Bemakers Trade
Get lost in hundreds of high quality brands from around the world. Bemakers Trade is a wholesale shop for Restaurants, Shops, Hotels, you name it.
Bemakers Trade requires an account. Reach out if you’re a wholesale buyer.
Get lost in hundreds of high quality brands from around the world. Bemakers Trade is a wholesale shop for Restaurants, Shops, Hotels, you name it.
Updated date: 31-05-2024
For the Use of Bemakers Distribution Services and Platform
These General Terms (hereinafter referred as “Terms”) constitutes a legal binding document between Bemakers ApS (hereinafter referred as “Bemakers”) and the Brand Owner regarding the use of Bemakers Distribution Platform and services.
Hereinafter (if needed) referred individually as “Party” and collectively as “Parties”.
1. Bemakers Introduction
1.1 Bemakers is a distributor of alcoholic and non-alcoholic beverages including organic products and all other related products such as merchandise, drinking glasses, etc (hereinafter referred as “Products”). For avoidance of doubt Bemakers cannot distribute other products subject to excise duties, such as tobacco or energy Products, through the Platform or any other means.
1.2 Bemakers owns and manages a Platform “app.bemakers.com” (hereinafter referred as “Platform”).
The Platform facilitates the distribution of Products to customers, including, but not limited to:
a) Professionals such as restaurants, bars, and retail chains (B2B).
b) National and international distributors across EU and outside EU.
c) Private individual customers (D2C)
These customers are hereinafter collectively referred to as the “Customers”.
1.3 Bemakers facilitates the sale of the Products in the countries where it is legally registered and maintains the necessary licenses to operate, ensuring compliance with the import regulations. It automates administrative tasks including EMCS, taxation, customs, recycling, and shipping processes.
1.4 When a customer places an order or a Brand Owner manually creates an order on Platform, the ownership of the Products is transferred to the Bemakers and then Bemakers takes care of all administrative processes related to the order, from invoicing the customer, preparing all customs-related documents, organizing, and paying excise duties, recycling fees and VAT in the destination country.
1.5 Additional services:
a) Storage and Order Fulfilment
Bemakers provides storage solutions with pick and pack services for both B2B and D2C orders. Brand Owner interested in using this service is also required to accept the Warehouse Terms.
b) Bemakers Trade Platform
Bemakers also offers a feature through which Brand Owner can list their Products on Bemakers Trade, a B2B distribution platform tailored for both On-trade and Off-trade B2B customers to log in and purchase the available Products. Should a Brand Owner decide to use this service, in addition to these Terms the Brand Owner is also required to accept the Trade Terms.
c) Complementary Services
In addition to the core services, Bemakers also offers a range of complementary services, including label advisory, label printing, and social media management. These services are available upon request by the Brand Owner and will be included in the monthly service invoice.
d) Distribution Order Management
Bemakers assists Brand Owners in managing distributor orders within the EU and on an international scale. For such order Brand Owner is responsible for ensuring compliance with local regulations, customs, and excise duties. Bemakers shall not be liable for any non-compliance issues or penalties enforced by regulatory bodies for such orders.
2. Platform
2.1 By accessing the Platform, the Brand Owner agrees to be bound by these Terms and all applicable laws and regulations in the respective countries in which the Brand Owner decides to sell its Products.
2.2 The Platform and its functionalities are provided to the Brand Owner and Customers “as is”. Thus, Bemakers shall not be liable for errors on the Platform, underlying software, or any information provided by the Brand Owner or the Customers. See Annex 2 Service Level Agreement (hereinafter referred as “SLA”) which outlines the support available to the Brand Owner regarding the Platform.
3. Price and Payments
3.1 Information regarding the pricing structure is detailed in Bemakers Pricing.
3.2 The Brand Owner acknowledges and accepts that access to the Platform is based on the following:
a) A one-time non-refundable setup fee- this fee is charged in the month where these Terms are accepted.
b) Monthly subscription fees- this fee is charged as per the plan chosen from the month after accepting the Terms.
c) Per order commission fee.
d) Any fees related to accepted additional services as mentioned in Clause 1.5
3.3 Brand Owner will receive monthly on the 10th business day the following:
a) Financial statement showing the final balance after deducting the costs of services from sales for that month.
b) Service invoice detailing the costs associated with the order in that month including excise duty, shipping, commission etc.
