Welcome to Beamina.com (the “Site”), a retail website where you can find customized leather and fabrics bags made in Colombia, sold directly to you (the “Service”). The Service is provided by MINA, LLC (“MINA” or “Us”, “We”, “Our”), including all information, tools and data available to you on this Site.
By using our Site and Services, you hereby agree to these Terms. In other words, before you begin using the Site and setting out to make the best deal you can make, take a moment and carefully read through these Terms. If you have any questions, write to Us! If you do not agree with any particular provision or term, then STOP and do not click on the “I Agree” button below. We want you to feel comfortable using our Site, but We can only do so when the both of us agree on the terms that will control the use of the Site and Services.
We reserve the right to edit and change these Terms from time to time. When We do so, We will upload the updated Terms on our Site, which will become effective from the day they are published. If following the publishing of updated Terms, you continue to use the Site, then you will have accepted the new Terms.
User Account & Privacy
To make a purchase, you will create an account (“Account”), in which you can store your personal information, such as your name, last name, e-mail address and phone number, for any and all future purchases. When using this Site, you are responsible for maintaining the confidentiality of your account username and password, for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account username and password.
By accepting our Terms, you agree that you are the age of majority in your state. If you are under eighteen (18) years-old, you may only use Our Site with the express consent or authorization of a parent or guardian. Thus, if you are under the age of majority in your state, by using this Site you are agreeing that you have obtained the express consent or authorization, or are using this Site with the involvement of, or are being monitored by, your parent or guardian.
Maintenance: Keeping the Site going.
We will do our best to make sure you have the best experience possible when visiting our Site and using Our Services. However, the Internet (and the providers who keep Us connected) can experience delays, downtime, or interruptions from time to time. Therefore, you acknowledge that, although the Internet is often a secure environment, sometimes there are interruptions in Service or events that are beyond Our control, and that We shall not be responsible for any data lost while transmitting information on the Internet. While Our objective is to make the Site accessible 24 hours per day, 7 days per week, the Site may be unavailable from time to time for any reason including, without limitation, routine maintenance. You understand and acknowledge that due to circumstances both within and outside of Our control, access to the Site may be interrupted, suspended or terminated from time to time.
We shall have the sole right at any time to change or discontinue any aspect or feature of the Site, including, but not limited to, content, hours of availability and equipment needed for access or use. Further, We may discontinue disseminating any portion of information or category of information, may change or eliminate any transmission method and may change transmission speeds or other signal characteristics.
When you visit this Site or send e-mails to Us, you are communicating with Us electronically, and are therefore consenting to receive communications from Us electronically, including via e-mail or by posting notifications on this Site. You agree that all agreements, notices, disclosures and other communications that We provide to you electronically, satisfy any and all legal requirements that such communications be made and delivered in writing.
Copyright, Trademarks, License & Site access.
Likewise, our Site, both in its components and in its entirety (the “Platform”), its logos and trademarks (“Trademarks”), images and content (“MINA Content”), is protected by both applicable copyright and trademark legislation (as applicable). We will grant you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to (i) download and use the Platform on your personal device(s); and (ii) access and view any MINA Content made available on or through the Platform and accessible to you, solely for your personal and non-commercial use. You will not remove, alter or obscure any copyright, Trademarks or other proprietary rights notices incorporated in or accompanying the Platform or MINA Content. You will not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Platform or MINA Content. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Us or its licensors, except for the licenses and rights expressly granted in these Terms.
In order for you to share our Site through hyperlinks, you are granted a limited, non-exclusive right to create a text hyperlink to the Site, provided such link does not portray Us or any of our Services in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking Site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. You may not use Our Trademarks to link to the Services without the express written permission of Us. Further, you may not use, frame or utilize framing techniques to enclose any of Our Trademarks, MINA Content, other proprietary information, including the images found on the Services, the content of any text or the layout/design of any page or form contained on a page of the Services or Platform without Our express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or other proprietary right of Mina or any third party.
