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Client Agreement

BEEKMAN NYC LLC
Client Agreement

Effective January 1, 2020

This Agreement sets forth the terms and conditions under which you (“you,” “your,” or the “Client”) borrow fine jewelry from Beekman NYC LLC (the “Company,” “Us” or “Beekman New York”) (the “Agreement”).

Please examine this Agreement carefully and understand its contents fully. By clicking on the “I accept” icon at the end of this page, you are agreeing to be legally bound by this Agreement as the Terms of Use (available at “Terms of Use”) and Privacy Policy (available at “Privacy”) on Beekman New York’s website (collectively, this Agreement, the Terms of Use, and the Privacy Policy are Beekman New York’s “Terms.”)  If you are a returning Client, please be aware that every time you submit an order through Beekman New York, you are reaffirming your Agreement to be bound by the Terms, which may be updated from time to time as reflected on the Company’s website.

You understand that acceptance of the Terms allows you to become a Client of Beekman New York and borrow fine jewelry through the Beekman New York website and mobile application (“app”). You understand that ownership of items you borrow remains with Beekman New York.

If you do not click “I accept” below you are declining the opportunity to become a Client of Beekman New York.

  1. CLIENT REGISTRATION.

Registration.  To become a Client of Beekman New York, you must first go to www.BeekmanNYC.com and register as a Client and create an account (“Account”). You will be asked for certain personal and financial information, including credit card and, if necessary, banking information (“Registration Information”).  You hereby represent, warrant and covenant that all Registration Information is true, accurate, current and complete, and that, in the event of changes, you will maintain and promptly update the Registration Information to maintain your Registration Information as true, accurate, current and complete.  You also agree that you are over 18 (eighteen) years of age and that you are authorized to use the method of payment you provide to Beekman New York.

Beekman New York will maintain and use your data in a manner consistent with our Terms.  For additional information, please see our Privacy Policy.  You understand that providing false or misleading Registration Information will result in the termination of this Agreement and your ability to borrow from Beekman New York.

Login and Password.  Upon Registration, you will be issued a login and password for use on the Beekman New York website and App. You are responsible for maintaining the confidentiality of your account, your user ID and password and for restricting access to your account. If your account is compromised for any reason, you are solely responsible for any activity related to your account.

Method of Payment. As part of the Registration process, you will be asked to select a Method of Payment, which should be a identified in your Registration Information. This Method of Payment will be used for placing an order, paying fees, paying taxes (if applicable), and for holding a Security Deposit. How Security Deposits are held is discussed below in the section entitled “PLACING AN ORDER; FEES AND PAYMENT.” If at any time, Beekman New York deems, in its sole discretion, your Method of Payment to be unsatisfactory, you will be asked to select another Method of Payment to maintain your account.  When you borrow fine jewelry from Beekman New York, a hold will be placed on your Method of Payment, as described below.  Inventory is available on a first-come, first serve basis.  If issues with your Method of Payment delay an order, a piece that you previously selected to borrow may become unavailable.

Background Check, Credit Check, and Background Information. Under certain circumstances, borrowing from Beekman New York may require you to pass a background check and/or a credit check (for example, in determining, in the Company’s sole discretion, whether you qualify to initiate or maintain an account with Beekman New York, whether you qualify for Membership, if selected, and/or whether your account may remain active.) You understand and acknowledge that reports, including credit reports, about you may be obtained in connection with you placing an order with Beekman New York. You also understand and acknowledge that, in the event any background or credit checks are required, we may require you to allow us to use your Registration Information and you give us permission to do so. We may also obtain information about you from accredited outside sources, including Federal, State and Local government agencies or other private databases, and maintain it with Registration Information or other personal information with have on you (collectively “Background Information”). This Background Information includes but is not limited to criminal and credit history.

