TERMS AND CONDITIONS OF SALE – BESH SPORTSWEAR
1. BINDING AGREEMENT AND MODIFICATIONS
These Terms and Conditions represent the final, complete, and exclusive agreement between Besh Sportswear ("Company") and the Buyer. No prior representations, individual agreements, or purchase order terms from the Buyer shall modify these provisions unless signed in writing by an authorized officer of the Company. The Company reserves the right to amend these terms without prior notice; however, the terms in effect at the time of order placement shall govern that specific transaction.
2. ORDER ACCEPTANCE AND CANCELLATION
All orders are subject to written price verification. Shipment of goods does not constitute acceptance of a price if a clerical error has occurred. Once an order is confirmed, the Company begins processing immediately; therefore, no changes or cancellations can be made by the Buyer after confirmation. The Company reserves the right to cancel any order due to stock unavailability, pricing errors, or suspicion of fraudulent activity.
3. PRICING, TAXES, AND CUSTOMS
Validity: Quoted prices are valid for 10 days unless designated as firm in a written quote.
Taxes: Prices quoted do not include VAT, sales tax, or use tax.
International Shipments (Including EU): For deliveries outside the Company’s primary jurisdiction, the Buyer is the "Importer of Record" and is solely responsible for all import duties, taxes (VAT), and customs clearance fees. Failure to pay these fees resulting in the return of the package will entitle the Company to deduct shipping and handling costs from any potential refund.
4. DELIVERY AND TRANSFER OF RISK
Standard Terms (Non-EU): All deliveries are F.O.B. shipping point. Title and risk of loss pass to the Buyer upon delivery to the carrier. The Company’s responsibility ends once the carrier accepts the goods.
EU Consumer Protection: For consumers residing in the European Union, the risk of loss or damage passes to the Buyer only when the Buyer, or a third party designated by the Buyer (other than the carrier), has acquired physical possession of the goods.
Carrier Selection: Unless otherwise specified, the Company will use its judgment in selecting carriers. The Company is not liable for delays or excessive charges resulting from carrier selection.
5. RIGHT OF WITHDRAWAL (EU CONSUMERS ONLY)
In accordance with EU Directive 2011/83/EU, consumers residing in the European Union have the right to withdraw from this contract within 14 calendar days from the day of receipt of the goods without providing a reason.
Notification: The Buyer must notify the Company via an unequivocal written statement (email) within this 14-day window.
Returns: The Buyer is responsible for the direct cost of return shipping. Goods must be returned in original, unused condition with all tags attached.
6. RETURN AND EXCHANGE POLICY (GLOBAL)
For all non-EU orders or returns outside the 14-day statutory window:
Eligibility: Returns are accepted within 30 days for manufacturer defects or incorrect sizing.
Shipping Costs: The Buyer is responsible for all freight charges associated with returns and exchanges.
Condition: Any item showing signs of wear, washing, or damage by the Buyer will be rejected and returned at the Buyer’s expense.
7. SUBSTITUTIONS AND PRODUCT REPRESENTATION
The Company reserves the right, without prior notification, to substitute an alternative product of like kind, quality, and function. If the Buyer requires an exact match with no substitutions, this must be explicitly stated in the order notes. While we strive for photographic accuracy, slight color variations due to monitor settings do not constitute a "quality problem."
8. LIMITED WARRANTY AND CLAIMS
Warranty: The Company warrants that goods are free from defects in material and workmanship at the time of delivery.
Reporting Period: Any claim for shortage or visible damage must be made within 5 days of receipt, accompanied by the original transportation bill signed by the carrier.
EU Consumers: This does not limit your statutory 2-year legal guarantee for non-conformity of goods; however, the Buyer is expected to report defects within a reasonable timeframe of discovery.
9. LIMITATION OF LIABILITY
Besh Sportswear shall not be liable for incidental, consequential, or special damages, including but not limited to loss of profits or personal injury resulting from the use or application of its products. In all cases, the Company’s maximum liability is limited to the purchase price of the specific goods giving rise to the claim.
10. FORCE MAJEURE
The Company shall not be liable for any failure to perform its obligations due to causes beyond its reasonable control, including but not limited to acts of God, strikes, pandemic-related disruptions, transportation delays, or inability to obtain raw materials.
11. GOVERNING LAW AND JURISDICTION
This agreement shall be governed by and construed in accordance with the laws of the State of Florida, USA.
For EU Buyers: This choice of law does not deprive the consumer of the protection afforded by mandatory provisions of the law of their country of residence.
Severability: If any provision of these terms is found to be invalid or unenforceable by a court of competent jurisdiction, such finding shall not affect the validity of the remaining provisions.
12. DATA PRIVACY AND MARKETING
By placing an order or registering an account, the Buyer consents to the processing of personal data for order fulfillment and marketing purposes. EU residents' data is handled in accordance with GDPR principles. Buyers may opt-out of promotional emails at any time via the "unsubscribe" link.