Terms & Conditions
These are the legal terms and conditions under which We supply the products (“Products”) listed on our website www.beeyootee.com (“our site”) to you. Please read these terms and conditions carefully before ordering any Products from our site.
1. INFORMATION ABOUT US
1. www.beeyootee.com is operated by NOTHING SPECIAL (“We”). We are a company registered in the Netherlands under company number 53102894 and with our office at Hoornbrekersstraat 12, 3011 CL, Rotterdam, Netherlands. Our VAT number is NL133230417B02. Our email address is email@example.com.
2. SERVICE AVAILABILITY
1. Some restrictions are placed on the extent to which We accept orders from specific countries.
3. YOUR STATUS
1. You may only purchase Products from us if:
a) you are legally capable of entering into a binding contract with us;
b) you are an authorised user of the credit or debit card used to pay for your order; and,
c) are resident in a country that We deliver to (please see our “Deliveries” page for further information).
4. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
1. Once you have placed your order, you should receive an e-mail from us acknowledging that We have received your order (but please contact us if you do not receive this e-mail). Please note this does not mean that your order has been accepted. All orders are subject to availability and acceptance by us (which We may refuse for any reason).
2. After you submit your order, We immediately contact your bank or card issuer for authorisation to take payment from your account. We will not process your order until payment has been received in full. If We accept your order We will confirm this to you by sending you a further e-mail confirming the Product is being processed ready for dispatch at which point the contract between us ("Contract") will be formed.
3. As soon as you place your order, We start to process your order which means you will not be able to change it before delivery, but you may be able to return your Products under clause 8 of these terms and conditions or under our Returns Policy.
4. From time to time We may make minor changes to a Product to reflect changes in relevant laws and regulatory requirements.
5. These terms and conditions, and any Contract between us, are only in the English language. Please note that We may not necessarily keep a copy of your Contract. You should keep a copy of these terms and conditions and your order for future reference.
1. Your order will be fulfilled by the delivery date set out in the Dispatch Confirmation or, if no delivery date is specified, then as soon as reasonably possible (depending on the delivery service you have selected). In any event, delivery will take place no more than 30 days after the day your Contract is entered into.
2. If no one is available at your address to take delivery and the Products cannot be posted through your letterbox or left in a safe place, after three failed attempts, We may end the Contract and clause 13 will apply.
3. Delivery of your order will be complete when We deliver the Products to the address you gave us and the Products will be your responsibility from that time.
4. You will own the Products once We have received payment in full.
5. The images of the Products on our site and in our other advertising materials are for illustrative purposes only. Your Products may vary slightly from those images. Although We have made every effort to display and print the colours of the Products accurately, We cannot guarantee that your computer's display of the pictures, or the pictures in our other advertising materials, accurately reflect the colours of the Products that will be delivered to you.
6. INTERNATIONAL DELIVERY
1. If you order Products from us for delivery to a destination outsideEuropes:
a) your order may be subject to import duties and taxes which are applied when it reaches the delivery destination. Please note that We have no control over these charges and We cannot predict their amount. You will be responsible for payment of any such import duties and taxes. Please contact your local customs office for further information before placing your order. We will not be liable or responsible if you do not pay any such import duties or taxes;
b) you must comply with all applicable laws and regulations of the country for which the Products are destined. We will not be liable or responsible if you break any such law; and
c) if you return any Products to us from a destination outside the Netherlands, please ensure that the return parcel is marked clearly with the wording “Return to supplier” or wording having similar effect.
7. PRICE AND PAYMENT
1. The price payable for the Products shall be as shown on our site in Euros, although please see clauses 7.5 and 7.6 for what happens if We discover an error in the price of any Product you order. Prices advertised on our site include VAT at the relevant rate chargeable for the time being, but exclude delivery charges which are payable in addition and shown separately during the checkout process.
