1.2 Our website is only intended for people making purchases residing in the USA, Canada, Australia, New Zealand and Europe (our ‘Serviced Countries’). We do not accept purchases from individuals outside those countries at this point in time.
1.3 By agreeing to our Terms, you represent and warrant that:
You are legally capable of entering into binding contracts;
You are at least the age of majority in your state or province of residence.
1.4 You agree to not use our website to conduct any activity that would constitute a civil or criminal offence or violate any law. You agree not to attempt to interfere with our website’s network or security features or to gain unauthorized access to our systems.
1.6 We reserve the right to refuse service to anyone, at any time, for any reason. We reserve the right to make any modifications to the website, including terminating, changing, suspending or discontinuing any aspect of the website at any time, without notice. We may impose additional rules or limits on the use of our website. You agree to review the Terms regularly and your continued access or use of our website will mean that you agree to any changes.
1.7 You agree that we will not be liable to you or any third party for any modification, suspension or discontinuance of our website or for any service, content, feature or product offered through our website.
2.1 All purchases through our website are subject to product availability. We may, in our sole discretion, limit or cancel the quantities offered on our website or limit the sales of our products or services to any person, household, geographic region or jurisdiction.
2.2 Prices for our products are subject to change, without notice. Unless otherwise indicated, prices displayed on our website are quoted in United States dollars (USD).
2.3 The subscription plans to our services consists of recurring period charges as agreed to by you. By accepting these terms of service, you acknowledge that your subscription has a recurring payment feature and you accept responsibility for all recurring charges prior to cancellation.
2.4 To terminate your authorization or change your payment method, please access your account information through the ‘My Account’ link within www.blueberrycovebeads.com
2.5 By subscribing to our monthly Bead Subscription you agree to allow Blueberry Cove Beads to take regular recurring monthly payments of $22.00(USD) plus shipping from your credit/debit card. Should you wish to cancel, you can do so at any time. Blueberry Cove Beads reserve the right to alter its subscription fees at any time however, at least 28 days written notice will be provided should this occur. Subscription payments will be taken on the 3rd day of every month (or in the case of a holiday the first available day after the 3rd) and boxes will be dispatched within 7 days of payment being taken. If you cancel your subscription you can re-subscribe at any time following your cancellation, but we reserve the right not to permit re-subscription where we have previously elected to terminate a subscription by you.
2.6 Auto-renewal. Following your subscription period of 1 month your subscription will be automatically renewed for the same renewal period of your previous subscription, at the then-current non-promotional subscription rate. To cancel your subscription, you must go to www.blueberrycovebeads.com and do so in your accounts section. If you cancel, you may use your subscription until the end of your then-current subscription term; your subscription will not be renewed after your then-current term expires. However, you will not be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period.
2.7 We reserve the right at our absolute discretion not to renew your subscription at any time without giving any reasons for our decision.
2.8 We reserve the right, in our sole discretion, to refuse orders, including without limitation, orders that appear to be placed by distributors or resellers. If we believe that you have made a false or fraudulent order, we will be entitled to cancel the order and inform the relevant authorities.
3. Delivery Policy
3.1 All orders are subject to availability. If we are out of stock of an item at the time you place your order we will contact you by email and refund you the total amount paid.
3.2 Boxes can only be delivered to addresses within the United States , Canada, Australia, New Zealand and Europe. We dispatch from Nova Scotia Canada, and currently use CanadaPost to deliver the bead boxes.
3.3 Delivery time will vary depending on your location. CanadaPost estimates delivery within 2 business days within a city, 3 business days within a province, and 4 business days nationally. For customers in the USA, delivery is estimated at between 7 to 10 days. Delivery times are to be used as a guide only. Unless there are exceptional circumstances we make every effort to ship out monthly orders on the 9th of each month. Please note we do not ship on weekends or holidays.
3.3 Shipping charges for monthly subscriptions are a flat rate fee. Shipping charges for individual purchases from our shop are calculated based on quantity. To determine the shipping charges, place the items into your cart, progress to checkout and shipping charges will be displayed.
