Effective date: 20/01/2020
Terms and conditions
1. General Rules
These terms and conditions respect the legislation in force and establish a binding contract between the users and the operator of our Services, ApisB&O Technology, Limitada hereafter called Beeyard.
By using our Services (website or apps) you acknowledge that you have read, understood and agreed to the Terms and Conditions stated here, and to any changes or amendments to the present version. If you do not agree with these Terms and Conditions, you should not use the services featured in this website.
If you disagree with any of the terms, please do not use this website.
We recommend that you print or download these Terms and Conditions for future reference. You should also review the most recent version of these Terms and Conditions regularly as Beeyard may change them, unilaterally, at any time. In order to create your user account, you must have Internet access and a valid e-mail address that will allow you to access the service and receive communications and documents electronically. These Terms and Conditions apply to all users.
2. Site contents
The materials made available on this site are provided “as is” without warranties of any kind, either express or implied, including but not limited to all implied warranties of merchantability, fitness for a particular purpose, title, or non-infringement. We do not warrant that the materials will be error free, nor free of viruses, defamatory, offensive, or other harmful matter. This site may also include content with technical inaccuracies or typographical errors that will be corrected as they are discovered at Beeyard´s discretion.
3. Third party site links
The materials that can be accessed from linked sites are not maintained by Beeyard and we are not responsible for the contents thereof. NOTE THAT: Any reference to a linked site or any specific third-party product or service by name does not constitute or imply its endorsement by us, and you assume all risk with respect to its use. So, you need to be careful.
4. Personal Data Protection
5. Intellectual Property Rights
All materials available through this website and other websites and our app owned by Beeyard including any products, services, and web content including but not limited to software, images, text, and various downloads are owned by Beeyard and/or by Beeyard vendors, who have given permission to use the Materials.
Materials are protected by copyright, trademark, and other intellectual property laws and all rights in the Materials are reserved by Beeyard or their respective owners. You may view, copy, and print pages from the website for personal use only. You may not otherwise use, reproduce, download, modify, store, post, broadcast, transmit, sell, or make available to any party any part of the content from the website without the prior written approval of Beeyard.
All rights reserved. Beeyard, Beeyard logos, and Beeyard product and service names mentioned herein are the trademarks of ApisB&O Technology, Limitada or its licensors. All other trademarks are the property of their respective owners.
6. Limitation of Liability
Without prejudice to any liability which cannot be excluded by law, these Terms and Conditions establish the extent of our obligations and responsibilities regarding Beeyard services, without any other guarantees, conditions or other terms that are mandatory for Beeyard.
Therefore, any warranties, conditions or other terms arising from/related to products and services are excluded. Beeyard´s obligation for compensation is, ultimately, to return the amount paid by the user.
7. Contact Information
Should you have any questions regarding these Terms and Conditions, you can contact us by sending an e-mail to our customer support. Should you have any problems, please contact us and we will do our best to solve them as quickly as possible. We strive to continuously improve our services and, as such, we appreciate every comment that may contribute to achieving that goal.
1. Products and Services
Beeyard provides products that bridge the gap between technology and the management of honeybees or other insects.
We inform that Beeyard products involves a software component (designated as “Beeyard Suite”), can involve a hardware component, that can be composed by several setups and a component of cellular communications service. The acquisition of hardware includes the acquisition of a software subscription and communication service. If you only subscribe the software product (Beeyard App) you can, though is not mandatory, purchase also a hardware product.
Both software and communication services are priced according to tier grouped by quantities of beehives managed. You can check that pricing in joinbeeyard.com/pricing/.
The subscription of both software and communication service can billed both monthly or annually, according to the preferences of the customer. The customer can change that when he wants. The customer can also cancel the subscription of any service at any given time.
2. Customer Support
Company will provide Technical Support to Customer via digital call and electronic mail on weekdays during the hours of 10:00 am through 5:00 pm GMT, with the exclusion of National Holidays (“Support Hours”).
Customer may request a helpdesk ticket during Support Hours by emailing [sales at joinbeeyard dot com].
Company will use commercially reasonable efforts to respond to all Helpdesk tickets within one (5) business day.
Beeyard sells two types of products:
- Hardware: includes all kinds of sensors, like Beeyard Stand Alone or Modular version, as well as other versions or products
- Services: it includes both the software like the Beeyard (web or mobile based) and communications for the hardware.
