This website is under the management of Beach Essentials. All through this webpage and other webpages on this site, readers should note that the terms "us" "we" and “our” will be used to refer to Beach Essentials. The site, along with every bit of information it provides, as well as the tools and services offered here, has been made available to you upon your acceptance of our policies, terms, and conditions as stated here.
Every user visiting our site and/or making a purchase from us, automatically engages in our service and as such, will be held to the following “Terms of Service” as well as the additional policies and terms referenced herein and/or available via hyperlink. Our Terms of Service is applicable to every user visiting the website, including the users who are merchants, customers, browsers, and individuals who contribute content.
We implore all users to read our Terms of Service thoroughly before they access or use the site. As accessing the website or using our services is on its own an agreement to be bound by our terms and conditions. If you are not in agreement with these Terms of Service, then you should refrain from accessing or using this site. Should you consider these terms and conditions an offer, acceptance is limited to our Terms of Service.
Every new feature, tool, item or resource added in the future to the store as it is shall be subject to this Terms of Service. The current version of our Terms of Service will always be available on this page to be viewed by all users at any time. We reserve the right to make changes and update our terms and conditions by posting the changes and/or updates to the site. It is the responsibility of the user to check this webpage regularly for updates and changes on the terms. Accessing our website and using our services after an update on these Terms of Service constitutes acceptance of the updated terms and conditions.
Our online store is hosted on Shopify Inc. Shopify provides the e-commerce platform on which we offer our services and sell our products to our customers.
Section 1 – Online Store Terms
By agreeing to our Terms of Service, you indicate that you are at least the age of majority in the state, province or country which you reside in. Or that as an individual up to the age of majority in your state, province or country of residence, you consent to allow your minor dependents access and/or use this site.
You are prohibited from using our products to facilitate unauthorized or illegal activities. In using our services, you are also prohibited from violating any laws upheld within your jurisdiction. You must also refrain from transferring computer viruses or any destructive code to the website. Should you breach or violate these Terms of Service, your access to the site and use of our services will be terminated immediately.
Section 2 – General Conditions
We reserve the right to refuse any user access to our services for any reason whenever we deem it necessary. It is pertinent to understand that your information, excluding your credit card information which is always encrypted, may be shared in an unencrypted format in(a) transmissions over several networks; and (b) changes to adapt to technical demands of other devices or networks to be connected to.
You must also agree to not copy, duplicate, sell or exploit any part of our services, access to and use of the services as well as any contact on the website made available through our services without obtaining written permission from us. The headings included in these terms and conditions are only used for convenience purposes and will not otherwise affect the Terms of Service.
Section 3 – Accuracy, Completeness, and Timeliness of Information
We cannot be held responsible if the information provided on this site is inaccurate, incomplete or outdated. You should not make decisions solely based on the information available on this site without consulting more accurate, complete and current sources of information. Sole reliance on the material provided on this site for decision making is at your own risk.
This site may also offer historical information which is provided only for reference purposes. We reserve the right to change the contents made available on this website at any point in time, however, we are under no obligation to update the information on the site.It is the responsibility of the user to monitor the changes made on the website.
Section 4 – Modifications to the Service and Prices
The prices allocated to any of our products can change without prior notice. We reserve the right to make modifications to our services at any time without notice. We shall not be liable to any user for any change in price, modification or discontinuance of our service.
Section 5–Products or Services
Certain products or services may only be available for purchase online. These products which are exclusive to our online store may also be available in a limited quantity and are subject to exchange or return as expressed in our Return Policy.
We try our best to accurately display the images of our products as they are at the store. However, we cannot assure you that the screen of the device through which you are accessing our website will give an accurate reproduction of the images and colors of the products. We reserve the right, although we are by no means under any obligation, to limit the access to our services and/or sales of our products to any person, jurisdiction or geographic region. We may, however, exercise this right in cases we deem fit.
We reserve the right to limit the number of products or services made available on the site. The description and pricing of products on the website are subject to change at our sole discretion, at any point in time without notice. We are not obligated to continue with the sales of any product and they are subject to discontinuance at any point. Where the sales of a product have been discontinued or access to a service prohibited, any offer made for such a product or service on the website is void.
We cannot guarantee that the quality of the products or services offered on the website will meet your requirements neither can we guarantee that any errors in the products or services obtained will be corrected.
