Terms and Conditions
Introduction
1.1 These Terms and Conditions govern your relationship with BEE GRACIOUS ETIQUETTE, LLC and apply to all quotations, offers, orders, and contracts for the sale of goods and services.
1.2 In these Terms and Conditions, unless stated otherwise
Buyer – means the purchaser of the goods and services from BEE GRACIOUS ETIQUETTE, LLC;
BEE GRACIOUS ETIQUETTE, LLC – means the Company selling the goods and services;
Goods – means the items provided to the Buyer by BEE GRACIOUS ETIQUETTE, LLC, either all or part of them.
Sales Agreement – means terms and conditions and written invoices defining the agreed relationship between the Buyer and Seller.
Services - means the services provided to the Buyer by BEE GRACIOUS ETIQUETTE, LLC, either all or part of them.
1.3 The Terms and Conditions constitute the entire understanding of the parties and supersede all prior discussions, negotiations, agreements, and understandings, whether oral or written. No change or modification of the Terms and Conditions (including change orders) is valid unless it is IN WRITING AND SIGNED BY ALL THE PARTIES who are bound by the Terms and Conditions. If any part of the Terms and Conditions is held invalid, unenforceable, or void by a court of competent jurisdiction, the Terms and Conditions are considered divisible as to such part, and the remainder of the Terms and Conditions are valid and binding as though such part was not included in the Terms and Conditions. Should a lawsuit be necessary to enforce the Terms and Conditions, the parties agree that jurisdiction and venue are waived and suit shall be brought by the Courts of the state of New York. The Terms and Conditions are governed by the laws of the state of New York (without regard to the laws that might be applicable under principles of conflicts of law) as to all matters, including, but not limited to, matters of validity, construction, effect, and performance. The Terms and Conditions may be executed in two or more parts, each of which shall be deemed an original but all of which together shall be one and the same instrument.
1.4 Nothing in these Terms and Conditions affects the statutory rights of any consumer.
2. Agreement
2.1 Any offer or acceptance of a quotation made by the Buyer will be deemed an offer to purchase the goods and services governed by these Terms and Conditions.
2.2 No offer or acceptance of a quotation will be deemed a binding agreement of sale until confirmation with an invoice issued by BEE GRACIOUS ETIQUETTE, LLC. Upon confirmation, these Terms and Conditions (as they may be amended by BEE GRACIOUS ETIQUETTE, LLC from time to time) form a binding agreement between the Buyer and BEE GRACIOUS ETIQUETTE, LLC.
2.3 Any goods or services not confirmed by invoice are deemed additional work and must be agreed in writing signed by both parties. These Terms and Conditions are applicable to any additional work or sales to the Buyer by BEE GRACIOUS ETIQUETTE, LLC.
3. Goods and Services Description
3.1 Each party to this agrees that the goods and services subject to this Agreement are those branded goods and services of BEE GRACIOUS ETIQUETTE, LLC sold via its website www.beegraciousetiquette.com.
3.2 BEE GRACIOUS ETIQUETTE, LLC guarantees the authenticity of all the goods and services purchased on the website. The goods provided are made with the finest materials and are rigorously inspected before sale. The services are provided virtually or in person, as confirmed by the invoice. All services will be provided as per the terms of the confirming invoice. No guarantees are provided as to the customer’s successful use of the services.
3.3 The brand “BEE GRACIOUS ETIQUETTE,” as well as the set of figurative and non-figurative trademarks, service marks, present on the goods, services, its accessories and/or packaging, marks that are registered or not, as well as all illustrations, images, and logos are protected by copyright and, more generally, all the intellectual property rights relating to the goods, are and remain the exclusive property of the company BEE GRACIOUS ETIQUETTE, LLC.
3.4 (a) The essential features and prices of the goods and services are given for each product and service on the website.
(b) The prices of goods and services expressed on the website are in US DOLLARS and are not inclusive of all applicable taxes and charges. Taxes and delivery charges will be added and shown separately in the order form.
(c) BEE GRACIOUS ETIQUETTE, LLC ensures that all pricing information on the website is accurate, without this, however, can not guarantee the absence of errors. In the event there is an error in the price of a product or service, BEE GRACIOUS ETIQUETTE, LLC, will give the customer the option of reconfirming their order at the correct price of the product or service, or to cancel it.
(d) The information contained on the website does not constitute an offer by BEE GRACIOUS ETIQUETTE, LLC.
