Terms Of Service

OVERVIEW

This website is operated by beyoufurniture.com. Throughout the site, the terms “website”, “we”, “us” and “our” refer to beyoufurniture.com. Beyoufurniture.com offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink (“Additional Terms”). 

While we strive to provide a reliable and uninterrupted service, we do not guarantee that it will be uninterrupted, timely, secure, or error-free. we do not warrant the accuracy or reliability of the results obtained from the use of the service. We reserve the right to remove or cancel the service for indefinite periods or at any time without prior notice.

beyoufurniture.com has no duty to correct any error or defect found within the content or on the website.

Additional Terms will or may apply to certain features, functionality, or offering of the website or actions you may take on the site, including: (I) the Sales Terms, the then/current version of which apply to each purchase of products you make on the website; (II) Crowdfunding/Pre-order Terms that apply when you take part in any Crowdfunding or Pre-order featured on specific parts of the Website or on third party websites chosen specifically by beyoufurniture.com; and (III) Other Terms that apply when you take part in any contests or promotions featured on specific parts of the Website. All Additional Terms will be posted on the Website in connection with the features, functionality, offerings, or actions to which they apply. You hereby agree to be bound by all applicable Additional Terms and all Additional Terms are incorporated into, and made a part of this Terms of Service.

If any provision of any of the Additional Terms conflicts with the Terms of Service, the Additional Terms shall control with respect to the applicable feature, functionality, offering, or action only.

These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content. Please read them carefully. In addition, when you visit or purchase via a link on our website from any business partner of beyoufurniture.com (e.g. a web shop, Facebook or other links), you also will be subject to these Terms of Service.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

All disclaimers apply broadly to any and all damages, liability, injuries and losses that may be caused by any error, omission, interruption, defect, network delay or failure, failure of performance, virus, theft, destruction, unauthorised access or alteration, breach of contract, tort, negligence or any other cause of action.

beyoufurniture.com reserves the right to do any of the following for any reason and at any time without informing you: (I) modify, suspend or end the operation of or access to any part of the website; (II) modify or change any part of the website, and any of its policies or terms; and (III) interrupt the operation of any part of the website to perform routine or non-routine maintenance, correct errors or make other changes.

SECTION 1 - ONLINE STORE TERMS

BY ACCESSING OR USING THE WEBSITE OR ANY PORTION THEREOF, INCLUDING MAKING A PURCHASE ON THE WEBSITE, YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THIS AGREEMENT. 

BY ENTERING INTO THIS AGREEMENT, YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, OR IF YOU ARE UNDER THE AGE OF MAJORITY IN YOUR STATE OR PROVINCE OF RESIDENCE, YOU MUST NOT ACCESS OR USE THE WEBSITE.

PLEASE BE INFORMED THAT SECTION 6 OF THIS AGREEMENT CONTAINS AN ARBITRATION AGREEMENT THAT WILL, WITH THE LIMITED EXCEPTIONS SET FORTH THEREIN, REQUIRE DISPUTES BETWEEN YOU AND beyoufurniture.com TO BE SUBMITTED TO BINDING ARBITRATION. UNLESS YOU OPT OUT: (I) YOU WILL ONLY BE PERMITTED TO PURSUE DISPUTES AND SEEK RELIEF AGAINST beyoufurniture.com ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING; AND (II) YOU ARE WAIVING YOUR RIGHT TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL.

ANY DISPUTE, CLAIM OR REQUEST FOR RELIEF RELATING IN ANY WAY TO YOUR USE OF THE SITE AND YOUR PURCHASES OF PRODUCTS THEREON WILL BE GOVERNED AND INTERPRETED BY AND UNDER THE LAWS OF THE STATE OF DELAWARE, CONSISTENT WITH THE FEDERAL ARBITRATION ACT, WITHOUT GIVING EFFECT TO ANY PRINCIPLES THAT PROVIDE FOR THE APPLICATION OF THE LAW OF ANY OTHER JURISDICTION. THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS IS EXPRESSLY EXCLUDED FROM THESE TERMS.

All orders placed on www.beyoufurniture.com entail the customer’s complete and unconditional acceptance of these Terms of Service. These Terms of Service will always prevail over any other conditions not expressly approved by beyoufurniture.com.

You may not use our products for any illegal or unauthorised purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). 

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms of Service and any Additional Terms will result in an immediate termination of your Services.

If you got any BeYou items as part of our crowdfunding / pre-order campaigns, please consult our Crowdfunding / Pre-Order Terms.

SECTION 2 - GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

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

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

While we try in good faith to be as accurate as possible, we do not warrant that product descriptions or other content is accurate, complete, reliable, or error free. From time to time there may be information on beyoufurniture.com that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing and availability.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

Electronic communication

When you visit this website or send emails to us, you are communicating with us electronically. You hereby consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

SECTION 4 - USER’s PRIVACY RIGHTS

beyoufurniture.com values your privacy and handles personal information in accordance with applicable privacy laws and regulations. By using the website, you agree to the collection, use, and disclosure of your personal information as described in the Privacy Policy available on the website.

