Terms & Conditions
These terms and conditions apply to www.begallery.com (the “Website”or the “Site”). The Site is operated by be.gallery ltd (“be.gallery”). Throughout the site, the terms “we”, “us”, and “our”refer to be.gallery. be.gallery offers the Site, including all information, tools and services available from the Site to you, the user, conditioned upon your acceptance of all the terms, conditions, policies and notices stated here. Your use of the site creates a valid and binding agreement between you and be.gallery regarding the terms, conditions, policies, and notices contained on the Website. To make purchases on the Website you must be at least eighteen (18) years old or have the permission of a parent or guardian. By using the Website, you acknowledge that you are either 1) at least eighteen (18) years old or 2) have the permission of a parent or guardian.
You hereby acknowledge and agree that be.gallery may, in its sole discretion, modify, add or remove any portion of these Terms and Conditions at any time and in any manner, including the terms of your be.gallery membership, by posting revised Terms and Conditions on the Website. The current version of the Terms and Conditions can be found on this page. It is your responsibility to check periodically for any changes to this Agreement. Your continued use of the Website after any changes to the Terms and Conditions means you accept the changes.
- Membership Account
You may set up a membership account on the be.gallery Website for ease of making purchases. Your enrollment requires the following: 1) agreeing to these Terms & Conditions, and 2) providing contact information and identification information, including but not limited to setting up a username and password. You are responsible for your membership account and any activity that occurs from your account. You may be held personally liable for any breaches of the Terms & Conditions that occur through the activity on your account. If you believe your account is being used without your authorization, contact be.gallery immediately.
- Membership Termination
You may cancel your be.gallery membership at any time by contacting customer service on the “Contact Us”page of the Website. Be.gallery may terminate your membership and refuse any and all current and future use of the Website when be.gallery determines such termination is appropriate in its sole discretion.
- User Reviews, Comments, and Submissions
Be.gallery welcomes and encourages your reviews, comments, and other communications you submit through or to the Site (“User Content”) as long as the User Content submitted by you complies with these Terms & Conditions and is accurate, not in violation of any law or regulation, will not cause injury to any person or entity, will not contain, or provide links to, any language or references that could be considered harmful or threatening to any person or entity, or contain any malware, political campaigning, commercial solicitation or chain letters, or content which could be construed as such. You are solely responsible for the User Content you submit. You acknowledge and agree that we reserve the right (but have no obligation) to do any or all of the following, in our sole discretion: (i) monitor User Content; (ii) alter, remove, or refuse to post or allow to be posted any User Content; and/or (iii) disclose any User Content, and the circumstances surrounding its transmission, to any third party. For any User Content you submit, you grant to be.gallery a non-exclusive, sub-licensable, fully paid-up, perpetual, irrevocable, royalty-free, transferable right and license to use, display, perform, transmit, copy, modify, delete, adapt, publish, translate, and create derivative works from such User Content and to incorporate the User Content into any form, medium, or technology, now known or hereafter developed, throughout the world, all without compensation to you. For this reason, do not send us any User Content through the Site that you do not wish to license to us.
SALE OF PRODUCTS
Be.gallery may, in its sole discretion, cancel an order when an item is out of stock, has been incorrectly priced, when be.gallery suspects the purchase is fraudulent, or in other circumstances that be.gallery deems appropriate. You will not be charged for these canceled purchases, but if your credit card has already been charged be.gallery will refund the charges as soon as possible.
- Shipping & Taxes
When required by law, sales tax will be added to your purchase on your invoice and shall include applicable state and local taxes. Be.gallery offers several shipping options and you will see the estimated shipping time and costs of each of these as you proceed to checkout with your items. Due to payment type, be.gallery’s payment approval procedures, weather conditions, and/or issues due to third-party shipping services may result in a delay in shipping or delivery of your purchase. Be.gallery makes no representations or warranties for a guaranteed shipping time and shall not be liable for any delays in shipping or receipt of items.
- Return Policy
Be.gallery accepts returns on certain merchandise as described in our return policy which can be found on our Shipping & Returns page. Please contact customer service on the “Contact Us”page of the Website for further information.
- Typographical Errors
In the event that a product is listed at an incorrect price or with incorrect information due to a typographical error or error in pricing or product information, be.gallery shall have the right to refuse or cancel any orders for products listed at an incorrect price. If your credit card has already been charged at the time the order is canceled under this provision, be.gallery shall immediately issue a credit to your credit card account in the amount of the charge. You may then choose to purchase the product at the proper price after be.gallery corrects the typographical error.