2. We can change the prices on our site at any time without notice, but changes will not affect orders which We have already accepted. However, if the rate of VAT changes after the date of your order, We will adjust the rate of VAT you pay unless you have already paid for the Products in full before the change in VAT takes effect.
3. We accept payment by debit card, credit card or Paypal. We accept the following cards: Visa, VISA Electron, Mastercard, Maestro, American Express.
4. You must pay for the Products (including all applicable delivery charges), and We will charge the card you have chosen to use to pay for your order once you reach the final billing page and submit your order. We immediately contact your bank or card issuer for authorisation to take payment from your account.
5. If We accept and process your order where there is a pricing error that is obvious and unmistakable and which could reasonably have been recognised by you as a mispricing, We may end the Contract, refund to you any sums you have paid under the Contract and require the return of any Products provided to you.
6. If you wish to apply a voucher code to your order, you must enter the relevant code during the online checkout process. Only one voucher code can be used per order and additional terms and conditions may apply in respect of each voucher code. We reserve the right to decline to accept any voucher code that is invalid for your order or that has expired.
8. YOUR RIGHT TO CANCEL THE CONTRACT (EEA CUSTOMERS ONLY)
1. If you are a consumer in the European Economic Area (“EEA”), you have a legal right to cancel a Contract if you change your mind until 14 days after you receive (or someone you nominate receives) the Products, unless the Products are split into several deliveries over different days in which case you will have until 14 days after the day you receive (or someone you nominate receives) the last delivery.
2. If you wish to cancel a Contract under clause 8.1, you just need to communicate this to us within the timescale set out in clause 8.1. The easiest way to do this is to contact us by email at firstname.lastname@example.org. You may use a copy of the cancellation form available, but you are not required to do so.
3. The right to cancel a Contract under clause 8.1 does not apply to pierced jewellery, underwear or swimwear if the hygiene seal is not in place or has been broken.
4. If you cancel a Contract under clause 8.1 after the Products have been dispatched to you, you must return them to us. You must send off the Products within 14 days of telling us that you wish to cancel the Contract. We will pay the costs of your returns if you use our free returns service in accordance with the Returns Policy, but if you do not use this service in accordance with our instructions then you will be responsible for the cost of returning Products to us. Please see our Returns Policy for further information about how to return Products to us.
1. For further information on returns please see our Returns Policy.
10. YOUR RIGHT FOR A REFUND (EEA CUSTOMERS ONLY)
1. If you are a consumer in the EEA and you cancel your Contract under clause 8.1, We will:
a) refund you the price you paid for the Products. However, please note that We may reduce your refund to reflect any reduction in the value of the Products, if this has been caused by your handling them in a way which would not be permitted in a shop. If We refund you the price paid before We are able to inspect the Products and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount; and
b) refund any charges you have paid for delivery of the Products to you, although the maximum refund for delivery costs will be the least expensive delivery method We offer to your delivery destination; and
c) make any refunds due to you by the method you used for payment:
1. 14 days after the day on which We receive the Products back from you or, if earlier, the day on which you provide us with evidence that you have sent the Products back to us; or
2. 14 days after you inform us of your decision to cancel the Contract
2. Please see our Returns Policy for more information about returns and refunds.
11. FAULTY PRODUCTS
1. If you are a consumer, We are under a legal duty to supply Products that are in conformity with the Contract. Nothing in these terms and conditions will affect your legal rights in relation to Products that are faulty or defective.
2. If you consider that any Product We have supplied is faulty or mis-described, please notify us using the contact details set out in clause 8.2.You must return such Products to us in accordance with our reasonable instructions and the Returns Policy, and if the Products are faulty or mis-described We will refund the price of the Products and the cost of delivery to you.
12. OUR RIGHTS TO CANCEL THE CONTRACT
1. We may end the Contract at any time by writing to you if:
a) you do not make any payment to us when it is due;
b) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Products; or
c) you do not, within a reasonable time, allow us to deliver the Products to you.
