Terms of Service
Effective on November 12, 2012
Welcome to BeachMint! BeachMint does business as ShoeMint.com, StyleMint.com, BeautyMint.com, JewelMint.com, IntiMint.com, and HomeMint.com (“BeachMint, “We”, “Our”, or “Us”). BeachMint is a social commerce site that matches your personal taste with exclusive products designed by our celebrity partners.
By using or accessing this website ("Site"), which is owned and operated by BeachMint, you acknowledge that you have read, understood, and agree to the following Terms of Service ("Terms" or "Agreement"). If, at any time, you do not agree to these Terms, please do not use this Site. BeachMint reserves the right to revise these Terms at any time by updating this posting. Please read and review these Terms periodically. As a condition of your use of this Site, you agree that you are at least 18 years of age or are visiting the Site under the supervision of an adult or guardian and that you possess the authority to enter into a binding legal agreement.
We grant you a personal, limited, non-transferable, non-exclusive license to access and use the Site via a browser. We reserve the right to revise the products and services available on the Site and to impose rules for and limits on use of the Site or to restrict your access to part, or all, of the Site without notice. We reserve the right to revoke your access at any time for any reason, including as a result of a violation of these Terms, without notice.
USE OF THE WEBSITE
We give you permission to access and use the Site for your personal use, and to copy, distribute, and transmit the content of this Site only to the extent that such copying, distribution, and transmission is automatically done through your browser software incidentally to using the Site for your personal use. No mechanized or other systematic process for harvesting information from this Site for any purpose, including without limitation, any commercial purpose, is permitted. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this Site is strictly prohibited, unless authorized in writing. You further agree not to change or delete any proprietary notices from materials downloaded from this Site. You may print a copy of the information displayed on this Site for your personal use. That means, that except as set forth above, you may not modify, reformat, copy, display, distribute, transmit, publish, license, create derivative works from, transfer or sell any information obtained by your use of this Site. This restriction means, among other things, that you may not mirror on your own website any portion of this Site or display through your own website any results pages or other information from this Site without express written permission. For the avoidance of doubt, you acknowledge and agree that your access to and use of the Site does not give you any right to use the name, likeness, image, signature, biographical information or any other rights of publicity or intellectual property of our celebrity spokespersons found on the Site.
We may deny you access to all or part of the Site without prior notice if you engage in any conduct or activities that we determine, in our sole discretion, violate this Agreement, our rights or the rights of any third party.
We may assign you a password and account identification to enable you to access and use certain portions of this Site. Each time you use a password or identification, you will be deemed to be authorized to access and use the Site in a manner consistent with these Terms and BeachMint has no obligation to investigate the authorization or source of any such access or use of the Site.
YOU WILL BE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF THIS SITE BY ANYONE USING THE PASSWORD AND IDENTIFICATION ORIGINALLY ASSIGNED TO YOU WHETHER OR NOT SUCH ACCESS TO AND USE OF THIS SITE IS ACTUALLY AUTHORIZED BY YOU, INCLUDING WITHOUT LIMITATION, ALL COMMUNICATIONS AND TRANSMISSIONS AND ALL OBLIGATIONS (INCLUDING WITHOUT LIMITATION FINANCIAL OBLIGATIONS) INCURRED THROUGH SUCH ACCESS OR USE.
You are solely responsible for protecting the security and confidentiality of the password and identification assigned to you. You shall immediately notify BeachMint of any unauthorized use of your password or identification or any other breach or threatened breach of this Site's security.
REGISTRATION AND MEMBERSHIP
- Access to a monthly, personalized showroom with exclusive designs just for you, along with content and new product recommendations. In your first month of participation, your showroom will be available to view immediately. In all subsequent months, your new showroom will be available on the first of the month.
- You may purchase items at our Non-Members prices or at Preferred Members prices, if you choose to become a Preferred Member.
- As our products are exclusively designed, items in your showroom or cart may sell out and are not guaranteed available until your purchase is confirmed. Items in your showroom in a particular month may not be available in any subsequent month. You may make purchases from alternate selections or prior months if available and in stock.
- You may receive emails regarding your account or promotions for special offers, including third party offers. You may change your email preferences at any time in your account settings.
- You can cancel your participation anytime without charge by calling Customer Care. Please refer to the FAQ's for further details.
BILLING, PAYMENTS, AND PROMOTIONAL OFFERS
Once you have provided your shipping and payment information and successfully made your first purchase, you are a Customer. As a Customer, you agree to the following benefits and Terms:
- You must provide us and keep us up to date with accurate contact and payment information, including name, shipping address, and credit or debit card number.
- You are responsible for any fees or charges your issuing bank or credit card provider may charge you. If your payment to us is returned for any reason, we may bill your account again directly and seek payment by another method including a mailed statement.
At the time of purchase, you have the option to become a Preferred Member by enrolling in our monthly membership program at the monthly rate, and you agree to the following benefits and Terms:
- You may purchase items at our lower Preferred Member prices
- On the first of each month, your credit or debit card will be charged the monthly Preferred Membership Fee. The monthly Membership Fee is eligible for a refund up to 30 days from the date your account was charged, at the sole discretion of BeachMint.
