Terms & Conditions
1. Acceptance and Modification of Terms
- YOUR USE OF THE SITE AND THE PRODUCTS CONSTITUTES YOUR ACCEPTANCE OF THE AGREEMENT. IF YOU DO NOT AGREE, DO NOT USE THE SITE, SIGN UP FOR AN ACCOUNT, OR BUY THE PRODUCT.
- We reserve the right, in its sole discretion, to change, modify, add or remove portions of these Terms, at any time. BEMER will provide an advance written notice to its IBDs of any material change. The most current version will be posted on the Site.
- When you set up an account and register to place orders through the Site, you agree to (a) provide accurate, current and complete information about yourself, and (b) maintain and update your information (including your email address) to keep it accurate, current and complete. If any information changes, please make the change in your account profile. In case of any problems, contact Vernon's Customer Service to update your account.
- Your user name will be your personal bemermail.com e-mail address.
- You are solely responsible for maintaining the confidentiality of your username and password and agree not to transfer or resell your use of or access to the Site to any third party. YOU ARE ALSO SOLELY RESPONSIBLE FOR ANY AND ALL ACTIVITIES (INCLUDING PURCHASES) THAT ARE CONDUCTED THROUGH YOUR ACCOUNT, AND WE DISCLAIM ANY LIABILITY DERIVED THEREFROM.You acknowledge that payments made on your behalf from third parties may be accepted by the Site. If you suspect any unauthorized use of your password or account, you shall contact BEMER as soon as reasonably practicable.
- The following practices are strictly prohibited:
- The registration of individuals or entities that are not IBDs;
- The registration of individuals or entities without their knowledge or that do not exist;
- Purchasing products on behalf of another individual or entity without their knowledge or consent;
- You shall not use another person's credit card or debit card to make a product purchase or to without the other person’s written permission. Such documentation must be kept by you for seven (7) years and must be submitted to BEMER upon request.
3. Pricing and Payment
- Prices listed on the Site are in the currency as stated on the Site and do not include any shipping and handling charges or applicable taxes. Prices and any Products may change without notice.
- Orders must be paid by one of the payment methods indicated on the Site. We do not accept any payment method not indicated on the Site, which currently includes credit card only. Your credit card will be charged at the time of purchase on the site.
- You agree to pay all applicable taxes that arise in any jurisdiction, including without limitation, value added, consumption, sales or other taxes, fees, duties, or charges imposed on the sale of the Products (“Taxes”).
- You must provide current, complete and accurate billing and payment information. In certain instances, the issuer of your credit card or your payment provider may charge you a transaction fee or related charges, which you will be responsible to pay.
- Verification of information applicable to a purchase may be required prior to our acceptance of any order. If an order is declined, it is your responsibility to provide an alternative form of credit or debit card for the purchase. Declined orders must be completely re-entered as a new order.
- All in-stock orders ship from Iowa. We will pack the Products in accordance with its standard practices. For practical reasons, we reserve the right to make partial shipments (at no additional cost to you), and the portion of any order that is partially shipped may be charged at the time of shipment.
- In-Stock Products (Apparel, Accessories & Printed Materials): Please allow up to two working days for standard order processing. Same day rush order processing is available, but not guaranteed, for a $10.00 additional charge (for U.S.). Expedited shipping is also available at the buyer’s expense. You must email firstname.lastname@example.org at the time you place your order to request rush service or expedited shipping.
- Decorate On Demand Products (Event Displays & Business Cards): The decorate on demand products are not held in inventory. Please allow between 3 and 7 production days for the completion of orders. Add 2 to 3 days for proofing on business cards. All proofs approved by the buyer are not returnable if a mistake is found after receiving the goods. Rush service is not available on this category of products.
- Title and risk of loss for any purchases will pass to you upon our delivery of the Products to the carrier. You assume all risk and liability for condition of the product, or loss or damage resulting from the handling, use or application of the product, upon delivery hereunder, subject to any warranties in place for the product. US Delivery: All orders ship via standard UPS ground shipping or USPS Priority Mail. Shipping within the 48 contiguous U.S. States is calculated on your order at checkout. The delivery date specified in the Order Confirmation is an estimate, and the ultimate responsibility lies with our carrier. Estimated delivery on a non-rush order, shipped UPS ground, averages 3 to 5 days depending on destination. Canadian Delivery: Please note that Canadian shipping is not auto calculated at checkout and will not appear on your order in the store. Shipping will read $0.00 on your order; however, shipping is not free unless over the $75 order volume. Actual shipping charges will be calculated when your order has been processed and will be billed as a second line item to the same credit card used to pay for the order in the store. International Delivery: Be advised that international freight costs traditionally range between $50.00 and $200.00 but will vary based on the size of the shipment and destination. All applicable duties and taxes will be charged to you upon the product being delivered. If you would like to be notified of the freight charges associated with your order prior to shipment, you must email email@example.com to request this information. You will have the option of canceling your order at that time.
