Terms and conditions
Last updated Oktober 2021
Beach-Street! The site www.beach-street.com and its authorized variations including each subdomain and mobile version (“Site”) is operated by Muff Oils International b.v. (“we” or “us”). Where relevant in relation to a Transaction, “we” or “us” may also refer to another legal entity in the Muff Oils International b.v. group, as set out in Section 9.1.
By accessing, browsing or using the Site in any way, you acknowledge and agree to be bound by the following terms and conditions (“Terms”). If you do not agree to these Terms, you should not access, browse or use the Site.
PLEASE READ THESE TERMS CAREFULLY AS THEY CONTAIN PROVISIONS THAT AFFECT YOUR LEGAL RIGHTS.
- 1. CHANGES TO THESE TERMS OR THE SITE
We reserve the right at any time, for any reason at our sole discretion and without prior notice to you, to change or modify these Terms, and it is your responsibility to return to this page to review any changes that have been made. Any changes or modifications will be effective upon posting of the revisions on the Site. You should frequently review these Terms to understand the terms and conditions that apply to your use of the Site.
We reserve the right at any time, for any reason at our sole discretion and without prior notice to you, to suspend or discontinue the Site (or any part thereof) temporarily or permanently.
We will not be liable to you or any third party for any modification, suspension or discontinuation of the Site.
- 2. USE OF SITE
We hereby grant you a limited, revocable, non-transferable and non-exclusive license to access and use the Site by displaying it on your internet browser only for the purpose of shopping for personal items sold on the Site and not for any commercial use or use on behalf of any third party, except as expressly permitted by us in advance. We reserve the right at any time, for any reason at our sole discretion and without prior notice to you, to terminate your license to use the Site or to block or prevent your future access to or use of the Site.
We may assign you a password and account identification to enable you to access and use certain portions of this Site. Each time you use a password or identification, you will be deemed to be authorized to access and use the Site in a manner consistent with the terms and conditions of these Terms, and we have no obligation to investigate the authorization or source of any such access or use of the Site. You will be solely responsible for all access to and use of this Site by anyone using the password and identification assigned to you whether or not such access to and use of this Site is actually authorized by you, including, without limitation, all communications, transmissions and obligations (including financial obligations) incurred through such access or use. You are solely responsible for protecting the security and confidentiality of the password and identification assigned to you. You shall immediately notify us of any unauthorized use of your password or identification or any other breach or threatened breach of this Site's security.
You must be 18 years or older to access the Site or purchase our Products.
OUR INTELLECTUAL PROPERTY
All text, photographs, designs, graphics, logos, button icons, images, audio clips, video clips, software, code, meta tags, features, functionality and other materials on the Site, and the collection, arrangement and assembly thereof (any and all of which is "Content"), as well as the SoMuff! brand, logos and designs (“Marks”), are owned by or licensed to us and: (a) are protected by national and international copyright, trademark, trade secret and other intellectual property or proprietary rights laws; and (b) except as expressly provided in these Terms, may not be used, modified, copied, displayed, transmitted, published, reproduced or distributed in any way or form without our express prior written permission.
No right, title or interest in or to the Site or any Content or Marks, except for the nonexclusive, limited license expressly granted to you under Section 2.1, is transferred to you, and all rights not expressly granted are reserved by us. Any use of the Site not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark and other laws.
- 4.USER CONTRIBUTIONS
Users of the Site may at various times submit, post, upload, display, distribute, transmit, publish or provide to us (whether through our Site or another third party site, software, application or other means) (“Submit”) ratings, reviews, questions, comments, information, photographs, ideas, know-how, techniques, suggestions, text, photographs, images, audio clips, video clips and other content or materials (excluding credit card information) (“User Contributions”).
All User Contributions you Submit are and will be treated as non-confidential and non-proprietary. By Submitting any User Contribution, you grant us the royalty-free, worldwide, perpetual, irrevocable and transferable license (including a full waiver of any moral rights) to use, copy, reproduce, distribute, display, publish, perform, sell, lease, transmit, adapt, translate, modify, edit, reverse-engineer, disassemble, decompile, delete in its entirety and create derivative works from (by any means and any form) such User Contribution, for any reason (including marketing and promotions) and across any channel (including emails, social media and the Site). This license will survive the termination of these Terms and your use of the Site.
You represent and warrant that you own or otherwise control all of the rights to any User Contribution that you Submit and that use of your User Contribution by us will not infringe upon or violate the rights of any third party. You shall not use a false email address, pretend to be someone other than yourself or otherwise mislead us or third parties as to the origin of any User Contribution.