(e) The goods and services to be delivered shall be specifically described in the order confirmation provided by BEE GRACIOUS ETIQUETTE, LLC.
(f) The Buyer agrees and acknowledges that all specifications and advertising issued by BEE GRACIOUS ETIQUETTE, LLC, and any descriptions or illustrations contained in BEE GRACIOUS ETIQUETTE, LLC’s marketing materials are provided for the sole purpose of giving an approximate idea of the goods and services described in them. BEE GRACIOUS ETIQUETTE, LLC, is not bound by such descriptions which do not form a part of these Terms and Conditions, nor are they a part of the sales agreement and this is not a sale by sample.
4. Order Procedure
4.1 The Order process starts after the Buyer identifies a particular product or service for purchase. The Buyer selects the product and/or service. Automatically, the Buyer will be required to confirm Buyer has read and understands the Terms and Conditions of purchase, which are binding upon acceptance of the purchase.
4.2 The Buyer then completes an electronic order form.
4.3 For the purchase of the goods and/or services, the Customer shall complete and submit the form to BEE GRACIOUS ETIQUETTE, LLC, with the proposed order electronically, following the instructions contained on the website. The Customer shall insert the product into the “shopping cart” and after having reviewed and accepted the General Terms and Conditions, with particular reference to the contribution of the delivery charges and the conditions on the right of withdrawal, and after reading the Privacy Policy, the Customer must select the desired payment method and choose the option “proceed with the order.”
4.4 Shall the Customer need to correct any errors in data entry, he/she must follow the proper procedure for the modification indicated in the Site before submitting its proposed order. In particular, the Customer has the right to modify the number of Products and/or Services he/she wishes to purchase, adding or deleting one or more Products from the “shopping cart.”
4.5 By submitting the proposed order to BEE GRACIOUS ETIQUETTE, LLC, the Customer acknowledges and states that he has read all the indications provided in the purchasing procedure and accepts the Terms and Conditions.
4.6 Client will receive an order confirmation and an invoice will be delivered with items bought.
4.7 The contract between BEE GRACIOUS ETIQUETTE, LLC and the Customer shall be considered completed when the customer receives confirmation from BEE GRACIOUS EITQUETTE, LLC that his/her proposed order – sent in accordance with the purchase procedure indicated on the website – is successful. Finally, after checking the availability of the goods and/or services and the price charged to the credit or debit card of the customer. The proposed order sent by the Customer shall be binding for BEE GRACIOUS ETIQUETTE, LLC, only if the entire purchase procedure has been duly and correctly completed without any eventual errors on the part of the Site.
4.8 BEE GRACIOUS EITQUETTE, LLC is not liable for malfunctions by the network for data transmission.
4.9 Without prejudice to the use of the data described in the Privacy Policy, and subject to the express consent of the customer, the module with the proposed order and the customer data relating to the proposed order will be maintained by BEE GRACIOUS ETIQUETTE, LLC, for the period of time provided by law.
5. Payment Process
5.1 The purchase price shall be the price set on the website and not inclusive of tax.
5.2 The purchase price does not include the cost of packaging and delivery. Any fees, duty, or taxes applied will be billed to and paid by the Buyer as set forth on the written invoice issued by BEE GRACIOUS ETIQUETTE, LLC.
5.3 All payment shall be made in US DOLLARS and the agreed price is due in full at the time the offered price is accepted and confirmed unless agreed otherwise in writing.
5.4 The Buyer may pay for the goods and/or services and the shipping expenses by credit or debit card, Paypal, or Zelle.
5.5 BEE GRACIOUS ETIQUETTE, LLC, accepts payments made with Visa, MasterCard, PayPal, and Zelle.
5.6 The transaction will be charged to the Buyer only after:
(i) the data has been verified for the payment method chosen;
(ii) has been received via debit or payment authorization by the company issuing the payment.
(iii) BEE GRACIOUS ETIQUETTE, LLC has confirmed the availability of the goods and/or services, and then after that, the order is ready to be processed.
5.7 In the event that, for whatever reason, payment of the amounts owed by the Buyer proves impossible, the buying process will be automatically canceled and the purchase canceled.
5.8 The contract between BEE GRACIOUS ETIQUETTE, LLC and the Buyer shall be considered completed when the Buyer receives confirmation from BEE GRACIOUS ETIQUETTE, LLC that the proposed order – sent in accordance with the purchase procedure indicated on the website – is successful and after checking the availability of the goods and/or services and the price charged to the customer. The proposed order sent by the Customer shall be binding for BEE GRACIOUS ETIQUETTE, LLC only if the entire purchase procedure has been duly and correctly completed without any eventual errors on the part of the Site.