3.4 There might be instances when a B2B Customer does not pay within the given payment terms. In such cases, Bemakers will initiate payment reminders every five (5) days until the invoice is paid. The Brand Owner acknowledges their responsibility to ensure that the Customer pays. Bemakers will only pay the outstanding amounts to the Brand Owner once the Customer has paid that to Bemakers.
3.5 Furthermore, the Brand Owner acknowledges that choosing any additional services, as mentioned in clause 1.5, incurs separate costs associated with each service selected.
4. Responsibility of Bemakers
4.1 Bemakers confirms that:
a) It is authorised to import, store, sell, and handle Products into the country of residence of the Customers as listed on the Website.
b) It will comply with any rules and regulations under such authorisation when purchasing Products from the Brand Owner and distributing them to the Customer in accordance with these Terms.
c) It is not obligated to monitor, or respond to suspicious purchases, nor to perform background checks or verify the qualifications of either the Brand Owner or the Customers.
d) All necessary excise duties, VAT, customs, recycling fees, and other additional fees are paid to the respective authorities in the countries where Bemakers operates and is registered.
e) Provides the Brand Owner with monthly financial statement and service invoice showing the services and outlining the costs incurred during that month.
f) Unless it is a distributor order, it only sells in countries where it is legally authorized and has the required license to sell Products to Customers as required by the local responsible authorities.
g) It adheres to age restrictions in accordance with applicable laws and regulations, employing mechanisms such as an age confirmation checkbox for manual order creation by the Brand Owner or age consent pop-ups on the E-Commerce shops.
5. Responsibility of the Brand Owner
5.1 By using Bemakers Distribution services and Platform, the Brand Owner:
a) Is responsible for managing and ensuring the accuracy of the Product information/description (including but not limited to price, alcohol content, ingredients, CN codes, GTINs etc.) provided to Customers or described on the Platform.
b) Commits to communicating to Customers that the Brand Owner is cooperating with Bemakers when selling the Products nationally and/or internationally.
c) Guarantees the quality of the Products and assumes responsibility for any deficiencies or defaults in respect to the agreement made with the Customer.
d) Confirms that to have a valid certificate for producing and manufacturing organic products (if applicable) and confirms:
- to upload the most recent valid certificate on the Platform.
- ensure to upload the certificate on Traces; and
- confirm to have it renewed timely otherwise they risk the Products that cannot be sold under an "organic" label.
Brand Owner will be notified thirty (30) days prior to the expiry of the certificate to get it renewed.
e) To comply with local rules and regulations regarding the payment of taxes/duties in the country from where the Products are dispatched, when applicable. This is particularly relevant in jurisdictions requiring the pre-dispatch payment of excise duties, as well as in the destinations where the products will be consumed. Should there be a need, Bemakers will provide support to the Brand Owner in seeking refunds for such payments from the relevant authorities.
f) Ensures that if any Customer or any public authority in the country of manufacture or in the country of residence of Customer raises any claims w.r.t the Product against Bemakers then it shall be the responsibility of the Brand Owner to pay such claims, fines, additional taxes, claims for damages and any and all relevant costs to Bemakers for handling such claims.
g) Maintains full legal responsibility and liability for the transportation of the Products to the Bemakers Warehouse and ensures proper packing of the Products, whether boxed, or on pallets, for long-distance and potentially fragile transportation, in a manner that prevents breakage or damage due to excessive temperatures that can occur during shipping destined for Bemakers’ warehouse.
6. Modification of the Terms
6.1 Bemakers reserves the right to modify, suspend, or discontinue any part of its distribution services or the Platform at any time, or change its business model including these General Terms, at any time.
6.2 The Brand Owner understands that Bemakers reserves the right to change the price model immediately if it is due to a regulatory change. However, if the price change is due commercial decision Bemakers will provide at least thirty (30) days’ prior notice to the Brand Owner. In such case, Brand Owner can either accept the modifications or terminate the Terms. If the Brand Owner decides to terminate the Terms, then Brand Owner is required to give current plus three months’ notice.
7. Product Liability
7.1 If the Customer does not accept the delivery due to quality issues the Brand Owner agrees to take back the Products for the quality check. Even though Bemakers owns the Products, Brand Owner must always ensure that their Products meet the necessary standards and customer expectations. In this case if the Product is returned then the Brand Owner understands its responsibility to bear the cost such as for paid duties, shipping charges and other fees.