You are solely responsible for the content, accuracy and lawfulness of any User Contribution that you Submit. You shall not Submit any User Contribution that: (a) violates or infringes the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any person; (b) is threatening, defamatory, obscene, indecent, pornographic, offensive or could give rise to any civil or criminal liability under any applicable law; (c) includes any bugs, viruses, worms, trap doors, Trojan horses or other harmful code or properties; or (d) does not comply with any relevant consumer or advertising law, including in relation to disclosure of incentives in exchange for providing the User Contribution.
We do not guarantee the content, accuracy or lawfulness of any User Contributions. Where a User Contribution violates these Terms or other relevant terms, we may (but shall not be obligated to) remove or edit the User Contribution. In some circumstances, we will have no control over the removal or editing of the User Contribution, for example where it is Submitted through a third party application, site, software or other means.
Under no circumstances will we be responsible or liable to you or any third party in any way for any User Contribution.
We have the right to fully cooperate with any law enforcement authority or court order requesting or directing us to disclose the identity or other information of anyone Submitting a User Contribution and you waive and hold us harmless from and against any claim in connection with such disclosure.
You may link to the Site, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement with us without our express prior written consent. We may provide certain social media features or affiliate links that enable you to link from your own or third-party websites or send emails or other communications with certain content, or links to certain content, on the Site. You may use these features solely as, and for the purpose for which, they are provided by us, and comply with any relevant terms and conditions associated with such programs.
The Site may contain links to other sites that are owned and operated by third parties. You acknowledge that we are not responsible for the operation of or content located on or through any such site or liable for any losses or damages you experience from such site.
- 7.PRODUCT INFORMATION
We display various products from time to time on the Site including, without limitation, individual, bundled, full size, sample, seasonal and gift-with-purchase products, which may be purchased by you through this Site or a third party site (“Product/s”).
All information we provide relating to the Products is intended to be used for informational purposes only. We do not give nor intend to give medical advice. It is your sole responsibility to ensure the Products are sufficient and suitable for your purposes and meet your individual requirements, and to consult a licensed physician or qualified healthcare practitioner for advice, diagnosis or treatment of any health related condition. The statements made about the Products have not been evaluated by the U.S. Food and Drug Administration or any other government agency. The Products are not intended to diagnose, treat, cure or prevent any condition or disease.
All Products should be used and stored strictly in accordance with their instructions, precautions and guidelines. Products are intended for adult use only and should be kept out of reach of children. You should always check the ingredient list for potential allergens. If you develop any symptoms whatsoever, stop using the Product immediately and consult your licensed physician or qualified healthcare practitioner.
Every individual is different and therefore results may vary from person to person and are not guaranteed. We are not responsible or liable for failure to achieve expected results for any reason whatsoever.
- 8. PRODUCTS FOR PERSONAL USE ONLY
Any Products you purchase or receive are for your personal use only. You may not use any Product or part thereof for any commercial use or any use that would benefit a commercial party. You may not reproduce, distribute, display, sell, resell, lease, transmit, create derivative works from, translate, modify, reverse-engineer, disassemble, decompile or otherwise exploit any Product or part thereof.
- 9. PURCHASE OF PRODUCTS
Any purchase by you of a Product through the Site (“Transaction”) will constitute a contract between you and one of the following legal entities in Muff Oils International b.v., depending on your geographic location (as determined by your delivery address):
Please check the Shipping and Returns pages on our Site for more information on whether we can currently ship to you.
When entering into a Transaction, the currency and any applicable GST, VAT or other sales tax will be as shown on the checkout pages on the Site. In the event an international shipment attracts import or customs duties, taxes or charges, you are responsible for making the required payments. These charges will not be paid or reimbursed by us. PLEASE CHECK YOUR LOCAL TAX, IMPORT AND CUSTOMS REQUIREMENTS BEFORE ENTERING INTO A TRANSACTION.
You must make payment in accordance with the checkout pages on the Site and comply with the terms and conditions of any third party payment provider or processor. Depending on the payment method chosen, another entity within Muff Oils International b.v. may collect payment on behalf of the entity with which you enter a Transaction.
You undertake that all details you provide in relation to a Transaction, including for payment purposes, are correct and that you are fully entitled or authorized to enter into such Transaction using such payment method.
You are responsible for reviewing the latest version of these Terms each time you enter into a Transaction.
- 10. PRODUCT SHIPPING AND RETURNS
The terms and conditions contained in the Shipping and Returns pages on our Site are hereby incorporated into these Terms and apply to each Transaction. Please review these carefully before you enter into any Transaction.
- 11. PROMOTIONS
Additional terms and conditions may apply to certain offers, promotions and competitions. Please refer to the email, webpage, social media page, or other relevant medium or channel where the particular offer, promotion or competition is being made.
