Terms and conditions
Article 1 – General
These terms and conditions apply to every offer, quotation, and agreement between BE O and a customer to which BE O has declared these terms applicable, unless the parties have explicitly agreed otherwise in writing.
Any purchase or other terms and conditions of the customer do not apply.
If one or more provisions of these terms and conditions are at any time wholly or partially void or annulled, the remaining provisions shall continue to apply in full.
If a situation arises between the parties that is not covered by these terms and conditions, it shall be assessed in the spirit of these terms and conditions.
Article 2 – Quotations and Offers
All quotations and offers from BE O are without obligation, unless stated otherwise. A quotation or offer expires if the product to which it relates is no longer available.
BE O cannot be held to its quotations or offers if the customer can reasonably understand that they contain an obvious mistake or clerical error.
Agreements or commitments that deviate from the quotation, offer, or terms and conditions are only valid if confirmed by us in writing.
Prices stated in a quotation, in writing, or on a website are in euros, excluding VAT and other government levies, as well as shipping and administrative costs, unless stated otherwise.
A combined quotation does not oblige BE O to perform part of the assignment for a corresponding part of the quoted price.
If the customer does not agree with the content of the order confirmation, they must submit their objections to us in writing within 7 days of receipt; otherwise, the order confirmation shall be deemed to correctly reflect the agreement.
BE O reserves the right to make price changes without prior notice. BE O cannot be held responsible for incorrect price listings resulting from input, typographical, or printing errors.
Article 3 – Duration of the Contract, Delivery Terms, Performance, and Amendment of the Agreement
If a specific term has been agreed upon for the completion of certain work or the delivery of certain goods, this term shall never be considered a strict deadline. In the event of a delay, the customer must provide BE O with written notice of default, granting a reasonable period to still fulfill the agreement.
The execution period shall not commence until the customer has provided BE O with all required data accurately and completely.
Delivery takes place from BE O’s business premises or the relevant production location. The customer is obliged to accept the goods at the moment they are made available. If the customer refuses to take delivery or fails to provide the information or instructions necessary for delivery, BE O is entitled to store the goods at the customer’s expense and risk.
BE O reserves the right to have certain work performed by third parties.
If the agreement is executed in phases, BE O may suspend the execution of subsequent phases until the customer has approved the results of the previous phase in writing.
If during the execution of the agreement it appears necessary to modify or supplement it for proper performance, the parties shall, in mutual consultation and in a timely manner, adjust the agreement accordingly. BE O will, as far as possible, provide a price estimate in advance.
If the agreement is modified, BE O shall be entitled to implement these changes only after the customer has agreed to the revised price and other conditions, including the new delivery time. Failure to perform the modified agreement immediately does not constitute a breach of contract by BE O and does not entitle the customer to terminate the agreement. BE O may refuse a request to modify the agreement without providing reasons.
If the customer fails to properly fulfill the agreement, they are liable for all resulting damages suffered by BE O.
If BE O has agreed on a fixed price with the customer, BE O nevertheless reserves the right to increase this price if the increase results from legislation or regulations, or from a rise in the cost of raw materials, wages, or other factors.
Anyone placing a printing or reproduction order is presumed to be authorized to do so. Such a person, together with their principals and to the exclusion of the printer, bears full responsibility toward third parties.
Article 4 – Suspension, Dissolution, and Termination of the Agreement
BE O is entitled to suspend the fulfillment of its obligations or to dissolve the agreement if:
- The customer does not, does not fully, or does not timely fulfill their obligations under the agreement;
- After entering into the agreement, circumstances come to the attention of BE O that give good reason to fear that the customer will not fulfill their obligations;
- Circumstances arise of such a nature that fulfillment of the agreement becomes impossible, or circumstances occur that make it unreasonable to expect BE O to maintain the agreement unchanged.
If the dissolution is attributable to the customer, BE O is entitled to compensation for all damages incurred as a result.
In the event of liquidation, suspension of payments, bankruptcy, or any other circumstance whereby the customer can no longer freely dispose of their assets, BE O is entitled to terminate the agreement immediately, without being liable for any compensation. In such cases, all claims by BE O against the customer become immediately due and payable.
