Terms and Conditions

TERMS AND CONDITIONS

This document, the Beaucoup Designs Terms of Use (the "Terms of Use"), is a legal document that details your rights and obligations with respect to your use of the BeaucoupDesigns.com website ("Site"). The Site, its works, content, materials and designs, as well as the products, designs and services we offer to you via our Site, are conditioned upon your acceptance of these Terms of Use, without modification, and our Privacy Policy (which is incorporated into the Terms of Use by this reference).

Capitalized terms not otherwise defined herein shall have the meaning ascribed to them in our Privacy Policy.

1. Site Access and Use; Prohibitions

1.1 Site Access and Use.

The Company hereby grants you a limited, nonexclusive, revocable license to access and use this Site and its works, content, materials and designs solely for personal, noncommercial use, and for no other purpose, and your use of the Site is subject to the terms and conditions set forth in these Terms of Use. Downloading or copying of works, content, materials and designs is permitted for personal, noncommercial use only. No right, title or interest in such works, content, materials and designs are transferred to you upon such copying or downloading, and such works, content, materials and designs may not be transferred, linked, reproduced, retransmitted or otherwise distributed or displayed, in whole or in part.

1.2 Prohibitions.

You agree that you will not use the Site, in whole or in part, for any purpose that is unlawful or prohibited by Section 1.1 above and these Terms of Use. For example, you agree that you will not:

(a) modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, frame in another web page, use, including use on any other web site, transfer, or sell any products, works, content, materials and designs or information provided through or obtained from the Site.

(b) engage in the practices of framing, mirroring, screen or database scraping and mining, or any other activity with the purpose of obtaining lists of users or other information;

(c) obtain or attempt to obtain any works, content, materials, designs or information through any means not intentionally made available or provided for through the Site;

(d) access or attempt to access password protected, secure or non-public areas of the Site;

(e) use the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site;

(f) remove or destroy any proprietary, confidentiality, Trademark (as defined below) or copyright markings or notices placed upon or contained in any products, materials, documentation or information received from the Company;

(g) use any of Company's trade secret proprietary information (including, without limitation, Trademarks and copyrights) or other content accessible through the Site for any purpose other than the purpose for which we have made it available to you pursuant to Section 1.1; and

(h) defame or disparage the Company, its proprietary information (including, without limitation, Trademarks and the copyrights), or any aspect of the Site.

2. Copyright and Trademark Notices

2.1 Copyright.

All works, content, materials and designs on our Site (including, without limitation, products, product and jewelry designs, Site design, text, graphics, logos, and button icons, as well as the arrangement, the selection and the organization and layout of the Site) are owned or licensed by the Company and protected by the U.S. and international copyright laws. All rights reserved.

All software and other technology components on this Site are owned or licensed by the Company and protected by the U.S. and international copyright laws. All rights reserved.

No reproduction, copying, distribution, or transmission of the such works, content, products, materials, designs, including any jewelry is permitted. No reproduction, copying, distribution, or transmission of the software and technology on our Site is permitted. Any rights not expressly granted herein are reserved.

2.2 Trademarks.

Beaucoup Designs, BeaucoupDesigns.com and all other Site and Company content, materials and designs, including graphics, images, logos, audio, video, html code, text, page headers, button icons, and scripts are trademarks and service marks, registered and unregistered, trade names or trade dress (collectively, "Trademarks") of the Company and may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way.

3. Infringement Claims

It is our policy to respond expeditiously to infringement claims relating to intellectual property and proprietary rights. We will promptly respond to, process and investigate notices of alleged infringement and will take appropriate actions under applicable intellectual property laws. Notices of claimed infringement should be directed to us at the address provided below.

4. Shipping; Taxes; Risk of Loss; Returns and Exchanges; Special Orders

4.1 Taxes.

Orders may be subject to sales or use tax. Sales to Louisiana residents are subject to sales tax.