2. We may also end the Contract in the circumstances set out in clause 7.5 or clause 7.6.
3. If We end the Contract in any of the situations set out in clause 13.1, We will refund any money you have paid in advance for the Products We have not provided but We may deduct or charge you reasonable compensation for the costs We will incur as a result of your breaking the Contract.
13. OUR LIABILITY
1. If We fail to comply with these terms and conditions, We are responsible for loss or damage you suffer that is a foreseeable result of our breach or our failing to use reasonable care and skill, but We are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the Contract was made, both We and you knew it might happen.
2. We only supply the Products for domestic and private use. If you use the Products for any commercial, business or resale purpose, We will have no liability to you for any loss of profit, loss of business, loss of anticipated savings, business interruption or loss of business opportunity.
3. We do not in any way exclude or limit our liability for death or personal injury caused by our negligence, fraud or fraudulent misrepresentation or any matter for which We may not exclude or limit our liability under any applicable law.
14. EVENTS OUTSIDE OUR CONTROL
1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control means any act, event, omission or accident beyond our reasonable control.
2. If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract, We will contact you as soon as reasonably possible to notify you and our obligations under the Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, We will arrange a new delivery date with you after the Event Outside Our Control is over.
3. You may cancel a Contract affected by an Event Outside Our Control if there is a risk of substantial delay. To cancel a Contract under this clause 14 please contact us using the details set out in clause 8.2.
15. INTELLECTUAL PROPERTY RIGHTS
1. All and any Intellectual Property Rights in the Products shall be owned by us or our licensors. All such rights are reserved.
16. OTHER IMPORTANT TERMS
1. Nothing in these terms and conditions shall affect your rights as a consumer under the applicable law in the jurisdiction in which you are resident.
2. If We have to contact you, We will do so by in writing or telephone, using the contact details you provided to us in your order, unless you have asked us to contact you by any other means. When We refer in these terms and conditions to “in writing”, this includes e-mail.
3. We may change these terms and conditions from time to time. The terms and conditions that apply to your Contract will be those that are displayed on our site when you place your order.
4. We may transfer our rights and obligations under the Contract to another organisation. We will tell you in writing if this happens and We will ensure that the transfer will not affect your rights under the Contract.
5. You may only transfer your rights or your obligations under these Terms to another person if We agree in writing.
6. The Contract is between you and us. No other person shall have any rights to enforce any of its terms.
7. Each of the paragraphs of these terms and conditions operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
8. If We fail to insist that you perform any of your obligations under these terms and conditions, or if We do not enforce our rights against you, or if We delay in doing so, that will not mean that We have waived our rights against you and will not mean that you do not have to comply with those obligations. If We do waive a default by you, We will only do so in writing, and that will not mean that We will automatically waive any later default by you.
9. Please note that these terms and conditions are governed by Dutch law. If you are a consumer, this means a Contract for the purchase of Products and any dispute or claim arising out of or in connection with it will be governed by Dutch law, except that if you are not resident in the Netherlands then Dutch law shall apply only to the extent that it does not override any mandatory laws of the country in which you have your usual place of residence.
10. In respect of any dispute or claim relating to a Contract, if you are a consumer you and We both submit to the non-exclusive jurisdiction of the courts of the Netherlands, but nothing in this clause shall limit your legal rights to bring actions against us or to require proceedings to take place in the country in which you have your usual place of residence. If you are not a consumer, you and We both submit to the exclusive jurisdiction of the courts of the Netherlands.
17. AFTER-SALES SERVICE
1. Questions, comments or requests regarding these terms and conditions or our Products should be addressed to email@example.com.
2. If you have any complaints these should be addressed in writing to BEEYOOTEE by email to firstname.lastname@example.org.
3. If you are not satisfied with how We have handled any complaint, you may wish to request that the complaint be referred for alternative dispute resolution (where an independent body considers the facts of the dispute and seeks to resolve it without you having to go to court). Disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform.
18. TERMS OF WEBSITE USE
Should you wish to purchase any goods shown or advertised on our site, the supply of those goods will be subject to our Terms and Conditions of Sale.