If the customer cancels an order in whole or in part, all goods ordered or prepared for that purpose, along with any associated supply, removal, and delivery costs and the labor time reserved for executing the agreement, will be fully charged to the customer.
If the agreement is dissolved, all outstanding claims of BE O against the customer become immediately due and payable.
Article 5 – Force Majeure
BE O is not obliged to fulfill its obligations under the agreement if it is prevented from doing so due to circumstances that are not attributable to fault and are not for its account under the law, a legal act, or generally accepted practice.
In these general terms and conditions, “force majeure” refers to all external causes—whether foreseeable or not—over which BE O has no control, including strikes within BE O’s own company or that of third parties.
During the period of force majeure, BE O may suspend its obligations under the agreement. If this period lasts longer than two months, either party is entitled to dissolve the agreement without any obligation to pay compensation to the other party.
If BE O has already partially fulfilled its obligations under the agreement at the time the force majeure occurs, or is able to partially fulfill them, and the fulfilled or fulfillable part has independent value, BE O is entitled to invoice that part separately. The customer is obliged to pay this invoice as if it were a separate agreement.
Article 6 – Payment and Collection Costs
Payment must be made within 14 days of the invoice date, in the manner indicated by BE O and in the currency in which the invoice was issued. BE O is entitled to invoice periodically.
If the customer fails to make timely payment of an invoice, the customer is automatically in default. In that case, the customer owes interest of 2% per month, unless the statutory interest rate is higher, in which case the statutory rate applies. Interest on the outstanding amount will be calculated from the date the customer is in default until the date of full payment.
BE O has the right to apply payments made by the customer first to outstanding costs, then to accrued interest, and finally to the principal amount and current interest.
The customer is never entitled to offset any amount owed to BE O against a counterclaim.
Objections to the amount of an invoice do not suspend the customer’s payment obligation.
If the customer is in default or otherwise fails to fulfill their obligations in a timely manner, all reasonable costs incurred to obtain payment out of court shall be borne by the customer. The out-of-court collection costs will be calculated in accordance with what is customary in Dutch debt collection practice.
Article 7 – Retention of Title
All goods delivered by BE O under the agreement remain the property of BE O until the customer has fulfilled all obligations arising from the agreement(s) concluded with BE O.
Goods delivered by BE O that fall under the above retention of title may not be resold and may never be used as a means of payment. The customer is not authorized to pledge or otherwise encumber the goods subject to the retention of title.
The customer must always do everything that can reasonably be expected to safeguard BE O’s ownership rights.
If third parties seize goods delivered under retention of title, or wish to establish or assert rights to them, the customer is obliged to notify BE O immediately.
The customer undertakes to insure and keep insured the goods delivered under retention of title against fire, explosion, and water damage, as well as theft, and to provide BE O with access to the insurance policy upon first request. In the event of any insurance payout, BE O shall be entitled to the corresponding funds.
In the event that BE O wishes to exercise its ownership rights as referred to in this article, the customer hereby grants BE O and any third parties designated by BE O unconditional and irrevocable permission to enter any locations where BE O’s property is situated and to repossess those goods.
Article 8 – Warranties, Inspection and Complaints, Limitation Period
The goods to be delivered by BE O shall meet the requirements and standards that can reasonably be expected at the time of delivery and for which they are intended under normal use within the Netherlands. The warranty referred to in this article applies to goods intended for their designated use within the Netherlands. In the case of use outside the Netherlands, the customer must verify whether their use is suitable and complies with the applicable local conditions. BE O may, in such cases, apply different warranty or other conditions regarding the supplied goods or services.
A minor deviation of up to 10% in ink colors, color, shape, size, quality, or thickness of printed or custom-made items does not justify a complaint or refusal. Such a deviation can never justify refusal of the goods or a request for a price reduction.
In the production of custom-made items, a defect rate of up to 2% is considered normal; a deviation of approximately ±10% in the ordered quantities is accepted by the customer.
The responsibility of BE O does not extend beyond the technical characteristics inherent to the ordered products.
The warranty referred to in this article is valid for a period of 12 months after delivery, unless the nature of the goods dictates otherwise or the parties have agreed otherwise. If the warranty provided by BE O concerns an item manufactured by a third party, the warranty is limited to that provided by the manufacturer, unless stated otherwise.
