These Terms and Conditions of Sale (the “Terms” or this “Agreement”), together with any documents expressly incorporated herein, govern the contractual relationship and interaction between you (“you”, “your”, “User” or “Customer”) and BeerNav, LLC (“BeerNav”, “Company”, “we”, “us” or “our”).

Unless otherwise indicated, the following terms and conditions of sale will apply only to sales orders that are initiated and completed through BeerNav.com. BeerNav, LLC reserves the right to vary such terms and conditions of sale at its sole discretion.

*IMPORTANT: PLEASE READ CAREFULLY*

 By checking the box at the time of purchase to agree to these terms, accessing the Website, or by placing and order for the purchase of any products or services through or via the Website you: 

1. Agree that these terms constitute a legally binding and valid agreement between You and Us;
2. Accept this Agreement and agree to be legally bound by the Terms and Conditions set for herein; 
3. Represent and warrant that you are at least twenty-one (21) years of age; and
4. Understand, acknowledge, and agree that these terms require the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions. 

This Agreement contains disclaimers of warranties and limitations of liability and exclusive remedies. The provisions below form the essential basis of our Agreement. 

If You do not agree to these Terms, do not check any box to accept them, do not access the Website, and do not place any order for the purchase of products or services via the Website.

ACCEPTANCE OF ORDER

Acceptance of any order from Customer is subject to approval and acceptance by BeerNav. BeerNav reserves the right to accept or reject any order without liability to BeerNav, including without limitation, if Customer is outside BeerNav’s operational geographic territory, or does not accept and agree to BeerNav’s Privacy Policy, and Terms of Use.

ORDER CANCELLATIONS AND REFUND POLICY FOR PRE-ORDERS

You have the option to cancel your pre-order at any time up to seven (7) calendar days after placing your order by emailing us at sales@beernav.com. We will accept an order cancellation and issue a refund of your purchase price provided such order cancellation is made within seven (7) calendar days of your original order placement date.  After the Order Cancellation Period, we will provide no refunds for products or services purchased from us. 

To cancel a pre-order, you must send an email to sales@beernav.com that includes:

1. Order Number provided in your order confirmation email
2. First and last name used in placing the order
3. Your request and reason to cancel your order

Refunds are processed within approximately three (3) business days of our receipt and confirmation of your email notifying us of your pre-order cancellation. Any refund due will be credited back to the same payment method used to make the original purchase on the Website. 

Note: Depending on your bank or financial institution, it may take up to Seven (7) additional days for your card to be credited.

ORDER CANCELLATIONS, RETURNS, AND REFUNDS FOR COMPLETED AND SHIPPED ORDERS

We will accept a return of the products for a refund of your purchase price, less the original shipping and handling costs and a restocking fee, provided such return is made within THIRTY (30) DAYS of the shipping date to you (the “Return Period”) and provided such products are returned in their original, new condition with no damage. After the Return Period, we will provide no refunds or exchanges for products purchased from us.

To return a product, you must send an email to sales@beernav.com that includes:

1. Order Number provided in your order confirmation email
2. First and last name used in placing the order
3. Your request and reason to return a product

We will review your request upon receipt, and if appropriate, provide you with a Return Order Confirmation Number (an “ROC Number”) and Return Address. You must obtain an ROC Number before shipping your product back to BeerNav. No returns of any type will be accepted and no refunds of any kind will be provided without an ROC Number.

You are responsible for the shipping method, and all shipping and handling charges on returned products to BeerNav. You bear the risk of loss or damage during shipment. Returned products must be in unused, undamaged and in saleable condition. We therefore strongly recommend that you fully insure your return shipment against loss or damage and that you use a carrier that can provide you with proof of delivery for your protection. 

All returns are subject to a restocking fee of TWENTY PERCENT (20%) of the original purchase price.

Refunds are processed within approximately three (3) business days of our receipt and inspection of your returned product. When the return is approved, any refund due will be credited back to the same payment method used to make the original purchase on the Website. 

Note: Depending on your bank or financial institution, it may take up to Seven (7) additional days for your card to be credited.

WE OFFER NO REFUNDS ON ANY PRODUCTS THAT:

1. are designated on the Website as non-returnable;
2. that have been customized in any way;
3. that have been opened, used, modified, or otherwise tampered with;
4. that have been damaged through no fault of ours or that are missing components or parts; or
5. that have been abused or misused.

Receipt of Damaged Material – If Customer receives a damaged/defective item or item not as ordered, please contact BeerNav immediately at sales@beernav.com.

PRICES

All prices posted on the Website are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling (unless otherwise specified). All such taxes and charges will be added to your purchase total and will be itemized in your shopping cart, and in your order confirmation email. We are not responsible for pricing, typographical or other errors in any offer by us and we reserve the right to cancel any orders arising from such errors.

