T & Cs
This Agreement applies to all Site visitors and users of the Site or BEAU Services. If you don't agree with any term or condition in this Agreement, please don't use the Site or any BEAU Service. If you have any questions, please email us: firstname.lastname@example.org
1. ABOUT BEAU
BEAU operates an online shopping site on the Site and on social networking platforms controlled by BEAU such as the BEAU Facebook page, the BEAU Instagram and the BEAU Twitter feed (collectively, the "BEAU Online Community").
BEAU offers its customers various products and services, including suits, jackets, pants, shirts and accessories, (collectively, the "BEAU Services").
2. BEAU MEMBERSHIP
BEAU customers may subscribe to become members of our Bespoke Club (“The Club”). The Club gives its members large discounts on our already low prices for custom clothing. The various prices are detailed on our website and in our stores.
BEAU offers one Membership type with automatic renewal: a rebillable annual Membership ("Annual Membership").
Annual Membership: By purchasing an Annual Membership, you agree to an initial pre-payment for one full year of service and a recurring Annual Membership renewal fee at the then-current Annual Membership rate.
AUTOMATIC ANNUAL RENEWAL TERMS: We bill your credit card for the Annual Membership renewal fee in the first month of your next Annual Membership.
For example, let's say you purchased an Annual Membership beginning in April 2016 and ending in March 2017. We will bill you for the second year (April 2017 to March 2018) in April 2017, unless you cancel your Annual Membership before April 2017. You accept responsibility for all recurring charges prior to cancellation. Once you subscribe, BEAU will automatically process your Annual Membership fee at the then-current Annual Membership rate without further notice to you or authorization from you until you cancel your Membership. We explain how to cancel your Annual Membership below at the Section "Cancellation Policy".
Cancellation Policy for Annual Membership Renewals: Annual Membership fees are non-refundable. You may cancel your Annual Membership renewal at any time after you were billed for the then-current year by logging into your account and following the cancellation procedures or by emailing us using this link: email@example.com
If you cancel your BEAU Membership you can re-subscribe any time, subject to availibility
Certain BEAU Services may be subject to additional terms and conditions that BEAU may post on the Site from time to time. To be eligible for such services, you must comply with those additional terms and conditions, which are incorporated by reference into this Agreement.
BEAU's Right to Revoke, Suspend, or Restrict Eligibility: BEAU reserves the right, in its sole discretion, to cancel unconfirmed or inactive accounts. BEAU may, in its sole discretion, for any reason, at any time, revoke, suspend, or restrict your access to the Site or any BEAU Service. If BEAU bans you from the Site or any BEAU Service, you may not return to the Site or use that BEAU Service for any reason or in any manner including with a new username or identity. In the event that you return, or attempt to return, to the Site or use the BEAU Service after you've been banned, you will be deemed to have breached this Agreement, and BEAU reserves the right to pursue all rights and remedies available at law or in equity with respect to such breach.
BEAU Cookie and Tracking Policy
BEAU Copyright and Intellectual Property Policy
BEAU Community Guidelines
Member Account, Password, and Security: You are responsible for maintaining the confidentiality of your password and account, if any. You agree to: (a) immediately notify BEAU of any unauthorized use of your password or account or any other security breach, and (b) ensure that you exit from your account at the end of each Site session. BEAU will not be liable for any loss or damage arising from your failure to comply with this Section.
Account Transfer Prohibited: You may not transfer or sell your BEAU account, membership or username to any other party. You are fully responsible for all activity of your BEAU account and username.
General Practices Regarding Site Use and Storage: You acknowledge that BEAU may establish general practices and limits concerning Site use and storage. You agree that BEAU has no responsibility or liability for the deletion, failure to delete or failure to store any reviews, product designs, data or other content the Site maintains or transmits. You acknowledge that BEAU may, in its sole discretion, change these general practices and limits at any time, with or without notice to you.
You may access and view the Site Content and make single copies or prints of the Site Content at your own sole risk, only for your personal, non-commercial, and internal use.