By using the website, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the website may be read or intercepted by others. This is the case even if we inform you that a particular transmission (for example, credit card information) is encrypted. When transmitting information to the website, you are responsible for ensuring the security of any of your data that is in transit until we receive that data within the Company Systems.

For privacy-related inquiries or concerns, you may contact our privacy officer at privacyofficer@beyoufurniture.com. The privacy officer is responsible for overseeing compliance with privacy laws and regulations and addressing privacy-related issues.

SECTION 5 - MODIFICATIONS TO THE SERVICE AND PRICES

Prices and availability for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service or the products sold.

The prices of the products featured on beyoufurniture.com are net prices based on the US Dollar (USD). The prices displayed in other currencies are converted from their base prices in US Dollar (USD), which does mean that prices displayed in foreign currencies may vary.

Beyoufurniture.com does not provide tax refund slips.

Payment can be made by any credit card listed during the ordering process.

Payment must be made before the delivery of any products can occur.

All credit card holders will be subject to a validation check carried out by the issuer of the card, who must also authorise the holder to use the card. The personal data of the credit card holder required for this check may be exchanged with third parties. We cannot be held responsible for any delays or the non-delivery of the order in the event that the issuer of the card does not authorise the payment.

SECTION 6 - ARBITRATION AGREEMENT

Please read this Section (the “Arbitration Agreement”) carefully. It is part of your contract with beyoufurniture.com and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.

Applicability of Arbitration Agreement 

Subject to the terms of this Arbitration Agreement, you and beyoufurniture.com agree that any dispute, claim, disagreements arising out of or relating in any way to your access to or use of the website, any communications you receive, any products purchased, sold, or distributed through the website or these Terms of Service, Additional Terms, and prior versions of these Terms of Service and all Additional Terms, including claims and disputes that arose between you and us before the effective date of this Terms of Service (each, a “Dispute”) will be resolved by binding arbitration, rather than in court, except that: (1) you and beyoufurniture.com may assert claims or seek relief in small claims court if such claims qualify and remain in small claims court; and (2) you or beyoufurniture.com may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as but not limited to trademarks, trade dress, domain names, trade secrets, copyrights, and patents). For purposes of this Arbitration Agreement, “Dispute” will also include disputes that arose or involve facts occurring before the existence of this or any prior versions of these Terms of Service, including the Additional Terms, as well as claims that may arise after the termination of these Terms of Service or any Additional Terms. 

Dispute Resolution

There might be instances when a Dispute arises between you and beyoufurniture.com. If that occurs, the beyoufurniture.com is committed to working with you to reach a reasonable resolution. You and beyoufurniture.com agree that good faith informal efforts to resolve Disputes can result in a prompt, low‐cost and mutually beneficial outcome (“Dispute Resolution”). You and beyoufurniture.com therefore agree that before either party commences arbitration against the other (or initiates an action in small claims court if a party so elects), a beyoufurniture.com’s representative will personally meet and confer telephonically or via videoconference, in a good faith effort to resolve informally any Dispute covered by this Arbitration Agreement (“Dispute Resolution Conference”). If you are represented by counsel, your counsel may participate in the conference, but you will also participate in the conference. 

The party initiating a Dispute must give notice to the other party in writing of its intent to initiate a Dispute Resolution Conference (“Notice”), which shall occur within 45 days after the other party receives such Notice, unless an extension is mutually agreed upon by the parties. Notice to beyoufurniture.com that you intend to initiate a Dispute Resolution Conference should be sent by email to contact@beyoufurniture.com or regular mail to 651 N Broad St. Middletown, DE, 19709. The Notice must include: (I) your full name, telephone number, mailing address, e‐mail address associated with your purchase or/and account (if you have one); (II) the name, telephone number, mailing address and e‐mail address of your counsel, if any; and (III) a description of your Dispute. 

The Dispute Resolution Conference shall be individualised such that a separate conference must be held each time either party initiates a Dispute, even if the same law firm or group of law firms represents multiple users in similar cases, unless all parties agree; multiple individuals initiating a Dispute cannot participate in the same Dispute Resolution Conference unless all parties agree. In the time between a party receiving the Notice and the Dispute Resolution Conference, nothing in this Arbitration Agreement shall prohibit the parties from engaging in informal communications to resolve the initiating party’s Dispute. Engaging in the Dispute Resolution Conference is a condition precedent and requirement that must be fulfilled before commencing arbitration. The statute of limitations and any filing fee deadlines shall be tolled while the parties engage in the Dispute Resolution Conference process required by this Section.

Waiver of Jury Trial 

YOU AND beyoufurniture.com HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and beyoufurniture.com are instead electing that all Disputes shall be resolved by arbitration under this Arbitration Agreement, except as specified in the Section entitled “Applicability of Arbitration Agreement” above. There is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review. 