PAYMENT TERMS

Terms of payment are within our sole discretion and, unless otherwise agreed by us in writing, payment must be received by us before our acceptance of an order. We generally accept major credit and debit cards for all purchases. A listing of specific cards and payment methods that we accept are set forth in the payment section of the checkout page of the Website, but they are subject to change without notice. You represent and warrant that (i) you agree to pay for all products or services ordered through the BeerNav website or via the BeerNav sales team using the payment method indicated and provide BeerNav express authorization to charge said fees to the Customer’s payment provider at time of purchase or renewal (ii) the payment information you supply to us is true, correct and complete, (iii) you are duly authorized to use such payment method for the purchase, (iv) charges incurred by you will be honored by your bank, credit card, or payment service company, and (v) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any. Fees owed depend on the specific type and quantity of BeerNav products, services, information, or deliverables (collectively “Deliverables”) ordered. Payment of fees shall not be contingent on any events other than the delivery of the ordered Deliverables. If payment is not current, BeerNav may immediately cease to provide any and all Deliverables to the Customer.

TAXES

Prices shown do not include sales or other taxes imposed on the Deliverables. BeerNav is required to collect sales tax on purchases in select states. Taxes now or hereafter imposed upon sales or shipments will be added to the purchase price. The Customer shall pay such taxes or fees assessed by the responsible tax jurisdiction directly, and immediately upon order submission to BeerNav.

DISPUTES

The Customer must notify BeerNav about any billing problems or discrepancies within 30 days after charges first appear on their Account Statement. If it is not brought to BeerNav’s attention within 30 days, Customer agrees to waive their right to dispute such problems or discrepancies. Notwithstanding anything set forth herein to the contrary, any disputes about any charges to you under this Agreement must be submitted to us in writing to sales@beernav.com within 30 days of the date such charges are incurred. You agree to waive all disputes not brought within the 30 day period, and all such charges will be final and not subject to challenge.

SHIPMENTS; DELIVERY; TITLE AND RISK OF LOSS

The price of shipping is determined by the shipping method you choose, your order’s total weight, as well as the distance between your shipping address and our shipping center. The shipping charge will be calculated on the Shipping & Billing Method page before you complete your order. BeerNav only accepts orders for shipments within the US. Orders to international destinations or to Puerto Rico or other US territories will not be processed.

DELAY IN DELIVERY:  BeerNav is not to be accountable or liable for delays in delivery or other failures in performance occasioned by acts of God, political/social unrest, acts or threats of terrorism, computer or electronic interruptions, failure of its suppliers to ship or deliver on time, or other circumstances beyond BeerNav’s reasonable control, including, but not limited to, sourcing, shipment or delivery issues caused by, related to, or resulting from COVID-19 or other similar national or global health situation. Shipment or delivery dates are the best estimates of BeerNav and its suppliers and are not guaranteed. In no case shall BeerNav be liable for any special, incidental, direct, indirect, consequential, punitive, exemplary or special damages (whether sounding in contract, tort, strict liability, or otherwise), all regardless of whether BeerNav knew or should have known of the possibility of such losses, arising from any delay in shipment or delivery.

We will arrange for shipment of the products to you. Please check the individual product page or the checkout page for specific delivery options. We may, from time to time, offer free or reduced cost shipping on products that you order through the Website. Free or reduced-cost shipping, when available, will be set forth on the individual product page or the checkout page. Unless otherwise stated at the time when you submit your order to purchase products, you will pay all shipping and handling charges specified during the ordering process. All shipments will be made F.O.B. shipping point.

Title and risk of loss pass to you upon our transfer of the products to the carrier. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.

PRODUCT AND SERVICE  INFORMATION

BeerNav reserves the right at any time to modify or discontinue, temporarily or permanently, the Company Products or Services (or any part thereof) with or without notice. You agree that Company shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Company Products.

RELIANCE ON WEBSITE INFORMATION

Any data, results, or claims presented on or through the Website are believed to be accurate. We may update the Content on the Website from time to time, but its content is not necessarily always complete or up-to-date. Any Content on the Website may be out of date at any given time, and we are under no obligation to update such Content.

Product or Service information content, or any other Materials and Content presented on or through the Website is made available solely for general information purposes. BeerNav does not warrant the accuracy, completeness, reproducibility, or usefulness of this information. Such information should be independently verified, and any reliance you place on such information is strictly at your own risk. BEERNAV DISCLAIMS ALL LIABILITY AND RESPONSIBILITY ARISING FROM ANY RELIANCE PLACED ON SUCH INFORMATION, MATERIALS AND CONTENT BY CUSTOMER, PURCHASER, USER OR ANY OTHER VISITOR TO THE WEBSITE, OR BY ANYONE WHO MAY BE INFORMED OF ANY OF ITS CONTENTS.

