The Company reserves the right to update these Terms and Conditions at any time without notice.
NOTICE TO RESIDENTS OF THE EUROPEAN UNION AND THE UNITED KINGDOM:
Users who are under the age of thirteen (13) may not use the Website.
The Company conducts no sales into the United Kingdom or the European Union. You may not place any orders or submit any personal identifying information to the Company. No submissions of any information, including purchase or shipping information, from persons located in the United Kingdom or the European Union are accepted by the Company.
All information that you submit through the Website in any form shall become the property of the Company except where otherwise stated. Users who provide us with their email address will be added to our mailing list if the user so elects, and may opt out through the link provided in our emails. We only use email addresses to send promotional information at this time. User email addresses are stored by us on our 3rd party mailing service provider/own servers and are not shared with any other third party. Users can remove themselves from this email address by emailing us at contact@BeamTLC.com or by clicking the Unsubscribe button on any of our emails.
Account Data; Call Data; Phone Numbers
The Company does not view or store information other than what you submit to the Company either directly (for example, by emailing us) or by accessing the Website.
We do not store any of this information in a format where it can be meaningfully interpreted, traced to a given user.
We store your email address only for purposes of sending you our newsletter. At this time we do not use email addresses for advertisement or any other marketing purposes; no third parties receive your email address except insofar as WordPress and/or your browser may constitute a third party.
Disclaimer of Warranties
THESE TERMS AND CONDITIONS CONTAIN AN EXPRESS WARRANTY DISCLAIMER. USING ANY OF OUR PRODUCTS OR SERVICES SHALL BE SOLELY AT THE RISK OF THE END USER. TO THE MAXIMUM EXTENT PERMISSIBLE UNDER ANY APPLICABLE LAW, ANY APPLICABLE WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY AND WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, ARE EXPRESSLY DISCLAIMED. YOU EXPRESSLY INDEMNIFY AND HOLD HARMLESS THE COMPANY FOR ANY DAMAGES ARISING FROM ITS USE, DOWNLOADING, INSTALLATION, UNINSTALLATION, OR ANY OTHER USE, INCLUDING TO THE MAXIMUM EXTENT PERMISSIBLE UNDER ANY APPLICABLE LOCAL LAW, ACTUAL DAMAGES, MULTIPLICATIVE DAMAGES, AND SPECIAL OR CONSEQUENTIAL DAMAGES. THERE ARE NO LIQUIDATED DAMAGES UNDER THESE TERMS AND CONDITIONS. NO ADVICE GIVEN TO YOU BY THE COMPANY MAY BE CONSTRUED AS TAX ADVICE OR LEGAL ADVICE. SUCH ADVICE IS GENERALIZED (NOT SPECIFIC TO YOUR NEEDS OR CIRCUMSTANCES). YOU MAY NOT RELY TO YOUR DETRIMENT ON ANY REPRESENTATIONS MADE BY THE COMPANY AT ANY TIME, THROUGH THE WEBSITE OR OTHERWISE.The transmission of any information to the Company that is unlawful to transmit, either as to its content, the method by which it is transmitted, or the age of the recipient or any other reason, shall constitute a material breach of these Terms and Conditions and may subject you to, among other penalties, immediate discontinuation of service without notice.
Other Terms and Conditions
END USER PRODUCT USE
You agree that the Company sells products some of which are intended for use for consumption by humans. You agree that you have reviewed the ingredients, for allergy content and otherwise, on all of the Company’s products prior to purchase, and you have assumed the risk of consuming each of the Company’s products.
SHIPPING AND HANDLING POLICY
The Company ships to the United States and Canada via its designated shipment fulfiller, which the Company selects at its sole discretion at the time of checkout per the tracking information on your order. The Company uses Shopify to process payments. Errors or failures by Shopify to properly charge your card or otherwise handle or remit payment are solely the responsibility of Shopify. Shopify performs charges through Authorize.net, which may display on your credit card transaction statements.
Shipping and handling rates, charges, and delivery times will be calculated at each checkout. The Company undertakes best efforts to promptly fulfill all shipments. Any delays or failures to ship, damage to shipped goods, damage by delivery vehicles or personnel, or other failures, damages, or losses occurring after a product has left the Company’s fulfillment center are solely the responsibility of the Company’s designated shipper.
Our website is not intended for use by children. In accordance with federal law, we do not solicit or knowingly collect information from children under age 13 without the verifiable permission of a parent or guardian. If the Company learns that a child under the age of 13 has submitted information online without parental consent, it will not use such information for any purpose (except where necessary to protect the safety of the child or others as required or allowed by law) and will take all reasonable measures to delete such information from its databases by identifying such information for a purge process. If you become aware of any information we have collected from children under 13, please contact us as provided below.
RIGHT TO REMOVAL OF POSTED INFORMATION – CALIFORNIA MINORS
If you are under 18 years of age, reside in California, and submitted your email address to the Company for purposes of our newsletter or for any other reason, you have the right to request removal of unwanted information. To request removal of such information, you can contact the Company as provided above. Upon receiving such a request, the Company will make sure that the information is not publicly available on our website or anywhere else, but the information may not be completely or comprehensively removed from our systems and databases.
YOUR CALIFORNIA PRIVACY RIGHTS
GOVERNING LAW AND DISPUTE RESOLUTION
Any disputes arising between you and the Company shall be resolved first through our ordinary customer support channels. All disputes escalating beyond normal customer service matters shall be resolved by a properly credentialed arbitrator of reasonable industry-relevant competence accredited by the American Arbitration Association. Venue for such disputes shall reside exclusively with the American Arbitration Association’s properly credentialed arbitrator at the nearest geographical location to Boston, Massachusetts.