BeobeeNails Terms of Service

Effective Date: January 1, 2023

1. GENERAL

1.1 Scope. Welcome to beobeenails.com. If you are located in the United States, theses Terms & Conditions ( "Agreement" or "Terms" ) are a contract between you and BeobeeNails/Charlene Tsai (the "Company" ), as the company that uses the Site and App to sell products to you, collect payment and process your returns (where applicable, "BeobeeNails," "we," "us," and "our" shall refer to BeobeeNails and/or Charlene Tsai and "you" or "your" shall refer to the user of the Services (as defined below). These Terms govern your use of our website at beobeenails.com (the "Site," which includes local versions of the Site), any mobile applications ( "Apps" ) that hyperlink to this Agreement, any other written, electronic, and oral communications with BeobeeNails and its affiliated entities, or any websites, pages, features, or content owned and operated by us that hyperlink to this Agreement (collectively, including the Site and Apps, the "Services" ).

You are only authorized to use the Services if you agree to abide by all applicable laws and to these Terms. If you reside in one country but order products to be shipped to another country, you may be redirected to the local Site of the country to which products are shipped. You will be subject to the Terms of that local Site.

In addition, you may read our Privacy Policy at any time for more information about how the Company collects, stores, and protects your information when you use the Services. Our Privacy Policy is hereby incorporated by reference into these Terms as though fully set forth herein.

1.2 Acceptance of Terms. To shop with us, you need to be at least 16 years old. Any accessing, browsing, or otherwise using the Services indicates your agreement to all the terms and conditions in this Agreement. If you disagree with any part of the Terms, then you should immediately discontinue access or use of the Services. Please read this Agreement carefully before proceeding.

If you have any questions regarding these Terms or our Privacy Policy, you may contact us directly at beobeenails@gmail.com or by using the contact page.

1.3 Updates to the Terms. We reserve the right to modify the Terms, including the Privacy Policy, at any time, in our sole discretion by notifying you of such changes by any reasonable means, including by posting a revised Terms through the Services. Any such changes will not apply to any dispute between you and us arising prior to the date on which we posted the revised Terms incorporating such changes or otherwise notified you of such changes. The most current version of these Terms will be available on the Services and supersedes previous versions. You agree that it is your responsibility to check the Services for any updated Terms. In addition, by continuing to use or access any of the Services or otherwise engaging with BeobeeNails after we post any changes, you accept the updated Terms.

2. USE OF OUR SERVICES

2.1 Representations. When you use our Services, you agree to the processing of your information and data and you state that all information and data provided by you are true. You represent and warrant that you are at least 16 years old or are visiting the Services under the supervision of a parent or guardian. Subject to the terms and conditions of this Agreement, BeobeeNails hereby grants you a limited, revocable, non-transferable and non-exclusive license to access and use the Services by displaying it on your internet browser, for our Site, or on your mobile devices, for our Apps, only for the purpose of shopping for personal items sold on the Site or Apps and not for any commercial use or use on behalf of any third party, except as explicitly permitted by us in advance. Any breach of this Agreement shall result in the immediate revocation of the license granted in this paragraph without notice to you.

2.2 Limitations on Use. Except as permitted in the paragraph above, you may not reproduce, distribute, display, sell, lease, transmit, create derivative works from, translate, modify, reverse-engineer, disassemble, decompile or otherwise exploit the Services or any portion of them unless expressly permitted by us in writing. You may not make any commercial use of any of the information provided on the Services or make any use of the Services for the benefit of another business unless explicitly permitted by us in advance. We reserve the right to refuse service, terminate accounts, and/or cancel orders in our discretion, including, without limitation, if we believe that your conduct violates applicable law or is harmful to our interests.

You shall not upload to, distribute, or otherwise publish through the Services any content, information, or other material that: (a) violates or infringes the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any person; (b) is libelous, threatening, defamatory, obscene, indecent, pornographic, or could give rise to any civil or criminal liability under local or international law; or (c) includes any bugs, logic bombs, viruses, worms, trap doors, Trojan horses or other code, material or properties which are malicious or technologically harmful.

