Terms of service
Please review the following terms and conditions ('Terms of Use') that govern your use and purchase of products (collectively, 'Use') of our Site. Your Use of our Site constitutes your agreement to follow and be bound by the Terms of Use.
General
Please review the following terms and conditions ('Terms of Use') and our other policies that govern your visit to our Site and your use and purchase of products from our Site (collectively, 'Use'). Your Use of our Site constitutes your acceptance of, and agreement to follow and be bound by, such policies and by the Terms of Use. ShopBeek.com reserves the right, at any time, to modify, alter or update our Site, policies and these Terms of Use.
Site Contents
Unless otherwise noted, the design of the Site, the Site as a whole, and all materials that are part of the Site (collectively, 'Contents') are copyrights, trademarks, trade dress or other intellectual properties owned, controlled or licensed by ShopBeek.com or its subsidiaries and affiliates.
Comments, Feedback and Other Submissions
We welcome your comments and feedback regarding our Site, our products and our services. We do not, however, accept confidential or proprietary information. Accordingly, all comments, feedback, ideas, suggestions, materials, information and other submissions disclosed, submitted or offered to ShopBeek.com using this Site or otherwise (collectively, 'Comments') are not confidential and will become and remain ShopBeek.com’s property. The disclosure, submission or offer of any Comments will constitute an assignment to ShopBeek.com of all worldwide rights, titles and interests and goodwill in the Comments without payment of any compensation. Comments submitted by you must not violate any right of any third party, and must not contain any libelous, abusive, obscene or otherwise unlawful material.
The Contents are intended solely for your personal, noncommercial use. Music may not be copied except only as necessary to access the Site. You may copy other Contents displayed on the Site for your personal, noncommercial use only. No right, title or interest in any Contents is granted or transferred to you as a result of any such copying. Except as noted above, you may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, any of the Contents or the Site. Unauthorized use of the Contents is expressly prohibited by law, and may result in severe civil and criminal penalties.
Links to Other Websites and Services
This Site may include links to other Internet sites maintained by third parties ('Linked Sites'). ShopBeek.com provides Linked Sites to you solely as a convenience, and the inclusion of Linked Sites does not imply endorsement by ShopBeek.com of the Linked Sites. You access Linked Sites at your own risk and by accessing them you leave the ShopBeek.com Site. Linked Sites are not under the control of ShopBeek.com and ShopBeek.com is not responsible for the contents of any Linked Site.
Microsoft Mapping Privacy and Terms of Use
Your use of mapping available on this Website is governed by the Microsoft Terms of Use and Microsoft Privacy Statement. Microsoft reserves the right to change the Microsoft Terms of Use and Privacy Statement at any time, at their sole discretion. For additional information, please see Microsoft Terms of Use and Microsoft Privacy Policy.
Merchandise Availability
Merchandise availability on our website is not guaranteed as it may be low in stock. If merchandise is not available by the time your order processes, we will notify you of this via email. You can always verify availability by calling Customer Service at 1.949.734.0506 or via the Customer Service link in the upper right-hand corner of our homepage. You will receive a shipping confirmation email once your items have shipped.
Product Information
The prices displayed on the Site are quoted in U.S. dollars, unless otherwise indicated.
Please note that while we have tried to accurately display the colors of products, the actual colors you see will depend on your monitor and may not be accurate.
