Terms of service

TERMS OF SERVICE

OVERVIEW

Welcome to Bea.By Bre Luxe Rewear! The terms "we", "us" and "our" refer to Bea.By Bre Luxe Rewear. Bea.By Bre Luxe Rewear operates this store and website, including all related information, content, features, tools, products and services in order to provide you, the customer, with a curated shopping experience (the "Services"). Bea.By Bre Luxe Rewear is powered by Shopify, which enables us to provide the Services to you.

The below terms and conditions, together with any policies referenced herein (these "Terms of Service" or "Terms"), describe your rights and responsibilities when you use the Services.

Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.

By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy, available through our website. If you do not agree to these Terms of Service or Privacy Policy, you should not use or access our Services.

SECTION 1 - ACCESS AND ACCOUNT

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase or manage.

To use the Services, including accessing or browsing our online store or purchasing any of the products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all the information you provide in our store is correct, current and complete and that you have all rights necessary to provide this information.

You are solely responsible for maintaining the security of your account credentials and for all of your account activity. You may not transfer, sell, assign, or license your account to any other person.

SECTION 2 - OUR PRODUCTS

We have made every effort to provide an accurate representation of our products and services in our online store. However, please note that colors or product appearance may differ from how they appear on your screen due to the type of device you use to access the store and your device settings and configuration.

Certain products sold by Bea.By Bre Luxe Rewear are pre-loved, creator-worn, refurbished, customized, altered, or otherwise previously handled items. Product listings will identify the condition of the item and, where applicable, disclose known alterations, wear, customization, or imperfections. Because many items are unique and pre-loved, normal signs of prior use or disclosed characteristics are not considered defects.

Customers are responsible for carefully reviewing all product photos, descriptions, measurements, specifications, condition details, and disclosures before completing a purchase.

Hair products may naturally vary in texture, curl pattern, density, length appearance, color, and overall presentation. Styling, washing, brushing, product application, lighting, device displays, and other factors may affect how hair appears.

Some products offered by Bea.By Bre Luxe Rewear may be brand new, unused, or unopened rather than pre-loved. The condition of each product will be identified in its individual product listing.

We do not warrant that the appearance or quality of any products or services purchased by you will meet your personal expectations or appear exactly as depicted on your device. This does not affect your rights if an item is materially different from its product listing or if Bea.By Bre Luxe Rewear makes an error in fulfilling your order.

All descriptions of products are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities of any products that we offer to any person, geographic region or jurisdiction, on a case-by-case basis.

SECTION 3 - ORDERS

When you place an order, you are making an offer to purchase. Bea.By Bre Luxe Rewear reserves the right to accept or decline your order for any lawful reason at its discretion. Your order is not accepted until Bea.By Bre Luxe Rewear confirms acceptance. We must receive and process your payment before your order is accepted.

Please review your order carefully before submitting it. Due to the limited and often one-of-a-kind nature of our inventory, orders may begin processing shortly after acceptance and cancellation requests cannot be guaranteed.

In the event that we do not accept, make a change to, or cancel an order, we will attempt to notify you by contacting the email address, billing address, and/or phone number provided at the time the order was made.

Your purchases are subject to return, refund, or exchange solely in accordance with our Refund and Return Policy available through our website.

You represent and warrant that your purchases are for your own personal or household use and not for unauthorized commercial resale or export.

SECTION 4 - PRICES AND BILLING

Prices, discounts and promotions are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email.

Unless otherwise expressly stated, posted prices do not include applicable taxes, shipping, or handling charges.

Prices posted in our online store may be different from prices offered through other sales channels operated by Bea.By Bre Luxe Rewear. We may offer, from time to time, promotions on the Services that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.

You agree to provide current, complete and accurate purchase, payment and account information for all purchases made through our store. You agree to promptly update your account and other information, including your email address and payment information, so that we can complete your transactions and contact you as needed.

You represent and warrant that (i) the payment information you provide is true, correct, and complete, (ii) you are duly authorized to use the payment method provided for the purchase, (iii) charges incurred by you will be honored by your payment provider, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any.

SECTION 5 - SHIPPING AND DELIVERY

All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers or events outside our reasonable control.

Shipping and delivery are subject to our Shipping Policy. Please refer to that policy for additional information regarding order processing, shipping methods, tracking, delivery issues, and carrier delays.

SECTION 6 - INTELLECTUAL PROPERTY

Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics, product reviews, video, and audio, and the design, selection, and arrangement thereof, are owned by Bea.By Bre Luxe Rewear, its affiliates or licensors and are protected by applicable U.S. and foreign intellectual property laws.