- From time to time, BeachMint may offer users a promotional code or offer that will provide for a specific benefit. Each promotional code or offer is intended to be used only by the individual it was offered to, and is not transferable. If BeachMint determines that you have used a promotional code or offer, not intended for you, BeachMint, at its sole discretion, reserves the right to either void the transaction or charge your credit card for the difference in what you paid, and the price of the product being sold to individuals who do not have the promotional code or offer.
- Preferred Members in good standing shall be awarded a Monthly Member Discount reward, which can be used towards the purchase of any item(s) for up to three months after the award date. The Monthly Discount cannot be exchanged for any other form of currency and has no cash value.
30 DAY RETURN AND EXCHANGE POLICY
We stand by the quality of all of our products and want you to be thrilled with your purchase. Each product lives up to The Mint Condition Guarantee. As such, we have implemented the following Return and Exchange Policy:
- If your item arrives defective, please call Customer Care within 30 days of purchase for a Return Merchandise Authorization Number (RMA) and a return-shipping label. Return shipping within the contiguous United States is free with the label. Otherwise, additional return shipping charges may apply.
- To be eligible for a full refund (less shipping and handling), you must include: 1) unused item or set of items, 2) all original packaging, 3) the original packing slip, and 4) the RMA included on the return shipping label. We suggest you inspect your items carefully upon receipt. We cannot accept returns on items that do not comply with these Terms.
- Please allow approximately 7-10 business days after BeachMint receives the item(s) to process the return and see the refund posted to your account.
- In no case will the refund issued to you exceed the amount paid to BeachMint whether in cash or by Credits. All refunds will be issued in the manner in which payments were received. For example, if you used a Credit to make the purchase, you will be refunded a Credit. If you used a credit card, you will be issued a refund on the card used to make the purchase.
- All items are returnable unless identified as non-returnable or final sale. See product description for details.
- Refunds are provided consistent with these provisions, and otherwise are at our sole discretion.
RISK OF LOSS
Any merchandise purchased from our Site will be shipped by a third party carrier. As a result, title and risk of loss for such merchandise will pass to you upon our delivery to the carrier.
MINTSIDER REWARDS POINTS
All Registered Users of any BeachMint Site are automatically enrolled in MINTsider Rewards. Members can earn MINTsider Rewards Points ("Points") by making eligible purchases from any BeachMint site. Eligible purchases currently exclude Gift Card purchases, purchases from third party sites, and purchases made as a non-Preferred Member. Registered Users can earn Points by referring friends who make their first credit card purchase and become a Member on any BeachMint Site ("Valid Referral"). A Valid Referral is defined as the successful, initial purchase at the Site by a person (a "Referred Friend") who arrives at the Site via your Invite Friends link ("Friend Link"). Only one Valid Referral can be earned for each Referred Friend. Any additional or subsequent purchases made by a Referred Friend at the Site will not be a Valid Referral. A Referring Member cannot refer themselves using the Invite Friends program. Please see the FAQ's for the exact number of Points you receive. Points are pending for 30 days before they become available to you to redeem. If you or your referred friend are issued a refund for any order, any Points earned for that transaction would be removed from your Points balance.
MINTsider Rewards Points are non-transferrable and Points from multiple accounts cannot be combined. Points and any associated rewards that you redeem your Points for ("Rewards") expire one year after they become available to you, or upon cancelation of your account or termination of the program as provided below. Your Points and Rewards are only available to you if your account is in good standing, and we reserve the right to restrict access to Points and Rewards in your account while BeachMint determines, in its sole discretion, if your account is in good standing. BeachMint reserves the right at its sole discretion to revoke any Points and Rewards that have been awarded for self-referrals, or earned fraudulently or through misuse of the program. There are no fees associated with the MINTsider Rewards, and Points and Rewards earned under the program have no cash value. You may not invite yourself to join MINTsider Rewards nor create multiple accounts with BeachMint in order to incur referral Points.
BeachMint reserves the right to modify or terminate MINTsider Rewards and/or these terms and conditions at any time at its discretion and without obligation or advanced notice to you.
The technology underlying, and the entire content included in, the Site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of BeachMint and is protected by copyright and other intellectual property or proprietary rights. The collective work includes works that are licensed to BeachMint. Copyright 2012 BeachMint. All rights reserved. We do not investigate to determine if such works are accurate nor can we provide assurance that all such works are free of typographical errors. We cannot guarantee information displayed on this Site to be 100% accurate.
All trademarks, service marks, and trade names of BeachMint on the Site are trademarks or registered trademarks of BeachMint, or of their respective owners.
