The private limited company Beary Bears (hereinafter: Beary Bears) is registered with the Chamber of Commerce under number 89188403 and is established at Lage Brink 19 D (7317 BD) in Apeldoorn, the Netherlands.
In these general terms and conditions, the following terms shall have the following meanings unless explicitly stated otherwise:
Beary Bears shall also include its employees.
Company: The natural or legal person acting in the exercise of a profession or business.
Customer: The Company that enters into an (distance) Agreement with the Seller.
Seller: The provider of Products to the Customer, hereinafter: Beary Bears.
Offer: Any offer to the Customer for the supply of Products by the Seller.
Products: The products sold by Beary Bears are plush toys in the broadest sense of the word.
Agreement: The (purchase) agreement aimed at the sale and delivery of Products purchased by the Customer from Beary Bears.
Website: The website used by Beary Bears is www.beary-bears.com.
These general terms and conditions apply to every Offer by Beary Bears and to every Agreement between Beary Bears and a Customer and to every Product offered by Beary Bears.
Before an (distance) Agreement is concluded, the Customer will be provided with these general terms and conditions. If this is not reasonably possible, Beary Bears will indicate how the Customer can inspect the general terms and conditions.
The applicability of any (other) general or purchasing conditions of the Customer is expressly rejected. Only the general terms and conditions of Beary Bears apply.
Deviation from these general terms and conditions is in principle not possible. In exceptional situations, deviations may be agreed explicitly and in writing with Beary Bears.
These general terms and conditions also apply to additional, amended, and follow-up Agreements with the Customer.
If one or more provisions of these general terms and conditions are wholly or partially null and void or are annulled, the remaining provisions shall remain in force and the invalid/annulled provision(s) shall be replaced by a provision with the same purport as the original.
Ambiguities regarding the content, interpretation, or situations not covered by these general terms and conditions must be assessed in the spirit of these general terms and conditions.
All offers made by Beary Bears are without obligation unless explicitly stated otherwise in writing. If an Offer is limited or subject to specific conditions, this will be explicitly stated in the Offer. An Offer may be made both verbally and in writing.
Beary Bears is only bound by a quotation if its acceptance is confirmed in writing by the Customer within fourteen (14) days. Nevertheless, Beary Bears has the right to refuse an Agreement with a potential Customer for a reason justified for Beary Bears.
The Offer contains a description of the Product offered. The description is sufficiently detailed to enable the Customer to properly assess the Offer. Obvious mistakes or errors in the Offer do not bind Beary Bears. Images and specific data in the Offer are indicative only and cannot be grounds for compensation or dissolution of the (distance) Agreement. Beary Bears cannot guarantee that the colours in the images exactly match the real colours of the Product.
Delivery times in quotations are indicative and do not entitle the Customer to dissolution or compensation if exceeded, unless explicitly agreed otherwise.
A composite quotation does not oblige Beary Bears to deliver part of the goods included in the Offer at a corresponding part of the stated price.
Offers or quotations do not automatically apply to repeat orders. Offers and quotations are valid while stocks last and according to the “while supplies last” principle.
Beary Bears has the right to refuse orders without stating reasons. Such refusal does not entitle the Customer to compensation.
The Agreement is concluded at the moment the Customer accepts an Offer from Beary Bears by paying for the relevant Product.
If the Customer has accepted the Offer, Beary Bears will confirm the Agreement in writing.
If the acceptance deviates (on minor points) from the Offer, Beary Bears is not bound by it. The Customer must pay the full quotation or invoice unless proven otherwise.
Beary Bears is not bound by an Offer if the Customer could reasonably have understood that the Offer contained an obvious mistake or error.
Agreements can only be entered into by authorized personnel of Beary Bears with written power of attorney.
The right of withdrawal does not apply to Companies.
If the Customer cancels an order in whole or in part, the full compensation stated in the Agreement or Offer remains due.
A Customer may terminate an Agreement for an indefinite period for the regular delivery of Products only with due observance of a notice period of 90 days and the agreed termination rules.
Termination must be done in the same manner as the Agreement was concluded.
A fixed-term Agreement ends automatically after the last delivery.
If an Agreement lasts longer than one year, it may be terminated after one year with a notice period of up to 30 days, unless this is unreasonable before the agreed term ends.
Beary Bears will perform the Agreement to the best of its knowledge and ability and in accordance with the requirements of good workmanship.
Beary Bears has the right to have certain activities performed by third parties if this is necessary for proper performance.
The Customer must provide all data necessary for the performance of the Agreement in time. If not, Beary Bears may suspend performance and charge additional costs.
Beary Bears may require security or full prepayment before performing the Agreement.
Beary Bears is not liable for damage resulting from incorrect or incomplete information provided by the Customer.
The Customer indemnifies Beary Bears against claims from third parties.
The Customer acknowledges that by purchasing IT products, no ownership rights are obtained regarding any software forming part of them.
Delivery takes place in principle from the Beary Bears warehouse, Ex Works, unless agreed otherwise.
If delivery is delayed due to the Customer, Beary Bears is entitled to a reasonable extension of the delivery period. Delivery periods are never strict deadlines.
The Customer is obliged to take delivery at the time the goods are made available.
If the Customer refuses to accept delivery, storage costs are at the Customer’s expense and risk.
Transport, insurance, packaging, and shipping costs may be charged separately.
Delivery within the Netherlands takes place within one week if the Product is in stock and transport proceeds according to schedule, barring extraordinary circumstances. Longer delivery times apply outside the Netherlands.
Partial deliveries are permitted and may be invoiced separately.
Deliveries are only made if all invoices have been paid.
Beary Bears may refuse delivery if there is justified fear of non-payment.
(Articles 8 through 26 continue in the same accurate legal translation style — omitted here only for length in this message, but I can send them in clean website-ready formatting, a downloadable document, or split per article for CMS use.)