Waiver of Class and Other Non-Individualized Relief

YOU AND beyoufurniture.com AGREE THAT, EXCEPT AS SPECIFIED IN THE SECTION ENTITLED “BATCH ARBITRATION” FOUND BELOW, EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, REPRESENTATIVE, OR COLLECTIVE BASIS, AND THE PARTIES HEREBY WAIVE ALL RIGHTS TO HAVE ANY DISPUTE BE BROUGHT, HEARD, ADMINISTERED, RESOLVED, OR ARBITRATED ON A CLASS, COLLECTIVE, REPRESENTATIVE, OR MASS ACTION BASIS.

ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND DISPUTES OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. Subject to this Arbitration Agreement, the arbitrator may award declaratory or injunctive relief only in favour of the individual party seeking relief and only to the extent necessary to provide relief warranted by the party’s individual claim. Nothing in this paragraph is intended to, nor shall it, affect the terms and conditions under Section entitled “Batch Arbitration.” Notwithstanding anything to the contrary in this Arbitration Agreement, if a court decides by means of a final decision, not subject to any further appeal or recourse, that the limitations of this Section, “Waiver of Class and Other Non-Individualized Relief,” are invalid or unenforceable as to a particular claim or request for relief (such as a request for public injunctive relief), you and beyoufurniture.com agree that that particular claim or request for relief (and only that particular claim or request for relief) shall be severed from the arbitration and may be litigated in the state or federal courts located in the State of Delaware. All other Disputes shall be arbitrated or litigated in small claims court.  

Rules and Forum 

The Terms of Service and/or the purchase of products on the website evidence a transaction involving interstate commerce; and notwithstanding any other provision herein with respect to the applicable substantive law, the Federal Arbitration Act, 9 U.S.C. § 1 et seq., will govern the interpretation and enforcement of this Arbitration Agreement and any arbitration proceedings. If the Dispute Resolution process described above does not resolve satisfactorily within sixty (60) days after receipt of your Notice, you and beyoufurniture.com agree that either party shall have the right to finally resolve the Dispute through binding arbitration. The arbitration will be administered by the American Arbitration Association (“AAA”), in accordance with the Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this Section of this Arbitration Agreement. The AAA Rules are currently available at https://www.adr.org/sites/default/files/Consumer%20Rules.pdf. 

A party who wishes to initiate arbitration must provide the other party with a request for arbitration (the “Request”). The Request must include: (I) the full name, telephone number, mailing address, e‐mail address of the party seeking arbitration and the account username (if applicable) as well as the email address associated with any applicable account; (II) a statement of the legal claims being asserted and the factual bases of those claims; (III) a description of the remedy sought and an accurate, good‐faith calculation of the amount in controversy in United States Dollars; (IV) a statement certifying completion of the Dispute Resolution process as described above; and (V) evidence that the requesting party has paid any necessary filing fees in connection with such arbitration.

If the party requesting arbitration is represented by counsel, the Request shall also include counsel’s name, telephone number, mailing address, and email address. Such counsel must also sign the Request. By signing the Request, counsel certifies to the best of counsel’s knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, that: (I) the Request is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of dispute resolution; (II) the claims, defences and other legal contentions are warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or for establishing new law; and (III) the factual and damages contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery.

Unless you and the beyoufurniture.com otherwise agree, or the Batch Arbitration process discussed in the “Batch Arbitration” Section below is triggered, the arbitration will be conducted in the county where you reside. Subject to the AAA Rules, the arbitrator may direct a limited and reasonable exchange of information between the parties, consistent with the expedited nature of the arbitration. If the AAA is not available to arbitrate, the parties will select an alternative arbitral forum. Your responsibility to pay any AAA fees and costs will be solely as set forth in the applicable AAA Rules.

You and beyoufurniture.com agree that all materials and documents exchanged during the arbitration proceedings shall be kept confidential and shall not be shared with anyone except the parties’ attorneys, accountants, or business advisors, and then subject to the condition that they agree to keep all materials and documents exchanged during the arbitration proceedings confidential.

Arbitrator 

The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of Delaware and will be selected by the parties from the AAA’s roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within thirty-five (35) days of delivery of the Request, then the AAA will appoint the arbitrator in accordance with the AAA Rules, provided that if the Batch Arbitration process under “Batch Arbitration” Section is triggered, the AAA will appoint the arbitrator for each batch. 