4.2 Shipping.

Please allow 3-5 business days for shipping for all orders. Our standard shipping method is UPS. However, if you need a guaranteed delivery date please don't hesitate to contact us by phone or email to check on availability. Each UPS shipment is automatically insured for up to $100. Please contact us if you desire additional insurance which can be provided at customer’s exchange. If your order is lost or damages during shipment contact us immediately. Keep all packing materials and paperwork so that a claim can be filed for damage during shipping.

4.3 Risk of Loss.

All items purchased from us are made pursuant to a shipment contract, which means the risk of loss and title for such items pass to you upon our delivery to the carrier.

4.4 Returns & Exchanges.

Items purchased through our Site may be exchanged within 30 days of receipt if returned unworn and in its original packaging. To return a purchased product for refund, you must notify us by telephone (225-214-3083) or email us at weborders@beaucoupdesigns.com within 30 days of receipt and receive a "Return Authorization Number". You assume all responsibility for the security, shipping and handling of your returned and/or exchanged item(s). You may either exchange the item for another or have a refund issued if all the conditions for return are met. Sale items and special order items are not eligible for refund or exchange.

4.5 Special Orders.

Please contact us by telephone (225-214-3083) about special orders (special requests, necklace lengths, pendant changes etc.). Timing and pricing will vary. All sales of special orders are final.

4.6 Lost Jewelry.

Jewelry that is lost due to normal wear and tear is not covered under warranty.

4.7 Stolen Jewelry.

Jewelry that is stolen after being received by the customer is not covered under warranty. If an order is stolen while in transit from Beaucoup Designs to the recipient, Beaucoup Designs will investigate and replace if warranted.

4.8 Plated Jewelry.

All Plated Jewelry is warranted for 45 days from the date of delivery. Plated Jewelry showing signs of excessive wear and tear or polishing will not be accepted for return or exchange.

4.9 Pave Jewelry.

All Pave Jewelry is warranted for 45 days from the date of delivery. Pave Jewelry showing signs of excessive wear and tear (scratching, bending, modifying, etc.) will not be accepted for return or exchange.

5. Pricing

We make every attempt to avoid errors in pricing and product information. However, if a mistake does occur, we reserve the right to correct it, and in our sole discretion, to refuse or cancel any order placed for that item at the incorrect price. All prices listed on this site are in U.S. dollars.

6. Product Descriptions; Product Images

6.1 Product Descriptions.

We attempt to be as accurate as possible when describing our products and designs. However, we do not warrant that product descriptions or other content on this Site are accurate, complete, reliable, current, or error-free. If one of our products or designs is not as described, your sole remedy is to return it in unused condition and in accordance with Section 4.

6.2 Product Images.

We attempt to accurately depict the image, design, and color of the products offered on this Site. However, because the color you see is dependent on your computer monitor, we cannot guarantee that the color you see will be accurate. The products also may appear larger or smaller than their actual size depending on your monitor. Some photographs have been enlarged to show detail. If one of our product images is not accurate, your sole remedy is to return it in unused and unworn condition and in accordance with Section 4.

7. Disclaimers; Links to Other Web Sites

7.1 Disclaimers.

Unless specifically noted, the content, materials, products, services and information available on or through this Site are provided on an "as is" basis without warranties of any kind, and, to the fullest extent permissible under applicable law, the Company disclaims all warranties, express or implied, including warranties of title or implied warranties of merchantability or fitness for a particular purpose.

The Company does not warrant that this Site, its servers, or e-mails sent from the Company are free of viruses or other harmful components. The Company will not be liable for any damages of any kind arising from the use of this Site, Company emails or any information, content, materials, products or services included on or otherwise made available to you through this Site, including, but not limited to direct, indirect, incidental, punitive, and consequential damages, unless otherwise specified in writing.

You acknowledge that you use this Site at your own risk, that you assume full responsibility for all costs associated with all necessary servicing or repairs of any equipment you use in connection with your use of this Site, and that the Company shall not be liable for any damages special, indirect or consequential of any kind related to your use of this Site.

