TERMS OF USE & PRIVACY POLICY

Terms of Use

Your use of this Website is governed by these Terms and Conditions. Please take a few minutes to review these Terms and Conditions. Your use of the bougiebeachcandle.com Website constitutes your agreement to follow these rules and to be bound by them. By placing an order with Bougie Beach, LLC, either through our Website, over the phone, or by any other medium, you are agreeing to our Terms and Conditions. You must be 18 years or older, and have a valid credit card, with full authority to use it, to submit an order for products or services through our Website. If you do not agree with any of these Terms and Conditions, please do not use the bougiebeachcandle.com Website.

 

Use of Website

The bougiebeachvida.com Website is for the sole use of individuals and entities wishing to review, consider, purchase or otherwise engage in retail transactions involving Bougie Beach, LLC goods and services and/or to otherwise transact business with or contact Bougie Beach, LLC, on their own behalf (or, in the case of a gift or a corporate transaction, on behalf of their intended recipients). We will not share transactional preferences of an individual customer (whether such customer is a person or an entity) with any third party not affiliated with Bougie Beach, LLC. This policy is intended to protect the privacy and freedom of Bougie Beach's customers and the personal relationship Bougie Beach, LLC works to develop with its customers and others authorized to use its website.

 

This Agreement contains provisions that limit our liability to you

This Terms of Use governs in the event there is any conflict or inconsistency between these Terms of Use and any other terms of use that appear on the Site. If you navigate away from the Site to a third party site, you are subject to their terms and conditions of use. In such event, the terms and conditions of use applicable to that website governs your use of that website.

Bougie Beach, LLC reserves the right to change or modify these Terms of Use or any policy or guideline of the Site at any time and in its sole discretion. Any changes or modifications will be effective immediately upon posting the revisions to the Site, and you waive any right you may have to receive specific notice of such changes or modifications. Your continued use of the Site will confirm your acceptance of such changes or modifications; therefore, you should frequently review these Terms of Use and applicable policies to understand the terms and conditions that apply to your use of our Site. If you do not agree to the amended terms, you must stop using the Site.

 

Site Security
Users of this Site are prohibited from violating or attempting to violate the security of this Site, including but not limited to: (1) accessing data not intended for such user or logging onto a server or account which the user is not authorized to access; (2) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (3) attempting to interfere with the services provided by this Site to any user, host or network by means including but not limited to submitting a virus to the Site, “spamming,” “crashing,” or otherwise overloading the Site; (4) sending unsolicited email or communications; (5) forging any information from this Site or leading to this Site in any email or newsgroup posting. Violations of this Site’s security may result in civil or criminal liability. In the event of an actual or perceived violation of the security of the Site, Bougie Beach, LLC will cooperate with law enforcement authorities in prosecuting users involved in such violations.
You are responsible for the security, confidentiality, and use of any user name, password or other personal identifier you use in connection with your use of this Site. You will be responsible to pay Bougie Beach, LLC or any third party vendors for any goods and/or services obtained through this Site if access to the Site was obtained, or any product or service purchased, through the use of such user name, password or other personal identifier. Bougie Beach, LLC may terminate your access to and use of this Site in accordance with the terms and conditions herein if you do not promptly pay any such amounts when due.

 

Eligibility
This Site is not targeted towards, nor intended for use by, anyone under the age of 13. If you are between the ages of 13 and 18, you may only use the Site under supervision of a parent or legal guardian who agrees to be bound by these Terms of Use.

 

Privacy

Please review our Privacy Policy, which also governs your use of this Site, to understand our practices with respect to the collection, use and dissemination of information collected through this Site. By accessing and using this Site, you acknowledge you have read and accepted the terms and conditions of our Privacy Policy and agree to be bound by its terms and conditions as though they were included herein in their entirety.

 

Terms of Sale

Bougie Beach, LLC has taken commercially reasonable measures to display products and services as accurately as possible through this Site. However, as colors and shapes may depend on your monitor and/or computer system, Bougie Beach, LLC cannot guarantee any such accuracy or accept responsibility or the return of such products due to such inaccuracies.

