Last updated: March 01, 2023
Introduction
Welcome to Beau Jardin® Solar Lights, Wagon, Folding Beach Wagon (the “Site”). This Site is owned and operated by Beau Jardin LLC (“Beau Jardin”, “we” or “us”).
These Terms and Conditions (“Terms”) govern your access to and use of our Site and our online store, including any content, functionality, products and services offered on or through our Site, whether as a guest or a registered user.
Please read these Terms carefully before using our Site. By using our Site or by clicking to accept these Terms when this option is made available to you, you accept and agree to be bound and abide by these Terms. If you do not want to agree to these Terms, you must not access or use our Site.
Key Terms
Purchases
If you wish to purchase any product or service made available through our Site, you may be asked to supply certain information relevant to your purchase including your credit card details.
User Contributions
Our Site may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features that allow you to post, submit, publish, display or transmit content or materials.
Use of Site and Products
We grant you a limited license to access and make personal use of our Site and the products and services made available on our Site. This license does not include any resale of our products or services.
Your Account
If you create an account on our Site, you are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under your account.
Links to Third Party Sites
Our Site may contain links to third-party websites that are not owned or controlled by Beau Jardin. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third party websites.
Use of Site and Products
Personal and Non-Commercial Use
Our Site and products are intended for your own personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any content or products obtained from our Site.
No Resale of Products or Services
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of our Site or any products and services provided by Beau Jardin, use of our Site, or access to our Site without express written permission by us.
Account
When you create an account with us, you guarantee that the information you provide is accurate, complete, and current. Inaccurate, incomplete or obsolete information may result in the immediate termination of your account.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
We reserve the right to refuse service, terminate accounts, or remove or edit content at our sole discretion.
Intellectual Property Rights
Our Site and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music and all Intellectual Property Rights related thereto, are the exclusive property of Beau Jardin. Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works thereof.
User Contributions
We may provide you with the opportunity to create, build, post, upload, display, publish, distribute, transmit, broadcast, or otherwise make available on or submit through our Site (collectively, “submit”) messages, text, illustrations, files, images, graphics, photos, comments, responses, sounds, music, videos, information, content, ratings, reviews, data, questions, suggestions, personally identifiable information, or other information or materials and the ideas contained therein (collectively, but excluding Beau Jardin Licensed Elements included therein, “User Contributions”).
License. By making available any User Contribution on or through our Site, you hereby grant to Beau Jardin a worldwide, perpetual, irrevocable, non-exclusive, royalty-free, sublicenseable and transferable right and license to use, reproduce, distribute, prepare derivative works of, display, publish, perform, transmit and distribute your User Contribution in any form, medium, or technology now known or later developed.
Responsibility for User Contributions. You are solely responsible for your User Contributions and the consequences of making them available on or through our Site. More specifically, you affirm, represent, and warrant that:
- You own or have the necessary licenses, rights, consents, and permissions to use and authorize Beau Jardin to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Contributions.
- All moral rights in and to all User Contributions have been waived.
- Your User Contributions do not violate, misappropriate or infringe on the rights of Beau Jardin or any third party, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, confidentiality, contract or fiduciary duty.
- You understand and acknowledge that you are responsible for any User Contributions you submit, and you, not Beau Jardin, have full responsibility for such content.
- No compensation will be paid with respect to the use of your User Contributions.
Removal of User Contributions. We have no obligation to store or maintain User Contributions, may remove User Contributions at any time, and are not responsible for the failure to store, maintain or remove User Contributions.
We reserve the right, in our sole discretion and without notice to you, to remove, edit or refuse to post any User Contribution. We may take these actions for any reason, including if we determine that the User Contribution violates these Terms or other policies or terms that we have posted on our Site.
Purchases and Online Store
Terms of Sale. Additional terms and conditions may apply to purchases of goods or services and to specific portions or features of our Site, including subscription-based services, all of which terms are made a part of these Terms by this reference. You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these Terms and the terms posted for or applicable to a specific portion of our Site or for any product or service offered on or through our Site, the latter terms shall control with respect to your use of that portion of the Site, product or service.
Order Processing. We will process orders placed by you in accordance with the then current shipping policies and practices on our Site. Unless otherwise set forth in the applicable shipping policies or otherwise agreed by you and us, shipping and handling charges will be in addition to the prices for products listed on the Site. Unless otherwise stated, any prices quoted exclude all taxes and duties, if applicable, which you are responsible to pay. We reserve the right to discontinue or change the terms related to any future orders at any time without notice.
Accuracy. While we work hard to accurately describe and display the items offered on the Site, we do not warrant that product descriptions, pricing, photos, colors, specifications or other content on the Site is complete, accurate or current. If a product offered by us is not as described or pictured, your sole remedy is to return it in unused and undamaged condition.