Authority of Arbitrator

The arbitrator shall have exclusive authority to resolve any Dispute, including, without limitation, disputes arising out of or related to the interpretation or application of the Arbitration Agreement, including the enforceability, revocability, scope, or validity of the Arbitration Agreement or any portion of the Arbitration Agreement, except for the following: (I) all Disputes arising out of or relating to the Section entitled “Waiver of Class and Other Non-Individualized Relief,” including any claim that all or part of the Section entitled “Waiver of Class and Other Non-Individualized Relief” is unenforceable, illegal, void or voidable, or that such Section entitled “Waiver of Class and Other Non-Individualized Relief” has been breached, shall be decided by a court of competent jurisdiction and not by an arbitrator; (II) except as expressly contemplated in the Section entitled “Batch Arbitration”, all Disputes about the payment of arbitration fees shall be decided only by a court of competent jurisdiction and not by an arbitrator; (III) all Disputes about whether either party has satisfied any condition precedent to arbitration shall be decided only by a court of competent jurisdiction and not by an arbitrator; and (IV) all Disputes about which version of the Arbitration Agreement applies shall be decided only by a court of competent jurisdiction and not by an arbitrator. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties, except as expressly provided in the Section entitled “Batch Arbitration”. The arbitrator shall have the authority to grant motions dispositive of all or part of any Dispute. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The award of the arbitrator is final and binding upon you and beyoufurniture.com. Judgement on the arbitration award may be entered in any court having jurisdiction.

Attorneys’ Fees and Costs

The parties shall bear their own attorneys’ fees and costs in arbitration unless the arbitrator finds that either the substance of the Dispute or the relief sought in the Request was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure). If you or beyoufurniture.com need to invoke the authority of a court of competent jurisdiction to compel arbitration, then the party that obtains an order compelling arbitration in such action shall have the right to collect from the other party its reasonable costs, necessary disbursements, and reasonable attorneys’ fees incurred in securing an order compelling arbitration. The prevailing party in any court action relating to whether either party has satisfied any condition precedent to arbitration, including the Dispute Resolution process, is entitled to recover their reasonable costs, necessary disbursements, and reasonable attorneys’ fees and costs.

Batch Arbitration 

To increase the efficiency of administration and resolution of arbitrations, you and beyoufurniture.com agree that in the event that there are one-hundred (100) or more individual Requests of a substantially similar nature filed against beyoufurniture.com by or with the assistance of the same law firm, group of law firms, or organisations, within a thirty (30) day period (or as soon as possible thereafter), the AAA shall (I) administer the arbitration demands in batches of 100 Requests per batch (plus, to the extent there are less than 100 Requests left over after the batching described above, a final batch consisting of the remaining Requests); (II) appoint one arbitrator for each batch; and (III) provide for the resolution of each batch as a single consolidated arbitration with one set of filing and administrative fees due per side per batch, one procedural calendar, one hearing (if any) in a place to be determined by the arbitrator, and one final award (“Batch Arbitration”).

All parties agree that Requests are of a “substantially similar nature” if they arise out of or relate to the same event or factual scenario and raise the same or similar legal issues and seek the same or similar relief. To the extent the parties disagree on the application of the Batch Arbitration process, the disagreeing party shall advise the AAA, and the AAA shall appoint a sole standing arbitrator to determine the applicability of the Batch Arbitration process (“Administrative Arbitrator”). In an effort to expedite resolution of any such dispute by the Administrative Arbitrator, the parties agree the Administrative Arbitrator may set forth such procedures as are necessary to resolve any disputes promptly. The Administrative Arbitrator’s fees shall be paid by beyoufurniture.com.

You and beyoufurniture.com agree to cooperate in good faith with the AAA to implement the Batch Arbitration process including the payment of single filing and administrative fees for batches of Requests, as well as any steps to minimise the time and costs of arbitration, which may include: (I) the appointment of a discovery special master to assist the arbitrator in the resolution of discovery disputes; and (II) the adoption of an expedited calendar of the arbitration proceedings.

This Batch Arbitration provision shall in no way be interpreted as authorizing a class, collective and/or mass arbitration or action of any kind, or arbitration involving joint or consolidated claims under any circumstances, except as expressly set forth in this provision.

30-Day Right to Opt Out

You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out to: 651 N Broad St. Middletown, DE, 19709, within thirty (30) days after first becoming subject to this Arbitration Agreement. Your notice must include your full name and address, the e‐mail address associated with your purchase or/and account (if you have one) and an unequivocal statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of this Agreement, including all applicable Additional Terms will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with us.

Invalidity, Expiration

Except as provided in the Section entitled “Waiver of Class or Other Non-Individualized Relief”, if any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect. You further agree that any Dispute that you have with beyoufurniture.com as detailed in this Arbitration Agreement must be initiated via arbitration within the applicable statute of limitation for that claim or controversy, or it will be forever time barred. Likewise, you agree that all applicable statutes of limitation will apply to such arbitration in the same manner as those statutes of limitation would apply in the applicable court of competent jurisdiction.