Any form of warranty becomes void in the event of improper or inappropriate use, incorrect storage by the customer or third parties, if the customer or third parties have made or attempted to make changes to the item, if other goods have been attached to it, or if it has been processed in a way other than prescribed. The warranty also expires in the case of defects resulting from circumstances beyond BE O’s control, including weather conditions.
The customer is obliged to inspect the delivered goods (or have them inspected) upon receipt. Any visible defects must be reported to BE O in writing within seven days of delivery. Any non-visible defects must be reported immediately upon discovery, but in any case no later than seven days thereafter, in writing.
A timely complaint does not suspend the customer’s obligation to accept or pay for the goods.
If a defect is reported too late, the customer loses any right to repair, replacement, or compensation.
If, after a timely complaint, it is established that a product is defective, BE O shall, within a reasonable period after receiving the returned item—or, if return is not reasonably possible, at BE O’s discretion—replace or repair it, or provide the customer with a replacement compensation.
If a complaint is found to be unfounded, all resulting costs, including inspection costs, shall be borne by the customer.
After the warranty period has expired, all costs for repair or replacement will be charged to the customer.
Notwithstanding statutory limitation periods, the limitation period for all claims and defenses against BE O is one year.
Article 9 – Liability
BE O is not liable for any damage of any kind, direct or indirect, that occurs after delivery—regardless of the cause—to customers or their property, to family members or their property, or to third parties or their property. The foregoing applies except in cases of intent, recklessness, or other culpable gross negligence.
If BE O is found liable for any damage, BE O’s liability is limited to a maximum of twice the invoice value of the product to which the liability relates.
Any potential liability of BE O shall only arise if the customer has promptly and properly notified BE O in writing of the default, granting a reasonable period to remedy the shortcoming, and BE O has subsequently failed to fulfill its obligations within that period. The notice of default must contain a detailed description of the alleged shortcoming to enable BE O to respond adequately.
BE O shall never be liable for indirect damages.
Once an order has been dispatched, BE O has no further influence over its delivery and cannot be held liable for any delays caused by the shipping carrier. The customer is responsible for providing a correct delivery address. Any additional costs arising from an incorrect address are at the customer’s expense.
If a delivery is received in a damaged condition, the customer may contact BE O by email in order to find a suitable solution together.
Article 10 – Transfer of Risk
The risk of loss, damage, or depreciation passes to the customer at the moment the goods are placed under the customer’s control.
Article 11 – Indemnification
The customer indemnifies BE O against any claims from third parties who suffer damage in connection with the execution of the agreement.
Article 12 – Intellectual Property Rights
BE O is and remains the exclusive holder of all (intellectual) property rights (including but not limited to design rights, name rights, copyrights, moral rights, model rights, and database rights) pertaining to all products that have been or will be created by BE O, as well as all publications (including but not limited to texts, articles, images, and logos/designs) displayed on its website(s) and/or other (social) media channels. To the extent that such rights can only be obtained through registration or filing, only BE O is entitled to do so.
BE O grants business and private end users the right to use BE O’s products within and for the benefit of their own organization or for private use, but only after the customer has fulfilled all (payment) obligations arising from the agreement.
Without prior written permission from BE O, the customer is not permitted to transfer this right of use to third parties, except for private use.
Without prior written permission from BE O, the customer is not permitted to use BE O’s products for advertising or promotional purposes.
In the event of any broader or different use than agreed upon, BE O is entitled to compensation for infringement of its rights amounting to at least three times the invoiced turnover to the customer in the preceding 12 months, or a compensation that is fair and reasonable in proportion to the infringement, without prejudice to BE O’s right to claim compensation for the actual damages suffered.
Article 13 – Applicable Law and Disputes
Only Dutch law applies to the agreement, even if the agreement is performed in whole or in part abroad. The applicability of the Vienna Sales Convention (CISG) is excluded.
The court in the district where BE O is established shall have exclusive jurisdiction to hear any disputes, unless mandatory law provides otherwise.
Article 14 – Location and Amendment of Terms and Conditions
These terms and conditions can be found on the website: www.beolifestyle.myshopify.com
The Dutch version of the general terms and conditions shall always prevail in the event of differences in interpretation.