Availability. All sales are subject to product availability. Beau Jardin may discontinue sale of any product at any time for any reason. Prices for products are subject to change without notice.
Returns and Refunds. Please review our Returns and Refunds policy posted on our Site prior to making any purchases.
Use of Credit Cards. When you pay for any goods sold by us on the Site, you shall use only credit cards issued in your name. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.
Delivery. We will arrange for shipment of any goods purchased by you on the Site to the address designated by you as long as that shipping address is compliant with the shipping restrictions contained on the Site. All items purchased from the Site are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass from Beau Jardin to you upon delivery to the carrier.
Links to Third Party Sites
Our Site may contain links to websites operated by third parties (“Third Party Sites”). Any Third Party Sites are not under the control of Beau Jardin, and we are not responsible for their contents.
Inclusion of links for any Third Party Site on our Site does not imply endorsement of that site by us. Because we have no control over Third Party Sites, you acknowledge and agree that we are not responsible for the availability or contents of those Third Party Sites, and we do not endorse and are not responsible or liable for any content, advertising, services or other materials on or available from such sites or resources.
Your dealings with any Third Party Sites are solely between you and the third parties involved. You further acknowledge and agree that Beau Jardin shall not be responsible or liable for any damage or loss caused as a result of your dealings with these third parties.
Disclaimer of Warranties
Your use of our Site and products is entirely at your own risk. Our Site and all products, services, and content included on or otherwise made available to you through our Site are provided on an “as is” and “as available” basis without representations, warranties or conditions of any kind.
Beau Jardin makes no representations or warranties about the following:
- The accuracy, reliability, completeness or timeliness of our Site or products.
- The merchantability and fitness for a particular purpose of our Site or products.
- Security related to the transmission of sensitive information.
- Whether our Site will be uninterrupted, free from errors, bugs or viruses.
- Compliance with laws.
Limitation of Liability
To the fullest extent permitted by applicable law:
- In no event shall Beau Jardin be liable for any direct, indirect, punitive, incidental, special consequential damages arising our of or in any way connected with the access or use of our Site or products, including damages associated with viruses or other harmful code that may affect your computer system.
- Our liability arising out of any cause whatsoever, and regardless of the form or cause of action, shall not exceed the amount of $100.00.
- We disclaim any and all liability of any kind for any unauthorized access to or use of your personal information.
By accessing and using our Site, you waive all claims with respect to the above limitations and disclaimers.
Indemnification
You agree to defend and indemnify Beau Jardin and any of its affiliates and hold us harmless against any and all legal claims and demands, including reasonable attorney’s fees, which may arise from or relate to your use or misuse of our Site, your breach of these Terms, or your conduct or actions. You agree that Beau Jardin shall be able to select its own legal counsel and may participate in its own defense, if so desired.
Governing Law
These Terms shall be governed by the laws of the State of Delaware without giving effect to any principles of conflicts of laws. You agree to submit to the personal jurisdiction of the state and federal courts located in Delaware for any actions related to these Terms or your use of our Site and products.
Severability
If any provision of these Terms is found invalid or unenforceable by a court of competent jurisdiction, you agree that every attempt shall be made to give effect to the parties’ intentions as reflected in that provision, and the remaining provisions contained in these Terms shall continue in full force and effect.
Termination
Beau Jardin reserves the right in our sole discretion and at any time to terminate your right to access or use our Site, at any time and for any or no reason, upon notice to you.
You agree that Beau Jardin shall not be liable to you or any third party for any termination of your access to our Site. Any suspension or termination shall not affect your obligations to us under these Terms. The provisions of these Terms which by their nature should survive termination of these Terms shall survive such termination.
Modifications to Site and Terms
We reserve the right to modify, supplement or replace, at any time, the information, services, products and other materials on the Site and these Terms. We may notify you of material changes to the Terms by posting a notice on the homepage of our Site and/or sending you an email at the email address provided by you. Your continued use of our Site will be deemed acceptance of any revised Terms after applicable notice periods. You should frequently check the Site and your email account for updates. You can determine when we last modified the Terms by checking the “Last Updated” date at the top of this page. If you object to any subsequent revision to the Terms, your sole recourse shall be to immediately discontinue use of our Site.
Privacy Policy
Please review our Privacy Policy to understand how we collect, use and disclose information about our customers. The Privacy Policy is incorporated by reference into these Terms.
Questions
If you have any questions regarding these Terms, please contact us at:
Beau Jardin LLC
123 Main St
Anytown, DE 12345
United States
Email: [email protected]