OVERVIEW

 

This website is operated by Beamingdesign. Throughout the site, the terms “we”, “us” and “our” refer to Beamingdesign. Beamingdesign offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

 

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”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. 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.

 

Please read these Privacy Policies and Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Privacy Policies and Terms of Service. If you do not agree to all the Privacy Policies and terms and conditions of this agreement, then you may not access the website or use any services.

 

Any new features or tools which are added to the current store shall also be subject to the Privacy Policies and Terms of Service. You can review the most current version of the Privacy Policies and Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Privacy Policies and 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.

 

ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your country, state or province of residence, or that you are the age of majority in your country, state or province of residence and 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 unauthorised purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.

 

GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time. By visiting and using our website and services, you must be of legal age or you are supervised by an adult.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

 

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.

 

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 at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

 

PRODUCTS OR SERVICES

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.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We 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.

 

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 e-mail 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 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.

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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 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.

 

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. Before visiting any of these third party websites, please read carefully their Privacy Policies.
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.

 

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. You may not use a false e-mail 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.

 

PERSONAL INFORMATION

Your right to privacy is important. The following terms are provided to explain how we collect and use information about you so that you can make an informed choice about using any of our Websites.

Beamingdesign.eu, Beamingdesign.be, Beamingdesign.org, Beamingdesign.net and all its subdomains, is keen to strike a fair balance between your personal privacy and ensuring that you obtain full value from the products and services it provides, while ensuring that it complies with all protection the Data Protection Act 1998 (‘the Act’) and the new GDPR Act affords to you. Any personal data used by us will be hold securely.

For our customers in Canada, we comply with the Personal Information Protection and Electronic Documents Act (PIPEDA) (detailed information below)

For our customers in South Africa, we comply with the POPI Act (detailed information below)

For our customers in India, we comply with the Personal Data Protection Bill (PDPB) (detailed information below)

For our customers in South Asia, we comply with the Privacy Laws of South Asia. (detailed information below)

 

Here is what personal information is used by our website and how:

1. Beamingdesign gathers only personal information provided by you, the customer, when you complete an order with our website. The personal data requested are crucial for your order (package) to reach you. This data includes your full name, address, apartment number if any, City of residence, Country of residence, email address and phone number. Once your order is fulfilled by us, this data is stored and used, only if you contact us again for any reason. You also have the right to delete your account and all your data at any time.

2. Wix.com is an online platform which offers us a safe and easy environment for you to enjoy your shopping with us. You can read all about their commitment to your privacy on their website.

3. For users who choose Express Shipping for their orders, the information they have provided is used and entered in UPS platform, in order to create a shipping label and add the shipping procedure in their system. Read all about their policies here

Further Personal data is not stored nor captured through our Websites or our Products, and all the above data are stored only after the prior knowledge and consent of Users. Where personal information is captured (eg through web-based forms for feedback, registration, requests, etc), the User will be informed as to what personal information is being collected, who will use it, and for what purpose(s) it will be used. Any personal data that you give us will be treated with the utmost care and security. We will hold your personal information on our systems for as long as it is still used for the purpose stated when originally requested.

Now with the General Data Protection Regulation (GDPR) having taken effect, on May 25th 2018, we have updated our Privacy policies in order to provide you a better and safe browsing experience to our services and websites.

 

New User Registrations: When you decide to visit and use our online store, you give us consent by entering the information requested by you, to use this information to issue an invoice to you or your company, for the services provided. The information requested by you, include your Full name and/or company name, Telephone number, email address, physical address of home (if you are an individual) or company’s physical address (if you are acting on behalf of a company), European VAT number (if applicable and if you are a European registered company). Out of all this information related to you, mandatory are only the fields marked with an asterisk (*) needed to issue a valid invoice to you or your company. All other information are not mandatory, and you have the right not to provide us further information. By visiting and using our website and services, you must be of legal age or you are supervised by an adult.

By entering all mandatory fields in order to register to our website service you are giving us consent to use this data to issue your invoice and send it to your email, send you via post office the goods you purchased to the physical address you provided and store this data in our website platform securely. Also, by completing the payment requested to use our services, you are also giving us explicit consent again to use the data you provided for all the above purposes. We will never provide this data to any 3rd party software or company and we will not use this data for marketing purposes. You are able to delete your account at any moment. You control all your data.