Additionally, you agree not to:

  1. use the Services for any unlawful purposes, or in a way that could violate any applicable federal, state, local, or international law or regulation;

    1. to engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm us or other persons using the Services or expose us or them to liability;

    2. use the Services in any manner that could disable, overburden, damage, or impair the Site or Apps or any other party’s use of the Services;

    3. use any robot, spider or other manual or automated device, process, software or means to index or access the Services for any purpose;

    4. use the Services to distribute unsolicited promotional or commercial content, or solicit other persons using the Services for commercial purposes;

    5. otherwise attempt to interfere with the proper working of the Service.

3. TRADE RULES

3.1 Price and Payment. All prices are exclusive of sales and use tax and other taxes (where applicable) which will be charged to you separately at the applicable rate. If for some reason we are unable to ship your goods, the value of the items that are not shipped will be refunded to your Wallet in your User Account or your original method of payment, whichever you so select.

All prices are exclusive of delivery charges. The total cost of the order is the price of the products ordered and the delivery charge plus sales and use tax and other applicable taxes.

Prices may change at any time, but (other than as set out above) changes shall not affect the orders for which we have sent an Order Confirmation.

Once you have selected all articles that you wish to buy, to will proceed to the order page. The next step will be to process the order and make the payment. To that end, you must follow the steps of the purchase process, indicating or verifying the information requested in each step. Furthermore, throughout the purchase process, before payment, you can modify the details of your order. You are provided with a detailed description of the purchase process in How to Order. Also, if you are a registered user, a record of all the orders placed by you is available in "My Account". If your order triggers a fraud alert in our security system, a verification email may be sent to your email address.

You may use the payment methods specified on the local Site, which are Venmo, Zelle, CashApp, and PayPal. Once we receive your order, we will request your total charge for products and all applicable shipping fees be paid in full. Your order will not be fulfilled unless full payment is received.

When you click "Book Now" or "Order Now", you are confirming that you have read BeobeeNails policies and agree to our terms. If the full payment is not received within 48 hours of order placement, your order will be canceled.

3.2 Colors. We have made every effort to display, as accurately as possible, the colors of our products that appear on the Services. However, because the actual colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any color will be an accurate depiction of the color of the color of the product you selected to purchase.

3.3 Packing. Unless otherwise provided, we will comply only with its minimum packing standards for the method of transportation selected. The cost of all special packing, loading or bracing requested by you will be paid for by you.

3.4 Shipping & Delivery. We ship from Irvine, CA. We aim to deliver orders as quickly as possible. However, sometimes during busy sale periods, deliveries may take longer. If you have not received your delivery within 90 business days, please contact us at beobeenails@gmail or on the contact page.

3.5 Title and Shipment. Unless agreed otherwise, shipping will be made to the delivery address indicated by you. Any claims against the Company for shortage or damage occurring prior to our delivery of the item to you must be made known to us within five (5) days after your receipt of the goods.

3.6 Return of product. Goods cannot be returned. All BeobeeNail sales are final. The $20.00 booking deposit is also non-refundable, and only transferable one time if the reschedule request is 48 hours prior to the original appointment time.

The following items cannot be returned or exchanged: bodysuits, lingerie & sleepwear, swimwear, jewelry, and accessories (except scarves, bags, and mermaid blankets).

3.7 Reviews, Comments and Submissions. Except as otherwise provided elsewhere in this Agreement or on the Services, anything that you submit or post to the Services and/or provide to the Site or Apps, including, without limitation, picture, video, ideas, know-how, techniques, questions, reviews, comments, and suggestions (collectively, "Submissions" ) is and will be treated as non-confidential and nonproprietary, and by submitting or posting, you agree to irrevocably license the entry and all intellectual property ( "IP" ) rights related thereto (excluding the moral rights such as authorship right) to the Company without charge and we shall have the royalty-free, worldwide, perpetual, irrevocable, and transferable right to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, create derivative works from such Submissions by any means and in any form, and to translate, modify, reverse-engineer, disassemble, or decompile such Submissions. All Submissions shall automatically become our sole and exclusive property and shall not be returned to you and you agree not to raise any dispute in connection with any use of the entry by us in the future.

