AGB

Bemakers ApS ist Vertragspartner für alle online Bestellungen. Folgende AGBs sind daher in der Originalfassung auf englisch. Bei Rückfragen kontaktieren Sie uns gerne persönlich.

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:

No indirect loss is covered including, but not limited to, any loss of data, any loss of revenue, loss of sales etc.
Damages are under any circumstances limited to the amount invoiced by Bemakers to the specific End-Customer in question.
Only claims based on circumstances of gross negligence or intent can be raised against BeMakers.
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.

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

POLICIES

SHIPPING POLICY

Shipping times

We handle the orders in the order they are received and we deliver within 2-3 days for same-country delivery and 4-5 days for cross-border delivery.For orders placed on the weekend, or during holidays, please expect the delivery time to be extended as our shipping partner doesn't not pickup goods outside of business hours.

PostNord Collection points

‍Your goods will be delivered to the PostNord collection point closest to your address and the delivery is considered done when you have receive your goods from the collection point.

Our delivery partner PostNord delivers to collection points up to 7-days a week.

If the goods are not collected from a collection point within their prescribed time frame then PostNord will automatically return them to us. If this occurs, as a buyer you will receive a refund equal to the order amount minus the shipping fees.

Custom shipping needs

‍If you need to ship to a location other than a Postnord collection point then please contact our support at support@bemakers.com and they can help.

PURCHASE AGREEMENT

Capacity and age

By placing an Order through the website you warrant that you are both:

1) legally capable of entering into binding contracts;

2) of legal age to purchase alcohol in your country.

Legal ages by country:

- 18 years old in Denmark, Germany and Belgium

- 20 years old in Sweden, Finland and Lithuania

- 16 years old in Luxembourg

- 18 years old in all other EU countries

When your order is placed we will send you an e-mail confirming your order was received. When your order has shipped we will send you an e-mail with a shipping confirmation that also functions as the binding purchase agreement.

EU RIGHT OF WITHDRAWAL

In the EU, when you have purchased goods or services at a distance such as via a website or from another EU country then you have the right to cancel your purchase for any reason with 14-days of receiving the goods. This 14-day period starts from the date you receive the goods.

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How to exercise your right

To exercise your right of withdrawal, notify us within 14 days of having received your delivery by contacting us at support@bemakers.com. In the e-mail tell us that you are using your right of withdrawal and provide your details and your order details.

It is important that we have an agreement to this effect before you return any goods.

Refusal of delivery or the return of a good without a declaration of withdrawal does not suffice to express your wish to withdraw.

The goods must be returned in the original packaging and the return shipping costs are the responsibility of the buyer.

The right of withdrawal does not apply to the following:

- Goods that spoil or perish quickly.

- Goods that have been taken in to use (e.g. partially consumed).

- Goods which have been unsealed after delivery by you and which cannot be returned for reasons of hygiene or health protection.

WARRANTY AND RETURN POLICY

When you purchase products from us you have the right to cancel and return your order within 14 days of receiving it.

Bear in mind, for an order to be eligible for a refund the returned items must be unopened and in their original condition and packaging.

You are responsible for the condition of the goods and of the decreased value of the goods caused by mishandling them beyond what is necessary to determine the nature, characteristics and function of the goods.

To return an order fully or partially, contact us at support@bemakers.com and provide your details and your order details.

To complete your return, we require a receipt or proof of purchase. Further we require an email informing us, that you want to return your purchase including the reason for doing so, followed by a tracking number on your shipment. Support will provide you with the address where you should return the goods to.

Please forward this email to: support@bemakers.com

Refunds take between 5-10 business days to be credited back to your payment card from when we have accepted your return and received the tracking number of the return shipment.

PAYMENT METHODS AND PRICES

Supported payment methods are:

- Visa/Dankort

- Mastercard

- Maestro

- Apple Pay

- Google Pay

All prices are incl. 25 % vat, where nothing else is mentioned.

SUPPORT

To best support you with a return inquiry or request we ask that you please contact us at the e-mail at support+illusionist@bemakers.com or by phone at +45 26 33 56 56.

Please be prepared to provide the following information when submitting your request:

- Order ID

- Name of the product(s) in your order

- An image of the damaged or incorrect product if applicable

All requests will be reviewed individually.

This Privacy Policy describes how BeMakers (the "Site" or "we") collects, uses, and discloses your Personal Information when you visit or make a purchase from the Site.

COLLECTING PERSONAL INFORMATION

When you visit the Site, we collect certain information necessary to process your purchases. We may also collect additional information if you contact us for customer support. In this Privacy Policy, we refer to any information that can uniquely identify an individual (including the information below) as "Personal Information". See the list below for more information about what Personal Information we collect and why.

Device information:

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Examples of Personal Information collected: Version of web browser, IP address, time zone, cookie information, what products you view and how you interact with the Site.

‍Purpose of collection: To load the Site accurately for you, and to perform analytics on Site usage to optimize our Site.

‍Source of collection: Collected automatically when you access our Site using cookies, log files, tags, or pixels

‍Disclosure for a business purpose: Shared with our processor Shopify so we can complete the order transaction

Order information:

‍Examples of Personal Information collected: Name, billing address, shipping address, payment information, e-mail address, and phone number.

‍Purpose of collection: To provide products or services to you to fulfil our contract, to process your payment information, arrange for shipping, and provide you with invoices and/or order confirmations, communicate with you, screen our orders for potential risk or fraud, and when in line with the preferences you have shared with us, provide you with information or marketing relating to our products or services.