- 12. TERMINATION
In addition to any other legal or equitable remedies, we reserve the right at any time, for any reason at our sole discretion and without prior notice to you, to immediately refuse to process, cancel or terminate any order, Transaction or account, limit the quantity of Products purchased, suspend, terminate or deny you access to and use of the Site in whole or in part (including revocation of any password or account identification issued to you) or otherwise refuse service to you for any reason including, without limitation, due to unavailability of Products, incorrect pricing or other information, suspected fraud, unauthorized or illegal activities including unauthorized reselling, or if your conduct violates these Terms, any applicable law or is harmful or contrary to our interests.
Any refusal, suspension, cancellation or termination shall not affect the respective rights and obligations (including, without limitation, payment obligations) of the parties arising before the date of termination.
- 13. DISCLAIMER AND LIMITATION OF LIABILITY
PLEASE READ THIS SECTION CAREFULLY, AS IT CONTAINS DISCLAIMERS AND LIMITATIONS OF LIABILITY WHICH AFFECT YOUR LEGAL RIGHTS.
This clause prevails over all other clauses and sets forth the entire liability of us, our directors, officers, agents, employees, subsidiaries and related parties (each a “Muff Oils International b.v. entity”), and your sole and exclusive remedy, in relation to the Products, the Site and any Transaction. THE PRODUCTS, THIS SITE AND ANY TRANSACTIONS ARE PROVIDED BY THE MUFF OILS INTERNATIONAL B.V. ENTITIES ON AN “AS IS” and “AS AVAILABLE” BASIS. EACH MUFF OILS INTERNATIONAL B.V. ENTITY MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED ON THIS SITE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EACH MUFF OILS INTERNATIONAL B.V. ENTITY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NON INFRINGEMENT, TITLE, QUIET ENJOYMENT, DATA AND INFORMATION ACCURACY AND SYSTEMS INTEGRITY. THIS SITE MAY INCLUDE INACCURACIES, MISTAKES, TYPOGRAPHICAL ERRORS OR OTHER CONTENT ERRORS. EACH SUPERNOVA ENTITY DOES NOT WARRANT THE CONTENT ON THE SITE WILL BE ACCURATE, COMPLETE, CURRENT, UNINTERRUPTED OR ERROR FREE. You should use only the version of the Site dedicated to your country or geographic region and also confirm the accuracy and completeness of information through sources other than the Site before making decisions in relation to the Products. Each Muff Oils International b.v. Entity disclaims all liability and responsibility arising from any reliance placed on information posted on the Site by you or any other visitor, or by anyone who may be informed of any of its contents.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EACH MUFF OILS INTERNATIONAL B.V. ENTITY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THE PRODUCTS, THIS SITE OR ANY TRANSACTIONS. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL LIABILITY TO YOU OF ALL MUFF OILS INTERNATIONAL B.V. ENTITIES FOR ANY DAMAGES (REGARDLESS OF THE FOUNDATION FOR THE ACTION) ARISING OUT OF OR IN CONNECTION WITH THE PRODUCTS, THIS SITE OR ANY TRANSACTIONS SHALL NOT EXCEED IN THE AGGREGATE THE AMOUNT ACTUALLY PAID BY YOU TO THE MUFF OILS INTERNATIONAL BV ENTITIES DURING THE MONTH IMMEDIATELY PRECEDING THE ACT ALLEGEDLY GIVING RISE TO THE LIABILITY.
Nothing in these Terms is intended to affect your rights under the law in your usual place of residence that cannot be altered by these Terms. If there is a conflict between those rights and these Terms, your rights under applicable local law will prevail.
- 14. INDEMNIFICATION
You agree to defend, indemnify and hold harmless each Muff Oils International b.v. Entity from all claims, demands, losses, liabilities, costs, expenses, obligations and damages including reasonable legal fees arising out of or in connection with: (a) your use of the Site or a Product; (b) your breach of any of these Terms; (c) your breach of any laws or rights of a third party (including, without limitation, any copyright, property or privacy right); or (d) any User Contribution made by you.
This indemnification obligation will survive the termination of these Terms and your use of the Site.
- 15 REMEDIES
You agree that the remedy at law of a Muff Oils International b.v. Entity for any actual or threatened breach of these Terms would be inadequate and that each Muff Oils International b.v. Entity shall be entitled to specific performance or injunctive relief, or both, in addition to any damages that it may be entitled to recover, together with reasonable expenses of any form of dispute resolution, including, without limitation, attorneys' fees.
No right or remedy of a Muff Oils International b.v. Entity shall be exclusive of any other, whether at law or in equity, including without limitation damages, injunctive relief, attorneys' fees and expenses.
PLEASE READ THIS SECTION CAREFULLY, AS IT CONTAINS A BINDING ARBITRATION CLAUSE WHICH AFFECTS YOUR LEGAL RIGHTS.
Most disagreements can be resolved informally and efficiently by contacting our Customer Service team at firstname.lastname@example.org.
