Terms & Conditions
The below lists the Terms & Conditions of Bebe Distribution as of 19th February 2021. Any variation of these terms must be agreed in writing and signed by Lauren Rigby of Bebe Distribution LTD.
Please email email@example.com if you have any questions.
1.1 Any instructions received by Bebe Distribution LTD from the Buyer for the supply of Goods shall constitute acceptance of these terms.
1.2 These terms are the entire agreement between the parties in relation to the supply of Goods by Bebe Distribution LTD.
- Price and Payment
2.1 The price of an item paid must match the price stated on the day of order.
2.2 Bebe Distribution LTD may require full payment before accepting any order for Goods. The amount owed will be stipulated at the time of the order of the Goods and shall become immediately due and payable.
2.3 Time for payment for the Goods shall be of the essence and will be stated on the invoice, quotation or any other order forms. If no time is stated then payment shall be prior to delivery of the Goods.
2.4 Bebe Distribution LTD may withhold delivery of the Goods until the Buyer has paid for them in full.
2.5 Goods and services tax together with all other applicable taxes and duties must be paid by the Buyer in addition to the Price.
- Delivery of Goods
3.1 The Buyer is responsible for providing the Delivery of Goods address. The Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery.
3.2 Delivery of the Goods to a carrier is deemed to be a delivery of the Goods to the Buyer.
3.3 The costs of carriage and any insurance which the Buyer reasonably directs Bebe Distribution LTD to incur shall be reimbursed by the Buyer and shall be due on the date for payment of the Price.
3.4 For a claim regarding missing stock, damaged items or item boxes, the claims must be raised within 7 days of delivery to receive a full credit.
3.5 If there has been damage to the stock on arrival, we will provide either a credit note or send a new item if available or preferred.
3.6 If there is damage to an item’s box, but the item is not damaged, we will provide a replacement box.
3.7. If an item is missing from a delivery, depending on Buyer’s preference, Bebe Distribution LTD will provide either a credit note or let you know when the missing stock can be dispatched.
3.8 If parties have agreed upon a time of delivery or if the Seller has specified a time of delivery, this time of delivery in not viewed as a deadline, unless parties have agreed otherwise specifically and in writing.
3.9 The Distributor exceeding a time of delivery does not justify the dissolution of the contract by the Buyer and therefore does not lead to the consequence that the Distributor is liable for the compensation of loss that the Buyer may possibly have incurred as a consequence of the actually later time of delivery.
- Risk and Title
4.1 Risk in the Goods passes to the Buyer on delivery. If, prior to title passing, Bebe Distribution LTD gives notice in writing to the Buyer to return the Goods or any of them the Buyer must comply with such notice at its own cost and the rights of the Buyer to obtain ownership or any other interest in the Goods shall cease. If the Buyer fails to return the Goods when notified Bebe Distribution LTD (or its nominee) may enter upon and into land and premises owned, occupied or used by the Buyer or where the Goods are situated as the invitee of the Buyer and take possession of the Goods, without liability for any damage thereby caused.
4.2 If any of the Goods are damaged or destroyed prior to property in them passing to the Buyer, Bebe Distribution LTD is entitled, without prejudice to any of its other rights or remedies under these terms and conditions (including the right to receive payment of the balance of the Price for the Goods), to receive all insurance proceeds payable in respect of the Goods. This applies whether or not the Price has become payable under these terms. The production of these terms by Bebe Distribution LTD is sufficient evidence of Bebe Distribution LTD’s rights to receive the insurance proceeds without the need for any person dealing with Bebe Distribution LTD to make further enquiries.
5.1 The Buyer shall inspect the Goods on delivery and shall within 7 days of delivery notify Bebe Distribution LTD of any alleged defect, shortage in quantity, damage or failure to comply with the description or quote. The Buyer shall afford Bebe Distribution LTD an opportunity to inspect any alleged defect, damage or failure - including images and a batch number. If the Buyer fails to comply with these provisions, the Goods shall be conclusively presumed to be in accordance with the terms.
5.2 For defective Goods which Bebe Distribution LTD has agreed in writing that the Buyer is entitled to reject, Bebe Distribution LTD’s liability is limited to either (in Bebe Distribution LTD’s discretion) replacing the Goods, repairing the Goods or providing a credit note. The Goods are returned at the Buyer’s cost in the condition in which they were delivered and with all packaging material, brochures and instruction material in as new condition as is reasonable possible in the circumstances.
5.3 When requesting sale of return, terms must be agreed before purchasing of products, in which a set amount and date of return is provided by Bebe Distribution LTD.
5.4 If a fault or damage has been raised after 7 days of delivery by the Buyer’s customer, Bebe Distribution is not liable. We will assist based on issue raised.
5.5 In the case of a manufacturing fault, we will provide a replacement piece or item. If a replacement is not available, a credit note will be raised.
5.56 If the product is missing a piece, we will provide a replacement if available. If a replacement piece is not available, a credit note will be raised. If you have provided the customer with a replacement from your own stock before the claim was risen or action was instructed by us, we will not provide a credit note.
- Credit Notes/Refunds
6.1 When a credit note is raised due to a delivery or manufacturing issue, the supplier will have the amount subtracted from their preceding requested order.
