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Besmart
Besmart

Terms and conditions

These are the terms and conditions on which we supply our products to you.

Please read these terms carefully before ordering with us. These terms tell you everything you need to know about buying with us. If you think that there might be a mistake in these terms, please let us know.


Youbesmart.com Website Terms and Conditions


Updated as of 1 May 2020.

BeSmart entity(“youbesmart”, “we”, “us”, “our”), owns and operates this website (www.youbesmart.com) and related social media accounts (“Site”) as part of its business. These terms of use (“Terms”) govern your access to and use of the Site and the services accessible through it (“Services”). These Terms are supplemented by our privacy policy (“Privacy Policy”), which is available at https://www.youbesmart.com/privacy-policy, and which also apply to your use of the Site. The Terms and Privacy Policy are collectively referred to as the “Terms” below.


Binding Agreement


Please read the Terms carefully. Together, they form a binding and enforceable agreement between you and UntilGone.com (“Agreement”). BY ACCESSING, USING, VIEWING, TRANSMITTING, CACHING, OR STORING THE SITE OR ANY OF THE SERVICES, FUNCTIONS, OR MATERIALS AVAILABLE ON OR THROUGH THE SITE, YOU AGREE TO BE BOUND TO THE TERMS. IF YOU DO NOT AGREE, DO NOT USE THE SITE.


If you use the Site or any of the Services available through the Site on behalf of a third party, you represent and warrant to us that you have the power and authority to bind that third party to this Agreement and all references to “you” or “your” and words of similar meaning will include that third party.


Setting up an Account


You do not have to set up an account (“Account”) to access or use most of the information available through the Site. For example, you can browse content and product reviews, view FAQ, and search for items without having an Account. However, if you want to order any items, for example, you will need to create an Account by following the instructions at “Join youbesmart.com” link on the youbesmart.com homepage at www.youbesmart.com (or you may proceed as a “guest” and provide only the necessary information for any order placed). When you create an Account, you will have an opportunity to change your contact information, and other preferences. Information we collect from you when you create and use an Account (your name, email address, zip code, city, user name, etc.) and/or place orders via the Site is subject to our Privacy Policy https://www.youbesmart.com/privacy-policy.


Services


youbesmart.com reserves the right not to accept and process orders that do not comply with our business policies and/or vendor agreements. Products ordered on this Site may be subject to shipping limitations such as shipping only to physical addresses located in the United States, or no shipping to P.O. boxes or APO/FPO addresses, and applicable limitations will be noted in connection with available Items or during the purchasing process. All Services are provided subject to applicable state and local laws.


All orders are subject to acceptance by UntilGone.com and product availability. By submitting a purchase request to youbesmart.com for any product you represent and warrant that all information submitted to youbesmart .com in connection thereto is complete and accurate.  At youbesmart.com’s discretion, purchase requests will be processed but youbesmart.com reserves the right not to accept your purchase request in its sole discretion. In such case, youbesmart.com will inform you by email.


Prices (if any) indicated on each product page are exclusive of applicable taxes. Prices are subject to change. However, such changes will not impact the price or the description of the products for which you have already submitted a purchase request.


You may pay for your order using the payment methods available on the Site. The price for the purchase of products and the corresponding costs for shipping, delivery, and/or tax, as indicated by youbesmart.com, may be charged to your chosen payment method. You agree to pay youbesmart.com in full as identified in the purchase process via the Site. To ensure that your credit or debit card is not being used without your consent, youbesmart.com may validate your name, address, and certain other personally identifiable information supplied by you in placing the order. youbesmart.com reserves the right to implement any additional and/or other payment security system from time to time.


The appearance of products displayed on the Site may not exactly correspond to actual products in terms of image, dimensions, and color depending on your Internet browser and/or your monitor quality.


Refunds, for whatever reason, of any payment to be received by you will take place using the same method of payment you chose during the check-out procedure and cannot be amended after your order has been placed. youbesmart.com will not be responsible for any delays beyond its control, including without limitation delays caused by the method of payment/refund or those attributable to the card issuer or delays in shipment or delivery.


Any right of withdrawal or returns must comply with the terms set forth herein.


Disclaimer of Warranties and Limitation of Liability


Youbesmart.com sells products from a wide range of manufacturers and the warranty period varies. The warranty period for each product is as described in the relevant product listing information on the website.