5.9 Buyer will receive an order confirmation upon payment completion and an invoice will be delivered with the items purchased.
5.10 BEE GRACIOUS ETIQUETTE, LLC, is not liable for malfunctions by the network for data transmission.
6. Product Delivery
6.1 Unless otherwise agreed by the parties, delivery of the goods shall be to the Buyer’s home or business address. Services shall be provided online, through online classes, virtual classes, and/or in-person as confirmed by the invoice and services selected.
6.2 Delivery charges will vary based upon the type of service selected by the Buyer. The delivery charges will be confirmed in the invoice issued upon confirmed order.
6.3 All purchases of goods will be delivered by the courier selected (hereinafter “Courier”) from Monday to Friday, except on Saturdays, local or national holidays, and festivities. BEE GRACIOUS ETIQUETTE, LLC, is not responsible for unpredictable delays and/or attributable to only the Courier against whom complaints are made. Delivery times range from 1 to 3 working days for quick delivery and 4 to 7 working days for standard delivery.
6.4 In any case, except in cases of force majeure or unforeseeable circumstances. Products and/or services will be delivered within a maximum of thirty (30) days from the day following the conclusion of the contract in accordance with these terms and conditions, unless BEE GRACIOUS ETIQUETTE, LLC, shall communicate – within the same term or by the last date agreed for delivery (including by e-mail) the inability to deliver the products and/or services ordered due to sudden and temporary unavailability of the Products and/or services. In the event of such notification, BEE GRACIOUS ETIQUETTE, LLC, will refund any amounts already paid by the Buyer for payment for the goods.
6.5 In the event of a delay in the delivery date, the Buyer wishes to cancel the order, any amount paid by the Buyer shall be refunded as soon as possible, but no later than 30 (thirty) days from the date of receipt by BEE GRACIOUS ETIQUETTE, LLC, of notice of cancellation of the order, in accordance with the provisions in paragraph 10 below.
6.6 The delivery of products requires the presence of the Buyer or his representative at the address indicated in the order. At the time of delivery of the goods by the Courier, the Buyer shall verify;
(i) that the number of boxes is the same as reported in the transportation documents.
(ii) that the packaging is not damaged, or wet, or otherwise altered, including the sealing materials. Any damage in the packaging and/or the product or the mismatch of the number of items or information must be immediately notified in writing on the Courier’s proof of delivery. Once signed, the Courier’s transportation document without the customer has opposed any dispute, the Customer may not oppose objection on the external characteristic of the delivered package.
6.7 BEE GRACIOUS ETIQUETTE, LLC, will send the customer an e-mail confirmation once the products have shipped.
6.8 Risk of loss or damage to the goods to the Buyer upon delivery and acceptance by Buyer.
7. Returns
7.1 BEE GRACIOUS ETIQUETTE, LLC, wants to ensure complete customer satisfaction. The Buyer is entitled to withdraw from the contract without giving any reason, returning the Products and/or Services purchased on the Site within forty-eight (48) hours from the date of receipt of the Products or within forty-eight (48) hours prior to the start of the provision of services (for example 48 hours prior to the scheduled start of a class purchased as a service).
7.2 To exercise the right of withdrawal, the Buyer must send to the following address beegraciousetiquette@gmail.com an e-mail containing:
(i) the intention to exercise the right of withdrawal;
(ii) a description of the products/services for which the Buyer wishes to exercise the right of withdrawal;
(iii) the order number from BEE GRACIOUS ETIQUETTE, LLC, communicated at the moment of purchase confirmation.
7.3 In case of exercising the right of withdrawal, BEE GRACIOUS ETIQUETTE, LLC, will refund the full price of the goods provided that they are returned by the Buyer not worn, not used, and not damaged and accompanied by its original receipt and the same packaging used by BEE GRACIOUS ETIQUETTE, LLC. BEE GRACIOUS ETIQUETTE, LLC, accepts returns and exchanges only if the return instructions above are followed. With regards to services, so long as notice of withdrawal is received forty-eight (48) hours prior to the scheduled service, a full refund will be provided. However, if any goods related to the services have been provided prior to the scheduled service date, such goods must also be returned within the stated time frame before a full refund will be provided.