Disclaimer, Limitation of Liability and Indemnity
EXCEPT AS OTHERWISE EXPRESSLY PROVIDED, THIS SITE, ALL CONTENTS AND ALL PRODUCTS AND SERVICES ARE PROVIDED ON AN 'AS IS' BASIS. SHOPBEEK.COM DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTIBILITY AND FITNESS FOR A PARTICULAR PURPOSE. SHOPBEEK.COM DOES NOT WARRANT THAT YOUR USE OF THIS SITE WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT THIS SITE OR ITS SERVER ARE FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS. ALTHOUGH SHOPBEEK.COM ENDEAVORS TO PROVIDE ACCURATE INFORMATION, IT DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE ACCURACY OR RELIABILITY OF INFORMATION ON THIS SITE. YOUR USE OF THE SITE IS AT YOUR OWN RISK. NEITHER SHOPBEEK.COM NOR ITS AFFILIATED OR RELATED ENTITIES OR ITS VENDORS OR CONTENT PROVIDERS SHALL BE LIABLE TO ANY PERSON OR ENTITY FOR ANY DIRECT OR INDIRECT LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE, SPECIAL OR OTHERWISE), INJURY, CLAIM, OR LIABILITY OF ANY KIND OR CHARACTER WHATSOEVER BASED UPON OR RESULTING FROM YOUR USE OR INABILITY TO USE THIS SITE, OR ANY INFORMATION OR MATERIALS PROVIDED ON THE SITE. SHOPBEEK.COM IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH THE SITE OR ANY MATERIALS ON THE SITE, OR WITH ANY OF SHOPBEEK.COM'S TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS SHOPBEEK.COM, ITS SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, DISTRIBUTORS, VENDORS AND AFFILIATES FROM AND AGAINST ANY AND ALL THIRD PARTY CLAIMS, DEMANDS, LIABILITIES, COSTS OR EXPENSES, INCLUDING REASONABLE ATTORNEYS' FEES, RESULTING OR ARISING OUT OF YOUR BREACH OF ANY OF THESE TERMS OF USE.
Denial of Access
These Terms of Use constitute an agreement that is effective unless and until terminated by ShopBeek.com. If in ShopBeek.com s sole discretion you fail to comply with any term or provision of this agreement, ShopBeek.com may deny you access to the Site. In the event of denial of access by ShopBeek.com, you are no longer authorized to access the Site, and the restrictions imposed upon you with respect to material copied or downloaded, and the disclaimers and limitations of liabilities set forth in these Terms of Use, shall continue in force. These Terms of Use constitute the entire agreement between you and ShopBeek.com relating to the subject matter addressed herein.
Applicable Law
The law applicable to the interpretation and construction of these Terms of Use and any transaction (including purchases made on this Site) using or related to the Site, shall be the laws of the State of California, USA without regard to principles of conflict of laws. You agree that all matters relating to your access to or use of the Site, including all disputes, will be governed by the laws of the United States and by the laws of the State of California. All proceedings relating to the Site, these Terms of Use, or any transaction, including the sale of any products, using this Site, shall be brought only in the state or federal courts of Orange County, Newport Beach, California, USA, and you and ShopBeek.com do hereby consent to the jurisdiction and venue of such courts.
Mobile Terms & Conditions
EARLY AUTUMN, INC (dba ”beek”) offers its customers marketing and promotional mobile alerts (e.g. cart reminders) by text message on 357859 as well as order, shipping, and delivery notifications by text message on 357859 (The “Service”). By participating in the Service, you are agreeing to these Terms and to the Privacy Policy.
beek is headquartered at 415 29th Street Newport Beach, CA 92663 and may send text messages from this address.
IMPORTANT NOTICE: THIS AGREEMENT CONTAINS A BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER THAT AFFECTS YOUR LEGAL RIGHTS, AS DETAILED IN THE ARBITRATION & CLASS ACTION WAIVER SECTION BELOW. PLEASE READ CAREFULLY.
Signing Up and Opting-In to the Service
Enrollment in the Service requires you to provide your mobile phone number and to agree to these terms and conditions. Only United States mobile numbers are eligible to participate. You may not enroll if you are under 18 years old. Before the Service will start, you will need to agree to these Terms. Beek reserves the right to stop offering the Service at any time with or without notice. Beek also reserves the right to change the short code, phone number, or RCS agent from which messages are sent, and we will notify you when we do so.
By opting into the Service, you:
A. Authorize beek to send recurring text messages, which may be automated or AI-generated, to the mobile phone number associated with your opt-in (i.e., the number listed on the opt-in form or, if none, the number from which you send the opt-in, or, if none, the number on file for the account associated with your opt-in) at any time and frequency.