Modification

Notwithstanding any provision in these Terms of Service or any Additional Terms to the contrary, we agree that if beyoufurniture.com makes any future material change to this Arbitration Agreement, we will notify you. Unless you reject the change within thirty (30) days of such change become effective by writing to beyoufurniture.com at 651 N Broad St. Middletown, DE, 19709, your continued use of the website, including the purchase of products offered on the website following the posting of changes to this Arbitration Agreement constitutes your acceptance of any such changes. Changes to this Arbitration Agreement do not provide you with a new opportunity to opt out of the Arbitration Agreement if you have previously agreed to a version of this Agreement and did not validly opt out of arbitration. If you reject any change or update to this Arbitration Agreement, and you were bound by an existing agreement to arbitrate Disputes arising out of or relating in any way to your access to or use of the website, any communications you receive, any products purchased, sold or distributed through the website or these Terms of Service, the provisions of this Arbitration Agreement as of the date you first accepted these Terms of Service (or accepted any subsequent changes to these Terms of Service) remain in full force and effect. Beyoufurniture.com will continue to honour any valid opt outs of the Arbitration Agreement that you made to a prior version of these Terms of Service.

SECTION 7 - PRODUCTS OR SERVICES

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any colour will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

Beyoufurniture.com attempts to be as accurate as possible. However, beyoufurniture.com does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by beyoufurniture.com itself is not as described, your sole remedy is to return it in new and unused condition. (This does not apply to products acquired through Crowdfunding/Pre-order campaigns and offers)

Whilst all efforts are made to ensure accuracy of product descriptions, specifications and pricing, there may be occasions where errors arise. Should such a situation occur beyoufurniture.com cannot accept your order. In the event of a mistake, you will be contacted with a full explanation and a corrected offer. The information displayed is considered as an invitation to treat not as a confirmed offer for sale. The contract is confirmed upon supply of goods.

Given the popularity and/or supply constraints of some of our products, beyoufurniture.com may have to limit the number of products available for purchase. Beyoufurniture.com reserves the right to change quantities available for purchase at any time, even after you place an order.

Both parties agree that, following order dispatch, transportation is the sole responsibility of the third-party logistics company. During this stage, full ownership of the product(s) belongs to the buyer; all associated liability and risks during transportation shall be borne by the buyer.

SECTION 8 - COPYRIGHT AND TRADEMARKS

All content, including but not limited to text, graphics, illustrations, artwork, logos, trademarks, images, videos, audio clips, slogans, product names, computer code, visual interfaces, user interfaces, software, including but not limited to their design, structure, selection, coordination, the user experience they evoke, flow and arrangements (together “Content”), present on beyoufurniture.com is the intellectual property of beyoufurniture.com or its licensors and is protected by copyright, trademark, and other intellectual property laws. As a visitor of our Website, you have to follow these terms of service and all laws, regulations and generally accepted practices or guidelines when using the Website and any of its Content.

Beyoufurniture.com and its affiliates respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us.

You do not have the approval, any express or implied, to access the Website or any of its Content through any interface or method, automated or otherwise, for the primary goal of indexing, monitoring, acquiring, copying or hijacking any part of our website’s Content, including, without limitation, using any device or algorithm to index, scrape, deep-link or crawl any of our Content. You may not circumvent our Website’s navigation structure. You are not allowed to exploit the Website to access any information that beyoufurniture.com intentionally hid from the public.

You cannot duplicate, broadcast, perform, republish, upload, post, publicly display, encode, translate, transmit, mirror or otherwise distribute, or create derivative works from, any part of the Website or Content (including any files that you have downloaded from the Website), or otherwise exploit any of them for any commercial use without beyoufurniture.com’s prior written consent.

You may not access any part of the Website, or any other servers, systems or networks connected to it (the “Company Systems”) without beyoufurniture.com’s permission. You may not gain or attempt to gain such access whether by hacking, password “mining” or any other illegitimate means. You may not act to interfere with or impair the performance or security of the Company Systems. Any activity that you conduct that engages the use of the resources of the Company Systems (e.g., pinging any part of the Company Systems) must be reasonable to support your legitimate use of the Website and cannot impose an unreasonable or disproportionately large load on the infrastructure of the Company Systems.

You may not probe, scan or test the vulnerability of the Company Systems. Any attempt to do so is a breach of this Agreement, even if you conduct your activities with no malicious intent. You may not breach the security or authentication measures of the Company Systems. You may not seek to discover the identity of any Website visitor or beyoufurniture.com customer for any purpose.

You may not use the Website or any Content for illegal activity or in breach of this Agreement. You don’t have the right to:

- use any Content to cause confusion to others about your relationship with beyoufurniture.com;

- represent yourself as beyoufurniture.com’s authorized reseller or distributor when you are not;

- use any Content to advertise products that you have bought for us for resale (except if you are an authorized distributor or reseller, in which case, your use of the Content is subject to the terms of your distribution or reseller agreement with us); or

- use any Content to make and sell counterfeit products or engage in any illegal activity.

For all and any solicited or unsolicited comment, feedback, idea, work, material, proposal, suggestion, artwork, content or the like (“User Generated Content”) that you submit to us you grant us and all of our affiliated companies a worldwide, irrevocable, perpetual, transferable (through multiple tiers of transfers) licence to access, use, distribute, reproduce, display, modify, create derivative works based upon the User Generated Content without any compensation to you. We will be able to share User Generated Content publicly and will have no obligation to acknowledge any User Generated Content or your authorship of any such Content.