7.4 BEE GRACIOUS ETIQUETTE, LLC, reserves the right to refuse the return of those Products and/or Services that do not conform to these requirements. Refunds will be issued in the same method of payment used for purchase.
7.5 Each delivery contains easy-to-follow instructions for the return of the goods.
(a) BEE GRACIOUS ETIQUETTE, LLC, undertakes to refund the Buyer within and no later than 30 days from the date of receipt by the communication of the same order cancellation or withdrawal and will send an e-mail notification once the refund has been processed.
(b) It is recommended that the Buyer ship the products to be returned using the same carrier used by BEE GRACIOUS EITQUETTE, LLC, ensuring the full amount of the refund, and making sure to get a tracking number to allow you to track your shipment. BEE GRACIOUS EITQUETTE, LLC, will not be held responsible for the refund or the compensation related to products shipped by the Buyer but which were never received by BEE GRACIOUS EITQUETTE, LLC, due to loss, theft, or damage that may have resulted from it.
(c) Should the Buyer wish to cancel an order already sent the Buyer shall promptly send, an e-mail to beegraciousetiquette@gmail.com. BEE GRACIOUS ETIQUETTE, LLC, will do everything in order to meet the Buyer’s request. However, once the product has been shipped or the service provided, the order cannot be canceled or modified. The Products shipped will be returned, however, and in that case, will be referred to the procedure for returns described above.
8. Warranties
BEE GRACIOUS ETIQUETTE, LLC, makes no warranties, expressed or implied, except as specifically stated in these Terms and Conditions. Such warranties are in lieu of all other warranties, written or oral, statutory, express, or implied, including without limitation, any warranty of merchantability or fitness for a particular purpose. BEE GRACIOUS ETIQUETTE, LLC, shall in no event be liable for any incidental, special, or consequential damages of any nature, even if BEE GRACIOUS ETIQUETTE, LLC, has been advised of the possibility of such damages. In no event shall BEE GRACIOUS ETIQUETTE, LLC, total liability to Buyer for all damages, losses and causes of action (whether in contract, tort or otherwise) exceed the amount paid by Buyer, if any, for the value of the goods and services provided hereunder.
9. Termination by BEE GRACIOUS ETIQUETTE, LLC
BEE GRACIOUS ETIQUETTE, LLC, may terminate this agreement if the Buyer fails to make payment when due or substantially breaches any other obligation of these Terms and Conditions or the Sales Agreement. BEE GRACIOUS ETIQUETTE, LLC, may notify the Buyer in writing of such termination and recover from the Buyer payment for goods and/or services sold or work completed. The Buyer is liable for any and all costs incurred by BEE GRACIOUS ETIQUETTE, LLC, in connection with the collection of such unpaid funds.
10. Force Majeure
Provision of goods supplied to the Buyer covered by the Sales Agreement is contingent upon the non-occurrence of strikes, accidents, delays of carriers, delays of delivery, delay of personnel, or other causes unavoidable or beyond the control of BEE GRACIOUS ETIQUETTE, LLC. If the performance of the Sales Agreement or any obligation under the Sales Agreement is prevented, restricted, or interfered with by causes beyond either party’s reasonable control (“force majeure”), and if the party unable to carry out its obligations gives the other party prompt written notice of such event, then the obligations of the party Invoking this provision shall be suspended to the extent necessary by such event. The term Force Majeure shall include, without limitation, acts of nature, fire, explosion, vandalism, storm or other similar occurrences, orders or acts of military or civil authority, or by national emergencies, insurrections, riots, wars, supplier failures, shortages, breach, or delays. The excused party shall use reasonable efforts under the circumstances to avoid or remove such causes of non-performance and shall proceed to perform with reasonable dispatch whenever such causes are removed or ceased. An act or omission shall be deemed within the reasonable control of a party if committed, omitted, or caused by such party, or its employees, officers, agents, or affiliates.
11. Mediation and Arbitration
Any disputes between the parties hereto, whether arising under the Sales Agreement or otherwise, which the parties cannot resolve between themselves using good faith shall be referred to a court-certified mediator in NEW YORK, and any mediation shall be held in NEW YORK. The Buyer shall bear the cost of said mediation. In the event that said dispute is not resolved in mediation, the parties shall submit the dispute to a neutral arbitrator residing in NEW YORK. The arbitration shall be held in NEW YORK. If either party refuses to comply with a ruling or decision of the arbitrator and a lawsuit is brought to enforce said ruling or decision, it is agreed that the party not complying with the ruling or decision of the arbitrator shall pay all the court costs and reasonable legal fees incurred in enforcing the ruling or decision of the arbitrator. Any rights of injunctive relief shall be in addition to and not in derogation or limitation of any other legal rights.