B. Acknowledge that you do not have to agree to receive messages as a condition of purchase.
C. Confirm that you are the subscriber to the relevant phone number or that you are the customary user of that number on a family or business plan and that you are authorized to opt in.
D. Consent to the use of an electronic record to document your opt-in. To request a free paper or email copy of the opt-in or to update our records with your contact information, please email help@thebeeknest.com or visit us at https://www.beekshop.com/pages/contact. To view and retain an electronic copy of these Terms or the rest of your opt-in, you will need (i) a device (such as a computer or mobile phone) with Internet access, and (ii) and either a printer or storage space on such device. For an email copy, you'll also need an email account you can access from the device, along with a browser or other software that can display the emails.
Content You May Receive
Once you affirm your choice to opt-in to the Service on 357859, the timing and frequency of messages may vary based on your interactions and initiated texts. You may receive alerts about:
A. Sale promotions
B. Event information
C. Product launch announcements
D. Cart reminders
E. Back in stock alerts
F. Price drop alerts
G. Low inventory alerts
Once you affirm your choice to opt-in to the Service on 357859, your message frequency may vary based on your interactions and initiated texts. You may receive alerts about:
A. An order has been placed
B. An order has been shipped
C. An order has been delivered
Forwarded Messages or Referrals
If you forward or share links contained in text messages from beek, any interactions with those links (including clicks, sign-ups, or browsing activity) may trigger notifications or follow-up messages sent to you. Standard message and data rates may apply.
Charges and Carriers
Message and data rates may apply. Please consult your service agreement with your wireless carrier or contact your wireless carrier to determine your phone's pricing plan and the charges for sending and receiving text messages. You acknowledge that you are responsible for any message, data or other charges incurred (usage, subscription, etc.) as a result of using the Service.
Supported carriers are AT&T, T-Mobile, Verizon Wireless, Sprint, Boost, Virgin Mobile, U.S. Cellular, Cricket, Alltel, Cincinnati Bell, Cellcom, C-Spire, nTelos, MetroPCS, and other smaller regional carriers. The Service may not be available on all wireless carriers. Beek may add or remove any wireless carrier from the Service at any time without notice. Beek and the mobile carriers are not responsible for any undue delays, failure of delivery, or errors in messages.
To Stop the Service
To stop receiving text messages from beek, text the word STOP, QUIT, END, REVOKE, OPT OUT, CANCEL, or UNSUBSCRIBE to 357859 any time or reply STOP, QUIT, END, REVOKE, OPT OUT, CANCEL, or UNSUBSCRIBE to any of the text messages you have received from Beek. You can also contact us at help@thebeeknest.com or by visiting https://www.beekshop.com/pages/contact. These are the exclusive methods for opting out. After opting out, you will receive one additional message confirming that your request has been processed.
Questions
You can text HELP for help at any time to 357859. This will provide you with our customer service information at help@thebeeknest.com. You can also contact us at 415 29th Street Newport Beach, CA 92663.
Changes to Terms
These Mobile Terms and Conditions are subject to change at any time without notice.
Arbitration and Class Action Waiver
Please read this SECTION carefully. It affects your rights. BY OPTING into the service, you agree that Any dispute or claim relating in any way to your use of [beek’s services] will be resolved by binding Individual arbitration, rather than in court, except as expressly Provided below.
