TERMS AND CONDITIONS OF SALE
Terms and Conditions are subject to change at any time, without prior notice. These Conditions can be saved electronically or printed by all users of our Website. These Conditions will apply to all transactions carried out by placing an order to Behspoke, it is implied that you accept our terms and conditions as listed below:
Therefore, before placing an order and/or purchasing products and/or services the Purchaser must verify the applicable terms and conditions.
Updated version 18/01/2021
1. PRICES
Prices are subject to change. Packaging is always included in our price; however, if the Purchaser requires specific packaging, it will be charged accordingly.
Prices always refer to a single unit and VAT is not included in the price. Legal tax and fees must be subsequently added to the price.
Price excludes shipping and assembly service.
Specifically, on Upholstery items, the price includes the standard fabric according to the grade specified; In case a different fabric is required, or COM/COL option, price will be provided according to your requirements and Purchaser must contact Behspoke for pricing.
2. SALES ORDERS
Unless otherwise specified, no products will be shipped until the Purchaser makes the full payment. Order confirmations shall state: the sales order number, the products ordered, including model numbers, if applicable; quantity; approximate shipment date; billing address; product prices and payment terms. Behspoke will issue an invoice before starting the production of the product/s.
Purchaser must provide Behspoke with a valid email address, company name (if applicable) and address, taxpayer number (if applicable) and other relevant information under these Terms and Conditions.
Behspoke reserves the right to consider a proforma invoice valid for 4 weeks from the day of its initial submission. For proforma invoices with delivery service quotes, they are considered valid for 2 weeks only.
Behspoke reserves the right to set an expiration date and price of an official quotation for a custom item.
3. PAYMENT TERMS
Payment terms are set out on the Order Confirmation.
Proforma Invoices will require 50% to start production and 50% prior to shipment.
Payment must be made by wire transfer (in Euros € or in Dollars $) and a confirmation (receipt) of the transfer must be sent to Behspoke. Payment also confirms data described on proforma Invoice; Please check and approve all data on the proforma before making any deposit. Behspoke is not responsible for the impossibility of any changes to this document.
BANK DETAILS:
The Purchaser should confirm Behspoke bank details before making any payments and provide proof of their bank transfer to Behspoke.
4. PRODUCT & STORAGE FEES
Behspoke reserves the right to apply a warehouse fee except for mutual agreement between both parties.
Upon completion, an additional storage fee will be charged to any stored merchandise if shipping arrangements have not been made within 2 weeks from the date the goods are ready to be shipped.
5. LEAD TIMES
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All quoted completion and delivery dates are estimates only
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Production time is between 8 and 12 weeks, depending on the product. Delivery time is not included.
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For pieces with custom specifications or orders of large quantities Behspoke reserves the right to agree with the Purchaser on a different lead time.
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Lead time for orders with COM products only start once the fabric arrives at our office and is properly identified.
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All fabrics must be identified with the proper document – provided by Behspoke.
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Behspoke is not responsible for delays in production or any fabric misuse if the fabric is sent without identification by the Purchaser.
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Behspoke is not responsible for delay in production time if there is failure in submitting the confirmation (receipt) of the transfer.
6. PRODUCTS
For custom requirements, every case will be assessed individually by our design team. If a custom drawing is required, a fee can be applied to the service.
7. SAMPLES
Behspoke has samples available for all its standard finishes, for hard case and fabrics. If the Purchaser wish to acquire any of the finishes, they should contact Behspoke in order to purchase them. When a fee for the sample is applied, it is deducted in the next order with Behspoke.
8. DELIVERY DATE
Any date of delivery is only an estimate of the date of delivery, not a guarantee of a specific delivery date. Custom products require a case-by-case review with a minimum of 90 days, which can be increased depending on the specifications of the parts.
9. CANCELLATIONS
Purchaser's Sales Order shall not be subject to cancellation, changes or reductions in amount, or suspension of deliveries once the order and down payment have been confirmed.
10. FINISHING DETAILS AMENDMENTS
Alterations, amendments, or any corrections made subsequently to the order confirmation need to be confirmed in writing by Behspoke.
11. ERRORS OR OMISSIONS
Errors or omissions in any Behspoke quotation, acceptance, packing list or other document shall be subject to correction at Behspoke’s discretion.
12. FINISHING CHOICES
All materials are chosen by the Purchaser prior to order confirmation. Behspoke engages as the producer of a choice made by the Purchaser. References, sizes, details, and all specifications should be confirmed by the Purchaser prior to order confirmation.
13. VARIATIONS
All Behspoke descriptive matter, weights, dimensions, and illustrations contained on our website, catalogues or advertisements are close approximations only and intended to give a general description of the goods. While every effort is made to match a finish, no guarantee can be made of an exact match. Variations in colour and veining are inherent in stone and wood, and considered to be part of the natural beauty.
14. THE PURCHASER'S DUTIES AND RESPONSIBILITIES
By accepting delivery of any Behspoke products, the Purchaser agrees to use that product only for its intended use as furniture including furniture for resale. The Purchaser assumes, without limitation, all risk of injury, damage, or otherwise arising out of any use other than the intended use of a Behspoke’s products.
15. INSPECTION AND ACCEPTANCE OF PRODUCT
If no white glove services from Behspoke; the Purchaser shall notify Behspoke at the reception of Behspoke’s products regarding any defect or deficiency therein, including questions regarding the Order Confirmation, mis shipments or lost or damaged shipment. Please note that before signing the goods delivery document, the Purchaser must confirm that the package does not have noticeable damage.
If the packages or products have noticeable damage, please contact Behspoke and the carrier at the reception of the products and provide pictures and details of the damages in written form.