4.1 Customers acknowledge that Blueberry Cove Beads packs and distributes Products according to their own discretion, which may be based on other factors including their assessment of the price, availability, description, suitability, safety, use, storage, legality, expiry, quantity, quality or condition of the Product.
4.2 Customers acknowledge that Blueberry Cove Beads packs and distributes Product in bulk and in a generic manner not specific to any Customer.
4.3 We reserve the right to refuse, alter, limit, suspend, discontinue, commence, or recommence Products for any reason at any time and against any Customer, without notice.
4.4 We shall not be liable to any Customer or third party in relation to any loss or damage incurred by refusal, alteration, limitation, suspension, or discontinuance, of Products.
4.5 Blueberry Cove Beads does not make any representations, warranties, or guarantees regarding the Suppliers or Products and, specifically, with regard to the price, availability, description, suitability, safety, use, storage, legality, expiry, quantity, quality or condition of the Products.
4.6 Blueberry Cove Beads shall not be liable to any Customer or third party in relation to any loss or damage incurred as a result of the Products, specifically including their description, suitability, safety, use, storage, legality, expiry, quantity, quality or condition.
4.7 We do not guarantee the accuracy of the colour or design of the products on our website. We have made efforts to ensure the colour and design of our products are displayed as accurately as possible on our website. Every effort is made to ensure all boxes are the same for a given month, but occasionally product shortages may require replacement of one or more items.
5. Price and payment
5.1 The price of the Products and our delivery charges will be as quoted on our site from time to time, except in cases of obvious error.
5.2 Product prices do not include tax. Sales tax is charged according to the province or territory the item is being shipped to. This will be added to the total at checkout. There is no sales tax charged to US or international customers.
5.3 Product prices and delivery charges are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation.
5.4 Payment for all Products and Services must be by credit or debit card. We accept payment with Visa and Mastercard.
5.5 If payment is attempted on the recurring payment date and payment is unable to be taken, you will be given another opportunity to make payment. If payment is still not made, your membership will be cancelled.
6. Returns Policy
6.1 We do not accept returns or exchanges unless the item you purchase is proved to be defective, which must be proved by the customer. If you receive a defective item please use our website contact form or contact us at [email protected] with details of the issue, photographs and any other necessary information. We will contact you by email and try our best to reach a workable solution.
6.2 Defective products can be returned to Blueberry Cove Beads, PO Box 184, Canning, Nova Scotia B0P 1H0 Canada. Shipping charges for all returns must be paid for by you. You are responsible for any loss or damage during shipment. Once the product has been received we will fully examine it and notify you by email within a reasonable time whether you are entitled to a refund or replacement of the item. Shipping and handling charges are not refundable; any amounts refunded will not include cost of shipping.
7.1 You can cancel your subscription at any point. Cancellation must be through the ‘My Account’ page of the website www.blueberrycovebeads.com. You remain responsible for ensuring that any such change or cancellation is not only transmitted by you, but received by us.
7.2 Despite the above provision, you are entitled to cancel a payment for products where fraudulent use has been made of your payment card by a person not acting, or to be treated as acting, as your agent. If you have already made a payment where your payment card has been so fraudulently used, then you should approach your card issuer for recredit to your card.
7.3 We reserve the right to terminate or restrict your use of our service, for any or no reason whatsoever. One reason that we may do so is if we believe that you are in breach of any obligation under these terms. If we terminate your use of our service as a result of a breach of any obligation under these terms, such termination would be immediate and without notice.
8. Promotion codes
8.1 Any promotion code or offer provided on this site cannot be used in conjunction with any other promotion, past or present.
9. Force Majeure
9.1 We will not be liable to you for any lack of performance, or the unavailability or failure, of this website or our services, or for any failure by us to comply with these Terms of Service, where such lack, unavailability or failure arises from any cause reasonably beyond our control.
10.1 We warrant to you that any Product purchased from us through our site will, on delivery, conform with its description, be of satisfactory quality, and be reasonably fit for all the purposes for which products of that kind are commonly supplied.
