TERMS AND CONDITIONS
Last updated April 2023
The www.beach-street.asia website and its authorized variations including any subdomains and mobile versions (the “Site”) are operated by Beach-Street International (“we” or “us”). Where relevant in connection with a Transaction, “we” or “us” may also refer to other legal entities within the Beach-Street International group, as set out in Section 9.1.
By accessing, browsing or using the Site in any way, you acknowledge and agree to be bound by the following terms and conditions (“Terms”). If you do not agree to these Terms, you must not access, browse or use the Site.
PLEASE READ THESE TERMS CAREFULLY AS THEY CONTAIN PROVISIONS THAT AFFECT YOUR LEGAL RIGHTS.
1.
CHANGES TO THESE TERMS OR THE SITE
1.1.
We reserve the right at any time, for any reason in our sole discretion and without prior notice to you, to change or modify these Terms, and it is your responsibility to return to this page to review any changes that have been made. Any changes or modifications will become effective once such revisions are posted on the Site. You should review these Terms frequently to understand the terms and conditions that apply to your use of the Site.
1.2.
We reserve the right at any time, for any reason in our sole discretion and without prior notice to you, to suspend or discontinue the Site (or any part thereof) temporarily or permanently.
1.3.
We will not be liable to you or any third party for any modification, suspension or discontinuance of the Site.
2.
SITE USAGE
2.1.
We hereby grant you a limited, revocable, non-transferable and non-exclusive license to access and use the Site by displaying it on your internet browser solely for the purpose of shopping for personal items sold on the Site and not for any commercial use or use on behalf of any third party, except as expressly permitted by us in advance. We reserve the right at any time, for any reason in our sole discretion and without prior notice to you, to terminate your license to use the Site or block or prevent your future access or use of the Site.
2.1
We may provide you with passwords and account identification to enable you to access and use certain parts of this Site. Whenever you use a password or identification, you will be deemed authorized to access and use the Site in a manner consistent with the terms and conditions of these Terms, and we have no obligation to investigate the authorization or source of such access. or use of the Site. You will be solely responsible for all access and use of this Site by anyone using the password and identification provided to you, regardless of whether or not such access and use of this Site is actually authorized by you, including, but not limited to, all communications, transmissions and liabilities (including financial liabilities) arising through such access or use. You are solely responsible for protecting the security and confidentiality of the password and identification provided to you. You must notify us immediately of any unauthorized use of your password or identification or any other breach or threatened breach of the security of this Site.
2.1.
You must be 18 years of age or older to access the Site or purchase our Products.
3.
OUR INTELLECTUAL PROPERTY
3.1.
All text, photographs, designs, graphics, logos, button icons, images, audio clips, video clips, software, code, meta tags, features, functionality and other materials on the Site, as well as their collection, arrangement and assembly (any and all of which constitute the “Content”), as well as Beach-Street’s marks, logos and designs (“Marks”), are owned by or licensed to us and: (a) is protected by copyright, trademark, national and international trade secret laws and intellectual property or other proprietary rights; and (b) except as expressly provided in these Terms, may not be used, modified, copied, displayed, transmitted, published, reproduced or distributed in any manner or form without our prior written permission.
3.2.
No right, title or interest in or to the Site or any Content or Marks, except for the non-exclusive and limited license expressly granted to you under Section 2.1, is transferred to you, and all rights not expressly granted are reserved to us. Any use of the Site not expressly authorized by these Terms is a violation of these Terms and may violate copyright, trademark, and other laws.
4.
USER CONTRIBUTION
4.1.
Users of the Site may at different times submit, post, upload, display, distribute, transmit, publish or otherwise provide to us (whether through our Site or other third party sites, software, applications or other means) (“Submit”) ratings, reviews, questions, comments, information, photos, ideas, know-how, techniques, advice, text, photographs, images, audio clips, video clips and other content or materials (excluding credit card information) (“User Contributions”).
4.2.