Section 6 – Processing of Orders
Every order received on the site is processed in the first 24 to 48 hours after purchase and customers are duly notified once an order is processed. It is pertinent to understand that an order of more than one product may be processed at different times.
Section 7 – Cancellation of Orders
Customers have the right to cancel an order within the first 24 hours after a purchase has been made. Following the cancellation of an order, a refund will be made within the next 5 days, however, this is dependent on the bank of the customer.
Customers can not cancel an order once 24 hours have elapsed after the purchase. This is because, by this time, we may have already delivered the product to the shipping company for delivery. If a cancellation is requested by a customer after 24 hours, we will do our best to cancel the order, although we are under no obligation to do so. In a case where canceling the order is no longer possible, the customer will have to wait until the product is delivered, then they can proceed to return it under our return policy.
Section 8 – Accuracy of Billing and Account Information
We reserve the right to refuse and cancel any order made by a customer. We reserve the right the limit the number of products purchased per order or per person. The restrictions placed on these orders may include orders that use the same account, the same credit card or the same shipping address. In the case where we make modifications to your order or cancel it, we will notify you of the changes using the e-mail address, phone number and/or shipping address provided by you when the order was made.
We reserve the right to limit orders placed by customers that we deem in our sole judgment to be dealers and/or distributors. You agree to provide us with accurate, complete and current account information for every purchase made on the website. You agree to update the details of your account including your credit card details and email address, to enable us to process your transactions and contact you whenever necessary. You can review our Returns Policy for more information.
Section 9 – Optional Tools
Beach Essentials may grant you access to third-party tools, however, we can not guarantee that we have control over the operations of such tools. You acknowledge that we provide access to these third-party tools as they are without any warranty or endorsement of any form.
These provided third-party tools are optional and we shall not be liable to any issues arising from the use of these tools. You acknowledge and agree that you use these tools at your own risk and we recommend they you familiarize yourself with the relevant third-party tools and their providers before using them.
Section 10 – Third-Party Links
Some of the products and services offered on our site have been made available via third-parties. The third party links provided on this website may direct you to third-party sites which are neither affiliated with nor operated by us.
We are not responsible for the evaluation of the quality of the content on these third-party sites neither are we responsible for any third-party website or the materials, products, and services therein. We shall not be liable for any damage resulting from the use of products, services or resources purchased from any third-party site or transactions made in connection with such third-party sites.
We implore that you thoroughly review the policies and practices of all third-websites before engaging their services. We will not entertain any complaint, claim or questions in connection with any third party website and such concerns will have to be directed to the third-party.
Section 11 – User Comments, Feedback, and Other Submissions
If you send certain submissions to us, for example, proposals, suggestions, and creative ideas, whether at our request or without a request, via email or post mail or left as a comment on the site, you give us your consent to allow us copy, edit, publish, distribute and use your forwarded content without restriction at any time on any medium. We are not under any obligation to (1) keep comments in confidence; (2) pay compensation to users for comments; or (3) respond to comments.
We may, however, we are not obligated to monitor, modify or delete content that we deem in our sole discretion to be offensive, unlawful, libelous, obscene, pornographic, threatening, defamatory or content that violates our terms and conditions or any party’s intellectual property. You agree that you will not post any objectionable or libelous content or transfer any computer virus or malware that could impair our services and by extension, the website. You further agree that any content you submit will not violate the policies and proprietary or personal right of any third-party including privacy, trademark, and copyright.
Also, you are prohibited from using a false identity, claiming another person's identity or employing other means of false identification that could mislead us or third-parties as to the user behind a comment. All users are responsible for every comment they make and we shall not assume liability for comments made by a user or any third-party.
Section 12 – Personal Information
Section 13 – Errors, Inaccuracies, and Omissions
Sometimes, the information on our website may be inaccurate either based on typographical errors or omissions. These inaccuracies may be found in pricing, product descriptions, availability, shipping costs, offers, and promotions. We reserve the right to correct these inaccuracies in the information we provide and to update this information without notice, even after you may have made an order related to the modified information.
We are under no obligation to modify or update information related to our products and services except as required by law. It should not be assumed that that information provided on the website has been updated or modified based on a specified update or refresh date.