 

Contact Forms: By sending us an email or an inquiry, you agree that we will use your Full name and your email account as means to contact you via email in order to respond to your inquiry. Your Full name and email are only stored to our email server, only to be used by us for the purpose of contacting you for that specific inquiry. Your Full name and email will not be used to subscribe you to any mailing list or marketing list and for any reason. Your Full name and email will not be sold to any third party software or company. According to European Law, by clicking the button “SEND” on the contact form, you consent to provide to our company with your Full name and email address, along with your inquiry. According to Definition under the GDPR: data consisting of racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, genetic data, biometric data, data concerning health or data concerning a natural person’s sex life or sexual orientation. For all above sensitive information, an explicit consent is mandatory. Since we are not requesting any sensitive information from you when you contact us via any of our contact forms, your explicit consent is given to us by you when you click check the box provided in the forms and by clicking SEND, to use your Full name and email along with the purpose of your communication with our company, in order to contact you back to respond to your inquiry. No further use of your Full name and email is made.

 

Comments under posts: When you are visiting our website from a link you found on 3rd party websites (such as Facebook, Twitter, Pinterest, etc), you are making that choice on your own. When you decide that you wish to leave a comment to our website, you are giving consent to Beamingdesign, to store this comment publicly and on our website platform. To make the commenting experience better, we are using third party Plugins and software in order to achieve that experience. You can read all about WordPress GDPR policies here and you can read all about their GDPR policies here

 

Shop hosted on WIX.COM: Please read all about their GDPR policies and compliance on their website

 

Social Media references in our website: We are using 3rd party plugins in our website in order to provide a more intuitive and unified experience while browsing our website. These 3rd party plugins are complying with all the major Social Media platforms GDPR policies. Here is a list of these Social Media platforms and their GDPR policies.

Facebook: Read all about their GDPR compliance and policies on their website.

Twitter: Read all about their GPR compliance and policies on their website.

Pinterest: Read all about their GPR compliance and policies on their website.

Instagram: Read all about their GPR compliance and policies on their website.

 

Google Analytics: We are using Google Analytics services in order to track demographics and visitors numbers (not personal data or sensitive data). This service allows us to gain insights of the visitors (only as demographics and not for any single visitor) and provide a more personalized ad campaign when we run one. We do not collect any data from these demographics and all demographic data are stored in Google Inc. servers. You can read all about Google Analytics GDPR compliance and policies here:

 

SSL: Our website is secure and has a live SSL certificate installed. SSL stands for Secure Sockets Layer, an encryption technology. No personal data is collected from this service.

 

Website Security: We are using services which provide security to our website(s) from attacks. Data collected from this service is only on an IP level (Internet Protocol) level. IP addresses alone, do not provide personal data of the attacker. Combined with 3rd party software we can track and/or ban these IP addresses which are attacking our website (something which is against the law) and provide all results to the cybercrime authorities when we find fit.

 

SEO: We are using 3rd party plugins in order to maximize the presence of our website(s) and content online. For this purpose we do not collect any personal data. You can read all about our 3rd party plugin GDPR compliance here:

 

PayPal: We are using PayPal as our payment gateway. You can read all about PayPal GDPR compliance on their website.

 

Stripe: We are using Stripe as our payment gateway. You can read all about Stripe's GDPR compliance on their  website.

 

 

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 to change or update information or 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.

 

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.

 

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 Beamingdesign, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors 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 any 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.

 

INDEMNIFICATION

You agree to indemnify, defend and hold harmless Beamingdesign and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, 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.

 

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.

 

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).

 

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 and 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.

 

GOVERNING LAW

These Terms of Service shall be governed by and construed in accordance with the laws of Belgium. The user or client using our Service further submit to and waive any objections to personal jurisdiction of and venue in the following forum: Antwerp Commercial Court, Antwerp division, Belgium, for any disputes arising out of our Service.

 

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.

 

CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at support@beamingdesign.eu