Terms & Conditions

The www.beachcomberscoastallife.com wholesale web site  is operated by KBHowell Enterprises, LLC.

All inquiries may be directed to:

Beachcombers Coastal Life
18301 North Tamiami Trail
North Fort Myers, FL  33903
www.beachcomberscoastallife.com
239-731-2111 or email customercare@bccoastallife.com


 These terms of use constitute a legal agreement between you, regardless of your corporate form or if you are an individual, and us, and they govern your use of the web site and all transactions between you and us (including purchases of products) made, in whole or in part, via the web site of use. Your registration with or use of the web site and your purchase of any product from us constitutes your agreement to be bound by them. If you do not agree with any of these terms of use, you may not use the web site. If you are using the web site or ordering product on behalf of a company or other legal non-person entity, you represent that you have the authority to bind such entity to these terms of use, in which case the terms “you” or “your” shall refer to such entity. 

Persons under the age of 18 may not use this Web Site and parents or legal guardians may not agree to these Terms of Use on their behalf.  

Please Note: Special terms applicable to orders and sales of products to you are set out at the end of these terms of use. To the extent any of those special terms conflict with any other provision of these terms of use when applied to a product you order or purchase from us, those special terms will control.

These Terms of Use May Change

Beachcombers reserves the right to update or modify these terms and conditions at any time without prior notice. Your use of the web site following any such change constitutes your agreement to follow and be bound by the Terms of Use as changed.  It is your responsibility to review these Terms of Use for changes whenever you use this web site.

Compliance with All Laws, Online Conduct and Site Security

You agree to use this Web Site only for lawful purposes.  You agree that all information you provide to us, including, without limitation, your name, address, and payment information, will be truthful, complete, and accurate at all times.  Any conduct by you that in our sole discretion restricts or inhibits any other user from enjoying our web site will not be permitted.  You are prohibited from posting on or transmitting through our Web Site any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable material of any kind, including, but not limited to, any material that encourages conduct that would constitute a criminal offence, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law.  You are expressly prohibited from violating or attempting to violate the security of the Web Site, including, without limitation: (a) accessing data not intended for you or logging onto a server or an account which you are not authorized to access; or (b) attempting to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.  You are responsible for maintaining the security and confidentiality of any user IDs or passwords selected by you, or provided to you, to access the Web Site, and you agree not to disclose any such user IDs or passwords to any person other than your employees.  You are responsible for all acts or omissions of, and any orders placed by, any person accessing the Web Site using any such user IDs or passwords.   

Intellectual Property Notice

All of the content you see on this Web Site, including, for example, all of the page headers, images, illustrations, product designs or configurations, graphics, audio clips, video clips, and text, (collectively “Content”) are subject to trademark, service mark, trade dress, copyright and/or other intellectual property rights or licenses held by KBHowell Enterprises, LLC., its affiliates, or by third parties who have licensed their materials to Beachcombers.  All products shown in this Web Site are the exclusive designs of Beachcombers or its suppliers.  “Beachcombers Coastal Life” and the Beachcombers logo are registered trademarks of KBHowell Enterprises, LLC.  The Web Site is copyrighted as a collective work under U.S. copyright laws, and KBHowell Enterprises, LLC owns a copyright in the selection, coordination, arrangement, and enhancement of the Content.  KBHowell Enterprises, LLC and its licensors reserve complete title and full intellectual property rights in the Web Site and any Content on the Web Site. You may not copy, download, reproduce, modify, publish, distribute, transmit, transfer, or create derivative works from the Web Site or the Content without first obtaining written permission from us.  Without limiting the foregoing, you agree not to, nor will you, assist or direct anyone else to, copy, modify, or “knock-off” our products.  Any infringement will be strictly enforced.  

Linking to this Web Site

Establishing or maintaining a link from another Web site to this Web Site without the prior express written consent of Beachcombers is strictly prohibited.  Displaying this Web Site or any Content contained on this Web Site in frames or through similar means on any Web site without express written permission from Beachcombers is also strictly prohibited.  Any permitted links must comply with these Terms of Use and all applicable laws and regulations.

Links to Other Sites

Any outside links are provided only as a convenience.  If you have any concerns regarding any outside link(s) from our Web Site, please direct them to the owner or operator of the outside site.  All use of outside links is at your sole risk.  Beachcombers is not responsible for any outside sites, services, or other materials linked to or from this Web Site, and disclaims all liability for any injury you may experience by using such outside sites, services, or materials.

Submissions

We welcome your comments regarding the Web Site.  However, any comments, feedback, notes, messages, ideas, suggestions, or other communications (collectively, "Comments") sent to Beachcombers shall become and remain the exclusive property of Beachcombers.  Your submission of any such Comments shall constitute an assignment to Beachcombers of all worldwide rights, title and interest in all copyrights and other intellectual property rights in the Comments.  Beachcombers will be entitled to use, reproduce, disclose, publish, and distribute any Comments for any purpose whatsoever, without restriction and without compensating you in any way.  You agree to not send us any Comments that you do not wish to assign to us, nor to send us any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork of a third party.

Colors

We have done our best to display as accurately as possible the colors of the products shown on this Web Site.  However, because the colors you see will depend on your monitor, we cannot guarantee that your monitor’s display of any color will be accurate.  We will have no liability for a failure of the Web Site or your monitor to accurately display product colors.

Product Information

We make all reasonable efforts to provide information on this Web Site that is accurate and complete; however, pricing and typographical errors may occur or information may be out of date.  There may be information, including information about products, their availability, or their prices that may be inaccurate or incomplete.  We reserve the right to correct any such information without prior notice (including after you have submitted your order) and the corrected information will control over any prior incorrect or incomplete information.  We regret any inconvenience to you.  The prices displayed on this site are quoted in U.S. Dollars.