7.2 Links to Other Sites.

We do not make any representation or warranty with respect to any other web site you may access through this web site. If there is a link to another web site, such link does not constitute an endorsement of that site or the products or services contained therein and is provided solely as a convenience to you.

8. Your Account

If you use this Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. We do sell products for children, but rather to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use BeaucoupDesigns.com only with involvement of a parent or guardian. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.

9. Modification

We reserve the right at anytime, and from time to time, to modify, amend, update, revise or otherwise change certain provisions of these Terms of Use at our sole discretion. Any such changes shall be applicable and binding immediately upon posting to the Site, and each user of this Site is responsible for knowing the Terms of Use prior to accessing the Site and the content provided on the Site. If you do not agree to any such changes, or to any of provisions contained in these Terms of Use, your only remedy is to cease from using our Site.

10. General Terms

10.1 Severability.

If any provision of these Terms of Use or the Privacy Policy is held by a court of competent jurisdiction to be invalid, void or unenforceable for any reason, the remaining provisions not so declared shall nevertheless continue in full force and effect, but shall be construed in a manner so as to effectuate the intent of these Terms of Use as a whole, notwithstanding such stricken provision or provisions.

10.2 Interpretation.

You agree that any ambiguity or uncertainty with respect to any provision contained in these Terms of Use, the Privacy Policy or any other applicable document shall be construed equally against you and the Company.

10.3 Waiver.

No provision of these Terms of Use shall be deemed waived and no breach excused, unless such waiver or consent shall be in writing and signed by the Company. Any consent by the Company to, or waiver of, a breach by you, whether express or implied, shall not constitute a consent to, waiver of, or excuse for any different or subsequent breach. Our failure to act with respect to a breach of you or others does not waive our right to act with respect to subsequent or similar breaches.

10.4 Headings.

The section headings contained in these Terms of Use are for convenient reference only, and shall not in any way affect the meaning or interpretation of this agreement.

10.5 Governing Law.

These Terms of Use, the Privacy Policy and any other applicable document shall be governed by and construed in accordance with the laws of the State of California (irrespective of its choice of law principles). You agree that the California courts shall have exclusive personal jurisdiction and venue over you and you submit to the exclusive personal jurisdiction and venue of such courts. Notwithstanding the foregoing, you agree to waiver personal service of any process upon them and agree that service may be affected by overnight mail (using a commercially recognized service) or by U.S. mail with delivery receipt to the address you provided to us, and to contact address set forth herein. You further agree that any claim against us must be filed within one (1) year of the time such claim arises, regardless of any law to the contrary; otherwise your claim will be barred forever. Should suit be brought to enforce or interpret any part of these Terms of Use, the Privacy Policy or any other applicable document, you agree that the prevailing party shall be entitled to recover its reasonable attorneys' fees and costs, including expert witness fees and fees on any appeal.

11. Contact Information

If you have any questions or suggestions, please contact us at:

Telephone: 225-214-3083

Toll Free: 877-820-8055

Fax: 225-344-7514

E-mail: weborders@beaucoupdesigns.com


PRIVACY POLICY

Thank you for visiting the Beaucoup Designs website (the "Site").

Your privacy is very important to us and we want you to fully understand our privacy practices. Please read this privacy policy ("Privacy Policy") before using our Site and/or providing us with any information.

This Privacy Policy explains how we gather and use information we collect from you through the Site or otherwise. By using the Site or otherwise providing us with information, you have accepted the practices described in this Privacy Policy.

Specifically, you consent and agree to (1) the collection, gathering, storing, disclosure, use and transfer of your Personal Information (as defined below) and Anonymous Information (as defined below) as set forth below and (2) be bound by the terms and conditions of this Privacy Policy and our Terms of Use (into which this Privacy Policy is incorporated by this reference).