You acknowledge that Beekman New York uses Background Information to make decisions in our sole discretion about whether to accept or reject you as a client, whether to allow you your desired level of membership, if applicable, and whether an adjustment is made to the amount security deposit required for your account. You understand that Beekman New York’s receipt of Background Information on you may result in the termination of this Agreement with you, even though the Background Information is outdated or untrue.

Upon a satisfactory review of your Background Information, you will be allowed to login as a Client.

Communications. By becoming a Client, you agree to receive communications from Beekman New York, including emails and push-notifications, regarding your request to borrow jewelry and concerning offers and promotions that may be of interest to you. If you opt out of receiving emails and decline to receive push notifications from the App, you may be precluded from participating and receiving the benefits of being a Client.

  1. MEMBERSHIP.

Membership. Once you register as a Client of Beekman New York, you may elect to become a Beekman New York Member (“Member”) and for a monthly fee, you will enjoy special privileges, such as access to a Beekman New York showroom (via appointment only) where you can try on jewelry in person; the ability to reserve jewelry for longer periods than non-Members; invitations to private events, among other things (“Membership”).

Membership Fees. The fee for basic Membership is sixty-nine dollars ($69.00) per month for a one-year commitment (“Membership Fee”). If you elect to obtain Membership, the Membership Fee will be automatically charged to your Method of Payment. If you elect Membership, you agree to pay the Membership Fee, and if you cancel your Membership at any time prior to one-year, you agree that the balance of the Membership Fee owed is not refundable.

Membership Renewal; Cancellation. After one year, Membership renews automatically, and additional Membership Fees will be deducted from your Method of Payment. If you do not wish your Membership to renew, prior to your Membership renewing, you may terminate the automatic renewal online by sending an email to Membership@BeekmanNYC.com from the email address you provided in your Registration Information with the subject line “Please Cancel My Membership.” Upon receipt of a cancellation e-mail, privileges of Membership will be withdrawn.  By agreeding to this Agreement and the Terms, you are waiving any right to bring claims against Beekman New York, as an individual or as part of a class, based on the Company’s Membership Renewal policy.

  1. PLACING AN ORDER; FEES AND PAYMENT

Placing an Order. To borrow Merchandise, you will login into your Beekman New York account, select pieces, and generate a list.  Upon payment of the fees outlined below and the applicable security deposit, your order for Merchandise will be confirmed and released (“Order”).

Fees. When you place an Order, you will be notified of the fees associated with borrowing the Merchandise you select (“Borrowing Fee”).  Beekman New York posts Borrowing Fees on its website. The Company reserves the right to change Borrowing Fees from time to time upon notice to you on the Beekman New York website. Once an order is placed, your credit card will be charged one hundred percent (100%) of the applicable Borrowing Fee when your Order is released for shipping. Unless otherwise stated below, all fees are nonrefundable.

All of Beekman New York’s fine jewelry is insured, and a small insurance fee will be added to every transaction to cover the cost of insurance.  Insurance fees will vary depending on the value of the piece borrowed.  Some homeowner’s and renter’s insurance policies will provide coverage for Beekman New York’s fine jewelry pieces.  If you wish to borrow a piece and, out of abundance of caution, add the piece to your own insurance policy, you may do so.  Please contact us for more details.  Note that even if you add a Beekman New York piece to your own insurance policy, you will still need to agree to accept the insurance coverage provided by Beekman New York.

Cancelling an Order. You may cancel an Order more than twenty-four (24) hours before the scheduled shipping date. Upon receipt of your cancellation, Beekman New York will charge you fifty percent (50%) of the Borrowing Fee plus any applicable refundable shipping and insurance fees (in the form of a credit to your Method of Payment). If you cancel your Order within twenty-four (24) hours of shipping, the Borrowing Fee will not be refunded and only the refundable shipping and shipping insurance fees will be refunded to you (in the form of a credit on your credit card). Cancellation of an order is not an option once the Merchandise has left the Company’s facility.

