Terms of Service

Updated January 6, 2012

Welcome to BeachMint! 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.

We reserve the right to change any information, features and functions of the Site without prior notice. 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

You may visit the Site anytime and take the Style Quiz with no commitment to buy or be a member. To become a Registered Member ("Registered Member" or "Member"), complete the Style Quiz, enter a valid email address, and create a password. All information you provide during the membership signup process is subject to the Privacy Policy. As a Registered Member, you are entitled to the following benefits:

Access to a monthly personalized showroom with exclusive designs just for you, along with Members-only content and new product recommendations. In your first month of membership, 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 Members-only rates or use any available gift credits.
As our products are exclusively designed, items in your showroom or cart may sell out and are not guaranteed until your purchase is confirmed. Items in your showroom this 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 membership anytime without charge by calling Customer Care. Please refer to the FAQ's for further details.

Billing and Payments

Once you have provided your shipping and payment information and successfully made your first purchase, you are a Preferred Member. As a Preferred Member, you will be enrolled for free in our recurring membership program, subject to the following Terms:

You must provide us and keep us up to date with accurate Member information, including name, shipping address, and credit or debit card number. We may update your information with information your bank or credit card issuer may supply, or other information available to us.
We save your payment information for ease of future shipments and charges. All such personal information is subject to the Privacy Policy.
We are not responsible for any fees or charges your bank or credit card issuer may apply. If your credit card issuer reverses a charge to your credit card, we may bill your account directly and seek payment by another method including a mailed statement.
We hope you'll find something you love when you visit your new showroom at the beginning of each month. If, however, within the first 5 days of the month, you have not yet purchased an item, you may choose to skip the month free of charge from your Account Settings page or by calling Customer Care. If you skip the month, your credit or debit card will not be charged for that month. If you do not notify us that you'd like to skip the month by the fifth day of the month, your credit or debit card will be charged the monthly membership rate and you will earn one (1) credit in your account to enjoy on a future purchase. Please refer to the FAQ's for your membership rate.
Credits resulting from the monthly charge are eligible for a refund up to 30 days past the billing date, at the sole discretion of BeachMint. After this period, credits can not be exchanged for any other form of currency and have no cash value.
Unless otherwise prohibited by law, credits are valid for up to one (1) year after the date of issue. You can accumulate up to five (5) credits through the auto-charge function. Additional credits may be purchased through other functions, features, and offers on the Site.
Members in good standing with valid store credits in their account may redeem those store credits, in lieu of payment, for one or more items depending on the price of the item. You can not combine credit redemption with any promotional offer. Additional fees such as international shipping, expedited shipping, and processing fees and taxes may be applicable and can not be paid with credits.

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, for any reason, you are not completely satisfied, 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) the unworn or 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. For ShoeMint, please do not wear your shoes prior to making a return request. For StyleMint, please do not wash or wear your items prior to making a return request. For JewelMint, please keep all pieces and sets intact and free from wear. We cannot accept returns on items that do not comply with these Terms.
All items returned for a refund may be charged a restocking fee. Please refer to the FAQ's for further details. All items returned for a credit or exchanged for another item will not incur the restocking fee.
Please allow approximately 7-10 business days to process the return and see the credit posted to your account.
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.

Mobile

If you are accessing this Site on a mobile device, we may ask, collect or store the following, for the purpose of providing you a better mobile user experience:

Device sign-on data (including device ID and device type)
Location data. You may change your location settings in your preferences on your mobile device.
Information about how you interact with the Site or Application
Opt in offers to receive text messages. These may include, but are not limited to, messages regarding your account or promotions for special offers, including third party offers. A text message rate may be charged through your mobile service provider. You may change your mobile preferences or opt out at any time in your account settings.

Copyright

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.

Trademarks

All trademarks, service marks, and trade names of BeachMint on the Site are trademarks or registered trademarks of BeachMint, or of their respective owners.

Disclaimers and Limitations of Liability

Warranty Disclaimer

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

BEACHMINT SHALL NOT 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.

Other

Term; Termination

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.

Notice

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.

Indemnification

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.

Privacy

Registration data and certain other information about you are subject to our Privacy Policy.

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.

Third-Party Links

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).

Miscellaneous

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 BeachMint's 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.