1. Acceptance of Order

Your placement of an order does not necessarily assure that we will accept your order. We reserve the right to refuse any order in our sole discretion. Before accepting your order, we may require additional information if you have not provided all of the required information required to complete your order. Once a properly completed order is received, authorization of your form of payment is received and you have received a confirmation email from us, we will promptly place your order. There may be a time when we need to contact you in regards to order delivery or pick up time or questions with your order.

2. Pricing and Availability

All prices for products (and the associated tax) are shown in U.S. dollars. All items are subject to availability and we reserve the right to impose quantity limits on any order, to reject all or part of an order, and to discontinue products without notice, even if you have already placed your order. All prices are subject to change without notice.

3. Payment Terms

Bougie Beach, llc currently accepts Visa, MasterCard, American Express, Discover, Paypal, Apple Pay. By submitting your order, you represent and warrant that you are authorized to use the designated credit card and authorize us to charge your order (including taxes) to that card. If the card cannot be verified, is invalid or is otherwise not acceptable, your order may be suspended or cancelled automatically.

4. Cancellation/Refunds

Orders can be cancelled at any time. Please review the Bougie Beach, LLC Cancellation & Refund Policy. 

 

Confirmation of Order

Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We may require additional verifications or information. We reserve the right at any time after receipt of your order to accept or decline your order for any reason. Other than as set out in these Terms and Conditions, we shall not be responsible for any loss or damage of any kind, which you might suffer by reason of us declining to accept or for cancelling your order.

 

Delivery

Delivery will be deemed to have taken place at the time Bougie Beach, LLC places an order in the possession of any carrier service (e.g., UPS, USPS, or Federal Express) for customer delivery. Bougie Beach, LLC is not responsible for lost, stolen or damaged goods once an order leaves our possession. If you choose a specific delivery date when placing your order, we will do our best to arrange delivery for that day. You acknowledge that requested delivery dates are non-binding estimates only and that you have no claim against us for any delays or early deliveries. Once your order is in the hands of the carrier we have no control over the delivery process and we recommend you choose a delivery date at least one day early to avoid disappointment. We reserve the right to make deliveries in installments which shall not relieve you from your obligation to accept and pay for remaining deliveries.

 

Intellectual Property rights

Unless otherwise indicated, the Site and all content and other materials therein, including, without limitation, the Bougie Beach, LLC logo and all designs, text, graphics, pictures, editorial content, information, data, formatting, software, sound files, look and feel, other files and the selection and arrangement thereof (collectively, “Site Materials”) are the proprietary property (“Proprietary Material”) of Bougie Beach, LLC or its licensors or users and are protected by U.S. and international copyright laws. Proprietary Material is protected in all forms, media and technologies now known or hereinafter developed. Bougie Beach, LLC owns all Proprietary Material as well as the coordination, selection, arrangement and enhancement of such Proprietary materials as a Collective Work under the United States Copyright Act, as amended. The Proprietary Material protected by the domestic and international laws of copyright, patents, and other proprietary rights and laws. Any use of such Proprietary Material, other than as permitted therein, is expressly prohibited without the prior permission of Bougie Beach, LLC and/or the relevant right holder.

You are granted a limited, non-sublicensable license to access and use the Site and Site Materials for personal, informational and shopping purposes only. Such license is subject to the Terms of Use and does not include: (a) any resale or commercial use of the Site or Site Materials; (b) the collection and use of any product listings, pictures or descriptions; (c) the distribution, public performance or public display of any Site Materials; (d) modifying or otherwise making any derivative uses of the Site and the Site Materials, or any portion thereof; (e) use of any data mining, robots or similar data gathering or extraction methods; (f) downloading (other than the page caching) of any portion of the Site, the Site Materials or any information contained therein, except as expressly permitted on the Site; or (g) any use of the Site or the Site Materials other than for its intended purpose. Any use of the Site or Site Materials other than as specifically authorized herein, without the prior written permission of Bougie Beach, LLC, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws, including, without limitation, copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms of Use shall be construed as conferring in any manner, whether by implication, estoppel or otherwise, any title or ownership of, or exclusive use-rights to, any intellectual property or other right and any goodwill associated therewith.