Taxes.  Based on where you reside, your order may incur taxes in addition to the Borrowing Fee. If that is the case, any applicable taxes owed as a result of your order will be automatically be charged to your Method of Payment. Unless otherwise stated below, all taxes are nonrefundable.

Security Deposit. Beekman New York requires you to pay a security deposit for each piece of Merchandise you select. The security deposit is typically a portion of the retail value of the Merchandise selected, but Beekman New York may require a higher security deposit, at our discretion (“Security Deposit”). We reserve the right, in our sole discretion, to determine the retail value of any Merchandise you borrow. Once an Order is placed, the Security Deposit will automatically be charged to your Method of Payment, and you will be notified via email if an increase in your Security Deposit is required. If you receive a notice that an increase in your Security Deposit is required, you may cancel your order within twenty-four (24) hours after receipt of such notice. Time is of the essence in providing timely notice of cancellation. If you cancel your order within twenty-four (24) hours of notice that an increase of Security Deposit is required, Beekman New York will release the initial Security Deposit held (less any applicable fees or charges due).  By agreeing to this Agreement, you waive any right to object to a hold being placed on your Method of Payment for a Security Deposit and for your Method of Payment being charged in the event of a loss or damage.

Payment. Upon receipt of your Order, Beekman New York will automatically place a hold on the Method of Payment you identified in your Registration Information for the various fees and costs association with your Order. By providing the Company with your Method of Payment, you give us permission to charge your Method of Payment Borrowing Fees, Security Deposit, taxes, or any other fees association with Your Order. You also acknowledge and agree that you may incur banking fees from your own bank – apart from any fees charged by Beekman New York – depending on your agreement with your bank.

If your Method of Payment is insufficient to cover the fees and reserves (such as the Security Deposit, etc.) associated with your Order, Beekman New York may request additional credit card(s) or banking information, at the Company’s discretion, or regard the Order as cancelled. Any late fees/damage fees/additional fees or charges due Beekman New York as provided in this Agreement will also be charged to you. Termination of this Agreement will not relieve you of any payment obligations hereunder.

Return of Security Deposit. The Security Deposit (less any applicable fees or charges due) will be released upon return of the Merchandise within three business days of receipt of the return of Merchandise subsequent to inspection and a determination, in our sole discretion, that the Merchandise are in the same condition as when delivered to you, reasonable wear and tear excepted. You acknowledge that the return of a Security Deposit or removal of a hold may be extended depending upon the terms of your own agreement with your bank or credit card provider.

  1. SHIPPING.

Shipping Procedure. Once you have placed an Order and the Order is approved, Beekman New York will ship the Merchandise to you. Merchandise is available on a first come first serve basis. You will be contacted if your order cannot be shipped due to unforeseen issues with inventory availability or other reasons. Beekman New York promises to use every reasonable effort to ensure Merchandise is available for your scheduled date of delivery. We will have no liability to you in the event that Merchandise reserved is unavailable for shipment, other than return of the refundable fees and release of Security Deposit.

Shipping is based on two-day shipping from our facility to your designated point of delivery, and the return to the Company’s facility from that area. Merchandise will be shipped via an appropriate shipper (such as Malca or FedEx Malca) for two-day delivery. Your designated point of delivery should be your office or home address or other address where you personally can sign for and receive delivery of the Merchandise. Signature will be required. Any refused or returned deliveries will be processed as a completed transaction, with the full Borrowing Fees and other fees assessed.

In no event will the company ship jewelry outside the contiguous 48 united states.

You cannot take the jewelry outside of the contiguous 48 united states.

Shipping Fees. Beekman New York charges for shipping. Merchandise is shipped with prepaid to/from shipping labels, which includes delivery insurance, and the cost (“Shipping Fees”) is reflected in the transaction amount that will be charged to your Method of Payment.