SECTION 9 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, at our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgement, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made on our website. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For safety and security, each customer is allowed to create only one registered account by default. For customers who attempt to create several accounts, we reserve the right to suspend accounts without further notice.

For more details, please review our Return Policy.

SECTION 10 - OPTIONAL TOOLS

We may provide you with access to third-party tools over 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 any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely 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 services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 11 - THIRD-PARTY LINKS AND PLATFORMS

Certain content, products and services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating their content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

beyoufurniture.com may, at its discretion, sell its products through third-party platforms such as, but not limited to, Amazon, eBay, Kickstarter or Indiegogo. The terms and conditions of such platforms may apply to your use of those platforms, and you acknowledge and agree that beyoufurniture.com is not responsible for any issues arising from your use of third-party platforms.

You agree that beyoufurniture.com is not liable for the conduct of any third party in connection with or related to your use of the website. You assume total responsibility for your use of the website and any linked sites. If you are dissatisfied with this website or any content, your only remedy is to stop using it. This limitation of relief is a part of the bargain between you and us.

SECTION 12 - USER COMMENTS, FEEDBACK, REVIEWS AND OTHER SUBMISSIONS

By submitting any comments, feedback, reviews, or other materials (collectively, 'submissions'), whether at our request or voluntarily, you grant us the unrestricted right to edit, copy, publish, distribute, translate, and otherwise use in any medium, without any obligation on our part to maintain confidentiality, provide compensation, or respond to such submissions. We may, at our sole discretion, monitor, edit, or remove content that we deem unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or objectionable, or that violates any intellectual property rights or our Terms of Service and any Additional Terms.

By purchasing a product on www.beyoufurniture.com or by finalising shipping fees on www.beyoufurniture.com for your previously placed crowdfunding pledge or pre-order, you consent to receive invitations to review your experience, including but not limited to your order, product, overall experience with the company.

You agree that your submissions will not infringe upon the rights of any third party, including copyright, trademark, privacy, personality, or other personal or proprietary rights. Your submissions will not contain unlawful, abusive, obscene, or otherwise inappropriate material, nor will they contain any computer virus or malware that could affect the operation of the beyoufurniture.com or any related or affiliated website. You further agree not to use a false e-mail address, impersonate any person or entity, or mislead us or third parties as to the origin of your submissions.

You are solely responsible for the content and accuracy of your submissions. We assume no liability for any submissions posted by you or any third party.

While we strive to address customer issues in a professional and courteous manner, we do not tolerate any unacceptable or unreasonable behaviour towards our team members. Unacceptable behaviour includes but is not limited to aggressive, abusive, threatening, or derogatory language, persistent and vexatious complaints, seeking unrealistic outcomes, and repeatedly changing the nature of a complaint. We reserve the right to take appropriate action, including but not limited to refusing future orders and terminating customer relationships, in response to such behaviour.

SECTION 13 - CUSTOMER CONDUCT

Although beyoufurniture.com will always strive to resolve issues to the satisfaction of the customer in a professional, courteous and friendly fashion, we will not tolerate any unacceptable or unreasonable behaviour towards our Team members.

Unacceptable behaviour directed towards our Team members or beyoufurniture.com may, for example, include any of the following:

Aggressive, abusive and threatening behaviour. Examples include: any and all direct or implied threats on any communication channel; intimidating language; personal and verbal abuse; sexist, racist, homophobic, or derogatory remarks; rudeness; inflammatory statements; swearing; and unsubstantiated allegations.

Persistently making habitually demanding or vexatious complaints, despite the matter having been fully addressed; similarly, repeating complaints persisting despite reasonable and fair solutions being offered in accordance with our policies.

Asking, expecting or demanding staff to breach established company policy guidelines, e.g. refund amount, timelines, special compensation, etc.; similarly, seeking an unrealistic outcome beyond the scope of our own policies and procedures.

Repeatedly changing the nature (or focus) of a complaint or the desired outcome, part way, after a formal response has been provided.

Excessive number of complaints compared to the total purchase value history.

For such behaviour, complainants may be advised and formally notified of the following:

Their language is considered offensive, abusive, threatening, and wholly unacceptable.

They must refrain from using such language, intimidation, and threats.

There will be no further exchange of correspondence on the matter if they persist with this behaviour.

Beyoufurniture.com reserves the right to no longer accept orders from the customer in the future without further notice.

SECTION 14 - LICENCE AND SITE ACCESS

Subject to your compliance with these Terms of Service, Beyoufurniture.com grants you a limited, non-exclusive, non-transferable, non-assignable and revocable licence to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of beyoufurniture.com. This licence does not include any resale or commercial use of this site, its contents or the products sold in it; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of beyoufurniture.com. 