Please note that our Privacy Policy is updated from time to time and changes are effective upon posting. Please check back frequently for updates as it is your responsibility to be aware of changes and Beaucoup Designs does not provide notice of changes in any manner other than posting at the Site.

1. Defined Terms

"Anonymous Information" means information that cannot, by itself, be used to identify a particular person or entity.

"Company", "we", "us" or "our" refers Ariel’s Promise, Inc., Beaucoup Designs and its affiliates and related parties.

"Personal Information" means any information that may be used to identify an individual, including first and last name, physical address, email address, telephone number, as well as an individual's financial information, including billing, bank account and/or credit card information.

"You", "your" and "yours" refers to the web surfer and user accessing and utilizing our Site.

2. Information Collection

Our primary purpose in collecting Personal Information and Anonymous Information (collectively, "Information") is to enable us to best provide products, designs and services that will satisfy your needs, tastes and preferences, and to customize our services to make your experience safer, easier and efficient. We only collect Information about you that we consider necessary for achieving these purposes.

2.1 Collection of Personal Information

(a) User Direct Information. In general, you can browse the Site without telling us who you are or revealing any personal information about yourself. However, once you give us your Personal Information through the Site or by telephone, you are not anonymous to us. For example, if you decide to place an order, we will ask for your delivery and billing address, phone number(s) and credit card information (including number and expiration date). Where possible, we indicate which fields and information are required and which fields and information are optional.

(b) Correspondence. If you send us personal correspondence, such as emails or letters, or if other users or third parties send us correspondence about your activities on the Site, we may collect, gather and store such Personal Information into a file specific to you.

2.2 Collection of Anonymous Information

(a) Site Behavior. We automatically track, record and store certain information based upon your behavior on the Site to gather Anonymous Information. Such Anonymous Information may include your IP host address, click-throughs, pages viewed, content delivery, browser type, Internet browsing and usage habits, Internet Service Provider, domain name, the time/date of your visit to our Site, your computer's operating system and URL information, such as the URL that you just came from (whether this URL is on the Site or not), and which URL you next go to (whether this URL is on the Site or not).

(b) Cookies. On occasion, we may also use data collection devices such as "cookies" on certain pages of the Site to collect certain Anonymous Information to help us analyze our web page flow, measure promotional effectiveness, and promote trust and safety. "Cookies" are small text files placed on your hard drive by a website that you are visiting. These cookies record preferences and other data about your visit to that particular website, and thus assist us in providing our services to you. We also use cookies to avoid repetitious actions, such as reentering your password during a session. We offer certain features that are only available through the use of a "cookie". You are always free to decline our cookies if your browser permits, although in that case you may not be able to use certain features on the Site and you may be required to reenter your password more frequently during a session.

(c) Web Beacons. Anonymous Information may also be obtained through web beacons (also known as "action tags", 1x1 pixels or clear GIFs). A web beacon is a programming code that can be used to display an image on a web page or email message for the purpose of transferring data. This information allows us to track certain websites you visit or emails that you read. As such, web beacons are also used to track online behavioral habits for marketing purposes to determine products or services you may be interested in.

(d) New Technology. The use of technology on the internet is rapidly developing. We strongly encourage you to revisit this Privacy Policy for any updates regarding our collection, and use, of new technology to obtain Information.

3. Use and Sharing of Personal Information and Anonymous Information

The following paragraphs describe how we currently use and share Information, but we reserve the right to amend, broaden or otherwise change our use of Information at any time.

3.1 Business Reason.

Anonymous Information may be used by us for business reasons, such as to research our users' demographics, aesthetic preferences, interests, and behavior to generate statistics, develop market plans and design products, as well as to better understand, protect and serve you and our community.

3.2 Affiliates and Advertisers.

We share Anonymous Information with our divisions, affiliates, related parties, and advertisers.