Product Availability

Merchandise availability on our website is not guaranteed as it may be low in stock. If merchandise is not available by the time your order processes, we will notify you of this via e-mail. You can always verify availability by calling Customer Care at 800-237-7080. You will receive a shipping confirmation e-mail once your items have shipped.

Disclaimer and Limitation of Liability

This web site and all contents are provided on an “as is” “as available” basis without representation or warranties of any kind, either express or implied, including, without limitation, warranties of title or implied warranties of merchantability or fitness for a particular purpose.

Without limiting the foregoing, Beachcombers does not represent or warrant that the information on this website is accurate, complete, reliable, useful, timely or current or that this web site will operate without interruption, without error or without defects, bugs, viruses, or other harmful component.

You acknowledge, by your use of this web site, that your use of this web site is at your sole 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 web site, and that neither Beachcombers nor any of its employees, directors, officers, agents, or affiliates shale be liable for any damages or injury of any kind, including, but not limited to, special, indirect, incidental, consequential, extraordinary, exemplary, or punitive damages related to, accompanying, or resulting from your use or inability to use this website. These include, but are not limited to, damages or injury caused by any use or (or inability to use) the web site or any site to which you hyperlink from our web site, failure of performance, error, omission, inaccuracy, interruption, defect, delay in operation or transmission, computer virus, or line failure.

Exception: You may have additional rights under certain laws (such as consumer laws) that do not allow the exclusion of implied warranties or the exclusion or limitation of certain damages. If these laws apply, our exclusions or limitations may not apply to you. If any part of this limitation of liability set forth above is found to be invalid or unenforceable for any reason, then the aggregate liability of Beachcombers, its employees, directors, officers, agents, and affiliates under such circumstances for liabilities that otherwise would have been limited shall not exceed one hundred dollars ($100)

Indemnification

You agree to defend, indemnify and hold Beachcombers, its employees, directors, officers, agents, and affiliates harmless from and against any and all claims, damages, costs, and expenses, including attorneys’ fees, arising from or related to (a) your failure to comply with these Terms of Use or (b) any Comments.

Last revised:   November 17, 2016


 Privacy Policy

Keeping your personal information secure and ensuring your understanding of how we use that information is important to us at Beachcombers. Our goal is to help you understand how the personal information you choose to share with us through this Website is collected, used and maintained. You may review the Beachcombers Online Policy Statement at any time by clicking on the Privacy Policy link appearing at the bottom of this Website.

Guests and Registered Users

You can visit this Website to read about our company, its products and services, use our dealer locator or other features, all without providing any personal information. We may collect anonymous, aggregate information about how this Website is accessed by you, such as IP address, referring site, domain name and time spent at this site or Web pages visited.

Categories of Information Collected

Registration Information: Some of the features on this Website require registration before you can use them. If you register to use this Website, you choose to provide us with certain personal information such as your name, address, e-mail address and telephone number. You may update registration information online and you may also change your password at any time.

Service and Transaction Information: When you use a password or a similar identifier to access this Website, we will recognize your identifier and may collect various categories of information about you such as information you give us, data related to your use of this Website and its services and information about your transactions, interactions, and communications with us.

Use of Collected Information

We do not sell or market your personal information of personalized data to other organizations. The personal information you provide and the personalized data you create and save on the site is used to provide better service to you and to inform you of products, services or other opportunities that may be available. This may include disclosure of such information to employees, representatives, officers, agents, affiliates, government and regulatory entities, third parties, and service providers. Such information and data will also be used to administer our business, the site, and our services in a manner consistent with this privacy statement. If you provide us with your name, address, telephone number or e-mail address, or have done so in the past, Beachcombers may contact you by telephone, mail or e-mail. You may opt-in or opt-out of this arrangement either through this Website or by contacting us by any of the methods listed at the bottom of this policy.

Beachcombers adheres to a strict privacy code regarding children and does not knowingly accept personal information from a child. If it is brought to our attention that a subscriber is under age, we will immediately remove all personal and identifiable information from our records in compliance with the Online Children's Privacy Protection Act of 1998. In addition, we will not disclose this information to any other companies.

Aggregate Information

If you anonymously visit or browse this Website without registering or logging on with a username, password or other registration code, we do not collect your personal information unless you disclose it to us (e.g., e-mail address). We may collect aggregate, technical information that tracks site use including browser type, IP address, domain name, number or type of pages visited and time spent on this site. We may use such information in a variety of ways including analyzing trends, visitor interests, or to improve the site.

Cookies

“Cookies” are small amounts of data that are stored on your computer. They find their way to your browser via a Web server and flag information about your activity on this Website. This information helps us improve this site and make it friendlier and easier to use. We never use cookies to save passwords, credit card numbers or other highly confidential information. If you reject cookies, you may still use this Website, but your ability to use some areas of our site may be limited.

Other Sites and Services

This Website may contain links to other Internet sites not under our directions or control. This privacy statement does not apply to those sites. We are not responsible for such sites, cannot control how such sites use personal information, cookies or other data, and their representations do not apply to this site. You should always review the privacy representations of those sites that you link to before you use them and particularly before you share personal information.

Security

Beachcombers maintains your personal information and data according to strict standards of security and confidentiality. Online access to your information is only possible through a secure (SSL capable) web browser. SSL capable web browsers support encryption technology, which helps prevent unauthorized users from viewing your account information as it travels over the Internet.

Policy Updates

Beachcombers may change and/or update this privacy statement at any time. Any changes or updates will be effective immediately upon posting to this Website.