DISCLAIMER OF WARRANTY

UNLESS EXPRESSLY STATED OTHERWISE IN WRITING, ALL PRODUCTS AND SERVICES LISTED OR OFFERED FOR SALE VIA THE WEBSITE ARE SOLD “AS IS” AND “AS AVAILABLE”. WE HEREBY DISCLAIM ANY AND ALL EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES, INCLUDING ANY WARRANTIES OF: (A) MERCHANTABILITY; (B) FITNESS FOR A PARTICULAR PURPOSE; (C) TITLE; (D) NON-INFRINGEMENT; OR (E) PERFORMANCE OF GOODS TO ANY STANDARDS, WHETHER ARISING BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED.

LIMITATION ON LIABILITY AND INDEMNIFICATION 

IN NO EVENT SHALL BEERNAV BE LIABLE FOR ANY INDIRECT, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, LOSS OF BUSINESS, INTERRUPTION OF BUSINESS, LOSS OF GOODWILL OR BUSINESS REPUTATION, OTHER INTANGIBLE LOSS, INACCURACIES, ERRORS OR OMISSIONS IN THE INFORMATION, PRODUCTS OR SERVICES PROVIDED, USER SUBMITTED REVIEWS, RELIANCE BY THE CUSTOMER ON THE COMPLETENESS OR ACCURACY OF INFORMATION, PRODUCTS OR SERVICES, LOSS OF USE OF DATA, LOSS OF DATA, COMPUTER VIRUSES, COMPUTER CORRUPTION, DELETION OR CORRUPTION OF CONTENT OR DATA MAINTAINED OR TRANSMITTED THROUGH THE USE OF BEERNAV SERVICES, LISTING FUNCTIONALITY OR CUSTOMER’S FAILURE TO KEEP CUSTOMER’S LOGIN AND/OR PASSWORD SECURE AND CONFIDENT) ARISING OUT OF THIS AGREEMENT. Customer’s exclusive remedy, and BeerNav’s entire liability under this Agreement shall be a refund to Customer of the fees paid to BeerNav hereunder, and in no event will BeerNav’s liability for any reason exceed such fee. BeerNav (and its officers, directors, employees and agents) shall not be liable for any damages whatsoever arising from Customer’s use of the Products or Services, and Customer shall indemnify BeerNav, LLC (and BeerNav’s officers, directors, employees and agents), and hold each of them harmless from and against any and all costs, damages or losses by any of them (including, without limitation, reasonable attorneys’ fees) as a result of a claim by any person other than Customer arising from Customer’s use or application of the Products or Services. Some jurisdictions do not allow the exclusion of liability for certain damages. As a result, some of the exclusions above may not apply to you.

ASSIGNMENT

BeerNav may assign this Agreement to a present or future parent, subsidiary, or affiliated entity, including a future successor or party acquiring all or part of the Company’s business.

GOVERNING LAW

This agreement shall be governed by the laws of the State of Washington applicable to contracts to be formed and fully performed within the State of Washington, without giving effect to the choice or conflicts of law provisions thereof. Any legal suit, action, or proceeding arising out of, or related to, this agreement shall be instituted exclusively in the federal courts of the United States or the courts of the State of Washington [, in each case located in the City of Bothell and County of Snohomish,] and no other place unless otherwise determined in BeerNav’s sole discretion. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts. Customer hereby irrevocably consents to the jurisdiction of such court or courts and agrees to appear in any such action upon written notice thereof.

ARBITRATION

At Company’s sole discretion, it may require You to submit any disputes arising from this agreement, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying the State of Washington law.

ENTIRE AGREEMENT 

This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof, and supersedes any and all prior or contemporaneous agreements, understandings, negotiations, representations or proposals or any kind, whether written, oral or otherwise. Neither party has relied upon any statements, representations or other communications that are not contained in this Agreement.

DEFINITIONS

For the purposes of this Sales Agreement: 

Business Day means any day other than a Saturday, Sunday or recognized public holiday in the jurisdiction where the relevant Service is provided.

Company referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to BeerNav, LLC.

Customer referred to as either “the Customer, “You”, or “Your” in this Agreement refers to the purchaser of BeerNav’s products or services.

Initial Period means the minimum period for which Customer must acquire a Service, as set out or referred to in an order.

Invoice refers to  any statement of work and summary of charges that sets out the scope of Services that BeerNav provides to Customer under this agreement. 

Products and/or Service refers to the Company’s deliverables set out or referred to in an order.  

Service State Date means the date in which BeerNav receives payment for a paid Service or confirms the order for a free Service. 

Service Term has the meaning set out in Section 2.

Website refers to the BeerNav, LLC website, accessible from https://www.beernav.com.