You warrant that your Submissions, in whole or in part, are clear and free of any IP right infringement, disputes or third party claims. We assume no liability for any misuse of copyright or any other rights of third parties by you. You undertake to defend and indemnify the Company against any losses caused due to the use of the Submissions for any purposes.

In addition to the rights applicable to any Submission, when you post comments or reviews to the Site or Apps, you also grant us the right to use the name that you submit with any review, comment, or other content, if any, in connection with such review, comment, or other content. You represent and warrant that you own or otherwise control all of the rights to the reviews, comments, and other content that you post on the Site and that use of your reviews, comments, or other content by us will not infringe upon or violate the rights of any third party. You shall not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any Submissions or content. We may but shall not be obligated to remove or edit any Submissions (including comments or reviews) for any reason.

Please note that individuals under the age of 18 are prohibited from posting images to our Services of themselves or others who are under the age of 18.

4. INTELLECTUAL PROPERTY AND OWNERSHIP

4.1 Content. The Services, including all of their information and content, such as the text, software, scripts, graphics, photos, sounds, music, videos, and interactive features (collectively, "Content" provided as part of the Services belong at all times to the Company or to those who grant us the license for their use and is protected by U.S. and international copyright laws. You may use the Content only to the extent that we or the usage licensers authorize expressly.

4.2 BeobeeNails Marks. In addition, the "BeobeeNails" trademarks, service marks, icons, graphics, wordmarks, designs and logos contained therein ( "Marks" ), are owned by Charlene Tsai. “BeobeeNails" and the Marks of BeobeeNails are trademarks in the United States and other countries for which applications are pending or registrations have issued. You do not have, and will not acquire, any right, title, or interest in or to any of the Marks. The BeobeeNails Marks may not be used in connection with any product or service that is not the Company’s, in any manner that is likely to cause confusion among customers, or in any manner that discourages or discredits the Company.

4.3 Rights Reserved. Content on the Services is provided to you as is for your information only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcasted, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the Company or the respective owners or licensors. We reserve all rights not expressly granted in and to the Content. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Services, provided by you to us are non-confidential and shall become the sole property of the Company.

You agree not to engage in the use, copying, or distribution of or create derivative works from any of the Content other than expressly permitted herein. You agree not to circumvent, disable or otherwise interfere with security-related features of the Site or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Site or the Content therein.

5. EVENTS BEYOND OUR CONTROL

We will not be liable for any non-compliance or delay in compliance with any of the obligations we assume under the Terms or other contracts when caused by events that are beyond our reasonable control ( "Force Majeure" ). Force Majeure shall include any act, event, failure to exercise, omission or accident that is beyond our reasonable control, including, among others, the following:

  1. Strike, lockout or other forms of protest.

    1. Civil unrest, revolt, invasion, terrorist attack or terrorist threat, war (declared or not) or threat or preparation for war.

    2. Fire, explosion, storm, flood, earthquake, collapse, epidemic, pandemic or any other natural disaster.

    3. Inability to use trains, ships, aircraft, motorized transport or other means of transport, public or private.

    4. Inability to use public or private telecommunication systems.

    5. Acts, decrees, legislation, regulations or restrictions of any government or public authority.

    6. Strike, failure or accident in maritime or river transport, postal transport or any other type of transport.

It shall be understood that our obligations deriving from the Terms or other contracts are suspended during the period in which Force Majeure remains in effect and we will be given an extension of the period in which to fulfil these obligations by an amount of time equal to the time the Force Majeure lasted. We will provide all reasonable resources to end the Force Majeure to the extent we can or to find a solution that enables us to fulfil our obligations under the Terms despite the Force Majeure.