If your product arrives broken or non-working, at our option and in our sole discretion, we may replace it or refund your purchase. Typically, we will send you a pre-paid return label to send it back to us. If your purchase stops working during the warranty period stated in the product listing, please contact the either UntilGone.com or the manufacturer (as specified in the warranty note for each Item) for replacement or repair.


THE SITE, PRODUCTS SOLD VIA THE SITE, AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.”  youbesmart.com DOES NOT CERTIFY OR GUARANTEE THE ACCURACY, COMPLETENESS, OR ADEQUACY OF THE SITE OR ANY PRODUCTS OR SERVICES AND DOES NOT RECOMMEND OR ENDORSE THE PRODUCTS THAT MAY BE PROVIDED THROUGH THE SITE. youbesmart.com EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND WITH REGARD TO THE SITE, ANY PRODUCTS AVAILABLE VIA THE SITE, SERVICES AND OTHER SUBJECT MATTER OF THIS AGREEMENT, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, TITLE, OR NON-INFRINGEMENT.


Youbesmart.com WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED, UNDER ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR OFFENSE (INCLUDING NEGLIGENCE OR OTHERWISE), ARISING IN CONNECTION WITH OR OUT OF THE USE OF THE SITE, ANY PRODUCTS AVAILABLE VIA THE SITE, OR SERVICES. IN JURISDICTIONS WHERE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES IS NOT PERMITTED,  youbesmart.com’s LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW..


Cancellations and Returns


You may cancel orders automatically online by accessing your Account via our Site and navigating to the Customer Account Page, and then clicking the Cancel Button next to your order.  Once the order has been processed, however, this Cancel Button disappears and the order can no longer be canceled.


Returns for defective products, or, those that arrived broken or in non-working order, are only allowed if your request is received by youbesmart.com within twenty-one (30) calendar days from your order delivery date and all returns must be received complete (with all original packaging and contents) by youbesmart.com within fourteen (14) calendar days after the return is approved. After that, or if the product and packaging are not complete, no returns for such products are available from youbesmart.com. To request warranty information or to request a return for a defective item, click on the Contact Us link on the Site. We will do our best to respond to your email request in a timely manner.


Returns for products that have stopped working during the warranty period, if there is a manufacturer’s warranty, the warranty specifics, including contact information, are typically found in the packaging. If you can’t find it or if the warranty is through youbesmart.com  and not the manufacturer, we’ll be happy to provide you with the necessary information. To request warranty information or to request a return for a defective item, click on the Contact Us link on the Site. We will do our best to respond to your email request in a timely manner. 


Generally, we offer a 30 day "change-of-mind" return policy within 30 days of your delivery date, but please note that some items are not returnable in any case, due to their nature. This is noted on the product page (ex: youbesmart.com’s Junk boxes are not returnable or refundable). Please do not open the product if you do not plan to keep the item you purchased. All returns must be received complete (with all original packaging and contents) and in working condition by youbesmart.com  within fourteen (14) calendar days after the return is approved and prior approval is required.  


For any returns, we do not credit back any shipping charges paid on the original order and do not pay or reimburse for any return shipping back to us.


Availability


We reserve the right to withdraw or amend the Site, Services, or any portion thereof in our sole discretion without notice. We will not be liable if for any reason the Site or any Services are unavailable at any time or for any period.


You are responsible for (a) making all arrangements necessary for you to have access to the Site (e.g., providing your own equipment and internet connection and paying any internet access fees) and (b) ensuring that all persons who access the Site through your internet connection are aware of the terms and conditions of this Agreement and comply with them.


Participating in Promotions


We may post banners, advertisements, promotions, and similar content throughout the Site. If we offer promotions, they will be subject to additional terms and conditions to which you must agree before entering (“Promotions Rules”). The Promotions Rules are considered part of these Terms and therefore part of the binding legal Agreement between you and us. Please read any Promotions Rules carefully before entering.


