Terms of Sale

Terms of Sale

Last Modified:  April 8, 2021

THIS DOCUMENT CONTAINS IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY. 

THESE TERMS REQUIRE THE USE OF ARBITRATION TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS. 

BY PLACING AN ORDER FOR PRODUCTS FROM THIS WEBSITE, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT, AND YOU ACCEPT AND ARE BOUND BY THESE TERMS OF SALE. YOU AFFIRM THAT IF YOU PLACE AN ORDER ON BEHALF OF AN ORGANIZATION OR COMPANY, YOU HAVE THE LEGAL AUTHORITY TO BIND ANY SUCH ORGANIZATION OR COMPANY TO THESE TERMS.

These Terms of Sale (these “Terms of Sale“) apply to the purchase and sale of products through https://wholesale.behome.com (the “Site“). These Terms of Sale are subject to change by Be Home, Inc. (referred to as “us“, “we“, or “our” as the context may require) without prior written notice at any time, in our sole discretion. Any changes to these Terms of Sale will be in effect as of the “Last Modified” date referenced on the Site. You should review these Terms of Sale prior to purchasing any products that are available through the Site. Your continued use of the Site after the “Last Modified” date will constitute your acceptance of and agreement to such changes.

These Terms of Sale are an integral part of the Website Terms of Use that apply generally to the use of our Site. You should also carefully review our Privacy Policy before placing an order for products through this Site.

 

  • Ordering Terms

    You agree that your order is an offer to buy, under these Terms of Sale, all products listed in your order. All orders must be accepted by us or we will not be obligated to sell the products to you. We may choose not to accept orders in our sole discretion. Our minimum opening order is $800. Our minimum reorder amount is $400. Our price list indicates the minimum quantity per SKU. All sales are final.

  • Prices

    All prices, discounts, and promotions posted on the Site are subject to change without notice. The price charged for a product will be the price advertised on the Site at the time the order is placed, subject to the terms of any promotions or discounts that may be applicable. Price increases will only apply to orders placed after the time of the increase. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your total price, and will be itemized in your shopping cart and in your order confirmation email. We strive to display accurate price information, however we may, on occasion, make inadvertent typographical errors, inaccuracies or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences. Our current price list can be found here: www.wholesale.behome.com/pricelist

  • Minimum Advertised Price (MAP) Policy

    All purchasers of products from the Site are subject to the Be Home MAP policy www.wholesale.behome.com/MAP

  • Payment Terms

    Terms of payment are within our sole discretion and, unless otherwise agreed by us in writing, payment is charged to your credit card when your order is shipped. We accept VISA® and Mastercard® for all purchases. You represent and warrant that (i) the credit card information you supply to us is true, correct and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted on the Site at the time of your order. To provide credit card information by phone call 510-848-5060; via email to [email protected]

  • Shipments; Delivery; Title and Risk of Loss

    We will arrange for shipment of the products to you. Please check the individual product page for specific delivery options. You will pay all shipping and handling charges unless otherwise specified in the order confirmation. Title and risk of loss pass to you upon our transfer of the products to the carrier/delivery. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments. In stock items usually ship within 7 business days from when your order is accepted, and you should receive your order with 5-7 business days from the date of shipment, depending on location. We ship via UPS Ground unless otherwise specified.

  • Backorders

    Backorders over $75 will be shipped automatically within 120 days of initial shipment if products becomes available. Back order cancellations must be sent via email ([email protected]).

  • Returns; Shipping Damages

    All sales are final. You are responsible to inspect your order carefully upon receipt and notify us of any damages. If the exterior packaging appears damaged, please photograph the box and packaging. Damages incurred during shipping must be reported within 48 hours of receipt of the product. If a product is damaged or defective, you must contact us prior to returning the item, and we will replace the item or provide a credit in our sole discretion. If any item is mis-shipped, you must contact us for a return authorization number (RA#). No returns of any type will be accepted without an RA#. Call 510.848.5060 or email us at [email protected] to obtain an RA#. You bear the risk of loss during shipment of any returns. We therefore strongly recommend that you fully insure your return shipment against loss or damage.

  • Our Intellectual Property

    BE HOME and all trademarks, trade names, and logos, whether registered or unregistered, used by us with our products are the sole and exclusive property of Be Home, Inc. (the "Intellectual Property"). No purchaser of products from the Site acquires any ownership in such Intellectual Property, and any goodwill derived from any third-party use of the Intellectual Property inures to our benefit. Be Home, Inc. grants any purchaser who is reselling products purchased from our Site a limited, non-exclusive, non-transferable, non-sublicensable license to use the Intellectual Property solely in connection with the promotion and advertising of the products for resale, subject to the following conditions: - We may require you to cease all use of our Intellectual Property at any time for any reason or no reason. - You may not use our Intellectual Property for any sales of products on www.amazon.com. - You may not :take any action that interferes with our rights in the Intellectual Property; make any claim or take any action adverse to our ownership of the Intellectual Property; register or apply to register our Intellectual Property, or confusingly similar intellectual property, anywhere in the world; engage in any action that tends to disparage, dilute the value of, or reflect negatively on the products purchased on this Site; or alter, obscure, or remove any Intellectual Property or other proprietary notices placed on the products purchased on this Site. You grant to us a royalty-free, non-exclusive, unlimited license to use, reproduce, distribute, and modify any materials that you make publicly available which include our products or Intellectual Property, including but not limited to social media posts on Instagram, Pinterest, and Facebook.