These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Services without our prior written consent.

Except as expressly provided herein, nothing in these Terms grants or shall be construed as granting a license or other rights to you under any patent, trademark, copyright, or other intellectual property of Bea.By Bre Luxe Rewear, Shopify or any third party. Unauthorized use of the Services may be a violation of federal and state intellectual property laws. All rights not expressly granted herein are reserved by Bea.By Bre Luxe Rewear.

Bea.By Bre Luxe Rewear's names, logos, product and service names, designs, and slogans are trademarks or intellectual property of Bea.By Bre Luxe Rewear or its affiliates or licensors, as applicable. You must not use such materials without prior written permission from Bea.By Bre Luxe Rewear.

Shopify's name, logo, product and service names, designs and slogans are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners.

SECTION 7 - OPTIONAL TOOLS

You may be provided with access to customer tools offered by third parties as part of the Services, which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools "as is" and "as available" without warranties, representations or conditions of any kind and without endorsement. We shall have no liability arising from or relating to your use of optional third-party tools to the extent permitted by applicable law.

Any use by you of optional tools offered through the site is at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new features through the Services, including new tools and resources. Such new features shall also be deemed part of the Services and are subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS

The Services may contain materials and hyperlinks to websites provided or operated by third parties, including embedded third-party functionality. We are not responsible for examining or evaluating the content or accuracy of third-party materials or websites you choose to access.

If you decide to leave the Services to access these materials or third-party sites, you do so at your own risk.

We are not liable for harm or damages related to your access of third-party websites, or your purchase or use of products, services, resources, or content on third-party websites, to the extent permitted by applicable law.

Please carefully review the third party's policies and practices before engaging in any transaction. Complaints, claims, concerns, or questions regarding third-party products and services should be directed to the applicable third party.

SECTION 9 - RELATIONSHIP WITH SHOPIFY

Bea.By Bre Luxe Rewear is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our Store are made directly with Bea.By Bre Luxe Rewear.

By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Bea.By Bre Luxe Rewear, including any injury, damage, or loss resulting from purchased products and services. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with Bea.By Bre Luxe Rewear, to the extent permitted by applicable law.

SECTION 10 - PRIVACY POLICY

All personal information we collect through the Services is subject to our Privacy Policy, which is available through our website. Certain personal information may also be subject to Shopify's Privacy Policy. By using the Services, you acknowledge that you have had the opportunity to review these privacy policies.

Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services in order to provide and improve the Services. Information you submit to the Services may be transmitted to and shared with Shopify and other service providers in order to provide the Services to you.

Please review our Privacy Policy for additional information regarding how personal information is collected, used, and shared.

SECTION 11 - FEEDBACK

If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans, or other content (collectively, "Feedback"), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute and display such Feedback in any medium for any lawful purpose, including commercial use.

You represent and warrant that: (i) you own or have all necessary rights to all Feedback; (ii) you have disclosed any compensation or incentives received in connection with your submission of Feedback; and (iii) your Feedback complies with these Terms.

We are under no obligation to maintain your Feedback in confidence, pay compensation for your Feedback, or respond to your Feedback.

We may, but have no obligation to, monitor, edit or remove Feedback that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, obscene, otherwise objectionable, or in violation of another party's intellectual property or these Terms.

You agree that your Feedback will not violate any right of any third party, including copyright, trademark, privacy, personality, or other personal or proprietary rights. You are solely responsible for any Feedback you make and its accuracy.

SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on or in the Services that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, shipping charges, transit times, and availability.

We reserve the right to correct errors, inaccuracies or omissions, and to change or update information or cancel orders if information is inaccurate at any time, including after you have submitted your order, subject to applicable law.

SECTION 13 - PROHIBITED USES

You may access and use the Services for lawful purposes only. You may not access or use the Services, directly or indirectly: (a) for any unlawful or malicious purpose; (b) to violate any applicable international, federal, state, provincial or local law or regulation; (c) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, threaten, defame, intimidate, or harm another person; (e) to transmit false or misleading information; (f) to send unauthorized advertising, spam, or similar solicitation; (g) to impersonate or attempt to impersonate another person or entity; or (h) to engage in conduct that restricts or inhibits another person's use or enjoyment of the Services or that may harm Bea.By Bre Luxe Rewear, Shopify, or users of the Services.