  1. BORROWING PERIOD, DELIVERY, AND RETURN.

Borrowing Period. Merchandise shall be available for borrowing for eight (8) days, unless you become a Member. Members may borrow Merchandise for eight (8), sixteen (16), or twenty-four (24) days. If you are not a Member, and you wish to borrow Merchandise for more than eight (8) days, you will have to become a Member.

Timely Delivery. If Beekman New York timely delivers the Merchandise to the Company’s shippers with delivery pre-paid for you at least one day prior to the selected date, any late delivery or non-delivery will be deemed to be not the Company’s fault and Beekman New York shall have no liability under this paragraph. Further, non-availability of items, even where reserved, shall be deemed to be not the Company’s fault.

Untimely Delivery. If through the Company’s fault the Merchandise is not delivered by your selected date, Beekman New York will return all Borrowing Fees and, upon return of the Merchandise as provided above, remove the hold from your Method of Payment for the Security Deposit. The return of these amounts will be the Company’s sole liability to you in the event of non-timely delivery or non-delivery; in no event will the Company be liable for any other damages. If an Order is not delivered in time, the Borrowing Fees charged for that order will pro-rated for the missed time (i.e., if there is a delay in with the shipper).

Return Shipping. You will be given a due date for returning Merchandise to the shipper with the provided shipping label. When returned by you, the Merchandise must be re-packaged in its original Beekman New York Jewelry boxes and placed into its corresponding packing box. The jewelry box(es) must then be placed and sealed in the pre-paid/pre-addressed shipping package included with the initial shipment. The package may then be presented for shipment to any location identified in your area for return shipment. you are not required to purchase insurance from the shipper and, for security reasons, you should not discuss the contents of the package with shipper personnel. Pick-up may be available at an additional charge.

Loss of Packaging. In the event you lose the Beekman New York jewelry boxes and return packaging sent to you, please contact us immediately. There will be a replacement fee for lost packaging.

Late Fees. You agree and acknowledge that our ability to make Merchandise available for others depends greatly on our ability to secure return of those items on a timely basis, as return after such date may prevent us from having sufficient time to clean, repair and re-ship the Jewelry to another Client, and because of that lack of time we cannot commit to have Merchandise available to upcoming clients until such time as the Merchandise is in our possession and capable of securing clasps, polish and cleaning (and where applicable, repair) for upcoming reservations. For the foregoing reasons, you agree with us that the amounts reflected in the schedule of late fees above are a reasonable forecast of just compensation to the Company in the event of late return. If you do not deliver the Merchandise for return shipment by the required Return Date, late fees will be assessed as to that item(s) as follows:

One (1) Day Late – 50% of the Borrowing Fee for that item will be added to the total fees;

Two (2) to Seven (7) Days Late – 100% of the Borrowing Fee for that item will be added to the total fees;

Eight (8) to Fourteen (14) Days Late – 200% of the Borrowing Fee for that item will be added to the total fees;

Over Fourteen (14) Days Late – Presumed Lost or Stolen and Liquidated Damages apply.

Late fees will be charged to your Method of Payment in addition to all other applicable fees. You agree and acknowledge that the late fees provided for by this paragraph are intended as compensation to us, and are not intended to be a punishment or penalty, because the damages that Beekman New York would suffer by way of late return are incapable or very difficult of accurate estimation because of factors including, without limitation, the Company’s recovery of anticipated profits, the Company’s loss of sales and reputation due to unavailability of items, fluctuations in the value of gems and precious metals, and changes in our insurance rates.

If any Merchandise is not returned within fourteen (14) days after the Return Date without express notice, as liquidated damages for your failure to timely return the item(s) we will have the right to charge your Method of Payment as provided under “Liquidated Damages” below.

Termination of this Agreement will not relieve you of any payment obligations hereunder.

  1. CONDITION AND CARE OF MERCHANDISE.

Pre-inspection of Merchandise. Beekman New York will inspect, repair and clean every piece of Merchandise before delivery to you to ensure that Merchandise is shipped in top condition.