User Content: You must own all User Content you submit to any BEAU
Trademarks: The trademarks, logos, service marks, and trade names (collectively the "Trademarks") displayed in the BEAU Online Community or through the BEAU Services are registered and unregistered Trademarks of ours and others and may not be used in connection with products and/or services that are not related to, associated with, or sponsored by their rights holders, or that are likely to cause customer confusion, or in any manner that disparages or discredits the rights holders. All Trademarks not owned by us that appear in the BEAU Online Community or through the BEAU Services, if any, are the property of their respective owners. Nothing contained on the Site grants, by implication, estoppel, or otherwise, or should be construed as granting, any license or right to use any of the Trademarks displayed in the BEAU Online Community without our written permission or that of the third-party rights holder.
Linking to the Site: You agree that any time you link to the Site from another website, such link must connect to the full version of an HTML formatted Site page. You are not permitted to link directly to any image hosted on the Site, such as using an "in-line" linking method to cause the image hosted by us to be displayed on another Site. You agree not to link to the Site in any manner such that the Site or any Site page is "framed," surrounded, or obfuscated by any third-party content, materials, or branding. We reserve all of our rights under the law to insist that any link to the Site be discontinued and that the link open in a new browser window. We may revoke your right to link to the Site from any other site at any time upon written notice to you.
Fees and Billing: Prices are quoted in U.S. dollars. You agree to pay in full the price for each BEAU Service involving your purchase of a product by credit card, debit card, or by any other payment means acceptable to BEAU as each payment, if any, is due. You agree to pay all applicable taxes, if any. If BEAU does not receive timely payment from your credit card or debit card issuer or its agents, you agree to pay all amounts due upon demand by us.
Warranty Disclaimer: BEAU AND BEAU'S OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND SUPPLIERS PROVIDE THE SITE AND BEAU SERVICES "AS IS," "AS AVAILABLE," AND WITHOUT ANY WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. BEAU AND BEAU'S OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. ADDITIONALLY, NO ADVICE OR INFORMATION FROM BEAU TO YOU, WHETHER WRITTEN OR ORAL, SHALL CREATE ANY WARRANTY. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.
YOU AGREE THAT YOUR USE OF THE SITE, THE BEAU ONLINE COMMUNITY, AND THE BEAU SERVICES SHALL BE AT YOUR OWN SOLE RISK, AND THAT BEAU HAS NO LIABILITY FOR ANY LOSS RESULTING FROM SUCH USE.
Liability Limit: IN NO EVENT SHALL BEAU OR BEAU'S OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANY THIRD PARTY IN CONNECTION WITH THIS AGREEMENT OR YOUR USE OF THE SITE OR BEAU SERVICES, INCLUDING LOST PROFITS, PERSONAL INJURY, EMOTIONAL DISTRESS, DEATH, AND ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES.
THE LIABILITY OF BEAU AND BEAU'S OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS TO YOU OR ANY THIRD PARTY IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF: (1) THE TOTAL FEES, IF ANY, YOU PAY TO BEAU IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY; AND (2) USD$100. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Indemnity: YOU AGREE TO INDEMNIFY AND HOLD BEAU AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS' FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF: (1) YOUR BREACH OF THIS AGREEMENT INCLUDING THE DOCUMENTS IT INCORPORATES BY REFERENCE; (2) YOUR VIOLATION OF ANY LAW; OR (3) YOUR VIOLATION OF ANY RIGHT OF A THIRD PARTY. BEAU RESERVES THE RIGHT TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, AND IN SUCH CASE, YOU AGREE TO COOPERATE WITH BEAU'S DEFENSE OF SUCH CLAIM.
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL HAVE A SUBSTANTIAL IMPACT ON HOW CLAIMS YOU AND BEAU HAVE AGAINST EACH OTHER ARE RESOLVED.
You and BEAU agree that any claim or dispute at law or equity that has arisen or may arise between us relating in any way to or arising out of this or previous versions of the Agreement, your use of or access to the Services, or any products purchased through the Services will be resolved in accordance with the provisions set forth in this Legal Disputes Section.