Access to our site
Our site is made available free of charge. We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. Access to our site is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our site at any time without notice. We will not be liable to you if for any reason all or part of our site is unavailable or interrupted at any time or for any period.
Your account and password
You may access most areas of our site without registering your details with us, but certain areas of our site will only be open to you if you register with us.
If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential and not disclose it to any third party.
Your use of our site
You may use our site only for lawful purposes. You may not use our site:
• in any way that breaches any applicable local, national or international law, regulation or code of practice;
• in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
• in any way that infringes any intellectual property right or right to privacy; and/or
• to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation to any person.
We may from time to time provide interactive services to you on our site. For example, We may allow you to leave reviews of our products. Use of any of our interactive services by a minor is subject to the consent of their parent or guardian.
By submitting any content to our site or through our interactive services, you agree that We shall have a non-exclusive, perpetual, royalty-free, worldwide right and licence to use, reproduce, distribute and make available such content on our site and in our marketing materials.
If you wish to complain about information or materials uploaded to our site by other users please contact us.
You must ensure that any and all information and material which you post to our site (User Content) and use of any interactive services associated with it complies with following standards.
User Content must be accurate (where it states facts), be genuinely held (where it states opinions) and comply with applicable law in the the Netherlands and in any country from which it is posted. Product reviews will only be accepted from genuine, verified purchasers in the correct language for the relevant website and will not be accepted from our employees.
User Content must not:
• contain any material which is defamatory of any person, obscene, offensive, hateful, malicious or inflammatory or which promotes violence or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
• infringe any intellectual property right of any other person;
• be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
• be threatening, abusive or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety or be likely to harass, upset, embarrass, alarm or annoy any other person;
• disclose the name, address, telephone, mobile or fax number, e-mail address or any other personal data in respect of any other person. In the case of product reviews, you may include your first name and location in your review, but should not include any other personal information;
• be likely to deceive any person or be used to impersonate any person, or to misrepresent your identity or affiliation with any person;
• give the impression that it emanates from us, if this is not the case;
• advocate, promote or assist any illegal activity or unlawful act; or
• contain any advertising or promote any goods or services or links to other websites.
We will determine, in our discretion, whether there has been a breach of these content standards through your use of our site. When a breach of these content standards has occurred, We may take such action as We deem appropriate and reserve the right to reject publication of any such User Content or delete such User Content from our site. If we reject a product review, we may send it back to you with an explanation of why it has been rejected and we may give you the opportunity to edit and resubmit your review.
Viruses, hacking and other offences
We do not guarantee that our site will be secure or free from bugs or viruses.
You are responsible for configuring your information technology, computer programmes and platform to access our site. You should use your own virus protection software.
You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and We will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
Intellectual property rights
All intellectual property rights in our site, and in the material published on it, are owned by us and our licensors. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You may print off one copy, and may download extracts, of any page(s) from our site for your personal use and you may draw the attention of others within your organisation to content posted on our site. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.
You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.
Our trade marks are registered
BEEYOOTEE and the logos for these marks are trade marks of Beeyootee. You are not permitted to use these trade marks without our approval, unless they are part of any material you are using as permitted above.
Changes to our site
We may update our site from time to time, and may change the content at any time. However, please note that any of the content on our site may be out of date at any given time, and We are under no obligation to update it. We do not guarantee that our site, or any content on it, will be free from errors or omissions.
No reliance on information
The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.
Although We make reasonable efforts to update the information on our site, We make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up-to-date.
Limitation of our liability in respect of your use of our site
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
If you are a business user:
• We exclude all implied conditions, warranties, representations or other terms that may apply to our site or any content on it;
• We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with use of or inability to use our site, or use of or reliance on any content displayed on our site; and
• We will not be liable for:
o loss of profits, sales, business, or revenue;
o business interruption;
o loss of anticipated savings;
o loss of business opportunity, goodwill or reputation;
o waste of management or office time; or
o any indirect or consequential loss or damage.