7.2 If a Customer raises any claim against Bemakers for issues including but not limited any default in the quality or specification of the Products (such as manufacturing defects, design flaws, or non-compliance with specifications), the Brand Owner will be held responsible for such claims including any fines, additional taxes, damages, and relevant costs. However, if the claims are a result of Bemakers' actions such as damage during transportation, late or faulty delivery (, or as negligence, or failure) to comply with these Terms (such as issues in distribution, marketing practices, or customer service), Bemakers shall be solely responsible for addressing such claims, including all associated costs and liabilities.
8. Customers’ Right of Withdrawal
8.1 Under EU law, private customers have fourteen (14) day right of withdrawal upon delivery of Products. The Brand Owner acknowledges and confirms that different rules, regulations and correspondingly varied right of withdrawal periods may apply in different countries, potentially providing private customers with even broader rights of cancellation.
8.2 If a Customer has already paid the invoice for such Products to Bemakers, and Bemakers has already paid the corresponding invoice to the Brand Owner, then both the Brand Owner and Bemakers will issue refunds for payments received to Bemakers and to the Customer respectively, in cases of cancellations covered by clause 8.1.
8.3 In instances where the excise duties for importing the Products to the Customer's country of residence have already been paid at the time of a cancellation, and it is not possible to secure a refund of such excise duties, the cost of these duties shall be paid by the Brand Owner.
8.4 If a Customer exercises their right of withdrawal, Bemakers will not charge any Commission from the Brand Owner for that transaction.
9. Limitation of Liability
9.1 This clause sets out the Parties’ entire liability (including any liability for the acts and omissions of its employees, agents, and subcontractors) to each other in respect of:
a) Any breach of its contractual obligations or conditions under these Terms; and
b) Any representation, statement, or omission (including negligence) arising under or in connection with these Terms.
9.2 Due to the nature of the distribution services provided by Bemakers partly by use of the Platform, Bemakers’ liability extends only to cases of gross negligence or wilful misconduct by Bemakers or its employees, agents and sub-contractors.
9.3 Neither Party excludes liability to the other for fraud or fraudulent misrepresentation.
9.4 The limitations and exclusions in this “Limitation of Liability” clause apply to the maximum extent permitted by applicable law.
10. Termination
10.1 These Terms may be terminated by either Party by giving current month plus three (3) months written notice to the other Party, effective from the day the notice is given.
10.2 In case of material breach of contract, the non-breaching party is allowed to cancel these Terms immediately without notice and claim damages under the general rules of Danish law. For the avoidance of doubt, any failure of a Brand Owner and Bemakers to comply with the tasks and responsibilities under these Terms shall be regarded as a material default by the Brand Owner.
10.3 Either Party may terminate the Terms if any Party is placed in liquidation, petitioned for bankruptcy, or is declared bankrupt or similar, or if the Brand Owner’s/Bemakers business operations are otherwise suspended or terminated.
11. Indemnity
11.1 Brand Owner agree to indemnify Bemakers against any loss, damage or direct cost incurred by Bemakers arising out of Brand Owner’s use of the Platform, any breach of these Terms, or violation of any other laws, regulations, and rules if there is intent or gross negligence and that is duly accredited. This includes indemnification against any claims, caused by information or material which Brand Owner has submitted to Bemakers in violation of any law or third-party rights, including, but not limited to, claims in respect of defamation, invasion of privacy, breach of confidence and infringement of any intellectual property rights.
11.2 If Bemakers inadvertently cause loss or damage to the Brand Owner due to a breach of these Terms or through any act of negligence on its part, Bemakers agrees to indemnify the Brand Owner against such losses, provided they are duly proven. This indemnification covers direct costs, damages, and losses related to Bemakers' actions or failures that impact the Brand Owner. Bemakers also agrees to cooperate fully with the Brand Owner in the defence of any claims that arise from their mutual engagement under these Terms.