5. Customer Service
- Whether you have order questions, a specific project need or other general questions about Products on this Site, Vernon would be happy to provide assistance and answer your questions. Please send an email to firstname.lastname@example.org or call at 1-800-743-7545 ext. 8561 between the hours 7:30 AM – 4:30 PM CST. Please also refer to our FAQs in the footer section of the Site.
- For all other questions, please contact BEMER at flmnt@email@example.com.
6. Return Policy
- If you are dissatisfied with your purchase you may return the item(s) to us for replacement or credit (purchase price and tax) to the original credit card account used to make the purchase.
- There are certain circumstances that do not allow for returns. These include, but are not limited to:
- Obvious abuse of the product.
- Product breakage and/or defects not reported or returned within 30 days of receipt of merchandise.
- Damage or shrinkage due to improper care and/or washing.
- Undamaged returned merchandise is subject to a 10% restocking fee.
- Authorization is required before returning any items for credit. For return authorization, email firstname.lastname@example.org or call (800) 743-7545, ext. 8219 Monday-Friday between the hours of 7:30 am and 4:30 pm CST.
7. Intellectual Property Rights
- By using the Site and Products, you acknowledge that, as between you and us, we own all right, title and interest in any software, code, system, technology, content, product designs, logos, trademarks, text, editorial content, data, formatting, graphs, graphics, user interfaces, visual interfaces, photographs, artwork and computer code, HTML, “look and feel,” software layout, music, sounds, images, software, videos, designs, typefaces and other intellectual property used or embedded in the Product or the Site (the “BEMER IP”). You may not use, display, rent, lease, loan, transfer, assign, sell, copy, reproduce, distribute, download, reverse engineer, frame, scrape or modify any of the BEMER IP or to prepare a derivative work based on the BEMER IP. In connections with your use of the Products and Site, you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. If you are blocked by us from accessing the Site (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address).
- Provided that you are eligible for use of the Site and the Products, you are granted a limited, revocable, nonsublicensable, nontransferable and non-exclusive right to access and use the BEMER IP and the Site solely for your personal, non-commercial use (including to access any disclosures). Any other use of the BEMER IP is strictly prohibited and will terminate the license granted herein. Any rights not expressly granted herein are reserved by us. Nothing in these Terms should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of BEMER’s logos or other trademarks (“Trademarks”) displayed on the Site or Products, without our prior written permission in each instance.
8. Data Ownership and Privacy.
- You shall have all rights, title or interest to any data, property or information collected by us on behalf of you in connection with its performance under the Agreement, including without limitation any data transmitted from the Product to our servers; provided, however, that nothing contained herein shall affect our rights, title or interest to any data, property or information generated, compiled or analyzed by us in connection with its performance under the Agreement, including without limitation any analyzes or reports of aggregated data.
9. Representations & Warranties
- By accepting this Agreement, you hereby represent and warrant the following:
- I am a competent adult who has reached the age of majority in my jurisdiction of residence;
- I am permitted by applicable law to receive the product I am requesting for my personal purposes;
- I am the authorized party and (if applicable) signatory to the payment mechanism used to open and maintain my account and place this Product purchase;
- I have not falsely identified myself nor provided any false information to purchase the Products or gain access to the Site;
- My payment information is correct and complete, and I will pay any applicable shipping and handling charges and applicable taxes;
- I am not accessing and have not accessed the Site or purchased the Product to commit illegal acts or violate any provisions of these Terms;
- I understand the product(s) purchased from BEMER are not intended for use in diagnosis, treatment, cure, or mitigation of any specific disease, and BEMER does not provide medical services or medical advice;
- I acknowledge that the IBD are independent contractors and not employees of BEMER, and are not authorized to bind BEMER in any legal agreement or contract;
- I will at all times during the term of this Agreement comply with the terms of this Agreement and any applicable domestic or international laws; AND
- I ACKNOWLEDGE THAT SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE BELOW MAY OR MAY NOT APPLY TO ME.
10. Indemnification and Release
- You agree to release, defend, indemnify and hold harmless BEMER, its parent, subsidiaries and affiliates, and their respective officers, directors, employees, agents, attorneys, successors, and permitted assigns, from all loss, liabilities, damages, costs and expenses (including reasonable attorneys’ fees, litigation costs and expenses) incurred by us for any claims or actions for any kind or injury (including property damage or personal injury), whether a claim is based on breach of contract, tort, product liability, or breach of warranty, arising directly or indirectly out of or in connection with (a) this Agreement, including the representations and warranties made herein; (b) your use of the Products; or (c) your nonpayment of any Taxes, as defined above.
- You agree to fully cooperate at your expense as reasonably required by BEMER. BEMER may, at its election, assume the defense and control of any matter for which it is indemnified hereunder. You shall not settle any matter involving BEMER without the consent of BEMER.