Care of Merchandise. While in your possession, we expect you to handle the Merchandise with the utmost of care, as if it were a family heirloom. You should keep the Merchandise in your possession and under your control at all times. You are prohibited from letting anyone else use or wear it for any purpose. You agree to never place Merchandise in a checked bag when traveling and to wear the Merchandise or keep it on Your person when you are en route.

You shall never hide Merchandise in your hotel room or leave it unattended and unprotected. You are prohibited from leaving Merchandise in the hotel room safe. You may leave Merchandise in the hotel lobby safe/vault, if one exists, but you are responsible for any loss arising from your placement of Merchandise in a hotel lobby safe/vault.

Post-inspection of Merchandise. Once Merchandise is returned, it will be inspected for damage. When Merchandise is returned free of damage, the Security Deposit hold on your Method of Payment will be released. Beekman New York’s borrowing rate assumes a minimal amount of wear which may occur with a borrowing use consistent with wearing high quality Merchandise responsibly. Unusual wear or any damage, abnormal dirt or foreign substances on any Merchandise gives the Company the right to charge your Method of Payment, in the Company’s sole discretion, for the cost of repair or cleaning.

Damage to Merchandise. In the event of damage to Merchandise that is beyond repair, we have the right to charge your Method of Payment for 100% of the retail replacement value of the Merchandise.The amount to be charged is left to the Company’s sole discretion based on our assessment of the damage.

  1. LIABILITY AND DAMAGES.

Liquidated Damages. If the Merchandise is returned more than fourteen (14) days after the Return Date for any reason under this Agreement, as Liquidated Damages we will have the right to charge your Method of Payment an amount up to 100% of the replacement value attributable to each such item.

You agree and acknowledge that the Liquidated Damages provided for by this paragraph are intended as compensation to Beekman New York and are not intended to be a punishment or penalty, because the damages that the Company would suffer by way of failure to return Merchandise without express notice other than within fourteen (14) days after the Return Date are incapable or very difficult of accurate estimation because of factors including, without limitation, the Company’s recovery of anticipated profits, the loss of sales and reputation due to unavailability of items, fluctuations in the value of gems and precious metals, and changes in the Company’s insurance rates or the availability of insurance coverage. For the foregoing reasons, you agree with Beekman New York that the amounts fixed above are a reasonable forecast of just compensation to the Company in the event of failure to return the items other than within fourteen (14) days after the Return Date. If debts are not able to be collected normally and it is collected through the use of a collection agency, an attorney, or through other legal proceedings, you agree to pay all reasonable costs or fees, including attorney fees and court costs, incurred in connection with such collection effort.

Limitation of Liability.  Under no circumstances will Beekman New York or its affiliates or suppliers, or any of the company’s respective officers, directors, members, managers, employees, agents, successors or assigns (each, a “Beekman New York party”) be liable to you or any other person for any direct, special, incidental, punitive, indirect or consequential damages resulting from access to or other use of the merchandise, even if informed in advance of the possibility of such damages and notwithstanding any failure of essential purpose of any limited remedy.Some jurisdictions do not allow exclusion of certain warranties or limitations of liability, so the above limitations or exclusions may not apply to you.In such case, the aggregate liability of the Beekman New York Parties shall be limited to the lesser of (i) one hundred dollars ($100.00), or (ii) the amount of Borrowing Fees paid as of the selected date giving rise to such cause of action occurs.

No Indirect Damages. In no event shall Beekman New York (or its suppliers or licensors) be liable to you or any third party for special, incidental, consequential, exemplary, punitive, multiple or other indirect damages, or for loss of profits or loss of use damages, arising out of the products or services related thereto, whether based upon warranty, contract, tort, strict liability or otherwise, even if Beekman New York has been advised of the possibility of such damages or losses.