Third Party Content and Linked Websites


The Site also may include advertisements and information about products and services from third parties and the Site or the Services may contain links to third-party websites (collectively, “Third Party Providers and Sites”). We do not warrant the accuracy of this content and its presence on the Site does not imply any endorsement or sponsorship of the person or company posting the information or the referenced products or services. We specifically disclaim all responsibility and liability for any content, services, or products available on or offered through Third Party Providers and Sites. In addition to the Terms, your access to and use of any Third Party Provider and Sites content, products or services available through the Site are subject to the applicable Third Party Provider terms, which may include payment of fees. Except as set forth in these Terms, the Third Party Providers and Sites’ terms will control your access to and use of content on the third party websites. Any interactions, correspondence, and business dealings that you have with any Third Party Providers and Sites are solely between you and the third party (including, without limitation, issues related to the content of third party advertisements, payments, delivery of goods, warranties, and the like). We do not control or endorse these websites, and if you access any Third Party Providers and Sites, you do so at your own risk.


Intellectual Property Rights


The Site and Services (including but not limited to all information, software, code, algorithms, database, text, displays, images, video and audio, and the design, selection and arrangement thereof) are owned by youbesmart.com and its licensors and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.


This Agreement permits you to use the Site for your own personal and organizational purposes only. You are granted a limited, non-transferable, revocable license to use the Site, subject to the terms and conditions of this Agreement and in compliance with all applicable laws, rules, and regulations and any agreements or terms with third parties to which you are subject. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Site, except as follows:


Your computer may temporarily store copies of the Site materials in RAM incidental to your accessing and viewing those materials.

You may store files that are automatically cached by your web browser for display enhancement purposes.

You may print or download one copy of a reasonable number of pages of the Site and where we provide you access, downloadable documents on the Site, for your own personal or business use and not for further reproduction, publication, or distribution.

If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal or business use, provided you agree to be bound by any applicable end user license agreement for such applications.


You must not:

  • Modify copies of any materials obtained from the Site.
  • Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
  • Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Site.
  • You may not link to the Site from any web site that is unlawful, abusive, indecent or obscene, that promotes violence or illegal acts or that is otherwise inappropriate in youbesmart.com’s sole discretion.
  • Access or use any part of the Site other than for purposes of receiving the Services.


All trademarks, logos, and service marks displayed on the Site are the sole and exclusive property of UntilGone.com or their owners or affiliates. You are not permitted to use trademarks, logos, and service marks of youbesmart.com without youbesmart.com’s prior written consent. You must maintain in place all copyrights, trademarks, and other proprietary rights notices contained on or in any copies of our Site or product materials.


No right, title or interest in or to the Site or Services, or any portion thereof, is transferred to you, and all rights not expressly granted are reserved by youbesmart.com. Any use of the Site or Services not expressly permitted by this Agreement is a breach of this Agreement and may violate copyright, trademark, and other laws. If you wish to make any use of material on the Site other than as set out in this section, please address your request to contactus@youbesmart.com.


Copyright


Youbesmart.com respects others’ intellectual property and requires its users do the same. If you believe that your work has been copied and is accessible on the Site or through a Service in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you may request removal of the relevant material(s) (or access thereto) from the Site or the Service by contacting youbesmart.com (contact information below) and providing the following:


  • Identification and description of the copyrighted work that you, the user, believe to be infringed, with a valid Site URL or an authorized version of the work that will allow youbesmart.com to locate the material.
  • Your, the user’s, valid name, address, telephone number, and email address.
  • A statement that you, the user, have a good faith belief that the complained of use of the material is not authorized by the copyright owner, its agent, or the law.
  • A statement that the information that you, the user, have supplied is accurate, and indicating that “under penalty of perjury” you are the copyright owner or are authorized to act on the copyright owner’s behalf.
  • A signature or the electronic equivalent from the copyright holder or authorized representative.


Please email youbesmart.com at contactus@youbesmart.com for copyright issues relating to this Site or any Service.


Permitted and Prohibited Uses


You may use the Site and Services only for lawful purposes and in accordance with this Agreement. You agree not to use the Site and Services in any way that violates any applicable federal, state, local, or international law or regulation.


You also agree not to:


  • Use the Site or Services in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party’s use of the Services.
  • Use any robot, spider or other automatic device, process or means to access the Site for any purpose, including monitoring or copying any of the material on the Site.
  • Use any device, software or routine that interferes with the proper working of the Site.
  • Introduce any viruses, Trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Site or Services, the server on which the Site are hosted, or any server, computer or database connected to the Site.
  • Attack the Site via a denial-of-service attack or a distributed denial-of service attack.
  • Attempt to bypass methods youbesmart.com may use to prevent or restrict access to the Site or Services.
  • Otherwise attempt to interfere with the proper working of the Site.