All User Contributions You Submit are and will be treated as non-confidential and non-proprietary. By Submitting any User Contribution, you grant us a royalty-free, worldwide, perpetual, irrevocable and transferable license (including a full release of any moral rights) to use, copy, reproduce, distribute, display, publish, perform, sell, rent, transmit, adapt, translate, modify, edit, reverse engineer, disassemble, decompile, delete in their entirety and create derivative works from (in any way and form) such User Contributions, for any reason (including marketing and promotion) and in any channel (including email, social media and the Site). This license shall survive the termination of these Terms and your use of the Site.
4.3.
You represent and warrant that you own or otherwise control all of the rights to any User Contributions you Submit and that our use of your User Contributions will not infringe or violate the rights of any third party. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of User Contributions.
4.4.
You are solely responsible for the content, accuracy and validity of any User Contributions that you Submit. You may not Submit any User Contributions that: (a) infringe or violate any copyright, patent, trademark, service mark, trade secret or other proprietary right of any person; (b) is threatening, defamatory, obscene, indecent, pornographic, offensive, or may give rise to civil or criminal liability under applicable law; (c) includes any bug, virus, worm, trapdoor, Trojan horse, or other malicious code or property; or (d) does not comply with any relevant consumer or advertising laws, including those relating to the disclosure of incentives in exchange for providing User Contributions.
4.5.
We do not guarantee the content, accuracy or validity of any User Contributions. If a User Contribution violates these Terms or other relevant terms, we may (but are not obligated to) remove or edit the User Contribution. In certain circumstances, we have no control over the deletion or editing of User Contributions, for example if User Contributions are submitted through third-party applications, websites, software, or other means.
4.6.
Under no circumstances will we be responsible or liable to you or any third party in any way for any User Contributions.
4.7.
We reserve the right to cooperate fully with any law enforcement authority or court order requesting or directing us to disclose the identity or other information of any person Submitting a User Contribution and you waive and release us from and against any claim in connection with such disclosure.
5.
PERSONAL POLICY
5.1.
Please review our Privacy Policy, which also governs your visit to this Site, for information on how we collect, use, disclose and process information about you.
5.2.
To the extent that any User Contribution contains personal information including but not limited to your name, location, and a photograph of yourself (“Personal Information”), you grant us the right to use the Personal Information in connection with the User Contribution. You have the right to contact us at any time to request that your Personal Information be deleted or removed. Please see our Privacy Policy for more details.
6.
LINK
6.1.
You may link to the Site, provided that you do so in a way that is fair and lawful and does not damage our reputation or take advantage of it, but you must not link in such a way as to suggest any form of association, approval or endorsement with us without our prior written consent. We may provide certain social media features or affiliate links that allow you to link from your own or third party websites or send emails or other communications with certain content, or links to certain content, on the Site. You may use these features only as, and for the purposes for which we provide them, and comply with the terms and conditions associated with the program.
6.2.
This Site may contain links to other sites owned and operated by third parties. You acknowledge that we are not responsible for the operation of or content located on or through such sites or liable for any loss or damage you incur from such sites.
7.
PRODUCT INFORMATION
7.1.
We feature various products from time to time on the Site including, but not limited to, individual products, packages, full-size, samples, seasonal, and gift-with-purchase products, which you may purchase through this Site or third-party sites (“Products”).
7.2.
All information we provide regarding the Products is intended to be used for information only. We do not give or intend to give medical advice. It is your sole responsibility to ensure the Products are sufficient and appropriate for your purposes and meet your individual needs, and to consult a licensed physician or qualified healthcare practitioner for advice, diagnosis or treatment of any health-related condition. Statements made regarding the Products have not been evaluated by the US Food and Drug Administration or any other government agency. The products are not intended to diagnose, treat, cure or prevent any condition or disease.
7.3.
All Products must be used and stored strictly in accordance with their instructions, precautions and guidelines. The product is intended for adult use only and should be kept out of reach of children. You should always check the ingredient list for potential allergens. If you experience any symptoms, stop using the Product immediately and consult a licensed physician or qualified healthcare practitioner.
7.4.
Every individual is different and therefore the results may vary from person to person and there are no guarantees. We are not responsible or liable for failure to achieve the expected results for any reason.
8.
PRODUCT FOR PERSONAL USE ONLY
8.1.