USER GENERATED CONTENT
By sharing, submitting and uploading any of your data including but not limited to photographs, images, video, music, art, or comments, you grant BeachMint a worldwide, non-exclusive, royalty-free, sublicensable and transferable license to use, reproduce, prepare derivative works of, display and perform your user data in any legal manner for the benefit of BeachMint. You acknowledge and agree that you are solely responsible for all the user data that you make available through BeachMint. Accordingly, you represent and warrant that: (1) you have all rights, licenses, consents and releases necessary to grant BeachMint the required rights to disseminate any user data, (2) neither your data nor your posting, uploading, publication, submission or transmittal of this data or BeachMint's use of your uploaded data (or any portion thereof) on, through or by the means of BeachMint will infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights or rights of publicity or privacy or result in the violation of any applicable law or regulation.
DISCLAIMERS AND LIMITATIONS OF LIABILITY
EXCEPT AS OTHERWISE SPECIFICALLY PROVIDED, THE SITE AND THE PRODUCTS OFFERED ON THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, BEACHMINT DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. BEACHMINT DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED ON THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT THE DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. BEACHMINT DOES NOT MAKE ANY WARRANTEES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS ON THE SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. APPLICABLE LAW MAY NOT ALLOW LIMITATIONS OR EXCLUSIONS ON WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
NEITHER BEACHMINT NOR ITS CELEBRITY SPOKESPERSONS SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE OR MATERIALS ON OR PROVIDED THROUGH THE SITE, EVEN IF BEACHMINT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL BEACHMINT'S LIABILITY TO YOU EXCEED THE AMOUNTS THAT YOU PAID TO BEACHMINT IN CONNECTION WITH YOUR BEACHMINT MEMBERSHIP. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, BeachMint shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. BeachMint shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, BeachMint shall immediately issue a credit to your credit card account in the amount of the charge.
These Terms are applicable to you upon your accessing the Site. These Terms, or any part of them, may be modified or terminated by BeachMint without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification, and Miscellaneous, shall in all events survive any termination of these Terms and your use of the Site.
BeachMint may deliver notice to you by means of e-mail, a general notice on this Site, or by other reliable method.
USE OF SITE
Use of the Site for any illegal or unauthorized purpose is strictly prohibited.
You agree to indemnify, defend, and hold harmless BeachMint, its officers, directors, employees, agents, licensors and suppliers from and against all losses, liabilities, expenses, damages, and costs, including reasonable attorneys' fees, resulting from any violation of these Terms, or any activity related to use of the Site (including negligent or wrongful conduct) by you or any other person accessing the Site using your Internet account.
You understand that the technical processing and transmission of this Site may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
In an attempt to provide increased value to our visitors, BeachMint may link to sites operated by third parties. However, BeachMint has no control over these linked sites, all of which have separate privacy and data collection practices, independent of BeachMint. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, BeachMint seeks to protect the integrity of its Site and the links placed upon it and therefore requests any feedback on not only its own Site, but for sites it links to as well (including if a specific link does not work).
Your use of the Site is governed in all respects by the laws of the state of California, USA, without regard to choice of law provisions, except to the extent that federal law applies. These Terms evidences a transaction involving interstate commerce, and the United States Arbitration Act shall apply in all cases and govern the interpretation and enforcement of the arbitration rules and arbitration proceedings. Any claims arising out of, relating to, or connected with these Terms or your use of the Site and BeachMints services must be asserted individually in binding arbitration administered by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules and the AAA Supplementary Procedures for Consumer-Related Disputes. The arbitrator shall not conduct any form of class or collective arbitration nor join or consolidate claims by or for individuals. The Arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability or formation of these Terms including, but not limited to, any claim that all or any part of these Terms is void or voidable. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. There are only two exceptions to this arbitration agreement. First, if we reasonably believe that you have in any manner violated or threatened to violate our intellectual property rights, you agree that we would be irreparably harmed by such violation or use and that we may seek injunctive or other appropriate relief in any court of competent jurisdiction. Second, any claim of $500 or less may, at the option of the claiming party, be resolved in small claims court in Los Angeles County, California, if the claim and the parties are within the jurisdiction of the small claims court. By agreeing to these Terms, you hereby irrevocably waive any right you may have to a court trial (other than small claims court) or to serve as a representative, as a private attorney general, or in any other representative capacity, or to participate as a member of a class of claimants, in any lawsuit, arbitration or other proceeding filed against us and/or related third parties. You acknowledge that this means that you may not have access to a court or jury.
Any cause of action or claim you may have with respect to the Site must be commenced within one (1) year after the claim or cause of action arises or is barred forever. Failure to insist upon or enforce strict performance of any provision of these Terms shall not be construed as a waiver of any provision or right.
These Terms constitute the entire agreement between you and BeachMint with regard to your use of the Site. Neither the course of conduct between the parties nor trade practice shall act to modify any of these Terms. BeachMint may assign its rights and duties under this Agreement to any party at any time without notice to you.
By continuing your membership, you accept and agree to these Terms and any changes made by us to it once we notify you of these changes. If you do not wish to be bound by this Agreement or any changes thereto, please see above for how to cancel your membership. Your edits or changes to either the online or offline versions of this Agreement or a membership offer will not be effective, regardless of form.