6.2 The Distribution and Brand will, at its own expense, ensure the availability of sufficient spare parts to enable the Buyer to handle complaints adequately.
7.1 For Goods not manufactured by Bebe Distribution LTD the warranty shall be limited to the warranty provided by the manufacturer of the Goods (if any). Bebe Distribution LTD shall be under no liability whatsoever except for the express conditions as detailed and stipulated in the manufacturer’s warranty (if any).
- Consequences of Default
8.1 Interest on overdue invoices shall accrue from the date when payment becomes due daily until the date of payment at a rate of 2.5% compounding per calendar month and shall accrue at such a rate after as well as before any judgement.
8.2 If the Buyer defaults in payment of any invoice when due, the Buyer shall indemnify Bebe Distribution LTD from and against all of Bebe Distribution LTD’s costs and disbursements including on a solicitor and own client basis and in addition all of Bebe Distribution LTD’s nominee’s costs of collection.
8.3 Without prejudice to any other remedies Bebe Distribution LTD may have, if at any time the Buyer is in breach of any obligation (including those relating to payment), Bebe Distribution LTD may suspend or terminate the supply of Goods to the Buyer and any of its other obligations under these terms. Bebe Distribution LTD will not be liable to the Buyer for any loss or damage the Buyer suffers because Bebe Distribution LTD exercised its rights under this clause.
8.4 If any account remains unpaid at the end of the second month after supply of the Goods or services Bebe Distribution LTD may in its discretion add the greater of £20.00 or 10.00% of the amount overdue to the Buyer’s account.
8.5 In the event that: any money payable to Bebe Distribution LTD becomes overdue, or in Bebe Distribution LTD’s opinion the Buyer will be unable to meet its payments as they fall due, or; the Buyer becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors, or; a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Buyer or any asset of the Buyer, then without prejudice to Bebe Distribution LTD’s other remedies at law Bebe Distribution LTD shall be entitled, by notice to the Buyer, to cancel all or any part of any order of the Buyer which remains unperformed in addition to and without prejudice to any other remedies; and all amounts owing to Bebe Distribution LTD shall, whether or not due for payment, immediately become due and payable.
- Intellectual Property
9.1 Where Bebe Distribution LTD has designed or drawn Goods for the Buyer, then the copyright and all intellectual property rights in those designs and drawings shall be owned by Bebe Distribution LTD on creation.
9.2 Nothing from this Agreement may be interpreted as transfer of intellectual property. The intellectual property regarding delivered Products, logos, brands, trade names used, etc., rests with the Supplier and will remain with the Supplier.
9.3 The Buyer is not permitted to market Products under a different name, brand or label (than those of the Brand) or to have Products imitated.
10.1 Bebe Distribution LTD may cancel these terms and conditions or cancel delivery of Goods at any time before the Goods are delivered by giving written notice. On giving such notice Bebe Distribution LTD shall promptly repay to the Buyer any sums paid in respect of those Goods. Bebe Distribution LTD shall not be liable for any loss or damage whatsoever arising from such cancellation.
11.1 If any provision of these terms is found to be invalid, void or illegal or unenforceable the validity existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.
11.2 Bebe Distribution LTD shall be under no liability whatsoever to the Buyer for any indirect loss and/or expense (including loss of profit) suffered by the Buyer arising out of a breach by Bebe Distribution LTD of these terms.
11.3 In the event of any breach of this contract by Bebe Distribution LTD the remedies of the Buyer shall be limited to damages.
11.4 Under no circumstances shall the liability of Bebe Distribution LTD exceed the Price of the Goods.
11.5 Neither party shall be liable for any default due to any act of God, terrorism, war, strike, lock out, industrial action, flood, storm or other event beyond the reasonable control of either party.
11.6 The Buyer shall not set off against the Price amounts due from Bebe Distribution LTD.
11.7 Bebe Distribution LTD reserves the right to amend these terms at any time. Any change will take effect from the date on which Bebe Distribution LTD notifies the Buyer or such later date as Bebe Distribution LTD my stipulate in its discretion.
- Exclusivity and area
13.1 Without the Distributor’s prior written consent, the Distributor is not permitted to appoint sub-retailers or other agents for the sale of Product.
13.2 Buyers are not permitted to market their stock on ANY their party sites such as Amazon Market Place, eBay and social media channels - except for its own web shop and the Instagram/Facebook account of the Distributor.
- Obligations of the retailer
14.1 Without the Supplier’s prior written consent, the Distributor is not permitted to use the Brands for purposes other than performance of the Agreement.
14.2 The retailer is not permitted:
- To pose as representative or agent of the Supplier or to otherwise act in such a way that third parties could infer that it is authorised to take on obligations on behalf of the Supplier.
- To damage the brand’s reputation
14.3 In the context of performance of this Agreement, the Distributor ensures that the luxury image of the Brands and Products is always guaranteed
14.4 The Buyer is not permitted to make changes in or to the Products, to the packaging thereof and/or goods delivered along with them, including but not limited to changes in the lot number/production number of the Products and addition of its own name or another name other than for the fulfilment of relevant statutory obligations.