Further, you agree not to post, upload to, transmit, distribute, store, create, or otherwise publish through our Site or Services any of the following content or information:


  • Any message, data, information, text, music, sound, photos, video, graphics, code or other material that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
  • Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law, including, without limitation, the regulations of the U.S. Securities and Exchange Commission or any rules of a securities exchange such as the New York Stock Exchange, the American Stock Exchange or the NASDAQ;
  • Content that may infringe any patent, trademark, trade secret, copyright, or other intellectual or proprietary right of any party;
  • Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
  • Unsolicited promotions or political campaigning; or
  • Private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers, and credit card numbers.


Equitable Relief


You agree that youbesmat.com has expended significant monetary resources to develop, maintain, and host the Site and Services, and that monetary damages would be inadequate to compensate youbesmart.com for any violation of these Terms. Accordingly, you agree and acknowledge that any such violation or threatened violation will cause irreparable injury to youbesmart.com and that, in addition to any other remedies that may be available, at law, in equity, or otherwise, youbesmart.com will be entitled to obtain injunctive relief against the actual or threatened violation of these Terms without the necessity of posting a bond or proving actual damages to youbesmart.com.


Termination and Suspension


You have the right to terminate your membership account with youbesmart.com at any time by contacting us at contactus@youbesmart.com. Upon termination of your membership account, the member only portions of the Site will no longer be available to you.


Youbesmart.com may suspend or permanently terminate in its sole discretion your access to or use of the Site or Services, with or without notice to you, for any reason or no reason. Upon termination of your access, all rights and licenses granted to you under these Terms will terminate; and youbesmart.com may, in its sole discretion, delete any of your account details that may be held by youbesmart.com. You are not permitted to return to the Site under another name or guise after termination and youbesmart.com will be entitled to obtain injunctive relief if you violate termination or suspension by youbesmart.com. If we suspend or terminate your Account or these Terms, you understand and agree that you shall receive no compensation for any content or data associated with your Account, or for anything else.


Privacy Policy


You expressly consent to the use and disclosure of your personal information and other data and information as described in the youbesmart.com Privacy Policy https://www.youbesmart.com/privacy-policy. Notwithstanding anything in the Privacy Policy, youbesmart.com will have the right to collect, extract, compile, synthesize, and analyze non-personal information (information that does not identify a natural person) resulting from your access to and use of the Site or Services. To the extent any such non-personal information is collected or generated by youbesmart.com it will be solely owned by youbesmart.com and may be used by youbesmart.com for any lawful business purpose without a duty of accounting.


Enforcement


You agree that we may, without any limitation whatsoever: (a) investigate any suspected breaches of the Site security or our information technology or other systems or networks; (b) investigate any suspected breaches of the Terms; (c) involve and cooperate with law enforcement authorities in investigating any such matters; (d) prosecute violators of the Terms to the full extent of the law; (e) delete or modify any materials on or Services available via the Site, including any materials you may submit; and (f) discontinue this Site or terminate your access to it at any time, without notice, for any reason and without any obligation to you whatsoever.


Modification of Terms


youbesmart.com reserves the right to change the Terms at any time, without notice and in its sole discretion. You are responsible for regularly reviewing the Terms. Changes will be effective thirty (30) days after they are posted on the Site. If you do not agree to any change in the Terms you must cease use of the Site and Services. Your continued access to and use of the Site or any Services signifies your acceptance of this Agreement and the Terms, including as modified.


General


These Terms are the complete and exclusive understanding and agreement between youbesmart.com and you (“The Parties”), and supersedes any oral or written proposal, agreement or other communication between you and youbesmart.com regarding your access to and use of the Site and/or Services. Except as set forth herein, these Terms may only be amended or modified by a written agreement signed by you and youbesmart.com. The waiver or breach of any provision of these Terms will not operate or be interpreted as a waiver of any other terms or subsequent breach. If any provision of these Terms is held by a court of competent jurisdiction to be unenforceable, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions of these Terms will continue in full force and effect. You agree that nothing in these Terms will be construed as creating an employer-employee relationship, a partnership, or a joint venture between you and youbesmart.com. You may not assign or delegate, whether by operation of law or otherwise, these Terms or any of your rights or obligations under these Terms to any third party without the prior written consent of youbesmart.com. Any assignment in violation of the foregoing will be null and void and will be considered a breach of these Terms.