In addition, you agree not to upload or transmit viruses or other malicious code; reproduce, duplicate, copy, extract, sell, resell or exploit any unauthorized portion of the Services; collect or track personal information of others unlawfully; spam, phish, pharm, or pretext the Services; interfere with security features; or otherwise attempt to gain unauthorized access to the Services.

We reserve the right to suspend, disable, or terminate access to the Services if we determine that these Terms have been violated, subject to applicable law.

SECTION 14 - AGENTS

This section ("Agent Terms") applies if you use, allow, enable, or cause the deployment of an Agent to access, use, or interact with any Services. "Agent" means software or a service that takes autonomous or semi-autonomous action on behalf of, or at the instruction of, a person or entity.

No Agent may access, use, or interact with the Services in a manner designed to conceal or misrepresent its automated nature or circumvent technical measures intended to control automated access.

We may limit, including by technical measures, whether and how an Agent accesses, uses, or interacts with the Services.

Agents must not conceal or obfuscate automated access, circumvent CAPTCHAs or similar security measures, provide false information when asked whether interactions originate from a human or computer, or circumvent measures intended to block, limit, modify, or control automated access to the Services.

SECTION 15 - TERMINATION

We may terminate this agreement or your access to the Services, or any part thereof, in our discretion where permitted by applicable law, and you will remain liable for all amounts properly due up to and including the date of termination.

The following sections will continue to apply following termination where applicable: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver, Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that by their nature should survive termination.

SECTION 16 - DISCLAIMER OF WARRANTIES

The information presented on or through the Services is made available for general information purposes. We do not warrant the accuracy, completeness, or usefulness of information except as otherwise required by applicable law.

EXCEPT AS EXPRESSLY STATED BY BEA.BY BRE LUXE REWEAR OR REQUIRED BY APPLICABLE LAW, THE SERVICES AND PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED.

SOME JURISDICTIONS LIMIT OR DO NOT ALLOW CERTAIN WARRANTY DISCLAIMERS, SO SOME OR ALL OF THE ABOVE MAY NOT APPLY TO YOU.

SECTION 17 - LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, BEA.BY BRE LUXE REWEAR, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING FROM OR RELATING TO YOUR USE OF THE SERVICES OR PRODUCTS PROCURED THROUGH THE SERVICES.

NOTHING IN THESE TERMS IS INTENDED TO EXCLUDE OR LIMIT LIABILITY THAT CANNOT LAWFULLY BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

SECTION 18 - INDEMNIFICATION

To the extent permitted by applicable law, you agree to indemnify, defend and hold harmless Bea.By Bre Luxe Rewear, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from third-party losses, damages, liabilities or claims, including reasonable attorneys' fees, arising out of (1) your material breach of these Terms of Service or documents incorporated by reference, (2) your violation of applicable law or the rights of a third party, or (3) your unlawful or unauthorized use of the Services.

We will provide notice of an indemnifiable claim as reasonably practicable. You agree to reasonably cooperate in the defense of such claims.

SECTION 19 - SEVERABILITY

If any provision of these Terms of Service is determined to be unlawful, void or unenforceable, that provision shall be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms. Such determination shall not affect the validity and enforceability of the remaining provisions.

SECTION 20 - WAIVER; ENTIRE AGREEMENT

Our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Services constitute the entire agreement and understanding between you and us regarding your use of the Services, superseding prior or contemporaneous agreements, communications and proposals regarding the Services, whether oral or written.

Nothing in this section limits rights that cannot be waived under applicable law.

SECTION 21 - ASSIGNMENT

You may not delegate, transfer or assign this Agreement or any of your rights or obligations under these Terms without our prior written consent, except where applicable law provides otherwise.

We may transfer, assign, or delegate these Terms and our rights and obligations as permitted by applicable law.

SECTION 22 - GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by applicable law in the jurisdiction where Bea.By Bre Luxe Rewear is headquartered, without limiting any consumer rights that apply under applicable law.

Any disputes shall be handled in a court of competent jurisdiction, subject to applicable law.

SECTION 23 - HEADINGS

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 24 - CHANGES TO TERMS OF SERVICE

You can review the most current version of these Terms of Service at any time on this page.

We reserve the right, subject to applicable law, to update, change, or replace any part of these Terms of Service by posting updates and changes to our website.

Where required by applicable law, we will provide notice of material changes. Your continued use of or access to the Services following the effective date of changes constitutes acceptance of those changes to the extent permitted by applicable law.

SECTION 25 - CONTACT INFORMATION

Questions about these Terms of Service should be sent to:

Bea.By Bre Luxe Rewear
Email: beabybre.shop@gmail.com