12. Indemnity
The Buyer hereby agrees to indemnify BEE GRACIOUS ETIQUETTE, LLC, and undertake to keep BEE GRACIOUS ETIQUETTE, LLC, indemnified against any losses, damages, costs, liabilities, and expenses (including without limitation legal expenses and any amounts paid by BEE GRACIOUS ETIQUETTE, LLC, to a third party in settlement of a claim or dispute on the advice of its legal advisers) incurred or suffered arising out of any breach by Buyer of any provision of these terms and conditions or arising out of any claim that Buyer has breached any provision of these Terms and Conditions.
13. Liability
13.1 BEE GRACIOUS ETIQUETTE, LLC’s express liability under these Terms and Conditions shall be BEE GRACIOUS ETIQUETTE, LLC’s only liability and the Buyer’s only remedy for breach of this contract for the sale of goods and/or services and all other liability of BEE GRACIOUS ETIQUETTE, LLC, whether in contract, tort (including negligence) statute or otherwise is hereby excluded.
13.2 Nothing in these Terms shall limit or exclude BEE GRACIOUS ETIQUETTE, LLC’s liability for
13.2.1 death or personal injury resulting from its negligence
13.2.2 for fraud or fraudulent misrepresentation
13.3 In any event, the total liability of BEE GRACIOUS ETIQUETTE, LLC, in respect of beach of any contract for the sale of goods and/or services or any representation given in connection with such a contract, whether in contract, tort (including negligence) statute or otherwise shall be limited to the purchase price for the Goods.
13.4 In any event, BEE GRACIOUS ETIQUETTE, LLC, shall not be liable to the Buyer in respect of breach of any contract for the sale of goods and/or services or any representation given in connection with such a contract, whether in contract, tort (including negligence) statute or otherwise howsoever, for any consequential, indirect or special losses, any loss of use, profit, business, revenue or contract or any liability of the Buyer to any third party.
14. Communication
14.1 All notices shall be in writing and sent by registered U.S. Mail, facsimile or email to the address of the recipient stated in any quotation, order, or acknowledgment of order.
14.2 Notices shall be deemed to be received if sent by trackable method on the second day following the day of posting and, if sent by email or facsimile, on day of transmission (if sent before 4:00 pm).
15. General
15.1 Each right or remedy of BEE GRACIOUS ETIQUETTE, LLC, under the Contract is without prejudice to any other right or remedy of BEE GRACIOUS ETIQUETTE, LLC, whether under the contract or not.
15.2 No failure or delay by BEE GRACIOUS ETIQUETTE, LLC, to exercise any right, power, or remedy will operate as a waiver of it, nor will any partial exercise preclude any further exercise of the same, or of any other right, power or remedy.
15.3 The parties do not intend that any term of these Terms shall be enforceable by any person that is not a party of it.
15.4 For any complaints or to contact BEE GRACIOUS EITQUETTE, LLC, please email beegraciousetiquette@gmail.com or telephone 929-379-4777.
16. Data Protection
BEE GRACIOUS ETIQUETTE, LLC, will hold any personal information provided to it in confidence and in accordance with New York Law and other applicable data protection legislation. BEE GRACIOUS ETIQUETTE, LLC, will use such personal information for the administration and servicing of your purchase and all other related activities; BEE GRACIOUS ETIQUETTE, LLC, may disclose your personal information to its agents and service providers and other members of BEE GRACIOUS ETIQUETTE, LLC, for this purpose.
17. Copyright and Confidentiality
Copyright, trademarks, database rights, and all similar rights in this website and marketing materials are owned by BEE GRACIOUS ETIQUETTE, LLC, its licensors, or relevant third-party content providers. You may use the information on this site and reproduce it in hard copy for your personal reference only. Such information may not otherwise be reproduced, distributed, stored in a data retrieval system, or transmitted in any form or by any means without the prior written permission of BEE GRACIOUS ETIQUETTE, LLC. Nothing in our marketing materials or in this website should be considered granting any license or right under any trademark of BEE GRACIOUS ETIQUETTE, LLC, or any third party.