Terms of service

OVERVIEW

Welcome to Beachly! The terms "we", "us" and "our" refer to Beachly. Beachly operates this store and website, including all related information, content, features, tools, products and services in order to provide you, the customer, with a curated shopping experience (the "Services"). Beachly is powered by Shopify, which enables us to provide the Services to you.

The below terms and conditions, together with any policies referenced herein (these "Terms of Service" or "Terms") describe your rights and responsibilities when you use the Services.

Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.

By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy [LINK]. If you do not agree to these Terms of Service or Privacy Policy, you should not use or access our Services.


SECTION 3 - ORDERS

When you place an order, you are making an offer to purchase. Beachly reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until Beachly confirms acceptance. We must receive and process your payment before your order is accepted.

Please review your order carefully before submitting, as Beachly may be unable to accommodate cancellation requests after an order is accepted. In the event that we do not accept, make a change to, or cancel an order, we will attempt to notify you by contacting the e-mail, billing address, and/or phone number provided at the time the order was made.


SECTION 6 - INTELLECTUAL PROPERTY

Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics, product reviews, video, and audio, and the design, selection, and arrangement thereof, are owned by Beachly, its affiliates or licensors and are protected by applicable patent, copyright and other intellectual property laws.

These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Services without our prior written consent.

Except as expressly provided herein, nothing in these Terms grants or shall be construed as granting a license or other rights to you under any patent, trademark, copyright, or other intellectual property of Beachly, Shopify or any third party.

All rights not expressly granted herein are reserved by Beachly.

Beachly's names, logos, product and service names, designs, and slogans are trademarks of Beachly or its affiliates or licensors. You must not use such trademarks without the prior written permission of Beachly.


SECTION 9 - RELATIONSHIP WITH SHOPIFY

[NOTE TO MERCHANT: This section accurately characterizes Shopify's relationship with your store and should not be removed or modified.]

Beachly is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our Store are made directly with Beachly.

By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Beachly, including any injury, damage, or loss resulting from purchased products and services.

You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with Beachly.


SECTION 22 - 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 federal and state or territorial courts in the jurisdiction where Beachly is headquartered.

You and Beachly consent to venue and personal jurisdiction in such courts.