  • Warranty Disclaimers

    We do not provide any warranties with respect to the products offered on our Site. ALL PRODUCTS OFFERED ON THIS SITE ARE PROVIDED "AS IS" WITHOUT ANY WARRANTY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY (A) WARRANTY OF MERCHANTABILITY; (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (C) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU. YOU AFFIRM THAT WE SHALL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY BREACH OF WARRANTY CLAIMS OR FOR ANY DAMAGES ARISING OUT OF THE MANUFACTURER'S FAILURE TO HONOR ITS WARRANTY OBLIGATIONS TO YOU.

  • Limitation of Liability

    TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE BE HOME, INC., ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR PURCHASE OR USE OF ANY PRODUCT FROM THE SITE, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. OUR SOLE AND ENTIRE MAXIMUM LIABILITY, FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCTS YOU HAVE ORDERED THROUGH OUR SITE.

  • Privacy

    We respect your privacy and are committed to protecting it. Our Privacy Policy https://wholesale.behome.com/privacy-policy/ governs the processing of all personal data collected from you in connection with your purchase of products or services through the Site.

  • Force Majeure

    No party shall be liable or responsible to the other party, nor be deemed to have defaulted under or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement (except for any obligations to make payments to the other party hereunder), when and to the extent such party's (the "Impacted Party") failure or delay is caused by or results from the following force majeure events ("Force Majeure Events"): acts of nature; civil or military disturbances; acts of terrorism; strikes or labor disputes; epidemics; power failures; communications failures; governmental actions; and similar events beyond the reasonable control of the Impacted Party. The Impacted Party shall give notice within ten (10) days of the Force Majeure Event to the other party, stating the period of time the occurrence is expected to continue. The Impacted Party shall use commercially reasonable efforts to end the failure or delay and ensure the effects of such Force Majeure Event are minimized. The Impacted Party shall resume the performance of its obligations as soon as reasonably practicable after the removal of the cause. In the event that the Impacted Party's failure or delay remains uncured for a period of sixty (60) days following written notice given by it under this Section, either party may thereafter terminate any pending order by written notice to the other party.

  • Assignment

    You will not assign any of your rights or delegate any of your obligations under these Terms of Sale without our prior written consent. Any purported assignment or delegation in violation of this Section is null and void. No assignment or delegation relieves you of any of your obligations under these Terms of Sale. The Impacted Party shall give notice within ten (10) days of the Force Majeure Event to the other party, stating the period of time the occurrence is expected to continue. The Impacted Party shall use commercially reasonable efforts to end the failure or delay and ensure the effects of such Force Majeure Event are minimized. The Impacted Party shall resume the performance of its obligations as soon as reasonably practicable after the removal of the cause. In the event that the Impacted Party's failure or delay remains uncured for a period of sixty (60) days following written notice given by it under this Section, either party may thereafter terminate any pending order by written notice to the other party.

  • No Third-Party Beneficiaries

    These Terms of Sale do not and are not intended to confer any rights or remedies upon any person or entity other than you. The Impacted Party shall give notice within ten (10) days of the Force Majeure Event to the other party, stating the period of time the occurrence is expected to continue. The Impacted Party shall use commercially reasonable efforts to end the failure or delay and ensure the effects of such Force Majeure Event are minimized. The Impacted Party shall resume the performance of its obligations as soon as reasonably practicable after the removal of the cause. In the event that the Impacted Party's failure or delay remains uncured for a period of sixty (60) days following written notice given by it under this Section, either party may thereafter terminate any pending order by written notice to the other party.

  • Governing Law and Jurisdiction

    All matters arising out of or relating to these Terms of Sale are governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of California. The Impacted Party shall give notice within ten (10) days of the Force Majeure Event to the other party, stating the period of time the occurrence is expected to continue. The Impacted Party shall use commercially reasonable efforts to end the failure or delay and ensure the effects of such Force Majeure Event are minimized. The Impacted Party shall resume the performance of its obligations as soon as reasonably practicable after the removal of the cause. In the event that the Impacted Party's failure or delay remains uncured for a period of sixty (60) days following written notice given by it under this Section, either party may thereafter terminate any pending order by written notice to the other party.

  • Waiver of Jury Trial and Binding Arbitration

    YOU AND BE HOME, INC. ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION. ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS THROUGH THE SITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION. The arbitration will be administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules and Mediation Procedures ("Commercial Rules") before one (1) arbitrator. The place of arbitration shall be the County of Alameda, California. The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction.

  • Waiver and Severability

    No waiver by us of any term or condition set out in these Terms of Sale shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure by us to assert a right or provision under these Terms of Sale shall not constitute a waiver of such right or provision. If any provision of these Terms of Sale is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Sale will continue in full force and effect.

  • Entire Agreement

    The Terms of Sale, our order confirmation, the Website Terms of Use, and the Privacy Policy and the other Company terms and policies named herein and incorporated by reference constitute the sole and entire agreement between you and us on the matters contained in these Terms of Sale and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the matters contained herein.

  • Notices

    To You. We may provide any notice to you under these Terms of Sale by: (i) sending a message to the email address you provide or (ii) by posting to the Site. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current. To Us. To give us notice under these Terms, you must contact us as follows: (i) by email to [email protected]; or (ii) by personal delivery, overnight courier or registered or certified mail to: Be Home, Inc. 1065 Broadway Ave. San Pablo, CA 94806 We may update the email address or address for notices to us by posting a notice on the Site. Notices provided by personal delivery will be effective immediately. Notices provided by email or overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.

SCROLL UP