You and each relevant Muff Oils International b.v. Entity agrees that any dispute, claim or controversy arising out of or relating in any way to the Products, the Site, any Transaction or these Terms, including any question regarding their existence, validity or termination (“Dispute”), will be referred to and finally determined by confidential arbitration in The Netherlands.
If you elect to seek arbitration, you must first send to us a written notice of claim (“Notice of Claim”). The Notice of Claim should be sent by certified mail to: General Counsel, Muff Oils International b.v., Veluwezoom 5, 1327 AA Almere with an email copy to email@example.com, and should be prominently titled “NOTICE OF CLAIM”. The Notice of Claim must include both the mailing and email addresses you would like us to use to contact you. If we elect to seek arbitration, we will send a Notice of Claim to your billing address on file, with a copy to any email address you may have provided to us. A Notice of Claim must: (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific amount of damages or other relief sought.
If you and each relevant Muff Oils International b.v. Entity do not reach an agreement to resolve the Dispute within thirty (30) days after the Notice of Claim is received, you or the relevant Muff Oils International b.v. Entity may commence an arbitration proceeding. The arbitration will be governed by the Dutch International Arbitration Centre rules then in force and administered by the Dutch International Arbitration Centre. The arbitrator’s award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.
Regardless of any statute or law to the contrary (but to the extent permitted by applicable laws), you and each Muff Oils International b.v. Entity agrees that any Dispute must be filed within twelve (12) months after the cause of action arose. Otherwise, such cause of action is permanently barred.
Sections 16.1 to 16.5 do not apply to the extent that you violate or threaten to violate our intellectual property rights in any way, and any Muff Oils International b.v. Entity may seek injunctive or other appropriate relief in any court of competent jurisdiction that it considers appropriate.
This Section 16 shall survive termination of these Terms or any Transaction.
CLASS ACTION AND JURY TRIAL WAIVER
PLEASE READ THIS SECTION CAREFULLY, AS IT CONTAINS A CLASS ACTION AND JURY TRIAL WAIVER WHICH AFFECTS YOUR LEGAL RIGHTS.
YOU AND WE AGREE THAT ANY PROCEEDINGS TO RESOLVE OR LITIGATE ANY DISPUTE, WHETHER THROUGH A COURT OF LAW OR ARBITRATION, SHALL BE SOLELY CONDUCTED ON AN INDIVIDUAL BASIS. YOU AGREE THAT YOU WILL NOT SEEK TO HAVE ANY DISPUTE HEARD AS, NOR ATTEMPT TO JOIN THE DISPUTE TO, ANY CLASS ACTION, REPRESENTATIVE ACTION, COLLECTIVE ACTION, OR PRIVATE ATTORNEY GENERAL ACTION. Further, if you have elected arbitration, unless both you and each relevant Muff Oils International b.v. Entity agrees otherwise, the arbitrator may not consolidate more than one person’s claims with your claims and may not otherwise preside over any form of a representative or class proceeding.
YOU AND EACH MUFF OILS INTERNATIONAL B.V. ENTITY HEREBY WAIVES ANY CONSTITUTIONAL OR STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration. In the event any litigation should arise between you and a Muff Oils International b.v. Entity in any court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND THE RELEVANT MUFF OILS INTERNATIONAL B.V. ENTITY WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.
- 18. GENERAL
- 18.1. No Waiver. Any failure by us to enforce any provision of these Terms or a Transaction is not a waiver of such provision or right. Any waiver of our rights must be in writing, signed by us, and any such waiver shall not operate as a waiver of any future breach.
- 18.2. Severability. If any provision of these Terms shall be deemed invalid, void, or for any reason unenforceable, that provision shall be deemed several and shall not affect the validity and enforceability of any remaining provision.
- 18.3. No Assignment. You may not assign any rights relating to these Terms or a Transaction, in whole or in part, without our prior written permission. Any purported assignment without such permission shall be void.
- 18.4. Entire Agreement. These Terms document the entire agreement between you and the relevant Muff Oils International b.v. Entities with respect to its subject matter and supersede all prior or contemporaneous or additional communications, negotiations or agreements.
- 18.5. Language. The official language of these Terms is English. A translation of these Terms may be provided for country-specific versions of the Site but, in the event of a conflict between any English and non-English version, the English version of these Terms shall prevail. To the extent permitted by applicable law, in the event of a Dispute, the parties will ensure all related documents are drafted in English. All dealings, correspondence and contacts between us shall be made or conducted in the English language.
- 18.6. Governing Law. These Terms and any Transaction (including all non-contractual obligations arising out of or connected to them) shall be governed and construed in accordance with the laws of The Netherlands. Subject to Section 16.6, both you and each Muff Oils International b.v. Entity hereby submit to the exclusive jurisdiction of the Dutch courts.
If you have any questions or comments regarding this Site or these Terms, the easiest way to contact us is at firstname.lastname@example.org