Some items may appear slightly larger or smaller than actual size due to screen defaults and photography techniques. Other items may be represented at a larger than actual size in order to clearly show details, or smaller than actual size in order to show the entire item.
- Third-Party Resources
The Website may contain links to other websites or resources that are operated by third parties not associated with be.gallery. These links are provided as a convenience to you; be.gallery is not responsible for the content, advertising, products, or other materials that are available on or because of such third-party sites.
- Intellectual Property
All content on the Site, including text, graphics, text, data, features, design, functionality, logos, images, icons, video, downloads, software, as well as the arrangement thereof (the “Content”), is the exclusive property of begallery.com, be.gallery ltd, or its suppliers and protected by U.S. and International copyright laws. The Site can be used as a shopping resource, however any reproduction, modification, distribution, transmission, republication, display or performance of the Site or the content of the Site is strictly prohibited. The Content is protected by U.S. trademark and other applicable law. The use of any of the Content without the express written consent of be.gallery is strictly prohibited. The Content shall not to be used in any manner that is likely to cause confusion or in any manner that disparages, discredits, or dilutes the be.gallery name. Any other trademarks not owned by be.gallery ltd. that appear on this site are the property of their respective owners. Nothing on this Site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on the Site without the owner’s prior written consent, except as otherwise described herein.
- Disclaimer & Indemnification
The Site is provided by be.gallery ltd. on an “AS IS”basis. Be.gallery ltd makes no representations or warranties of any kind, express or implied, as to the operation of the Site, the information, content, materials or products included on the Site. To the full extent permissible by applicable law, be.gallery ltd disclaims all warranties, express and implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose, NON-INFRINGEMENT, AND TITLE. Be.gallery ltd will not be liable for any damages of any kind arising out of or from the use of the Site or the products purchased using the Site, including but not limited to direct, indirect, incidental, punitive and consequential damages. YOU ACKNOWLEDGE THAT WE ARE NOT RESPONSIBLE OR OTHERWISE LIABLE FOR THIRD-PARTY CONTENT OR THE ACTS OR OMISSIONS OF THIRD-PARTY PROVIDERS AND THAT ANY CLAIMS OR OTHER CAUSES OF ACTION AVAILABLE TO YOU IN CONNECTION WITH EITHER OF THE FOREGOING SHALL BE BROUGHT AGAINST THE APPLICABLE THIRD-PARTY PROVIDER(S) AND NOT US.The website is provided on an “as is” and “as available” basis. be.gallery reserves the right to restrict or terminate your access to the site at any time. be.gallery disclaims any warranties that access to the site will be uninterrupted, that the site will be virus-free, or that the information on the site is correct and complete. if you download any content from the website, you are solely responsible for any and all damage to your computer and/or loss of data that results from the download.YOU AGREE TO INDEMNIFY AND HOLD HARMLESS BE.GALLERY AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, OR OTHER PARTNERS, AND EMPLOYEES, FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEY FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR USE OF THE WEBSITE, YOUR VIOLATION OF THIS AGREEMENT, OR YOUR ACTIONS THAT HARM THE RIGHTS OF ANOTHER PERSON OR ENTITY.
- Limitation on Liability
YOU AND BE.GALLERY ACKNOWLEDGE AND AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OR THE CAUSE OF ACTION IS PERMANENTLY BARRED.
- Applicable Law
The Site is created and controlled by be.gallery ltd in the State of Ohio, of the United States of America. Accordingly, the laws of the State of Ohio will govern these disclaimers, terms and conditions, without giving effect to any principles of conflicts of laws.
- Dispute Resolution
All disputes between you and be.gallery, arising out of or in connection with or relating to these Terms & Conditions shall be resolved, at the filing party’s election, in either a Cuyahoga County small claims court or by final and binding arbitration administered by an arbitration association or organization selected mutually by the Parties. In dispute resolution, each Party shall pay its own fees and any failure to do so shall result in a final dismissal of all claims. All disputes shall be resolved solely between the named parties and shall not include representatives or a class basis. By using the Website, you acknowledge and agree to waive your right to a jury trial.
Should any provision of this Agreement be held to be illegal, void or unenforceable, such provision shall be of no force and effect, however, the illegality or unenforceability of any such provision shall have no effect upon, and shall not impair the enforceability of, any other provision of this Agreement.
- Entire Agreement
No waiver of any condition or covenant contained in this Agreement or failure to exercise a right or remedy by any of the Parties hereto shall be considered to imply or constitute a further waiver by such Party of the same or any other condition, covenant, right or remedy.