This agreement to arbitrate is intended to be broadly interpreted, and expressly includes claims brought under the Telephone Consumer Protection Act, 47 U.S.C. § 227 et seq., and any other Federal or state statute, regulation, or legal or equitable theory to the fullest extent permitted by law. You and beek hereby agree that the Federal Arbitration Act, 9 U.S.C. 1, et seq. (“FAA”) applies to this agreement to arbitrate and governs all questions of whether a dispute is subject to arbitration. Unless you and we agree otherwise in writing, arbitration shall be administered by [the American Arbitration Association’s Consumer Arbitration Rules (the “AAA’s Rules”)/JAMS’s Consumer Arbitration Rules (“JAMS’s Rules”)] in effect at the time of filing of the arbitration. However, just as a court would, the arbitrator or arbitrators must be neutral and must honor the terms and limitations in this Agreement, and can award damages and relief (including any attorneys’ fees) authorized by law and/or [the AAA’s/JAMS’s] Rules. The arbitration decision and award is final and binding, with some exceptions under the FAA, and judgment on the award may be entered in any court of competent jurisdiction. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND beek ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN ANY CLASS, REPRESENTATIVE, OR COLLECTIVE PROCEEDING.
THIS AGREEMENT DOES NOT ALLOW FOR CLASS ARBITRATIONS EVEN IF THE PROCEDURES OR RULES OF THE [AAA/JAMS] WOULD. RATHER, YOU AND WE ARE ONLY ENTITLED TO PURSUE ARBITRATION ON AN INDIVIDUAL, BILATERAL BASIS. HOWEVER, IF 25 OR MORE SIMILAR DEMANDS FOR ARBITRATION ARE FILED AND THE DEMANDS WOULD OTHERWISE QUALIFY AS A MASS ARBITRATION UNDER [the AAA’s/JAMS’s] RULES, THE ARBITRATION WILL PROCEED UNDER THE [AAA MASS ARBITRATION SUPPLEMENTARY RULES/JAMS MASS ARBITRATION PROCEDURES]. [UNLESS YOU AND [COMPANY] AGREE OTHERWISE IN WRITING, IF THE [AAA MASS ARBITRATION SUPPLEMENTARY RULES/JAMS MASS ARBITRATION PROCEDURES] DO NOT APPLY, THE ARBITRATOR(S) MAY NOT CONSOLIDATE MORE THAN ONE INDIVIDUAL PARTY’S CLAIMS WITH ANY OTHER PARTY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR COLLECTIVE PROCEEDING.
Prior to initiating any arbitration, you must first provide [beek] with a written notice of dispute at 415 29th Street Newport Beach, CA 92663 that contains: (a) your name and phone number(s); (b) the nature and basis of the claim; (c) the specific relief sought; and (d) your signature. beek will provide you with similar notice. We agree to attempt in good faith to resolve the dispute for at least 30 days before commencing arbitration.
Unless the [AAA Mass Arbitration Supplementary Rules/JAMS Mass Arbitration Procedures] apply, if you initiate arbitration against [beek], you must pay the minimum consumer arbitration fee set forth in [AAA Mass Arbitration Fee Schedule/JAMS’s Consumer Arbitration Minimum Standards], unless waived for indigency, and [COMPANY] will pay all other arbitration administrative or filing fees, including the arbitrator and/or JAMS case management fees. You and beek are each responsible for your respective costs relating to counsel, experts, and witnesses, as well as any other costs relating to the arbitration.
The following claims are not subject to this agreement to arbitrate: (a) claims that qualify for resolution in small claims court, provided the claim remains in that forum and is pursued on an individual basis; and (b) claims for infringement or misappropriation of intellectual property rights.
This agreement to arbitrate does not preclude you from bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf.
If any term of this Section (Arbitration and Class Action Waiver) is to any extent illegal, otherwise invalid, or incapable of being enforced, such term shall be excluded to the extent of such invalidity or unenforceability; all other terms hereof shall remain in full force and effect; and, to the extent permitted and possible, the invalid or unenforceable term shall be deemed replaced by a term that is valid and enforceable and that comes closest to expressing the intention of such invalid or unenforceable term. If application of this Severability provision should materially and adversely affect the economic substance of the transactions contemplated hereby, the Party adversely impacted shall be entitled to compensation for such adverse impact, provided the reason for the invalidity or unenforceability of a term is not due to serious misconduct by the Party seeking such compensation.