TERMS AND CONDITIONS
Terms & Conditions
Beachview brews and cues owns and operates this Website. The terms and conditions set forth in this document govern your relationship with Beachview Brews and Cues and your use of the website located at https://www.beachviewbrewsandcues.com.
Your access to and your use of this Website, and the purchase and sale of the products and services that are available through this Website, (collectively, the “Services”) are subject to the following terms, conditions, and notices (the “Terms of Service”). By using the Services, you are agreeing to each of these Terms of Service, all as may be updated by us from time to time. You should check this page regularly to take notice of any changes that we may have made to these Terms of Service.
Access to this Website is permitted on a temporary basis, and Beachview Brews and Cues reserve the right to withdraw or amend the services without notice. Beachview Brews and Cues will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, Beachview Brews and Cues may restrict access to some parts or to all of this Website. Beachview Brews and Cues will not be liable if for any reason some or any portion of this Website is unavailable at any time or for any period.
This Website may contain links to other websites that are not operated by Beachview Brews and Cues (the “Linked Sites”). Beachview Brews and Cues have no control over the Linked Sites and accepts no responsibility for them, nor for any loss or damage that may arise from your use of the Linked Sites. Your use of the Linked Sites will be subject to the terms of use and service contained within each such Linked Site.
Privacy Policy
Beachview Brews and Cues privacy policy and cookie policy, which describe how we will use your information, can be found at on our website. By using this Website, you consent to the processing described therein and warrant that all data that you provide is truthful and accurate.
Prohibitions
By your use of this Website, you agree that you will not misuse this Website. You further agree that you will not: (a) commit or encourage a criminal offense; (b) transmit or distribute a virus, trojan, worm, logic bomb or any other material that is malicious, technologically harmful, in breach of an obligation of confidence or that is in any way offensive or obscene; (c) hack into any aspect of the Service; (d) corrupt data; (e) cause annoyance to other users; (f) infringe upon the rights of any other person’s proprietary rights; (g) send any unsolicited advertising or promotional material, commonly referred to as “spam”; or (h) attempt to affect the performance or functionality of any computer facilities of or accessed through this Website. Any breach of this provision may constitute a criminal offense and we will report any such breach to the relevant law enforcement authorities and disclose your identity to them.
Beachview Brews and Cues will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it.
Intellectual Property, Software and Content
The intellectual property rights in all software and content (including photographic images) made available to you on or through this Website remain the property of Beachview Brews and Cues us or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by us and its licensors. You may store, print and display the content supplied solely for your own personal non-commercial use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise.
Terms of Sale
Placing an order for products means that you are offering to purchase that product on and subject to the following terms and conditions of sale.
All purchasers must be at least eighteen (18) years of age and must possess a valid credit or debit card issued by a bank acceptable to us. Placement of an order indicates that you represent and warrant (1) that all of the information that you provide to us are true and accurate; (2) that you are an authorized user of the credit or debit card used to place your order; and (3) that there are sufficient funds to cover the cost of the goods ordered.
All orders placed on this Website are subject to: (1) product availability; and (b) our confirmation of the order quantity and price. Beachview Brews and Cues retains the right to refuse any orders. All prices advertised are subject to such changes.
Product shipment may vary according to availability and is subject to any delays resulting from postal delays or force majeure for which Beachview Brews and Cues will not be responsible.
(a) Our Contract
When you place an order, you will receive an acknowledgment e-mail confirming receipt of your order from sales@beachviewbrewsandcues.com : this is not an acceptance of your order. No contract is formed until Beachview Brews and Cues transmit an e-mail confirmation that the goods that you ordered have been shipped to you. Only those goods listed in the confirmation e-mail sent at the time of shipment will be included in the contract formed.
(b) Pricing and Availability
Errors in product details, descriptions and prices may occur despite efforts to ensure accuracy. If Beachview Brews and Cues discovers an error in the price of any goods that you have ordered, then Beachview Brews and Cues will inform you regarding the error, and you will have the option of either reconfirming your order at the correct price or cancelling it. If Beachview Brews and Cues is unable to contact you, then Beachview Brews and Cues will treat the order as cancelled. If you cancel the order after you have already paid for the goods, then you will receive a full refund.
(c) Payment
On receipt of your order Beachview Brews and Cues will seek authorization for payment from your card issuer. Your card will be debited upon receipt of that authorization, and funds received will be treated as a deposit against the value of the goods you have ordered for purchase.
(d) Returns and Refunds
We cannot accept opened, damaged, or partially used products.
Disclaimer of Liability
The material displayed on this Website is provided without any guarantees, conditions, or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law https://www.beachviewbrewsandcues.com and its suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website or the Linked Sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise.
Intellectual Property Disclaimer
Any trademarks/names or copyrighted materials on this Website are owned by the respective trademark owners or copyright holders. Where a trademark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to Beachview Brews and Cues
Indemnity
You agree to indemnify, defend, and hold harmless Beachview Brews and Cues, its shareholders, directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use of this Website or your breach of the Terms of Service.
Variation
Beachview Brews and Cues reserves the right in its absolute discretion to amend, remove or vary the Services and/or any page of this Website at any time and without notice.
Invalidity
If any provision of these Terms of Service or the application of these Terms of Service are construed or held to be void, invalid or unenforceable by the order, decree, or judgment of a court, then the remaining provisions of this Agreement will not be affected thereby but will remain in full force and effect.
Waiver
Any term or condition of these Terms of Service may be waived by Beachview Brews and Cues at any time, but no such waiver will be effective unless set forth in a written instrument waiving such term or condition and that is executed by an authorized representative of Beachview Brews and Cues. No waiver of any term or condition of these Terms of Service will be deemed to be or construed as a waiver of the same or any other term or condition of these Terms of Service on any future occasion.
WHY IS PEACH PAYMENTS MENTIONED AT CHECKOUT
Peach Payments performs technical services to support payments to online or internet businesses. This service includes consulting on a selection of technical and administrative topics, configuring and provisioning of a transaction platform, and providing access to this platform.
CARD HOLDER SAFETY
No sensitive cardholder data is stored on merchants' servers at any time for either once-off or subscription payments (Please contact your account manager for additional compliance points for REST API integrations).
When a user opts to store card details on a website using Peach Payments, these details are stored by Peach Payments in a PCI DSS level 1 compliant vault. Sensitive cardholder details are directly transmitted from users’ browsers to Peach Payment’s systems. Merchants' staff and systems do not have access to complete card number details at any point in time, on Peach Payments platforms.
Entire Agreement
The above Terms of Service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and Beachview Brews and Cues.