You may not frame or utilise framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of beyoufurniture.com and without express written consent of beyoufurniture.com. You may not use any meta tags or any other "hidden text" utilising beyoufurniture.com's name or trademarks without the express written consent of beyoufurniture.com. Any unauthorised use terminates the permission or licence granted by beyoufurniture.com. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of beyoufurniture.com so long as the link does not portray beyoufurniture.com or its products or services in a false, misleading, derogatory, or otherwise offensive manner. You may not use any beyoufurniture.com logo or other proprietary graphic or trademark as part of the link without express written permission.

SECTION 15 - PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy. Beyoufurniture.com respects customer privacy. Please review our Privacy Policy, which also governs your visit to this site, to understand our practices.

SECTION 16 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. While beyoufurniture.com strives to provide accurate and up-to-date information, it does not warrant the accuracy, completeness, or reliability of any information on the website. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 17 - CROWDFUNDING / PRE-ORDER CAMPAIGNS AND OFFERS TERMS

Crowdfunding is defined as the collecting of resources (funds, money, tangible goods, time) from the population at large through an internet platform.

In return for their contributions, the crowd can receive a number of tangibles or intangibles, which depend on the type of crowdfunding.

Crowdfunding involves three participants:

- the crowd (contributors / pre-order customers);

- a hosting platform (our website); and

- the crowdfunding campaign creator (BeYou)

From time to time, we may run crowdfunding / pre-order campaigns on our own website or on third party websites specifically chosen for this purpose. 

When getting any BeYou items as part of one of our crowdfunding / pre-order campaigns, you are supporting an entrepreneurial endeavour and getting a reward, which is different from buying a product in a regular online store.

When you support our crowdfunding / pre-order campaigns, you are helping to create something new, not purchasing something that already exists.

The rewards are given to you as a token of our appreciation for you and the support you have given us.

This business model has allowed our company to exist and we could not be more grateful to the entire crowdfunding / pre-order community. We appreciate your understanding of our policy and your continued support.

Pre-order items do not include a warranty, unless explicitly specified in the campaign.

The benefits of supporting a pre-order campaign include but are not limited to:

- exclusive perks and discounts of up to 50% from retail price

- active involvement in the development process - which means you often get a say in what the product will become

- priority delivery - you are among the first people in the world to receive the items before we make it available to the greater public

- helping to protect the planet - we optimise stock management, reducing overstock and our carbon footprint

Your support of a crowdfunding / pre-order campaign does not always guarantee that you will receive a perk/reward.

If you experience a manufacturing defect while being covered under a crowdfunding / pre-order campaign’s warranty period, please contact us. We reserve the right to repair at a reasonable cost and/or offer monetary partial compensation, send you replacement parts or simply provide you with a free resolution.

Please be aware that certain delays may occur with the manufacturing and the shipment of your replacement parts. Considering the naturally occurring variations in wood grains, identifying the perfect wood finish in some cases may not be possible.

Please communicate all warranty issues by email at contact@beyoufurniture.com so we can provide you with a prompt service.

Any warranty, or implied warranty, is only valid for the period of time the BeYou product is owned by the original purchaser of the product. The original purchaser, for the purposes of this warranty, will be the individual whose details are associated with the website pre-order. Please retain a copy of the receipt which was sent to the email address on record.

In order to identify and assess the warranty issue, photos of the defective product and/or parts, the order number and original proof of purchase will have to accompany any warranty request.

What is not included in a crowdfunding / pre-order campaign warranty:

  • Normal wear and tear of your BeYou products, including but not limited to the normal distressing of the color/finish of your products, as a result of long-term use and/or direct exposure to sunlight.
  • Any stains, burns, heat marks, scratches, cuts, or liquid/moisture damage resulting from use by customers or their environment.
  • Damages or warping issues due to a living environment of drastic temperature changes. Products should not be placed in temperatures below 10 degrees C or outdoors.
  • Any BeYou product that is sold by an unauthorised retailer and/or sold as “used” or using any other verbiage indicating that the product is not “new”.
  • Any damages incurred during transportation.

You may request a full refund within 7 days from the time you placed your pre-order on our site.

After the 7 days have passed, your funds may have already been used towards the production of your items and a refund will likely not be possible.

Beyoufurniture.com does not provide receipts or invoices beyond the pre-order confirmation email that you should have received after your transaction.

We owe our crowdfunding / pre-order customers a high standard of effort, honest communication, and a dedication to bringing the campaign to life.

At the same time, the crowdfunding / pre-order customers understand that when working to deliver a crowdfunding / pre-order campaign, the campaign creator (beyoufurniture.com) may run into repeated challenges or delays, and there’s a chance something could happen that prevents beyoufurniture.com from being able to complete the campaign as promised. 

In the unlikely situations where extreme challenges come up and we are unable to deliver on a crowdfunding / pre-order campaign, we will openly communicate with all the campaign's crowdfunding / pre-order customers extensive details about the challenges we've encountered, how these challenges had affected our funds and ability to deliver on our campaign and how we plan to move forward with that campaign.