Legal Disputes: Prohibition of Class and Representative Actions and Non-Individualized Relief.
YOU AND BEAU AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND BEAU AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER USERS.
Legal Disputes: Mandatory Arbitration. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, and court review of an arbitration award is very limited. However, an arbitrator can award the same damages and relief on an individual basis that a court can award to an individual. An arbitrator should apply the terms of the Agreement as a court would. All issues are for the arbitrator to decide, except that issues relating to arbitrability, the scope or enforceability of the agreement to arbitrate in this Legal Disputes Section, or the interpretation of the paragraph above entitled "Prohibition of Class and Representative Actions and Non-Individualized Relief", shall be for a court of competent jurisdiction to decide.
You and BEAU each agree that any and all disputes or claims that have arisen or that may arise between you and BEAU relating in any way to or arising out of this or previous versions of this Agreement, your use of the Site or Services shall be resolved by final and binding arbitration. The arbitration will be conducted by the American Arbitration Association ("AAA") under its rules and procedures, including the AAA's Supplementary Procedures for Consumer-Related Disputes (as applicable), as modified by this Agreement to Arbitrate. The AAA's rules are available at www.adr.org or by calling the AAA at 1-800-778-7879. The use of the word "arbitrator" herein shall not be construed to prohibit more than one arbitrator from presiding over an arbitration, rather the AAA's rules will govern the number of arbitrators that may preside over an arbitration conducted under this agreement to arbitrate in this Legal Disputes Section. Notwithstanding these rules, however, such proceeding shall be governed by the laws of the state of California, as set forth in the Section "Choice of Law". Any award in an arbitration initiated under this clause shall be limited to monetary damages and shall include no injunction or direction to any party other than the direction to pay a monetary amount. Further, the arbitrator(s) shall have no authority to award punitive, consequential or other damages not measured by the prevailing party's actual damages in any arbitration initiated under this Legal Disputes Section, except as may be required by statute.
Unless you and we agree otherwise, in the event that the agreement to arbitrate in this Legal Disputes Section is found not to apply to you or to a particular claim or dispute, you agree that any claim or dispute that has arisen or may arise between you and BEAU must be resolved exclusively by a state or federal court located in San Francisco County, California. You and BEAU agree to submit to the personal jurisdiction of the courts located within San Francisco County, California for the purpose of litigating all such claims or disputes.
Choice of Law: This Agreement shall in all respects be governed by the laws of the State of California and the United States of America, without regard to choice of law provisions. The U.N. Convention on Contracts for the International Sale of Goods (1980) shall not apply to this Agreement.
No Waiver: No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term, and BEAU's failure to assert any right under this Agreement shall not constitute a waiver of such right or provision.
Severability: If any provision of this Agreement is held unenforceable, then such provision will be modified to reflect the parties' intention. All remaining provisions of this Agreement shall remain in full force and effect.
No Agency: You and BEAU are independent contractors. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
Notice: Except as explicitly stated otherwise, any notice required or permitted by this Agreement must be in writing. Any notice to BEAU must be given by postal mail to BEAU, Attention: BEAU, 310 West Broadway, New York, NY 10013. Any notice to you may be given: (1) to the email address you provide to BEAU during registration or when your email address changes, in which case notice will be deemed sufficient 24 hours after the email is sent unless the sending party is notified that the email address is invalid; or (2) by certified mail, postage prepaid, return receipt requested, to the last mailing address you provided to BEAU, in which case notice will be deemed sufficient three days after the mailing date.
For intellectual property issues, please provide notice as specified in BEAU's Copyright and Intellectual Property Policy.
Survival: The provisions of this Section 4 shall survive termination or expiration of this Agreement.
AUTOMATIC RENEWAL TERMS: For BEAU Services subject to automatic renewal, you agree that BEAU may submit periodic charges (monthly or yearly) without further authorization from you until you provide notice that you wish to terminate this authorization or change your payment method. You agree that such notice will not affect charges submitted before BEAU could reasonably act.