Any product you purchase or receive is for your personal use only. You may not use any Product or any part thereof for any commercial use or any use that would benefit a commercial party. You may not reproduce, distribute, display, sell, resell, rent, transmit, create derivative works from, translate, modify, reverse engineer, disassemble, decompile or otherwise exploit any Product or any part thereof.
9.
PRODUCT PURCHASE
9.1.
Any purchase of Products by you through the Site (“Transaction”) will constitute a contract between you and one of the following legal entities at Muff Oils International b.v., depending on your geographic location (as determined by your shipping address):
Please check the Shipping and Returns page on our Site for more information on whether we can currently ship it to you.
9.2.
When making a Transaction, the currency and applicable GST, VAT or other sales tax will be displayed on the checkout page on the Site. If international shipments are subject to customs or import duties, taxes or fees, you are responsible for making the necessary payments. These fees will not be paid or reimbursed by us. PLEASE CHECK YOUR LOCAL TAX, IMPORT AND DUTY REQUIREMENTS BEFORE MAKING A TRANSACTION.
9.3.
You must make payment in accordance with the checkout page on the Site and comply with the terms and conditions of any third party payment provider or processor. Depending on the payment method chosen, other entities within Beach-Street International may collect payment on behalf of the entity with whom you are Transacting.
9.4.
You promise that all details provided by you in connection with a Transaction, including for payment purposes, are correct and that you are fully entitled or authorized to enter into such Transaction using such payment method.
9.5.
You are responsible for reviewing the latest version of these Terms each time you make a Transaction.
10.
SHIPPING AND PRODUCT RETURNS
10.1.
The terms and conditions contained on the Shipping and Returns page of our Site are hereby incorporated into these Terms and apply to each Transaction. Please review this carefully before you make any Transaction.
11.
PROMOTION
11.1.
Additional terms and conditions may apply to certain offers, promotions and competitions. Please refer to the relevant email, webpage, social media page or other media or channel where the specific offer, promotion or competition is made.
12.
STOP
12.1.
In addition to any other legal or equitable remedies, we reserve the right at any time, for any reason in our sole discretion and without prior notice to you, to immediately refuse to process, cancel or terminate any order, Transaction or account, limit the number of Products purchased, suspend, terminate or deny you access to and use of the Site in whole or in part (including revocation of any password or account identification provided to you) or refuse service to you for any reason including, but not limited to, due to Product unavailability, incorrect pricing or other information, suspected fraud, unauthorized or illegal activity including unauthorized resale, or if your actions violate these Terms, applicable law, or are otherwise harmful or contrary to our interests.
12.2
Any rejection, suspension, cancellation or termination shall not affect the respective rights and obligations (including, but not limited to, payment obligations) of the parties arising prior to the date of termination.
13.
DISCLAIMER AND LIMITATION OF LIABILITY
PLEASE READ THIS SECTION CAREFULLY, AS IT CONTAINS DISCLOSURES LIMITING LIABILITY THAT AFFECT YOUR LEGAL RIGHTS.
13.1.
This clause prevails over all other clauses and sets out the entire liability of us, our directors, officers, agents, employees, subsidiaries and related parties (each a Beach-Street International entity”), and your sole and exclusive remedy, in relation to the Products, the Site and any Transaction. PRODUCTS, THIS SITE AND EACH TRANSACTION ARE PROVIDED BY MUFF OILS INTERNATIONAL B.V. ENTITIES ON AN “AS IS” and “AS AVAILABLE” BASIS. EACH BEACH-STREET INTERNATIONAL ENTITY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED IN THIS SITE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EACH MUFF OILS INTERNATIONAL B.V. ENTITY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, QUIET ENJOYMENT, DATA AND IN FORMATION ACCURACY AND SYSTEM INTEGRITY. THIS SITE MAY INCLUDE INACCURACIES, ERRORS, TYPOGRAPHICAL ERRORS OR OTHER CONTENT ERRORS. EACH SUPERNOVA ENTITY DOES NOT WARRANT THAT THE CONTENT ON THE SITE WILL BE ACCURATE, COMPLETE, CURRENT, UNINTERRUPTED, OR ERROR-FREE. You should only use the version of the Site dedicated to your country or geographic region and also confirm the accuracy and completeness of the information through sources other than the Site before making any decisions regarding the Products. Each Beach-Street International Entity disclaims any liability and responsibility arising from reliance on information posted on the Site by you or any other visitor, or by anyone who may be informed of its contents.