 

GENERAL DISCLAIMER
This site is provided on an "as is" and "as available" basis. Bougie Beach, LLC makes no representations or warranties of any kind, whether express, implied, or statutory, regarding this site or the products, services or information available on or through this site. Bougie Beach, LLC does not represent or warrant that your use of this site will be uninterrupted or error-free, or that any information or materials available on or through the site will be accurate, timely, complete, up-to-date, current, or free from typographical errors or alterations by third parties. Without limiting the foregoing, Bougie Beach, LLC hereby disclaims any and all warranties or merchantability, fitness for a particular purpose, title, non-infringement, and quiet enjoyment.

Limitations of Liability
In no event will Bougie Beach, LLC or its directors, officers, employees, agents or affiliates be liable to you or anyone else for any indirect, consequential, special, incidental, exemplary, punitive, or similar damages (including loss of use, loss of profits or loss of data) arising out of or related to the site or your use of the site, or for any decision made or action taken by you in reliance on the information or materials provided on or available through this site, regardless of the form of action, whether in contract, tort, or otherwise, and even if advised of the possibility of such damages and you agree to indemnify Bougie Beach, LLC for any such damages incurred or suffered.  
To the maximum extent permitted by applicable law, Bougie Beach, LLC total cumulative liability to you for all claims or suits arising from or related to this site, regardless of the form of action, shall in no event exceed the greater of the amounts paid by you to Bougie Beach, LLC in the twelve (12) months preceding the first such claim or one hundred dollars ($100), even if advised of the possibility of such damages. The existence of more than one claim or suits will not expand this limitation.

Governing Law: Jurisdiction
These Terms and Conditions of Use and the relationship between you and us relating to your use of the Site shall be governed by and interpreted in accordance with the laws of the State of Florida, without regard to any conflict of laws principles that would require the application of the laws of a different jurisdiction. You agree to submit to the personal jurisdiction of the state and federal courts located within Florida for any dispute, claim or action arising out of or related to your use of this Site or these Terms and Conditions of Use, and hereby waive any objections to the jurisdiction and venue of such courts.

Assignments
You may not assign or delegate any right or duty under these Terms and Conditions of Use or related to this Site without the prior written consent of an authorized officer of Bougie Beach, LLC. Any attempted assignment or delegation without such consent will be null and void from the beginning and without further effect. We may assign any right or duty under these Terms and Conditions of Use or related to the Site with or without notice to you. Subject to the foregoing, these Terms and Conditions of Use will be binding on and will inure to the benefit of you and us, and each of our respective representatives, heirs, administrators, successors and permitted assigns.

Waiver
No duty or breach of these Terms and Conditions of Use may be waived by any act, omission or knowledge by us, except by an instrument in writing expressly waiving the duty or breach and signed by an authorized representative of Bougie Beach, LLC. Any waiver (express or implied) by us of any duty or breach will not constitute a waiver of any other or subsequent duty or breach.

Communication
When you visit this Site or send e-mail correspondence or other communications to Bougie Beach, LLC, you are communicating with us electronically.  At times, Bougie Beach, LLC may communicate with you electronically by e-mail correspondence, by postings on this Site or otherwise. By communicating with Bougie Beach, LLC electronically, you acknowledge all terms and condition, agreements, notices, disclosures and other communications that we provide electronically satisfy any legal requirement that such communications be in writing.

Contacting Us
If you have questions about the Terms and Conditions of Use for this Site, or any other questions concerning the Site, please contact: Bougie Beach, LLC via email, staylit@bougiebeachvida.com

Entire Agreement
These Terms and Conditions of Use constitute the entire agreement between you and us with regard to your access to and use of this Site, and supersede all prior and contemporaneous negotiations, statements and agreements, whether written or oral, relating to the subject matter hereof.  In the event any provision of these Terms and Conditions of Use is held to be invalid or unenforceable, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent permitted under applicable law, and the remaining provisions will continue in full force and effect.