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Terms and Conditions

BEEKMAN NYC LLC
TERMS AND CONDITIONS OF USE

Effective Date: September 30, 2019

Beekman NYC LLC (“Beekman New York”) offers this website to allow you to view and order jewelry online though www.BeekmanNYC.com and the Beekman New York mobile application (the “Sites”). By using the Sites, you agree to these terms and conditions. The Sites are intended only for the use of persons age eighteen (18) or older. We reserve the right to modify or update these terms and conditions at any time. Please be sure you have read and agree to our current terms and conditions.

Privacy. Beekman New York cares about your privacy. Please read our Privacy Policy, which outlines how our site will collect information about you, how information will be shared and secured, and certain rights you have with respect to your information. We reserve the right to modify or update our Privacy Policy at any time. Each time you use this website, you agree to all terms of our current Privacy Policy.

Trademarks. Beekman New York is the owner of numerous trademarks, logos, emblems, and trade dress. You may refer to Beekman New York trademarks in a manner that is not misleading and clearly acknowledges Beekman New York ownership of our marks. By using this website, you acknowledge our ownership of our marks and agree not to challenge our rights. You may not use any of Beekman New York marks or trade dress in any manner that would lead to confusion as to the source of any product or service, in any manner that would falsely suggest that Beekman New York is affiliated with, endorses, or sponsors any product or service, or in any manner that would disparage our marks and brand. Our website may include references to marks that belong to other parties. These marks are the property of their respective owners, which may or may not be affiliated or connected with us in some way. We do not authorize you to use any third party’s marks.

Copyright. As between you and us, we own and reserve all right, title, and interest in and to our website. This includes the copyright in the software and code that allow you to operate the website and the copyright in all content including text, graphics, and images. You may not copy, distribute, perform or display publicly, prepare derivative works based from, or use our website except as expressly provided in these terms and conditions unless you receive our prior written permission. You may not use our website to collect data or account or other information. You may not reverse engineer any part of our website. We reserve the right to terminate your license to use this website if you do not comply with these terms and conditions.

Accuracy of Information. We attempt to be as accurate as possible; however, we do not warrant that all product descriptions, photographs, pricing or other information on the Sites is accurate, complete, current, or error-free. All weights and size dimensions are approximate. All features, content, specifications, products and services described or depicted on the Sites are subject to change at any time without notice. Beekman New York makes all reasonable efforts to accurately display the attributes of our products, including the applicable colors; however, the actual color you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colors. The inclusion of any products or services on the Sites at a particular time does not imply or warrant that these products or services will be available at any time.

Beekman New York may make changes in information about price and availability without notice. If a piece of jewelry offered by Beekman New York is not as described or pictured, your sole remedy is to return it in an unused condition for a refund, per the terms of your Client Agreement. In the event of an error, whether on the Sites, in an order confirmation, in processing an order, in delivering a product or otherwise, we reserve the right to correct such error and revise your order accordingly, or to cancel the order and refund any amount charged.

Your sole remedy in the event of an error is to cancel your order and obtain a refund, per the terms of your Client Agreement. In the event a piece of jewelry is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, Beekman New York shall have the right to refuse or cancel any orders placed for jewelry listed with incorrect fees. Beekman New York shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your Method of Payment charged. If your Method of Payment has already been charged for the purchase and your order is canceled, Beekman New York shall immediately issue a credit to your credit card account in the amount of the refundable portion of the charge.

Website Photos.  Some pieces may appear larger or smaller in photographs than they are in real life.

Client Accounts. Users of this website age eighteen (18) and older may register for an account. If you are under the age of eighteen (18), you may not register for access to an account. When you register for an account, you hereby represent that:

  • You meet the age requirements posted on the website;
  • The information you provide is accurate, current and complete, and you agree to maintain and promptly update your information so that it remains accurate, current and complete;
  • You will be responsible for all activities and transactions that take place;
  • You will be solely responsible for maintaining the secrecy and security of your account, login, and password and for restricting access to your computer.

We reserve the right to terminate any Client account or cancel orders in our discretion.

You may also sign up to become a Member and/or receive promotional emails from us. When you ask to be placed on our email list, you hereby confirm that you are over the age of eighteen (18) and that you wish to receive promotional emails from us. If you are receiving promotional email from us and would like to be taken off our list, simply click the link at the bottom of any email to unsubscribe.

Third Party Links. From time to time, the Site may contain links to websites that are not owned, operated or controlled by Beekman New York or its respective affiliates. All such links are provided solely as a convenience to you. If you use these links, you will leave the Site(s). Neither we nor any of our respective affiliates are responsible for any content, materials or other information located on or accessible from any other website(s). Neither we nor any of our respective affiliates endorse, guarantee, or make any representations or warranties regarding any other websites, or any content, materials or other information located or accessible from any other websites, or the results that you may obtain from using any other websites. If you decide to access any other websites linked to or from the Sites, you do so entirely at your own risk.

Governing Law and Jurisdiction.  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, our Privacy Policy, or our Client Agreement, shall be resolved through binding arbitration before AAA 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.

Copyright Claim Policy. We do not permit anyone to post materials on our website that infringe the copyrights of others. If you believe any content on our website infringes your rights or if you are acting with consent on behalf of someone who does, please send us notice to obtain a copy of our Copyright Infringement Claims Procedure.

Severability. If any provision of these terms and conditions is found to be illegal or unenforceable, the remaining provisions of these terms and conditions shall be unaffected and shall continue to be fully valid, binding, and enforceable.

Entire Agreement. These terms and conditions and our Privacy Policy constitute the entire understanding and agreement between you and us with respect to the use of our website.