Limited Direct Damages. Beekman New York’s (and its suppliers’ and licensors’) aggregate liability arising out of this agreement, the products and/or services related thereto, whether based upon warranty, contract, tort, strict liability or otherwise, shall not exceed the applicable borrowing fees paid by you for the applicable product and/or service.

Disclaimer of Warranty. You acknowledge and agree that Beekman New York has not made and is not in any manner responsible or liable for any warranty, representation, or guarantee, statutory, express or implied (including, without limitation, the implied warranties of merchantability, title, and fitness for a particular purpose), in fact or in law, relative to the merchandise.

Without limiting the generality of the foregoing, Beekman New York does not make any express or implied warranties or representations with respect to beekmannyc.com and Beekman New York shall not be liable for the consequences of any interruptions or errors related thereto. This paragraph shall not apply to New Jersey residents or jurisdictions where otherwise prohibited by law.

  1. MISCELLANEOUS.

Notices. As part of your Registration Information, you will be asked to provide an email address where you can receive Notices regarding your account. It is your responsibility to ensure that the email address you provide is accurate and that Beekman New York emails are not sent to your junk box. You agree that any notices regarding your account, your Membership, your Orders, and any amount owed, may be communicated to you through the email address you provided.

Non-assignability. You may not assign or otherwise transfer your rights under this Agreement, your account with Beekman New York, or any of your rights or obligations hereunder to any third party.

No Ownership. This Agreement and the Terms allows you to borrow Merchandise from Beekman New York. You agree that you have no ownership interest or ownership claim to the Merchandise.

Entire Agreement.  This Agreement, including the Terms, constitutes the entire agreement between you, the Client, and us, Beekman New York, with respect to the subject matter contained herein, and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you, the member, and the Company, Beekman New York, with respect to such subject matter.

Severability.  If any provision of this Agreement is held to be illegal, invalid or unenforceable, such illegality, invalidity or unenforceability shall apply only to such provision and shall not in any manner affect or render illegal, invalid or unenforceable any other provision of this Agreement, and that provision and this Agreement generally shall be reformed, construed and enforced so as to most nearly give lawful effect to the intent of the parties as expressed in this Agreement.

Governing Law and Disputes.  Any dispute you have with Beekman New York, including disputes arising from the use of the Beekman New York website, the Beekman New York App, the Company Privacy Policy, or this Client Agreement, shall be resolved through binding arbitration in New York City before AAA arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement. Even though you may be located in another state or jurisdiction, this Agreement, and all matters arising directly or indirectly from this Agreement, shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of laws rules. You hereby submit to binding arbitration before AAA, and you waive any jurisdictional, venue, or inconvenient forum objections.

There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Conditions of Use as a court would.

To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to us at our corporate office, designated in the “Contact Us” tab.  The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules.

We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial.

Indemnification.  You agree to indemnify, defend, and hold Beekman New York harmless from and against any and all third-party claims, liabilities, damages, losses and expenses (including without limitation taxes, reasonable fees and costs for attorneys and investigations) arising out of, based on, or in connection with your failure to pay applicable taxes, breach of this Agreement, or your access to or other use of any Merchandise.

Assumption of Risk. You assume sole and exclusive responsibility and liability for any claims against you and/or damages arising from use of the products during your borrowing period.

Force Majeure.  In no event shall the Company be liable for any failure or delay in performance of its obligations hereunder if such failure or delay is due to causes beyond our reasonable control including, but not limited to acts of God, fire or explosion, war, invasion, riot, or other civil unrest, governmental laws, orders, restrictions, actions, embargoes, or blockages, national or regional emergency, failure of common carriers including Malca or Federal Express, and injunctions, strikes, lockouts, labor trouble, or other industrial disturbances.

Modification and Termination. Modifications may be made only by Beekman New York in writing. We reserve the right to terminate or amend this Agreement at any time for any or no reason, effective upon notice to You of such termination or amendment. Termination of this Agreement does not relieve you of any payment obligations hereunder.