Section 14 – Prohibited Uses
In addition to the other prohibitions stated in these Terms of Services, you are also prohibited from using our website or the content herein: (a) for unlawful or illegal purposes; (b) to solicit other individuals to engage in unlawful acts; (c) to infringe upon any international, federal, provincial or state laws, rules and regulations; (d) to infringe upon our intellectual property rights or that of others; (e) to abuse, disparage, harass, harm, insult, slander, intimidate, or discriminate against others based on age, religion, race, ethnicity, gender, sexual orientation, nationality or disability; (f) to post wrong or misleading information; (g) to transmit computer viruses or any other type of destructive code that could upset the smooth running or functionality our website, any related website or the internet as a whole; (h) to collect and/or monitor the personal data of others; (i) to spam, phish, pretext or crawl; (j) for any obscene, objectionable or offensive purpose; or (k) to bypass or interfere with the security features of our website, any related website or the internet as a whole. We reserve the right to terminate your access to our website and your use of our services should you violate any of the aforementioned prohibitions.
Section 15 – Disclaimer of Warranties and Limitation of Liability
We do not guarantee that the services we offer will be secure, prompt, steady or error-free. Neither do we guarantee accuracy in the results obtained from the use of our provided services. You acknowledge that occasionally, we may cancel certain services or discontinue them indefinitely without notifying you. You agree that your use of, or your inability to use our service as the case may be is solely at your own risk. You further agree that unless stated by us, all the products and services we offer will be made available to you as is it and without any express or implied warranty or conditions of any kind.
Under no condition shall Beach Essentials, our directors, employees, interns, partners, agents, suppliers, contractors, licensors or service providers be liable for any injury, loss or any kind of damage be it direct, indirect, punitive, incidental or consequential without limitation loss of data, lost savings, lost revenue, lost profits, replacement costs and other related damages, whether based in tort, contract or otherwise, arising from your use of any of our products or services, even if advised of their possibility. Ascertain jurisdictions do not recognize the limitation of liability for damages, whether incidental or consequential, in such jurisdictions, the liability of Beach Essentials shall be limited to the maximum extent as allowed by the law.
Section 16 – Indemnification
You hereby agree to indemnify, defend and hold Beach Essentials, our partners, subsidiaries, directors, contractors, employees, interns, suppliers, licensors and service providers harmless from any third-party demand or claim, including plausible attorneys’ fees, made as a result of your violation of our Terms of Service, the laws of a third-party and/or documents incorporated by reference.
Section 17 – Severability
In the event that any provision of our terms and conditions is deemed to be unenforceable, void or unlawful, such provision shall notwithstanding be enforced to the fullest extent as allowed by the law where it is applicable and the portion which was determined to be unenforceable, severed from these Terms of Service. Such determination will, however, have no influence on the enforceability and validity of the other provisions.
Section 18 – Termination
The liabilities and obligations incurred by the parties before the termination date shall be upheld by this agreement for all purposes. Unless terminated by Beach Essentials or you, these Terms of Service are and will remain effective. You are at liberty to terminate our terms and conditions at any point in time by notifying us of your interest in discontinuing our services. You also terminate these Terms of Service when you stop using our website.
We reserve the right to terminate our services if we determine that you have failed to comply with or breached the terms of this agreement. You agree that we may terminate this agreement at our sole discretion at any time we deem fit without notifying you. You further acknowledge and agree that we may accordingly, deny you access to our website and that you will remain liable for all amounts due up to the date of termination.
Section 19 – Entire Agreement
Our failure to enforce any provision of our Terms of Service or exercise our right does not constitute a waiver of such provision or right.
Our Terms of Service, as well as other policies established by Beach Essentials on this website, constitutes the full agreement between you and us. These Terms also govern your use of our services and shall supersede all previous versions of these Terms of Service in addition to any prior agreements and communications (oral and/or written) between you and us. Should there be any ambiguities in the interpretation and explanation of these Terms of Service, such ambiguities shall not be held against the drafting party.
Section 20 – Governing Law
Our Terms of Service, as well as any other separate agreements between you and us in connection with the services we provide, shall be governed by and construed in accordance with the laws of Spain.
Section 21 – Changes to Terms of Service
The current version of these Terms and Services will be available on this page for review at all times. We reserve the right to change or update any portion of these Terms of Service by posting the updated version on our website. It is the responsibility of the user to check this webpage regularly for updates and changes on the terms. Accessing our website and using our services after an update on these Terms of Service constitutes acceptance of the updated terms and conditions.
Section 22 – Contact Information
Please, you can contact us if you have any questions about these Terms of Service.