Terms of service
OVERVIEW
Definitions
Welcome to Beard Air. This website, located at www.BeardAir.com, is owned and operated by Beard Air. This site provides features and a wide range of products when you visit. This website may be accessed online and on a mobile device. Throughout the pages of the site, the terms “we”, “us” and “our” refer to Beard Air. We offer this website and have rights to all its information, tools, and services available from this site to you. You, in this case are the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here. Upon purchase, you, as a consumer, are the party which has accepted an agreement with Beard Air for the purpose of making an order.
Please read these Terms of Service carefully before accessing or using our website. The terms and conditions of this website include a class action waiver agreement, mutual arbitration agreement as well as certain conditions on liability clauses. By accessing or making use of any segment of the site, you agree to have read, understood and allowed to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not take part in any services and are restricted from making orders on this site.
Applicability
These terms and conditions concern all quotations, offers, activities, orders, agreements, and deliveries of products by or on behalf of us. The consumer may only deviate from these conditions if both parties have explicitly agreed upon it in writing.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”). This includes the additional terms and conditions and policies referenced herein and/or available by hyperlink on this page. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our hosting company provides us with the online e-commerce platform that allows us to sell our products and services to you.
Applicable law and competent jurisdiction
Dutch law is exclusively applicable to all agreements between the parties on this website. The Dutch court in the district where our website is established is exclusively competent in case of any disputes between parties as prescribed in the law. The customer cannot transfer its rights deferring from an agreement with us to third parties without the prior written consent of both parties.
When need be, we have the authority to permit all cross-border cases to be held in the Netherlands under the International Private Law court by Article 60 BR I.
SECTION 1 - Online Store Terms
By agreeing to these Terms of Service, you accept that you are at the minimum age of majority in your state or province of residence. Alternatively, you have given us your consent to allow any of your minor dependents to use this site. You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). A breach or violation of the Terms will result in an immediate termination of your Services.
Communication
You are interacting with us digitally when you make use of our services or when you email us. You grant us permission to communicate with you online. We will get in touch with you via email regarding orders you have made, and announcements will be posted on our website. You accept that any disclosures, notifications, and notices that are delivered to you, satisfies the written communication requirements that are established by the law.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone at any point in time before the shipment of a package. The content (not including credit card information) that you give emission to may be transferred unencrypted and involve either transmissions over various networks; and changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks as a security measure.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the service, use of the service. This includes access to the service or any contact on the website through which the service is provided, without deliberate written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
If products are not in stock, we will advise you on an alternative product, if you do not wish to accept this alternative, we will refund you. We will not be held liable for any products that are out of stock or unavailable by the manufacturers.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the service (or any part or content thereof) without notice. We shall not be held liable to you or to any third-party member for any modification, price change, suspension, or discontinuance of the service.
SECTION 5 - PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
Furthermore, we reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region or jurisdiction. Likewise, we may exercise this right on a case-by-case basis. We also reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, scams or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we may provide access to such tools “as is” and “as available” without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
Certain content, products, and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy, and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit, or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. Furthermore, you may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 10 - PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and change or update information. Furthermore, we may cancel orders if any information in the service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date, applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
Cybercrime Legislation:
Under article 138.a of the Dutch Criminal Code, any person who intentionally and unlawfully makes use of our data will be held liable in the Supreme Court of the Netherlands.
Designs Produced by Us
Any designs produced by us for you are our intellectual property (IP) and may not be used in any other form without written consent under Book 10 of the Dutch Civil Code.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure, or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall our website, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, licensors, the holding company or the domain holder be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless to our company, our parent company, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, domain holders, domain owners, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third party.
SECTION 15 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice, and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 17 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to the service constitutes the entire agreement and understanding between you and us. The Terms of Service govern your use of the service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 18 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the Netherlands.
1) Dutch law is applicable in all disputes relating to this agreement.
2) Disputes, which may arise as a result of this agreement or other agreements which may be the result thereof, shall be settled exclusively by the District Court of Amsterdam.
SECTION 19 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 20 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us on our contact form or by email:
SECTION 21 - SHIPPING
Section 21.01 of Terms of Service) - Shipping Policy
We aim to have your order dispatched from our facility as soon as possible. We strive to process and dispatch orders within 2-7 business working days.
Order dispatched, is a term used in our terms of service policy, meaning the purchased product has been checked for quality control, packed, stamped, invoiced by us, and handed to a courier.