3.3 Email Marketing.

After purchasing a Beaucoup Designs product, we may also send you email messages describing new products, special offers, and great values. If for any reason you no longer want to receive such marketing emails from Beaucoup Designs, please contact us and request to be removed from our email marketing list. Please allow up to 14 days for us to process your request. However, please note, that you may still receive emails regarding any pending orders (such as order confirmation, shipping information, customer service notifications, etc.) after you request to be removed from our email marketing list.

3.4 Legal Reasons.

We may need to disclose Information (including Personal Information) for legal reasons. For example, we may disclose your Information (a) in response to subpoenas, court orders, warrants, or legal process, or to otherwise establish or exercise our legal rights, defend against legal claims or protect the Company from liability; (b) if you violate or breach an agreement with us[, or to enforce the Terms of Use policy; (c) if we believe you may harm the property or rights of the Company, its owners, or other users; (d) if we believe it is necessary in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, security or technical issues; (e) or as otherwise required by law and other legal processes.

3.5 Third Parties.

(a) Conduct Business. We may rely on third parties (companies and individuals) to perform functions on our behalf. For example, we may share and transfer your Personal Information with and to third parties when necessary to conduct business, such as data entry, customer service and support, web hosting, order fulfillment, invoicing and collecting payments. These third parties will be permitted to obtain Information to the extent needed to perform their functions.

(b) Sharing Information. We reserve the right to share Anonymous Information, such as summary or aggregated anonymous information, with third parties.

3.6 Merger, Sale or Reorganization.

In the event, we are involved in a business transition, such as a merger, sale, acquisition, reorganization, bankruptcy or other change of business status, we reserve the right to assign or otherwise transfer the right to your Information.

4. Third Parties' Privacy Practices

The privacy practices set forth in this Privacy Policy are for the Beaucoup Designs Site only. We do not exercise control over any other site displayed as search results or web sites that include our products or services. If you link to other web sites, please review the privacy policies posted on those web sites.

5. Security

This Site employs commercially reasonable efforts to protect our users' Information. We comply with all applicable data security laws and we will comply with all applicable notification requirements required under the law.

Not withstanding such measures, we do not guarantee that these security measures will prevent our computers from being illegally accessed, and the Information on them stolen or altered.

Please be advised that, although we take reasonable technological precautions to protect your Information, no transmission over the internet can be guaranteed to be 100% secure and we cannot warrant that your Information will be absolutely secure or free from unauthorized access by third parties, such as hackers. Any transmission of Information at or through our Site is at your own risk and your use of the Site demonstrates your assumption of this risk.

6. Notification of Changes

As we update or expand the Site, services or products, the terms of this Privacy Policy may change. If we decide to amend or otherwise change our Privacy Policy, we will post those amendments or changes to the Privacy Policy on our Site so our users are always aware of such changes or amendments. Any such amendments or changes will be effective upon posting.

7. Foreign Use of the Site

To the extent that you are accessing the Site while domiciled outside of the United States, you acknowledge that the Information you are providing us is collected and stored in the United States and therefore consent to the transfer of information to and storage of the Information outside of your domiciled country and in the United States.

8. California User Consumer Rights

In accordance with California Civil Code Sec. 1789.3, California resident users are entitled to know that they may file grievances and complaints with California Department of Consumer Affairs, 400 R Street, STE 1080, Sacramento, CA 95814; or by phone at 916-445-1254 or 800-952-5210; or by email to dca@dca.ca.gov . For more information about protecting your privacy, you may wish to visit: http://www.ftc.gov .

9. CAN-SPAM Act

We are committed to proper Internet practices and full compliance with the CAN-SPAM Act of 2003 codified at 15 U.S.C. Sec. 7701 (the "Spam Act").

10. Contact Information

If users have any questions or suggestions regarding our Privacy Policy, please contact us:

Telephone: 225-214-3083

Toll Free: 877-820-8055

Facsimile: 225-344-7514

E-mail: weborders@beaucoupdesigns.com