MINA and its associates attempt to be as accurate as possible. However, MINA does not warrant that product descriptions or other content of this Site is accurate, complete, reliable, current, or error-free. The information and descriptions made on this Site is provided for general information only and should not be relied upon or used for a decision-making basis without consulting more accurate sources of information.
We attempt to depict our products as meticulous and precise as possible, by posting on our Site product images of the best quality we can offer. Notwithstanding, MINA does not warrant that our product images will be precise if your computer or device screen through which you are visiting our Site presents shading or is unable to accurately depict our product as it would be depicted through any other computer or device screen. If a product offered by MINA itself is not as described, your sole remedy is to return it in unused condition.
MINA reserves the right and authority to restrict the quantity of products that we offer and are available for sale. All item descriptions and item pricing are subject to change at our best convenience without any prior notice.
Indemnification and Disclaimers: When and how are We liable to you.
In using our Services, Site and/or Platform, you may be exposed to content from other Users or third parties (“Third-Party Content”), either on our Services or through links to third-party websites. We do not control, endorse or adopt any Third-Party Content and shall have no responsibility for Third-Party Content, including without limitation material that may be misleading, incomplete, erroneous, offensive, indecent or otherwise objectionable. You must evaluate, and bear all risks associated with, Third-Party Content, including without limitation, other Account users of our Services.
DISCLAIMER OF WARRANTIES
IF YOU USE OUR SITE AND/OR SERVICES, YOU DO SO AT YOUR SOLE RISK. OUR SITE AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE EXPRESSLY DISCLAIM, AND YOU WAIVE, ALL OTHER WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE SITE AND SERVICES, INCLUDING THE INFORMATION, CONTENT AND MATERIALS CONTAINED THEREIN. WE DO NOT REPRESENT OR WARRANT THAT (A) OUR SITE OR SERVICES WILL MEET YOUR REQUIREMENTS; (B) OUR SITE OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) ANY INFORMATION THAT YOU MAY OBTAIN THROUGH OUR SITE OR SERVICES WILL BE ACCURATE OR RELIABLE.
MINA DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAILS SENT FROM MINA ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. IF YOU ACCESS OR TRANSMIT ANY CONTENT THROUGH THE USE OF OUR SITE OR SERVICES, YOU DO SO AT YOUR OWN DISCRETION AND YOUR SOLE RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE ARISING OUT OF SUCH ACCESS OR TRANSMISSION; THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD.
LIMITATION OF LIABILITY
SUBJECT TO APPLICABLE LAW, IN NO EVENT SHALL MINA, OR OUR DIRECTORS, MEMBERS, SHAREHOLDERS, OFFICERS, AFFILIATES, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR THROUGH THE SERVICES, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. BY AGREEING TO THESE TERMS, YOU EXPLICITLY AND UNEQUIVOCALLY FOREVER WAIVE AND RELINQUISH ANY CLAIM, SUIT, ACTION, OR ANY OTHER LEGAL EQUIVALENT ACTION AGAINST US FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR THROUGH THE SERVICES.
NO DATA, INFORMATION OR ADVICE OBTAINED BY YOU IN ORAL OR WRITTEN FORM FROM US OR THROUGH OR FROM OUR SITE OR SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
WE SHALL NOT BE LIABLE FOR ANY FAILURE OR DELAY IN PERFORMING UNDER THESE TERMS, WHETHER OR NOT SUCH FAILURE OR DELAY IS DUE TO CAUSES BEYOND OUR REASONABLE CONTROL SUCH AS, BUT NOT LIMITED TO, POWER, INTERNET OR COMMUNICATION OUTAGES, POWER OUTAGES, FIRE, FLOOD, EARTHQUAKES, TORNADOES, HURRICANES, WARS, ACTS OF GOD, FORCE MAJEURE, OR THE OCCURRENCE OF ANY OTHER UNFORESEEN CONTINGENCY OR EVENT BEYOND THE CONTROL OF MINA.