Once the courier has received the product from our warehouse, the shipping process has started to deliver the product to your home address. Shipping and delivery times are 15-21 working days, excluding dispatch time. (usually 15 working days) All delivery dates are estimated and are not guaranteed.
Section 21.02 of Terms of Service) - Non-Shipping Days
Please allow extra time for your order to be processed during Public Holidays and busy periods. Customs and Postal Service may also require extra time to work on the processing/delivery during peak season or before major events or holidays (e.g., Valentine’s Day).
Certain products may arrive separately because we are shipping the products from different manufacturers from different warehouses.
We will not ship on the following dates.
Weekends
New Year's Day
Memorial Day
Independence Day
Labor Day
Thanksgiving
Day after Thanksgiving
Christmas (December 22nd - 27th)
Please note, shipping estimates will begin the following business day. We don’t ship on non-business days or holidays. We are not responsible for any shipping deliveries that may be affected by customs, natural occurrences, or air and ground transportation strikes.
Section 21.03 of Terms of Service) - Faulty Products
In very rare circumstances, there could be damages caused by shipping. Please contact us via our contact form on our website. * PLEASE READ SECTION 22 OF OUR TERMS OF SERVICE POLICY
Section 21.03 of Terms of Service) Import Taxes & Duties
Some countries outside the United States may require import tax, duties, and related Customs fees for the imports.
We do not Have Expedited Shipping Exclusions. All of our products can be shipped to your home address. We will give you 24 hours to change your order, however, we will not be able to cancel your order.
We strive to process and ship your order as quickly as possible, so once an order is submitted, you have the chance to change your order within 24 hours. Simply email us within 24 hours of submitting the order.
Shipping costs are calculated based on the delivery location, weight, and dimensions of the shipment, and the price of the entire order. Shipping will be calculated in real-time at checkout. Orders over $25 ship for free.
Section 21.04 of Terms of Service) Transport Costs
The transport costs on our website are paid by the customer, unless both parties have agreed upon otherwise in writing. This includes returning a product.
Section 21.04 of Terms of Service) Delay
A delay in delivery will not be an eligible reason for a refund or chargeback.
Of course, delivery delays have become a big issue with lockdowns caused by COVID-19. We cannot control the lockdown in various places, nor the challenges relating to the COVID-19 pandemic, including delays. Some carriers have had to change the schedule, resulting in a delay.
COVID-19 is a Force Majeure from unforeseen circumstances according to our Terms and Conditions Policies. Delays can be caused because of the worldwide pandemic situation. We are constantly working on providing the best service to all our valuable customers. We apologize for the delay and inconvenience caused, however, a delay will not be a reason for a chargeback or refund request!!!
Our shipping policies are part of our terms and conditions, confirmed and agreed upon when you place the order.
Section 21.05 of Terms of Service) Chargeback
We do not accept any chargebacks. We are here to solve any problems with our customers. In any condition or circumstance, a claim cannot exceed the paid amount for a product, including shipping. Please refer to section 18 and 19 from our terms of service to learn more about disputes.
SECTION 22 of Terms of Service - Return Policy
Section 22.01 of Terms of Service) Return and Refund
We have a 14-day return policy, this means that in these 14 days we will evaluate the decision on a return. If 14 days have passed since you received your item, and you have not reported the request for return, we cannot offer a return. You are eligible for a full refund only if your item was faulty, damaged, or broken. Given that your product is faulty or damaged, you have three days to contact us via email regarding the issue, this must include photos, videos and any other evidence that justifies a refund. Once we have received this email, we have 14 days to evaluate a return or refund process.
If you have changed your mind on an order's specification upon receiving the product (e.g. you want to swap it for a different color) and we have approved a return, the shipping costs and responsibility is on your account. If you have chosen the wrong specification, color, measurements or size, you are not eligible for a refund.
We go by the “All Sales are Final Policy” this means, we do not offer returns or refunds to products that are on clearance sale and products that are personalized.
To be eligible for a return, your item must be in the same condition that you received it, unworn or unused, with tags, and in its original packaging. You’ll also need the receipt or legal proof of purchase.
Section 22.02 of Terms of Service) Faulty Products
When you buy from our store, you can only request a refund on faulty items if you inform us 3 days after receiving the product. You have three days to contact us via email regarding the issue, this must include photos, videos and any other evidence that justifies a refund. We are a wholesale company, working with various manufacturers worldwide; we choose the product from the best producers upon years of experience. The reason for which we need a report on faulty, damaged or broken products within 3 days is due to the fact we have a responsibility to contact the manufacturers on any manufacturing defects within 3 days as well. Your return will be reviewed by us and the manufacturers within 14 days as stated in section 22.1 of our terms of service.