- Warranty Disclaimer: we represent and warrant that it provides the Site and Products in a manner consistent with general industry standards reasonably applicable to the provision thereof. EXCEPT AS SET FORTH HEREIN, WE MAKE NO FURTHER WARRANTY, EXPRESS OR IMPLIED, REGARDING THE SITE OR PRODUCTS, AND HEREBY DISCLAIMS ALL OTHER WARRANTIES (EXPRESS OR IMPLIED) INCLUDING, BUT NOT LIMITED TO THE IMPLIED INDEMNITIES AND WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. WE DO NOT REPRESENT OR WARRANT THAT THE SITE OR PRODUCTS WILL MEET ANY OF YOUR EXPECTATIONS OR REQUIREMENTS OR THAT THE SITE OR PRODUCTS ARE PROVIDED SECURELY OR WITHOUT ERRORS. THE SITE AND PRODUCTS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND WE MAKE NO WARRANTIES THAT THE SITE AND PRODUCTS WILL BE TIMELY, ACCURATE OR AVAILABLE AT ALL TIMES WITHOUT INTERRUPTIONS. THE USE OF THE SITE AND PRODUCTS IS AT YOUR SOLE DISCRETION AND RISK. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US ABOUT THE PRODUCTS WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
- Medical Disclaimer: BEMER does not provide any medical advice or services. Nothing provided by BEMER in connection with the Site or Products shall be construed to constitute professional medical advice, diagnosis, or treatment, and you should not rely on them as such. Please consult with a licensed health care provider if you have any medical concerns, pre-existing injuries or conditions.
12. Limitation of Liability
- To the extent permitted by applicable law, BEMER SHALL NOT BE LIABLE FOR ANY SPECIAL, PUNITIVE, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL , INCLUDING FOR ANY LOST PROFITS OR LOST DATA, WHETHER ARISING IN AN ACTION FOR BREACH OF CONTRACT, TORT OR ANY OTHER CAUSE OR THEORY OF LIABILITY. BEMER SHALL NOT BE LIABLE TO YOU OR ANYONE THIRD PARTY FOR ANY LOSS OR INJURY ARISING FROM YOUR USE OF (OR INABILITY TO USE) OF THE SITE OR PRODUCTS OR OTHERWISE ARISING UNDER OR RELATING TO THESE TERMS.
- YOU AGREE AND ACKNOWLEDGE THAT THE TOTAL AMOUNT OF OUR LIABILITY, IF ANY, FOR ANY AND ALL CLAIMS, CAUSES OF ACTION, LOSSES, DAMAGES, OR JUDGMENTS ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE PRODUCTS SHALL NOT EXCEED THE COST OF THE PRODUCT AT ISSUE or $100.00, WHICHEVER IS GREATER. WITHOUT REGARD TO THE NATURE OF THE CLAIM, LOSSES OR DAMAGES INCURRED. YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE WOULD NOT PROVIDE THE SITE OR PRODUCTS TO YOU WITHOUT SUCH LIMITATIONS.
- Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain damages. Accordingly, some of the above limitations may not apply to you.
13. Miscellaneous Provisions
- Applicable law and venue: These Terms will be governed by and in accordance with laws of the State of California without regard to any principles of conflict of laws that would require or permit the application of the laws of any other jurisdiction. Any dispute or claim arising under these Terms shall be resolved exclusively in the state or federal courts in California, with venue in San Diego, California. You hereby agree, and waive any objection to, service of process on you by means of mail or email sent to your account. In the event of a dispute to collect amounts due for products provided to you, we shall be entitled to recover attorneys' fees and costs.
- Force Majeure: Except for payment obligations, neither party shall be liable for any inadequate performance, failure or delay caused by any condition beyond its reasonable control (for example, natural disaster, act of war or terrorism, riot, labor condition, governmental action, and Internet disturbance). If we are unable to deliver the Site or Products, it will use best efforts to make the delivery at the next practicable opportunity.
- Notice: By using the Site or Products, you consent to receiving electronic communications from us. You agree that any notice, agreements, disclosure or other communications that we send to you electronically will satisfy any legal requirements for written communication, including without limitation service of process.
- Severability: Should any provision of these Terms be held invalid void, or otherwise unenforceable, that provision shall be deleted, but all other provisions shall continue in full force and effect.
- Waiver: Failure or neglect by us to enforce any of the provisions of these Terms shall not be construed or deemed a waiver of its rights nor shall this affect the validity of the whole or any part of these Terms, nor prejudice our rights to take subsequent action.
- Notice for California Users: Under California Civil Code Section 1789.3, California users of the Site receive the following consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N112, Sacramento, CA 95834, or by telephone at (800) 952-5210.
- Statute of Limitations: Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to these Terms must be filed within one (1) year after such claim or cause of action arose or within the shortest limit permitted under applicable law or be forever barred.
- No Class Actions: You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed under this Agreement.