13.2.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EACH BEACH-STREET INTERNATIONAL ENTITY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THE PRODUCTS, THIS SITE OR ANY TRANSACTION. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY WHICH APPLIES TO ALL LOSSES OF ANY KIND, INCLUDING BUT NOT LIMITED TO INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES, LOSS OF DATA, INCOME OR PROFITS, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS FROM THIRD PARTIES.
13.3.
TO THE EXTENT ALLOWED BY APPLICABLE LAW, TOTAL LIABILITY TO YOU FROM ALL BEACH-STREET INTERNATIONAL ENTITIES FOR ANY DAMAGE (REGARDLESS OF THE BASIS OF ACTION) ARISING OUT OF OR IN CONNECTION WITH THE PRODUCTS, THIS WEBSITE, OR ANY TRANSACTION SHALL NOT EXCEED IN THE AGGREGATE THE ACTUAL AMOUNT PAID BY YOU TO BEACH-STREET INTERNATIONAL ENTITIES DURING THE MONTH IMMEDIATELY PRECEDING THE LEGISLATION ALLEGED TO GIVE RISE TO LIABILITY.
13.4.
Nothing in these Terms is intended to affect your rights under the laws of your usual place of residence and cannot be modified by these Terms. If there is any conflict between those rights and these Terms, your rights under applicable local law will prevail.
14.
REIMBURSEMENT
14.1.
You agree to defend, indemnify and hold harmless each Beach-Street International Entity from all claims, demands, losses, liabilities, costs, expenses, obligations and damages including reasonable legal fees arising out of or in connection with: (a) your use of the Site or Products; (b) your breach of any of these Terms; (c) your violation of any laws or third party rights (including, but not limited to, any copyright, property or privacy rights); or (d) Any User Contributions you make.
14.2
This indemnification obligation will survive termination of these Terms and your use of the Site.
15
IMPROVEMENT
15.1.
You agree that remedies brought by any Beach-Street International entity for actual or threatened violations of these Terms will be inadequate and that any Beach-Street International. The Entity shall be entitled to specific performance or indemnification, or both, in addition to any damages it may be entitled to recover, together with reasonable expenses for any form of dispute resolution, including, but not limited to, attorneys’ fees.
15.2.
No right or remedy of Beach-Street International Entities shall be exclusive of any other right or remedy, whether at law or in equity, including but not limited to injunctive relief, injunctive relief, attorneys’ fees and costs.
16.
DISPUTES
PLEASE READ THIS SECTION CAREFULLY, AS IT CONTAINS A BINDING ARBITRATION CLAUSE THAT AFFECTS YOUR LEGAL RIGHTS.
16.1.
Most disputes can be resolved informally and efficiently by contacting our Customer Service team at admin@beach-streetcosmetics.com
16.2.
You and each relevant Beach-Street International Entity agree that any dispute, claim or controversy arising out of or relating to the Products, the Site, any Transaction or these Terms, including any question regarding their existence, validity or termination (“Dispute”), will be referred to and finally determined by confidential arbitration in the Netherlands.
16.3.
If you choose to seek arbitration, you must first send us a notice of claim in writing (“Notice of Claim”). Notices of Claim must be sent by certified mail to: General Counsel, Beach-Street International, Veluwezoom 5, 1327 AA Almere with a copy emailed to admin@beach-streetcosmetics.com, and must be clearly titled “NOTICE OF CLAIM”. The Claim Notice must include the mailing and email address you want us to use to contact you. If we choose to pursue arbitration, we will send a Notice of Claim to your billing address on record, with a copy to any email address you may have provided to us. Notice of Claim must: (a) explain the nature and basis of the claim or dispute; and (b) determine the specific amount of compensation or other relief requested.
16.4.