Our replacement policy for faulty products lasts 3 days from the date your order has been delivered. If 3 days have passed since the delivery, unfortunately, we cannot offer you free shipping to return the product. The product must have a visual defect or issue that directly affects the usability of the item. To start a return, you can contact us with the email address at the end of our return policy page. Once your return is accepted, we’ll send you a return shipping label, as well as instructions on how and where to send your package. Items sent back to us without first requesting a return will not be accepted.
Once again, to successfully begin a refund process, your duty is to report a damaged or faulty product within 3 days with the email stated at the end of this policy, and our duty is to evaluate this request within 14 days.
Once we have evaluated and approved the refund request, we will inform you with detailed instructions on how to send your product back. We can accept a full refund return only on faulty and damaged items, we will not provide free shipping on products that are not faulty, damaged or broken.
Section 22.03 of Terms of Service) Damages and issues
Please inspect your order upon receiving the product and contact us immediately if the item is defective or damaged so that we can evaluate the issue and make it right.
Section 22.04 of Terms of Service) Shipping Costs Non-Refundable
On non-faulty products, you will be responsible for paying for your own shipping costs to return your item after approval. Shipping costs are non-refundable.
Section 22.05 of Terms of Service) Non-returnable items
Certain types of items cannot be returned:
Perishable goods (such as food, flowers, or plants),
Customized products (such as special orders or personalized items),
Gift card purchases
Personal care goods
If you request a refund for a faulty product after 3 days of receiving the product
If you request a return for a non-faulty product, 14 days after receiving the product
Any item that is returned more than 14 days after delivery will not be approved for a refund.
We also do not accept returns for hazardous materials, flammable liquids, or gasses.
For clothes and garments, collars, harnesses, any other accessories, we will not provide a refund for wrong measurement.
Product that have been used and used wrongly
We are not liable for yourself and 3rd part personal harm with the use of our product
It is your responsibility to choose the right measurements. To avoid disappointment, please ensure that measurements are correct before placing an order. We are not liable if you, a customer, have failed to check and evaluate the size and measurements of an item. If you do not see a measurement chart on our website, please contact us before ordering. If you have any question, or you are not sure about the measurement, please ask before you order as well.
Any item that is not in its original condition or is damaged or has missing parts for any reason that is not due to our error will not be returnable. We are not responsible for you damaging any of our items.
Section 22.06 of Terms of Service) Exchanges
The fastest way to ensure you get your exchanged product, is to return the item you have, and once the return is approved, make a separate purchase for the new item. The time it may take for your exchanged product to reach you may vary. We cannot guarantee that we will receive your returned item and recommend you to purchase insurance or tracking. We will not accept returns on products you measured wrongly according to our measurement table on the website. If the measurement is missing on the website, please contact us before making an order.
Section 22.07 of Terms of Service) Refunds
We will notify you once we’ve evaluated the evidence of faulty products, and let you know if the refund was approved or not. If approved, you’ll be automatically refunded to your original payment method. Please remember, it can take some time for your bank or credit card company to process the refund.
Section 22.08 of Terms of Service) Delay
Delay in delivery will not be an eligible reason for a refund, cancellation, or chargeback. Of course, delivery delays has become a big issue with conditions caused by COVID-19 in certain regions. We cannot control the lockdown in various places. Delays can be caused because of the worldwide pandemic situations. Some carriers have changed their schedule, resulting in a delay. COVID-19 is a Force Majeure from unforeseen circumstances according to our Terms and Conditions Policy. We are constantly working on providing the best service to all our valuable customers. We apologize for any potential delays and inconvenience caused, however, delays will not be a reason for chargeback or refund request!!
Section 22.09 of Terms of Service) Cancellation
Orders that have already been shipped or dispatched cannot be canceled. You may only request a return once the product has arrived in accordance with the conditions above.
Our refund policy is part of our Terms of Service. Once you have accepted the Terms of Service, you will have acknowledged and accepted the return policy as well.
Section 22.10 of Terms of Service) Chargeback
We do not accept any chargebacks. We are here to solve any problems with our customers. In any condition or circumstance, a claim cannot exceed the paid amount for a product, including shipping. Please refer to section 18 and 19 from our terms of service to learn more about disputes.
In order to begin a return process, you must contact us at support@beardair.com.