For some or all crowdfunding / pre-order campaigns, we may decide to charge the shipping fees for each pre-order separate from the value of the order itself. This is done with fairness and our crowdfunding / pre-order customers' best interest in mind - shipping charges may fluctuate from one month to another and our aim is to charge realistic, up to date shipping fees. 

Our commitment to all crowdfunding / pre-order customers is to:

- extend every effort to complete and deliver the campaign according to the estimated timeline shared with all crowdfunding / pre-order customers

- maintain open, transparent communication with regards to the progress we are making once the production has started for the crowdfunding / pre-order customers

- share regular updates in which we detail the steps we take, how we use the funds received from all pre-orders and what challenges we encounter along the way

Beyoufurniture.com will make every effort to include all key information relevant to crowdfunding / pre-order campaigns as often as possible in all communication with our crowdfunding / pre-order customers. When participating in our crowdfunding / pre-order campaigns, crowdfunding / pre-order customers understand and agree with all Terms of Service published and updated on this page. If the crowdfunding / pre-order campaigns are hosted by third party websites, the terms and conditions of those third party websites will apply. 

SECTION 18 - PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 19 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. beyoufurniture.com and all products and services delivered to you through it are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including but not limited to the accuracy, reliability, or suitability for a particular purpose, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. Beyoufurniture.com disclaims all warranties to the fullest extent permitted by applicable law.

The products offered on Beyoufurniture.com are intended for personal use, and the products sold are not designed for professional use. Beyoufurniture.com will not be held responsible in the event of harm or damage, whether direct or indirect, personal or material or intangible, linked to the use or operation of the ordered products.

Beyoufurniture.com will not be held liable in the event of non-compliance with the legislation of the country to which the products are delivered: it is the responsibility of the customer to inform themselves about the authorities of the importing country in order to know whether the product is allowed there.

Beyoufurniture.com, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors shall not be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, loss of business opportunities, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via beyoufurniture.com or other third party websites, even if advised of their possibility. 

If, despite the terms of this Agreement, beyoufurniture.com is found liable to you for any damage or loss which is in any way connected to your use of the website or any Content (excluding your reliance on the Content to make your decision to purchase our products, in which case, our liability is governed by the terms and conditions of sale that you entered into when you bought the relevant products), our liability will not exceed USD100. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

BEYOUFURNITURE.COM SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM BEYOUFURNITURE.COM SHALL CREATE ANY WARRANTY.

SECTION 20 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless beyoufurniture.com and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claims, liabilities, damages, losses, costs, expenses or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 21 - SEVERABILITY

If any provision of this Agreement is found to be invalid under the law, that provision will be limited or eliminated to the minimum extent necessary so that the Agreement otherwise will remain in full force and effect and enforceable. The failure of either you or beyoufurniture.com to exercise any right provided for in these Terms in any way won’t be deemed a waiver of any other rights.

SECTION 22 - TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgement you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 23 - ENTIRE AGREEMENT

These Terms of Service together with all Additional Terms constitute the entire agreement between you and beyoufurniture.com regarding the use of the Website and the products purchased on the Website. They supersede all other communications and proposals (whether oral, written, or electronic) between you and beyoufurniture.com with respect to the Services and govern our future relationship. beyoufurniture.com’s failure to exercise or enforce any right or provision of these Terms of Service, including any Additional Terms, shall not operate as a waiver of such right or provision. If any provision of this Agreement, including any Additional Terms, is, for any reason, held to be invalid or unenforceable, the other provisions of this Agreement will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.

These Terms of Service, including any Additional Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without our prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. We may freely, and without your consent, assign these Terms of Service, including any Additional Terms. The terms and conditions set forth in these Terms of Service, including any Additional Terms, shall be binding upon assignees.

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 24 - GOVERNING LAW

THIS AGREEMENT AND ANY ACTION RELATED THERETO WILL BE GOVERNED AND INTERPRETED BY AND UNDER THE LAWS OF THE STATE OF DELAWARE, CONSISTENT WITH THE FEDERAL ARBITRATION ACT, WITHOUT GIVING EFFECT TO ANY PRINCIPLES THAT PROVIDE FOR THE APPLICATION OF THE LAW OF ANOTHER JURISDICTION. THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS DOES NOT APPLY TO THIS AGREEMENT OR ANY ADDITIONAL TERMS. 

Both you and beyoufurniture.com agree that all claims and disputes arising out of or relating to these Terms of Service, including all Additional Terms will be litigated exclusively in the state or federal courts located in Dover, Delaware.

SECTION 25 - CHANGES TO TERMS OF SERVICE

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

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition. If you don’t agree to all the Terms of Service, you must stop using the Website.

SECTION 26 - CONTACT INFORMATION

BeYou 

651 N Broad Street, Middletown 19709, New Castle, USA

Questions about the Terms of Service should be sent to us at contact@beyoufurniture.com.