If you and each relevant Beach-Street International Entity do not reach an agreement to resolve the Dispute within thirty (30) days after the Notice of Claim is received, you or the relevant Beach-Street International entity may commence an arbitration proceeding. The arbitration shall be governed by the rules of the Netherlands International Arbitration Center then in force and administered by the Netherlands International Arbitration Center. The decision of the arbitrator is final and binding and may be entered into judgment in any court of competent jurisdiction.
16.5.
Notwithstanding any statute or law to the contrary (but to the extent permitted by applicable law), you and each Beach-Street International entity agree that any Dispute must be filed within twelve (12) months after the onset of the cause of action. Otherwise, the action will be permanently banned.
16.6.
Sections 16.1 through 16.5 do not apply to the extent that you infringe or threaten to infringe our intellectual property rights in any way, and Muff Oils International b.v. Entity may seek injunctive or other appropriate relief in any court of competent jurisdiction it deems appropriate.
16.7.
This Section 16 shall survive the termination of these Terms or any Transaction.
17
CLASS ACTIONS AND JURY TRIAL EXCEPTIONS
PLEASE READ THIS SECTION CAREFULLY, AS IT CONTAINS CLASS ACTION AND JURY TRIAL EXCEPTIONS THAT AFFECT YOUR LEGAL RIGHTS.
17.1
YOU AND WE AGREE THAT ANY PROCEEDINGS TO SETTLE OR LITIGATE ANY DISPUTE, WHETHER BY COURT OR ARBITRATION, SHALL ONLY BE CONDUCTED ON AN INDIVIDUAL BASIS. YOU AGREE THAT YOU WILL NOT SEEK ANY DISPUTE, OR ATTEMPT TO JOIN ANY DISPUTE, CLASS ACTION, REPRESENTATIVE ACTION, COLLECTIVE ACTION, OR PRIVATE ATTORNEY GENERAL ACTION. Further, if you have elected arbitration, unless you and each of the relevant Beach-Street International entities agree otherwise, the arbitrator may not consolidate the claims of more than one person with your claims and may not preside over a representative or class proceeding of any kind.
17.2
YOU AND EACH BEACH-STREET INTERNATIONAL ENTITY HEREBY WAIVE THE CONSTITUTIONAL OR UNDERSTANDING RIGHTS TO GO TO COURT AND PROCEED A TRIAL IN FRONT OF A JUDGE, and instead elect that all claims and disputes will be resolved through arbitration. If any litigation arises between you and any Beach-Street International entity in any court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND THE RELEVANT BEACH-STREET INTERNATIONAL ENTITY WAIVE ALL RIGHTS TO JURY TRIAL, electing instead to have the dispute resolved by a judge.
18.
GENERAL
18.1.
No Waiver. Our failure to enforce any provision of these Terms or a Transaction shall not constitute a waiver of such provision or right. Any waiver of our rights must be in writing, signed by us, and such waiver will not be considered a waiver of any future infringement rights.
18.2.
Detachment. If any provision of these Terms is held to be invalid, void or for any reason unenforceable, such provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.
18.3.
No Assignment. You may not assign any rights in connection with these Terms or a Transaction, in whole or in part, without our prior written consent. Any assignment recognized without such permission will be void.
18.4.
The entire agreement. These Terms document the entire agreement between you and Beach-Street International b.v.. Entity with respect to its subject matter and supersedes all prior or contemporaneous or ancillary communications, negotiations or agreements.
18.5.
Language. The official language of the Terms is English. Translations of these Terms may be provided for country-specific versions of the Site, but in the event of a conflict between the English and non-English versions, the English version of these Terms will prevail. To the extent permitted by applicable law, in the event of a Dispute, the parties will ensure all relevant documents are drawn up in English. All transactions, correspondence and contacts between us must be conducted or made in English.
18.6.
Government regulations. These Terms and each Transaction (including all non-contractual obligations arising out of or relating to them) shall be governed by and construed in accordance with Dutch law. Subject to Section 16.6, you and any Beach-Street International entity hereby submit to the exclusive jurisdiction of the courts of the Netherlands.
If you have any questions or comments regarding this Site or these Terms, the easiest way to contact us is at info@beach-streetcosmetics.com