12. General Clauses
12.1 Intellectual Property Rights
a) The Brand Owner and other users of the Platform will not acquire any license rights, ownership or any other interest in the Platform or earn any kind of specific goodwill through its use.
b) By agreeing to these Terms, the Brand Owner grants Bemakers permission to use its trademarks, logos, business names, and Product images when performing the distribution services, on the Platform, in marketing materials, presentations, use on social media platforms, during promotional events, external communication, invoices, the Bemakers website, and related documentation. This permission is inherent to the acceptance of these Terms and will remain in effect until the termination of the Terms between the Brand Owner and Bemakers.
c) It's important to note that this permission does not imply any transfer of ownership of these intellectual property rights to Bemakers. Neither Party shall acquire, by virtue of these Terms, any ownership of the copyrights, patents, trade secrets, trademarks or any other intellectual and industrial property rights belonging to the other Party.
12.2 Data Protection
a) Bemakers is obligated to protect the privacy and the security of personal data handled while providing its distribution services, including use of the Platform. Reference is made to Bemakers’ Privacy Policy, which by incorporation in these Terms applies to the cooperation between the Brand Owner and Bemakers, and Bemakers and the Customers. In the Privacy Policy 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.
b) By accepting these Terms, the Brand Owner consent to the collection and processing of necessary personal data for the use of the Platform.
12.3 Force majeure
a) Neither Party shall be liable or responsible to the other Party or be deemed to have breached of these Terms due to any delay in performing, or any failure to perform, any of its obligations under these Terms if the delay or failure is due to any cause beyond the Parties reasonable control. Such causes shall include, but not be limited to, government actions, war, fire, explosion, flood, import or export regulations or embargoes, labour disputes or inability to obtain or a delay in obtaining supplies of Products or epidemic, pandemic, or similar influenza that may cause global outbreak and other similar events beyond the reasonable control of the impacted Party.
12.4 Duty of confidentiality
a) Both Parties are obliged to maintain confidentiality regarding all unpublished information received during the execution of these Terms. This information can only be used for the exclusive purpose of contract fulfilment. The Parties shall commit other legal persons with an equivalent confidentiality obligation if these legal persons are deployed for contract fulfilment.
12.5 Jurisdiction and Applicable Law
a) Any disputes or claims arising from these Terms or in connection with the distribution services provided by Bemakers to a Brand Owner including those facilitated via the Platform, if not settled through arbitration shall be settled in accordance with Danish law and the City Court of Copenhagen, Denmark, will serve as the legal venue.
b) Any dispute, controversy, or claim arising out of or relating to these Terms the Parties can mutually agree to resolve the dispute through arbitration instead of going to court.
12.6 Miscellaneous
a) These Terms including the Privacy Policy constitute the entire Terms between the Brand Owner and Bemakers and will supersede any prior Terms s, terms, or conditions applicable to the use of the distribution services, including the Platform.
b) If any provision of these Terms is found to be unenforceable, the remaining provisions of the Terms will continue in full force and effect. An unenforceable provision will be substituted by an enforceable provision reflecting as closely as possible the original intent of the parties.
c) Neither Party may transfer or assign their respective rights and obligations under these Terms to a third party without the prior approval of the other party.
d) In case of any confusion or conflict, these Terms will supersede and govern all other Terms between the Brand Owner and Bemakers.
Annex 1
Definitions
The following words and expressions set out below shall have the following meanings:
1.1 “Bemakers ApS” is a Danish limited liability company incorporated under the laws of Denmark with registration number 42425303. More details about the company are available on the website “www.bemakers.com”.
1.2 “Brand Owner” means the developer, producer, importer, manufacturer, right holders, supplier and/or distributor of Products that are listed on the Platform and who has agreed to become Bemakers customer by accepting these Terms .
1.3 “B2B” means business to business and is trade between companies. A company is thus defined as a B2B company if it sells its products or services to other companies.
1.4 “D2C” means direct to customer and is trade that takes place when a company sells goods to a customer.
1.5 “Countries” means the countries where Bemakers is registered.
1.6 “Customers” means the customers who are either professional such as restaurants, bars, retail chains/shops etc., and/or national/international distributors and/or private individual customers to whom the Products are sold.
1.7 Ecommerce shop/storefront – The customer facing web shop of the Brand Owner hosted, configured, and enabled via the Bemakers Platform.
1.8 “EMCS” means Excise Movement and control System for recording and monitoring the movement of excise goods (alcohol, tobacco, and energy products) in the territory of the European Union.
1.9 “GDPR” means Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data.
1.10 “EU” means European Union
1.11 “Non-EU” means the countries that are not a member of the European Union.