If white glove services from Behspoke; the Purchaser shall not open and unpack any delivered products. It is the white gloves services’ responsibility to open any packages and notify Behspoke if there is any defect or deficiency therein, including questions regarding mis shipments or lost or damaged shipment.
Please note that before signing the goods delivery document, the Purchaser must confirm that the package does not have noticeable damage.
If the packages have noticeable damage, please contact Behspoke and the carrier at the reception of the products and provide pictures and details of the damages in written form.
All defective products that are returned to our manufacturers’ factory must be packed in original boxes with original packing material.
All damaged and packaging shall remain in place until claim with Behspoke is settled. Signed delivery note must be presented upon the claim’s submission.
Behspoke reserves the right to refuse any delivery pickup from any location other than the original delivery address.
Failure to provide such notice to Behspoke shall be deemed acceptance of such Behspoke products as complete and satisfactory to Purchaser.
Signature of receipt by the Purchaser constitutes full acceptance of all packages stated on the purchase order.
If Purchaser refuses any product, the Purchaser must notify Behspoke of such refusal in writing at the reception of such product and will return the product to the original condition and packaging, otherwise Purchaser shall be deemed to have accepted the product.
In the event of a problem with a shipment the Purchaser should immediately notify Behspoke of any such problems so that the parties can have a timely opportunity to address any concerns and amicably reach a solution.
Behspoke shall not be liable for any delay in shipment for any cause, nor shall any delay entitle the Purchaser to cancel any order after its shipment.
16. FREIGHT AND RISK OF LOSS
Purchaser will be responsible for all shipping costs including costs of insurance for shipping of the products. Fees will be charged separately from the product(s).
White glove services are not included in the price.
Behspoke reserves the right to charge an extra 20% on the transportation’s price if the Purchaser postpones the expedition within 3 days or less prior to the agreed departure date.
Ownership of the product transfers to the costumer (owner) at the time the goods are picked up at our manufacturer’s factory, by the carrier.
If a different service or urgent delivery is required, the Purchaser must clearly request it when placing the order and will be charged accordingly.
POD must be signed with reservations. In case of apparent damage, the Purchaser must open the goods in front of the carrier and mention the damages on POD.
We are not responsible for damages caused by handling, loading, or unloading by people acting on behalf of the Purchaser. Behspoke is not responsible for loss or damage in transit. Should visible or concealed damage occur in transit, immediately notify the delivering carrier and Behspoke with initial notification of intent to file a claim; the refusal of damaged merchandise in no way relieves the purchaser of responsibility for payment of goods.
Any damage should be communicated to Behspoke within the first 48 hours after receiving the order. If claims are not made within 48 hours, the insurance claim will be null and void. To this end, be sure and inspect your pieces promptly, as no exceptions are made.
Photos of the packaging may be as important as the item itself in resolving a possible freight claim.
17. CLAIMS, RETURNS AND EXCHANGE POLICY
All product claims should be reported directly to Behspoke via email to contact@behspoke.com supported by proper documentation (photos of the damaged packaging, photos of the damaged product(s), and detailed description of the incurred damage). This will ensure a more timely resolution.
Purchaser shall not be entitled to return products without Behspoke’s written approval. Behspoke makes sure to take all possible measures to ensure the orders arrives in the best condition possible. In case of damages in the Purchaser's location, it is the Purchaser's responsibility to keep the package, provide all necessary claim materials and prepare the product to be picked up.
All defective products must be returned in the original packing material and the Purchaser must not attempt to modify, handle, or repair them.
Behspoke will only allow the return by Purchaser and the replacement of manufacturing defective products. In case of manufacturing defect, replacements will be provided free of charge. It is mandatory to receive the damaged part/piece before replacing it by the new one. Behspoke does not issue cash refunds. Shipping charges are not refundable. Behspoke is not responsible for the damages caused by the freight company. Behspoke does not accept or honour charge-back, debits, returns, offsets, deductions, or claims without our express written consent.
Shall any delay entitle the Purchaser to cancel any order after it has been shipped or refuse delivery.
18. INTELLECTUAL PROPERTY
The name of Behspoke, logo or the other trademarks may not be used in any way, without prior written permission from Behspoke. Behspoke prohibits use of Behspoke logo as part of a link to or from any site unless such link is approved in advance by Behspoke in writing.
19. LIABILITY
In no event will Behspoke’s liability for any breach of this Agreement be more than the amount of the Sales Order which is the subject of the alleged breach. Behspoke shall not be liable for any lost profits or savings, loss of reputation or goodwill, indirect or incidental or consequential damages arising out or in connection with the sale of the goods.
20. WARRANTY
Behspoke products are under 2 years parts and labour warranty against manufacturer defects from the date of shipment mentioned on the invoice. Replacement or exchange of products should be approved by the manufacturer and is at the discretion of the manufacturer. In the event a product is approved for replacement, then the warranty is continued from the original product and will not be an extended warranty.
21. FORCE MAJEURE
All Order confirmations are subject to strikes, labour problems, lockouts, contingencies of transportation, failure of usual source of supply of fuel, shortage of materials, accidents, product delay or any other problems beyond Behspoke’s control such as natural disasters. Behspoke shall not be responsible for such events and will make every reasonable effort to ship the products once the delay is rectified.
TERMS ARE SUBJECT TO CHANGE AT ANY TIME WITHOUT PRIOR NOTICE
CONTACT US
If you have questions or comments about this Terms and Conditions, please contact us at:
Behspoke Limited
OPAL Tower,
Burj Khalifa Street,
PO Box 128846,
Business Bay,
Dubai,UAE