Terms of Service
This website is operated by Beam Buddy. Throughout the site, the terms “we”, “us” and “our” refer to Beam Buddy. Beam Buddy 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 using our website, purchasing products, and/or downloading files from us you are agreeing to these Terms of Service. Any current and future products, information, or files added to the site will be bound by these terms.
A breach or violation of any of the below terms may result in an immediate termination of your Services and/or Warranties.
SECTION 1 – GENERAL TERMS
- You agree that you are over the age of 18 and you will not use any information and/or products to violate any laws.
- You agree not to send us any malicious files through our email and/or web upload services.
- We reserve the right to refuse service to anyone for any reason at any time.
- Prices for our products are subject to change without notice.
- We do not retroactively apply discount and/or sale prices to existing orders.
- We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 2 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. Any reliance on the material on this site is at your own risk. 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.
SECTION 3 – 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/Shipping Policy (Section 4).
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color 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 the sole discretion of us. 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/product will be corrected.
SECTION 4 – RETURN/SHIPPING POLICY
All sales are final.
Please see Section 6 for warranty terms below.
Buyer is responsible for ensuring their address is complete and correct. If a package is returned to us for any reason the only option will be re-shipping it at the buyer’s expense.
We will not bear the cost or be held responsible for replacing lost, stolen, or damaged packages.
If a loss or damage occurs to the package we will ship out a replacement once we receive approval of the insurance claim, if the order was shipped using an insured shipping method. We will not ship out a replacement until the claim is completed.
We will not provide refunds on shipping charges if a package does not make it there in a certain amount of time, shipping times are estimates, not guarantees.
The buyer is responsible for any customs fees, import duties, or any other fees charged to them by their country.
Please contact us before opening a dispute. We always resolve order issues. If you fail to contact us through our support before opening a dispute we reserve the right to terminate all services and warranties. These waste our time and hurt our standing with the payment processors. Contact our support and we will resolve your issue(s).
Due to issues with fraud we no longer ship to addresses that are shipping forwarders. If we find an address is a shipping forwarder then we will cancel and refund the order. Sorry for the inconvenience.
SECTION 5 – ORDER CANCELLATION
In the event that you need to cancel an order please use the Contact Us form to email us, and if we have not begun processing and/or shipped the order we will try to cancel it.
If you used PayPal for the payment method an additional fee of up to 5% will be deducted from the refund as PayPal does not refund transaction fees on refunded transactions.
This is not a guarantee, but we will make a best effort. The official policy remains that all sales are final.
SECTION 6 – Warranty
Dead on Arrival (DOA):
All items in our store are guaranteed not dead/defective on arrival and are tested/inspected before shipping. You must notify us within 7 days of receiving the item if it is DOA or fails within the 7 day DOA window. We test/inspect any and all items sold for electrical and physical defects before shipping.
We stand behind our products so if you have an issue let us know immediately by filling out our Contact Us form. You MUST go through troubleshooting as many issues are customer machine related and not a defective product. Meaning if we just swap out the item you can still have issues with the new one since it was not the product having the issues and rather the customer machine.
Warranty Replacement Products:
Warranty replacements will either be refurbished like-new products, b-stock, or new depending on stock at the time of warranty replacement processing.
Used and Refurbished Products are sold as-is with no warranty, no support, and all sales are final (no returns).
SECTION 7 – SCOPE OF INCLUDED SUPPORT
If you have an issue that requires repair/replacement/warranty service you can contact our regular support by filling out our Contact Us form.
SECTION 8 – VERBAL ABUSE/SLANDER/LIBEL
If you are verbally abusive (via phone, email, in the forum, or any other communication method) to our staff and/or engage in slander/libel/defamation about us on social media/websites/forums/etc. when we have been trying to help you we reserve the right to terminate all support effective immediately and indefinitely.
This includes any warranties and technical support. You will also not be permitted to purchase any products from our store.
SECTION 9 – COUNTERFEITING & CLONING
By purchasing our custom products you agree to not reverse engineer, duplicate, copy, or do anything that would duplicate what we are selling here.
If you purchase a product with the intent to copy it for your own gain or someone else’s gain we will cancel your order and deny sales to you. If you get the item and then duplicate it we reserve the right to pursue any and all forms of legal action against you for violating these terms of service.
SECTION 10 – FRAUDULENT CHARGE-BACKS
In the event that you intentionally open a charge-back as fraud when you have received the product we reserve the right to legally pursue any and all action against you. We will also file a report with eBuyersReviewed and provide all the information we have for the order. We may also share this information with other companies in the industry and alert them to the fraud taking place.
We will first contact you to verify if the charge-back was an accident or not using the contact information that we have on file. This includes phone, email, and physical mailing address. If you are on social media we will attempt to contact you on there as well before moving to the next steps of taking legal action. We will attempt contact for 2 weeks from the date that the charge-back is opened before moving to legal action.
You will be responsible for any and all legal fees, company time spent (billed at $100/hr), and other costs incurred from this process in the event that it is decided in our favor.
What do we use to establish evidence?
- We use IP address logging at the time an order is placed.
- Any email headers of mail you sent to any Cohesion3D.com email address. These contain IP address to link the sender to the order.
- Our payment processors also log IP address at checkout in addition to our own website.
- We will search for evidence of possession of the products from any and all social media accounts that you use should you use them.
- We use tracking information from the order shipment and signatures if applicable.
Reporting the Fraud
- The fraud will be reported to your credit card company
- This may result in your account(s) being closed
- This will impact your credit rating
- The fraud will be reported to our local law enforcement
- The fraud will be reported to your local law enforcement
SECTION 11 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in 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 judgment, 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 at our store. 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 more detail, please review our Returns Policy (Section 4).
SECTION 12 – 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 13 – THIRD-PARTY LINKS
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 the 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.
SECTION 14 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
SECTION 15 – PERSONAL INFORMATION
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. 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).
SECTION 17 – 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. The service and all products and services delivered to you through the service 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 all implied warranties or conditions of merchant-ability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Beam Buddy, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors 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, 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 the service, even if advised of their possibility. 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.
SECTION 18 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless Beam Buddy and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim 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 19 – SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforce-ability of any other remaining provisions.
SECTION 20 – 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 judgment 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 21 – ENTIRE AGREEMENT
The failure of us 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 Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 22 – 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. 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.