If you are a consumer user, please note that We only provide our site for domestic and private use. You agree not to use our site for any commercial or business purposes, and We have no liability to you for any loss of any business of yours (including but not limited to the types of loss and damage excluded in respect of business users set out in the paragraph above).
The security of communications sent over the Internet (including by e-mail) is subject to many factors outside of our control. We do not guarantee the security or confidentiality of any electronic communications. We shall have no liability for your inability to connect to or to access our site which may result from any faults, errors or problems relating to your PC hardware, software, network or security, or your Internet service provider or any other similar problem.
We assume no responsibility for the content of websites linked on our site. Such links should not be interpreted as endorsement by us of those linked websites. We have no control over those websites and will not be liable for any loss or damage that may arise from your use of them.
Linking to our site
You may link pages of our site to your personal social media accounts where social media sharing plug-ins are available on our site.
Any other linking to our site is prohibited without our prior written consent.
You must not establish a link to our site:
• in a way that is not fair or legal or which damages our reputation or takes advantage of it;
• in such a way as to suggest any form of association, approval or endorsement on our part where none exists; or
• in any website that includes unlawful or fraudulent content, has any unlawful or fraudulent purpose or effect or breaches the content standards set out above.
You must not frame our site on any other site or create a link to any part of our site other than the home page without our prior written consent.
We reserve the right to withdraw linking permission without notice.
Third party links and resources in our site
Where our site contains links to other sites and resources provided by third parties (including where our social media sharing plug-ins include links to third party sites), these links are provided for your information only. We have no control over the contents of those websites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
If you are a business or are using our site for business purposes, you and We both irrevocably submit to the exclusive jurisdiction of the courts of the Netherlands.
It’s not the ones you eat (bummer).Cookies are small files of text and numbers which are downloaded to your device when you visit a website if you agree to the website doing so. Cookies are then sent back to the website on each subsequent visit, or by other websites that recognise that cookie.
Cookies are useful because they allow a website to recognise a user’s device and are widely used in order to let you navigate between pages more efficiently, remember your preferences, and generally improve your user experience. They can also help to ensure that adverts you see online are more relevant to you and your interests.
Unless you have blocked cookies, our system will issue cookies and download them onto your device when you use our Services. However, if you do block cookies (including essential cookies) you may not be able to access all or parts of our Services.
INFORMATION WE COLLECT FROM YOU
HOW YOUR INFORMATION IS USED AND SHARED
The use and sharing of information about you depends on the context in which it is collected. Please see the categories below that relate to the features and functionality of the Services that you wish to utilize. If you do not want us to share your personal information with these companies, you may contact us .
Our Services are general audience Web sites and are not directed at children under age 13. BEEYOOTEE and the Services do not knowingly collect any personal information from children under age 13, and if you are under the age of 13 you should not register or provide information on our Services or to BEEYOOTEE. If you have knowledge that a child under the age of 13 has submitted personal data to us, please email us.
HOW CAN I ACCESS AND CHANGE MY PERSONAL INFORMATION?
You can edit or delete personal data that you submitted on the Services through your online account. Upon request BEEYOOTEE will provide you with information about whether we hold, or process on behalf of a third party, any of your personal information. Under the Act, we may charge an administrative fee of £10 to meet our costs in providing you with details of the information we hold about you. If you would like us to delete/remove your Account, or for us to no longer use or share personal data we may gather from you for any purpose, please contact us. We will respond to your request within a reasonable timeframe. However, please note that archival or backup copies of personal data may continue to exist. Please keep in mind that any change you request regarding personal data may adversely affect or otherwise change the availability, deliverability or quality for you of information, features, products or services in which you are interested or your experience on or relating to the Services. We will retain and use your information as may be necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.
HOW IS PERSONAL INFORMATION PROTECTED?
EFFECTIVE DATE AND MODIFICATIONS