11. Acceptance of these terms and conditions
11.1 Your access to and use of our website and services is subject exclusively to these Terms of Service. They supersede any prior agreement, understanding or arrangement between you and us, whether oral or in writing. Both you and we acknowledge that, in entering into these Terms, neither you nor we have relied on any representation, undertaking or promise given by the other or implied from anything said or written between you and us prior to such Terms, except as expressly stated in the Terms.You will not use the Website for any purpose that is unlawful or prohibited by these Terms and Conditions. By using the Website you are accepting these terms and conditions.
12. Links to other websites
12.1 From time to time, this Website may also include links to other Websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the Website (s). We have no responsibility for the content of the linked website(s). We do not review, endorse, approve or control, and are not responsible for any sites linked from or to our website, the content of those sites, the third parties named therein, or their products and services. Links to downloadable software sites are for convenience only and we are not responsible or liable for any difficulties or consequences associated with downloading the software. Use of any downloaded software is governed by the terms of the license agreement, if any, which accompanies or is provided with the software.
13. Your conduct
13.1 You agree not to upload, post, email or otherwise send or transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, harm, damage, destroy or limit the functionality of any computer software or hardware or equipment linked directly or indirectly with this website. You also agree not to interfere with the servers or networks underlying or connected to this website or our services or to violate any of the procedures, policies or regulations of networks connected to this website.
13.2 You agree not to impersonate any other person while using this website, conduct yourself in an offensive manner while using our website, or use the website for any illegal, immoral or harmful purpose.
13.3 You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. In order to provide you with an easy-to-use service, Blueberry Cove Beads will place a ‘cookie’ (a small text file) on any computer you use to access the website. When you revisit the website, this cookie will enable us to recognise you as the account holder and provide you with direct access to your account without requiring you to retype any password or other user identification.
13.4 You acknowledge that you are responsible for the information, profiles, opinions, messages, comments and any other content (collectively, the “Content”) that you post, distribute or share on or through our website or services available in connection with our website. You further acknowledge that you have full responsibility for the Content, including but limited to, with respect to its legality, and its trademark, copyright and other intellectual property ownership.
13.5 You agree that any Content submitted by you in response to a request by us for a specific submission may be edited, adapted, modified, recreated, published, or distributed by us. You further agree that we are under no obligation to maintain any Content in confidence, to pay compensation for any Content or to respond to any Content.
13.6 You agree that you will not post, distribute or share any Content on our website that is protected by copyright, trademark, patent or any other proprietary right without the express consent of the owner of such proprietary right. You further agree that your Content will not be unlawful, abusive or obscene nor will it contain any malware or computer virus that could affect our website’s operations. You will be solely liable for any Content that you make and its accuracy. We have no responsibility and assume no liability for any Content posted by you or any third-party.
13.7 We reserve the right to terminate your ability to post on our website and to remove and/or delete any Content that we deem objectionable. You consent to such removal and/or deletion and waive any claim against us for the removal and/or deletion of your Content.
14. Website availability
14.1 Although we aim to offer you the best service possible, we make no promise that our website services will meet your requirements and we cannot guarantee that the service will be fault free. If a fault occurs in the service, please report it to us at [email protected] and we will correct the fault as soon as we reasonably can.
14.2 Your access to the Blueberry Cove Beads website may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will restore the service as soon as we reasonably can. In the event that our website is unavailable, our usual order and cancellation deadlines apply; please notify us of changes to your order via email.
15.1 You agree to defend and indemnify us, and and hold us, Blueberry Cove Beads and our respective directors, officers, agents, contractors, and employees harmless from and against all liabilities, legal fees, damages, losses, costs and other expenses in any way arising from, related to or in connection with your use of our website, your violation of the Terms, or the posting or transmission of any materials on or through the website by you, including but not limited to, any third party claim that any information or materials provided by you infringe upon any third party proprietary rights.
16. Governing law
17. Changes to the Website or Service
17.1 We reserve the right to make changes to our Website, policies, and these Conditions at any time without notice and you confirm that Blueberry Cove Beads shall not be liable to you for any such change or removal. Your continued use of the Website following any changes shall be deemed to be your acceptance of such change.