‍Source of collection: Collected from you.

‍Disclosure for a business purpose: Shared with our processor Shopify. Shipping-related information will be shared with our processor PostNord as well as the producer of the products.

Customer support information:

‍Examples of Personal Information collected:E-mail, name, phone number and order information

‍Purpose of collection: To provide customer support.

‍Source of collection: Collected from you.

Minors

The Site is not intended for individuals under the age of 18 or under the legal alcoholic beverage purchasing age in your country . We do not intentionally collect Personal Information from children. If you are the parent or guardian and believe your child has provided us with Personal Information, please contact us at the address below to request deletion.

SHARING PERSONAL INFORMATION

We share your Personal Information with service providers to help us provide our services and fulfil our contracts with you, as described above. For example:

We work with the producers of the beverage products and may need to share your Personal Information to prepare orders for shipping.

We use Shopify to power our online store. You can read more about how Shopify uses your Personal Information here: https://www.shopify.com/legal/privacy

We may share your Personal Information to comply with applicable laws and regulations, to respond to a subpoena, search warrant or other lawful request for information we receive, or to otherwise protect our rights.

We use PostNord to delivery our orders. You can read more about how PostNord uses your Personal Information here: https://www.postnord.dk/en/privacy-policy

We use Source Logistics as a fulfillment partner for some products. You can contact them at contact@sourcelogistics.dk to learn about how they use your Personal Information.

USING PERSONAL INFORMATION

We use your personal Information to provide our services to you, which includes: offering you products for sale, processing your payments, shipping and fulfilment of your order, and keeping you up to date on new products, services, and offers.

‍Lawful basis

‍Pursuant to the General Data Protection Regulation ("GDPR"), if you are a resident of the European Economic Area ("EEA"), we process your personal information under the following lawful bases:

Your consent;

The performance of the contract between you and the Site;

Compliance with our legal obligations;

To protect your vital interests;

To perform a task carried out in the public interest;

For our legitimate interests, which do not override your fundamental rights and freedoms.

‍Retention

‍When you place an order through the Site, we will retain your Personal Information for our records unless and until you ask us to erase this information. For more information on your right of erasure, please see the 'Your rights' section below.

‍Automatic decision-making

‍If you are a resident of the EEA, you have the right to object to processing based solely on automated decision-making (which includes profiling), when that decision-making has a legal effect on you or otherwise significantly affects you.

We do not engage in fully automated decision-making that has a legal or otherwise significant effect using customer data.

Our processor Shopify uses limited automated decision-making to prevent fraud that does not have a legal or otherwise significant effect on you.

Services that include elements of automated decision-making include:

Temporary denylist of IP addresses associated with repeated failed transactions. This denylist persists for a small number of hours. Temporary denylist of credit cards associated with denylisted IP addresses. This denylist persists for a small number of days.

YOUR RIGHTS

GDPR

‍If you are a resident of the EEA, you have the right to access the Personal Information we hold about you, to port it to a new service, and to ask that your Personal Information be corrected, updated, or erased. If you would like to exercise these rights, please contact us through the contact information below.

‍Shopify

‍Your Personal Information will be initially processed in Ireland and might be transferred to other Shopify entities outside of Europe for storage and further processing as necessary to provide our services. For more information on how data transfers comply with the GDPR, see Shopify's GDPR Whitepaper: https://help.shopify.com/en/manual/your-account/privacy/GDPR .

COOKIES

A cookie is a small amount of information that's downloaded to your computer or device when you visit our Site. We use a number of different cookies, including functional, performance, advertising, and social media or content cookies. Cookies make your browsing experience better by allowing the website to remember your actions and preferences (such as login and region selection). This means you don't have to re-enter this information each time you return to the site or browse from one page to another. Cookies also provide information on how people use the website, for instance whether it's their first time visiting or if they are a frequent visitor.

We use the following cookies to optimize your experience on our Site and to provide our services.

Cookies necessary for the functioning of the store
Reporting and analytics

The length of time that a cookie remains on your computer or mobile device depends on whether it is a "persistent" or "session" cookie. Session cookies last until you stop browsing and persistent cookies last until they expire or are deleted. Most of the cookies we use are persistent and will expire between 30 minutes and two years from the date they are downloaded to your device.

You can control and manage cookies in various ways. Please keep in mind that removing or blocking cookies can negatively impact your user experience and parts of our website may no longer be fully accessible.

Most browsers automatically accept cookies, but you can choose whether or not to accept cookies through your browser controls, often found in your browser's "Tools" or "Preferences" menu. For more information on how to modify your browser settings or how to block, manage or filter cookies can be found in your browser's help file or through such sites as www.allaboutcookies.org.

Additionally, please note that blocking cookies may not completely prevent how we share information with third parties such as our advertising partners. To exercise your rights or opt-out of certain uses of your information by these parties, please follow the instructions in the "Behavioural Advertising" section above.

Do Not Track

‍Please note that because there is no consistent industry understanding of how to respond to "Do Not Track" signals, we do not alter our data collection and usage practices when we detect such a signal from your browser.

CHANGES

We may update this Privacy Policy from time to time in order to reflect, for example, changes to our practices or for other operational, legal, or regulatory reasons.

CONTACT

For more information about our privacy practices, if you have questions, or if you would like to make a complaint, please contact us by e-mail at info+policy@bemakers.com or by mail using the details provided below:

BeMakers ApS