECTION
8.1. Bemakers is under obligation to protect the privacy and the safety of personal data handled in respect of services provided by Bemakers in connection to the Platform. Reference is made to the Privacy Policy of Bemakers which specifically by incorporation in these Terms and Conditions applies to the relation between BeMakers and the End-Users.8.2. The Privacy Policy of Bemakers is available on the website of Bemakers and is attached to these Terms and Conditions and forms an integral part hereof.
9. OTHER TERMS AND CONDITIONS 9.1. Bemakers may from time to other change these Terms and Conditions.
9.2. These Terms and Conditions constitute the entire agreement between End-Customers and Bemakers concerning the Products delivered and services provided by Bemakers with respect to the Platform with due respect of any preceptive rules and regulations for the protection of End-Customers which are at the same time private consumers in the country of residence of the End-Customer. If a provision of these Terms and Conditions is found to be unenforceable, the remaining provisions of these Terms and Conditions will remain in full force and effect and an unenforceable provision will be substituted by an enforceable provision reflecting as closely as possible the original intent of the parties. Bemakers’ failure to reinforce any provision of these Terms and Conditions shall not be deemed a waiver of its right to do so at a later point in time.
9.3. Any complaints in respect of the quality or delivery service in respect of the products ordered by the End-Customers should initially be directed in writing to the Maker in question. If the Maker does not react within 24 hours, the End-Customers are welcome to file a complaint directly with Bemakers.
The business address of Bemakers is:
Bemakers ApS
Amalievej 20, Baghuset, 1.
DK-1875 Frederiksberg C
Complaints can be filed either by using the following mail: support+complaints@bemakers.com or on telephone number +45 26 33 56 56.
A specific reference is made to the attached privacy policy of Bemakers where reference is made to the possibility to file complaints in respect of GDPR and the handling of personal data both with Bemakers but also with the Danish Data Protection Agency.
9.4. Disputes in respect of these Terms and conditions and any other disputes or claims in connection with the services by Bemakers in respect of the Platform shall be settled in accordance with Danish law with the City Court of Copenhagen, Denmark, as legal venue in the first instance unless otherwise provided for with due respect of any preceptive rules and regulations for the protection of End-Customers which are at the same time private consumers in the country of residence of the End-Customer.
9.5 Bemakers complies with French regulations for the handling and disposal of packaging materials. Our Packaging universal identifier, FR319022_01ACSF, confirms our commitment to reducing the environmental impact of our packaging.
March 2023
Bemakers ApS
9.2. These Terms and Conditions constitute the entire agreement between End-Customers and Bemakers concerning the Products delivered and services provided by Bemakers with respect to the Platform with due respect of any preceptive rules and regulations for the protection of End-Customers which are at the same time private consumers in the country of residence of the End-Customer. If a provision of these Terms and Conditions is found to be unenforceable, the remaining provisions of these Terms and Conditions will remain in full force and effect and an unenforceable provision will be substituted by an enforceable provision reflecting as closely as possible the original intent of the parties. Bemakers’ failure to reinforce any provision of these Terms and Conditions shall not be deemed a waiver of its right to do so at a later point in time.
9.3. Any complaints in respect of the quality or delivery service in respect of the products ordered by the End-Customers should initially be directed in writing to the Maker in question. If the Maker does not react within 24 hours, the End-Customers are welcome to file a complaint directly with Bemakers.
The business address of Bemakers is:
Bemakers ApS
Amalievej 20, Baghuset, 1.
DK-1875 Frederiksberg C
Complaints can be filed either by using the following mail: support+complaints@bemakers.com or on telephone number +45 26 33 56 56.
A specific reference is made to the attached privacy policy of Bemakers where reference is made to the possibility to file complaints in respect of GDPR and the handling of personal data both with Bemakers but also with the Danish Data Protection Agency.
9.4. Disputes in respect of these Terms and conditions and any other disputes or claims in connection with the services by Bemakers in respect of the Platform shall be settled in accordance with Danish law with the City Court of Copenhagen, Denmark, as legal venue in the first instance unless otherwise provided for with due respect of any preceptive rules and regulations for the protection of End-Customers which are at the same time private consumers in the country of residence of the End-Customer.
9.5 Bemakers complies with French regulations for the handling and disposal of packaging materials. Our Packaging universal identifier, FR319022_01ACSF, confirms our commitment to reducing the environmental impact of our packaging.
March 2023
Bemakers ApS
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