1.12 “Platform” means the app.Bemakers.com owned, developed, and managed by Bemakers ApS.
1.13 “Products” means alcoholic and non-alcoholic beverages (such as spirits, wines, beers etc.), including organic products, and any other related products (merchandise such as t-shirts, drinking glasses, caps etc).
1.14 “Service Level Terms /SLA” means the agreement defining the scope under which Bemakers provides support for the Platform to the Brand Owner “Website” means the Bemakers website “www.Bemakers.com”.
Annex 2
Service Level Agreement
SLA defines the scope under which Bemakers provides support for the Platform to the Brand Owner. This SLA covers which support is available and how support is delivered by Bemakers.
1. General Provisions
Bemakers shall provide maintenance and support to the Brand Owner, comprising:
2. Bemakers Support
Bemakers provides 1st level user support and incident handling via our customer support & success team as the Brand Owner’ single point of contact.
2.1 User Support
User support is available to Brand Owner using the Platform. To request user support the Brand Owner must be an active Bemakers Customer. User Support does not cover actual production of content, new templates, import & export of data and reporting in the Platform.
All Incidents and user support requiring further actions from Bemakers, or the Brand Owner must have a support request submitted. User support handled by a single phone call, requires no Support Request.
- User Support is available weekdays from 9.00 am to 16.30 pm CET
- User Support is not available during weekends or official Danish Holidays†.
There are 2 ways to contact user support:
1. Support Request via: Help Center at https://support.bemakers.com
2. Hotline via: +45 26 33 56 56
† Official Danish Holidays are found here.
2.2 How Bemakers Handle Support Tickets and Incidents
Bemakers’ support team promptly triages and investigates each ticket to identify and address the reported issues. In handling a support ticket, Bemakers may suggest a workaround to resolve an incident or provide guidance on utilizing existing features effectively. However, it is important to note that the ultimate resolution depends on many factors.
2.3 Support and Resolution of Incidents caused by the Brand Owner’s
Bemakers Support does not take responsibility for the content including prices and product information added to the Bemakers Platform by the Customer.
2.4 Incidents arising from the Customer's input values or other assets implemented by the customer, that are displayed on templates or by code, are not the responsibility of Bemakers. Furthermore, Bemakers shall not be held explicitly responsible for resolving incidents or addressing unexpected behavior resulting from the Customer's configuration of Bemakers Platform information, such as web shop misconfigurations.
3. Platform Availability and Service Windows
3.1 Bemakers takes commercially reasonable efforts to keep the Platform up 99.99% of the time however Bemakers does not guarantee any specific level of uptime or availability.
3.2 Bemakers monitors the software 24/7. If the software shuts down or does not respond, Bemakers initiates corrective actions to ensure that the software returns to normal operation as soon as possible.
3.3 Bemakers may apply resolutions to Platform issues that are deemed critical and urgent, immediately and with very short notice and perform this work without receiving a reply to such notice. Bemakers will follow up such incidents with information about background, consequences and action taken.
3.4 Bemakers may use a planned service window with possible platform downtime of up to 30 minutes for maintenance or planned updates. Due notice is written no less than five (5) business days from the service window. Planned Service windows are not included in calculation of uptime.
4. Data Backups
Bemakers keep real-time and full daily backups. Backups include all historical production data accumulated from the first day of the Brand Owner instance to the day of backup. The backup retention plan is as follows.
- Interval: 1 day, copies kept: 7, retention: 7 days
- Interval: 1 week, copies kept: 4, retention: 4 weeks
The production data is stored with redundancy and Bemakers data backup is intended to restore, as a full roll back, production data, that has been lost or corrupted in the Brand Owner’s system.
5. Security
- All data communication in Bemakers is encrypted.
- All access to Customer data requires authentication.
- Sensitive data in the Bemakers platform is encrypted on disk.
6. Product Updates and Releases
Bemakers strives to continuously enhance the Platform to meet evolving needs and contribute to Brand Owner success. Bemakers releases regular product updates to improve the Platform and provide a better experience for our Brand Owner. These updates are tested for stability and compatibility and released without downtime. Brand Owner can be kept informed about the major updates, their benefits, and any new requirements via the Bemakers Update page.
While large Platform updates will always have an entry on the Bemakers Updates page, minor updates may be released without any mention.
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