Beeyard sells both to end-costumers and companies and provides two different selling terms. For purchases smaller or equal to 15 units of hardware (or purchases equal or smaller to 5250€) company provides a direct purchase with 100% being charged using Beeyard’s online store or similar service. For purchases bigger than 15 units the company provides a 50/50% purchase plan, being the 50% at the moment of the order confirmation and the remaining 50% of the purchase order being payed at the delivery moment.
- “Add to basket” and Placing an order “Checkout”
Scrolling the page, you can choose products and place them into the shopping basket by using the “Add to basket” button. By using the “Checkout” button, it’s initiated a binding purchase request for the goods placed in the shopping basket. You will need to provide a valid billing/shipping address. Before sending the order, you can change and check the data at any moment. The request can be placed and sent only if you click in the ”I have read and agree to the website terms and conditions” button to express your agreement with these contractual terms. You will then be automatically redirected to our payment processor’s website and proceed with the available payment methods.
- Beeyard order cancellation
If the product or service is available on the website, the rule is that it can be sold or provided. However, due to technical or other reasons, Beeyard may not accept or cancel your order during the order process or even after it has been accepted. If we cancel your order, we will get in touch with you via e-mail and proceed to the reimbursement of your payment, when applicable.
- Prices and shipping costs
The prices listed on the website (joinbeeyard.com/pricing/) are valid for that purchase only. There you can find also the applicable shipping and delivery cost, transport insurance. The shipping and deliverable rates for countries outside European Union must be requested by the customer to the company using the available form. The taxes and other charges are included after you add the products into the shopping basket.
Beeyard reserves the right to change the prices without notice. Such change, however, will not be reflected on the price of orders placed before a new price was published on the website. All prices are expressed in Euros (€).
The prices listed on the website for each product are presented in (joinbeeyard.com/pricing/)
- You can pay in advance, by credit card (MasterCard, Visa) or via PayPal, or Direct bank Transfer.
- You can change the payment method chosen at any time.
- The purchase price is due immediately after the order is concluded.
- Order acceptance
After accepting your order, we will send an order confirmation e-mail to the e-mail address associated with your purchase data. Your order will be considered as placed from that moment on. If we are unable to accept your order, we will get in touch with you. You should verify the order details in the confirmation e-mail and, should there be any errors, contact our customer service department immediately, making sure you indicate what needs to be corrected.
- Tracking your order
Beeyard will keep you informed of the status of your order until it is shipped.
The order will be sent to your shipping address. Please note that the estimated shipping and delivery dates displayed are merely indicative and Beeyard will not be responsible for any damage or cost caused by an eventual delay in shipping or delivery. The risk of loss or damage is transferred at the moment of shipping to the shipping company in charge of transporting the goods.
Responsibility for transport risk is transferred to the shipping company once Beeyard hands them the goods. For that reason, any damage claim for damages to the goods as a result of their transport should be made by you directly against the shipping company.
- Order cancellation
Beeyard will not accept the cancellation of orders once the payment process has been completed.
Since this constitutes a distance contract, you can use your right of free termination within 14 days from date of delivery, unless the product was manufactured according to your specifications or custom-made for you. That right should be exercised by you, by sending a registered letter, with an acknowledgement of receipt, indicating you wish to terminate the contract. In this case, you must return the product in perfect conditions within 30 days from the date of delivery, and you will bear the costs of return shipment.
- Return policy
If you are unsatisfied with your purchase of a hardware product from www.joinbeeyard.com you have 30 days from the date of delivery to request a refund. You may return any product purchased on www.joinbeeyard.com in accordance with the terms below.
To qualify for a refund, all the following conditions must be met:
- A return authorization enquiry must be requested from our Support Team within 30 days of the delivery date. To request a return authorization and instructions on how to proceed with a return, please email us at info at joinbeeyard.com, providing the reason(s) for the refund request;
- You must return the product to Beeyard in order to receive your refund. Returned Product(s) must be in good physical condition (not physically broken or damaged). All accessories originally included with your purchase must be included with your return.
- To ensure successful delivery, you are required to ship the returned Product(s) using the prepaid return shipping label emailed to you by Beeyard (unless our Support Team specifically says otherwise).
- A Return Merchandise Authorization (RMA) will also be provided by Beeyard, in PDF format. This RMA must be printed and included along with your returned Product(s).
- Beeyard must receive the returned Product within 14 days after the RMA number has been issued. An assigned RMA number is valid for 14 days only and will expire on the 15th day after the date of issuance, at which time any returned Product will be refused.