IN NO EVENT WILL OUR AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY IN ANY MATTER ARISING FROM OR RELATING TO OUR SITE, THE SERVICES, OR THESE TERMS EXCEED THE SUM OF ONE HUNDRED US DOLLARS ($100).
SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN DAMAGES. ACCORDINGLY, SOME OF THE LIMITATIONS OF THIS SECTION MAY NOT APPLY TO YOU.
You shall defend, indemnify and hold MINA harmless (and each of our officers, directors, members, shareholders, employees, agents and affiliates) from any claim, demand, action, damage, loss, judgment, cost or expense, including without limitation reasonable attorneys’ fees and costs, arising out of or relating to (a) your use of our Site and/or Services; (b) your violation of these Terms; (c) your violation of any rights of another; and/or (d) your conduct in connection with the Site and/or Services. If you are obligated to indemnify Us, We will have the right, in our sole and unfettered discretion, to control any action or proceeding and determine whether We wish to settle it, and if so, on what terms.
We will always work with our Users to resolve any dispute or issue that may arise in the manner that is most constructive and efficient to all parties. However, if We cannot resolve a dispute in a manner that is satisfactory to you, then you and MINA agree to arbitrate any dispute arising from these Terms or relating to the Services, except that you and MINA are not required to arbitrate any dispute in which either party seeks equitable or other relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets or patents. SUBJECT TO ANY RIGHTS YOU MAY HAVE UNDER APPLICABLE LAW, ARBITRATION PREVENTS YOU FROM SUING IN COURT OR FROM HAVING A JURY TRIAL. You and MINA agree that you will notify each other of any dispute within thirty (30) days of when it arises, that you will attempt informal resolution prior to any demand for arbitration, that any arbitration will occur in San Juan, Puerto Rico (USA) and that arbitration will be conducted confidentially by a single arbitrator in accordance with the Rules of the American Arbitration Association. These Terms shall be exclusively construed and governed by the laws of the Commonwealth of Puerto Rico without regard to its conflict of law provisions or the laws of any other state or country or your actual state or country of residence. You and MINA also agree that the state or federal courts in the Commonwealth of Puerto Rico have exclusive jurisdiction over any appeals of an arbitration award and over any suit between the parties not subject to arbitration. Other than class procedures and remedies discussed below, the arbitrator has the authority to grant any remedy that would otherwise be available in court. WHETHER THE DISPUTE IS HEARD IN ARBITRATION OR IN COURT, YOU AND MINA WILL NOT COMMENCE AGAINST THE OTHER A CLASS ACTION, CLASS ARBITRATION OR OTHER REPRESENTATIVE ACTION OR PROCEEDING.
Contacting Us & Customer Service:
Our door is always open to hearing from you, our Customers. You may contact Us at the following address below:
You may also contact us concerning any conduct of a fellow User that you believe are not in line with these Terms.
You are free to close your Account at any time. Any remaining Offer Fees on your Account will not be credited or reimbursed to you. Following thirty (30) days of your request to close your Account, We will expunge all data concerning your User Account, except that which is necessary to maintain for archival purposes. We may also terminate your Account, at any time, for any breach by you of these Terms.
You may not assign any of your rights or obligations under these Terms without prior written consent from Us. We may assign any or all of its rights under these Terms, in whole or in part, without obtaining your consent or approval.
These Terms contain the entire agreement, and supersede all prior and contemporaneous understandings, between the parties regarding their subject matter.
Our failure or delay in exercising any right, power or privilege under these Terms shall not operate as a waiver thereof.
The invalidity or unenforceability of any of these Terms shall not affect the validity or enforceability of any other of these Terms, all of which shall remain in full force and effect. Headings of sections are for convenience only and shall not be used to limit or construe such sections.
These Terms will govern the relationship between MINA and its Users, with the exception of any particular clause, obligation or condition that is legally inapplicable in your jurisdiction.