18. Disclaimer of Warranties and Limitations on Liability
18.1 You assume all responsibility and risk with respect to your use of our website and its contents, which is provided “as is” without warranties, representations or conditions of any kind, either express or implied, with regard to information accessed from or via our website, including without limitation, all content and materials, and functions and services provided on our website, all of which are provided without warranty of any kind, including but not limited to warranties concerning the availability, accuracy, completeness or usefulness of content or information, uninterrupted access, and any warranties of title, non-infringement, merchantability or fitness for a particular purpose.
18.2 We do not warrant that our website or its functioning or the content and material of the services made available thereby will be timely, secure, uninterrupted or error-free, that defects will be corrected, or that our websites or the servers that make our website available are free of viruses or other harmful components.
18.3 The use of our website is at your sole risk and you assume full responsibility for any costs associated with your use of our website. We will not be liable for any damages of any kind related to the use of our website.
18.4 This website and its contents are provided “as is” and on an “as available” basis and we make no representations or warranties of any kind with respect to it. We assume no liability or responsibility for any errors or omissions in the content of the website, any failures, delays, or interruptions in the shipment of boxes, delivery or downloading of any content contained on the website, any costs, losses, expenses or damages arising from the use of the content provided on the website or any conduct by users of the website. We reserve the right to deliver boxes of content at our sole discretion. Subject to clause 18.1, we disclaim all representations and warranties, including, for example, warranties of merchantability, fitness for a particular purpose, and non-infringement. In addition, we do not represent or warrant that the information accessible via our site is accurate, complete or current.
18.5 In no event will we, or our affiliates, our or their respective content or service providers, or any of our or their respective directors, officers, agents, contractors, suppliers or employees be liable to you for any direct, indirect, special, incidental, consequential, exemplary or punitive damages, losses or causes of action, or lost revenue, lost profits, lost business or sales, or any other type of damage, whether based in contract or tort (including negligence), strict liability or otherwise, arising from your use of, or the inability to use, or the performance of, our website or the content or material or functionality through our website, even if we are advised of the possibility of such damages.
18.6 Certain jurisdictions do not allow limitation of liability or the exclusion or limitation of certain damages. In such jurisdictions, some or all of the above disclaimers, exclusions, or limitations, may not apply to you and our liability will be limited to the maximum extent permitted by law.
19.1 Our failure to exercise or enforce any right or provision of the Terms will not constitute a waiver of such right or provision. A waiver by us of any default will not constitute a waiver of any subsequent default. No waiver by us of any of these terms and conditions will be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
No liability for any damage or injury is accepted in the event of the use of any of the contents for any purpose other than as Craft works (or equivalent).
20. Our right to vary these terms and conditions.
20.1 We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system’s capabilities.
20.2 You will be subject to the policies and terms and conditions in force at the time that you order any of our subscription services from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Dispatch Confirmation.
21.1 All copyright, trade marks and all other intellectual property rights in the Website and its Content (including without limitation the Website design, text, graphics and all software and source codes connected with the Website) are owned by or licensed to Blueberry Cove Beads or otherwise used by Blueberry Cove Beads as permitted by law.
21.2 In accessing the Website you agree that you will access the Content solely for your personal, non-commercial use. None of the Content may be downloaded, copied, reproduced, transmitted, stored, sold or distributed without the prior written consent of the copyright holder. This excludes the downloading, copying and/or printing of pages of the Website for personal, non-commercial home use only.
22. Errors and Omissions
22.1 Please note that our website may contain typographical errors or inaccuracies and may not be complete or current. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time, without prior notice (including after an order has been submitted). Such errors, inaccuracies or omissions may relate to product description, pricing, promotion and availability and we reserve the right to cancel or refuse any order placed based on incorrect pricing or availability information, to the extent permitted by applicable law.
22.2 We do not undertake to update, modify or clarify information on our website, except as required by law.
23.1 If any of the provisions of the Terms are determined by any competent authority to be invalid, unlawful or unenforceable, such provision will to that extent be severed from the remaining Terms, which will continue to be valid and enforceable to the fullest extent permitted by law.
24. Questions or concerns
24.1 Please contact us with any questions, comments or feedback at [email protected]
This version last updated 27/9/14