- If you return a product to Beeyard (a) without the shipping label and RMA provided by Beeyard or (b) without all parts and accessories originally included with your purchase, Beeyard retains the right to either refuse acceptance of such return or charge you a restocking fee of 15% of the original price of the Product(s) or the retail value of the missing parts and accessories, whichever is higher.
Beeyard uses an automatic charging software that manages the billing scheme. Users can choose between a monthly or yearly payment scheme in ourBeeyard App. From there the user will be charged periodically and automatically. Users can update or cancel their active subscriptions at any moment.
The warranty period by its first end user has a duration of two years, for the products totally assembled by Beeyard, when the buyer is an end-user, and 1 year of warranty when the buyer is a collective entity or an individual in the exercise of his or her professional activity.
The Warranty period will not be increased or renewed if there is a subsequent resale, repair or replacement of the product authorized by Beeyard. However, the parts repaired or the replacement products supplied during the Warranty Period will be guaranteed during the rest of the original Warranty Period or during six months, counting from the date of repair or replacement, applying the superior date (except if there are different mandatory provisions required by the legislation applicable to the sale of the product).
Coverage/Repair/Replacement under warranty. The warranty for all our products covers all material defects, design and manufacture, including defects resulted from wear out of the products due to normal use. The solution of the defect/damage/malfunction will be solved through repair or replacement of the product or part, as Beeyard understands to be the most adequate and within a reasonable deadline. By repairing or replacing the products, Beeyard may use new products or parts that are equivalent to new or refurbished ones. All products and components replaced under warranty are Beeyard´s property.
How to enable warranty
After acknowledging the defect, the client has a 2-month deadline to communicate the existing issue to Beeyard. And for that the client must give specific information such as the description of the malfunction, photographs or videos. The client should also send a digital copy of the invoice issued at the time of purchase, clearly indicating the name and address of the seller, date and place of purchase, kind of product and serial number. This warranty can be voided if the client manipulates the invoice data, receipt or waybill.
Exclusion of the Warranty
This warranty specifically excludes the following cases:
- Damages or malfunctions resulting from use not following the instructions manual, settings, contents, data or connection of third parties provided by the company, included or downloaded to the product (during installation, assembly, shipment or at any other moment of the delivery chain or acquired in any other way by the user)
- Damages or malfunctions caused by unrelated reasons to the manufacture of the product, for example, power outages and electrical overloads, etc.
- Personal damage and/or materials resulting of the user’s noncompliance of rules and instructions given by Beeyard for the installation, use, maintenance or transport (for example, not using the original packaging or an improper packing).
- Damages and malfunctions of the product resulting of: misuse of the product, falls, fraud or user’s negligence, including using the product for different purposes other than the product’s specifications; repair attempts made by parties that are not authorized by Beeyard; accidents, natural disasters, humidity exposure, atmospheric or extreme temperature conditions or sudden changes such as corrosion, oxidation, spillage of liquids or food or chemical influenced products.
- Damages or malfunctions of products resulting of changes made by the user in the parametrization of the software for product function.
- Damages or malfunctions of products resulting of the use of a non-authorized product, equipment, software and/or service, and/or not recommended by Beeyard.
- Damages or malfunctions of products resulting of the use of a firmware other than the one supplied by Beeyard.
- Damages or malfunctions of products resulting of the connection with different voltage other than the one set by the manufacturer.
- Defects not detected by scientific and technical knowledge at the time Beeyard placed the product for sale.
- Defects or malfunctions resulting from abnormal or intensive use of the product.
- Defects or malfunctions resulting from the use of the product after arrival with visible damages before communicating and being authorized by Beeyard.
Other exclusions: The current warranty does not apply to products in development and testing products.
Limitation of liability. With exception of the warranty specifically given and in the terms of the applicable law, Beeyard excludes itself of any other.
5. Restrictions and responsibilities
- Customer will not, directly or indirectly: reverse engineer, decompile, disassemble or otherwise attempt to discover the source code, object code or underlying structure, ideas, know-how or algorithms relevant to the services or any software, documentation or data related to the services (“software”); modify, translate, or create derivative works based on the services or any software (except to the extent expressly permitted by company or authorized within the services); use the services or any software for timesharing or service bureau purposes or otherwise for the benefit of a third; or remove any proprietary notices or labels. With respect to any software that is distributed or provided to customer for use on customer premises or devices, company hereby grants customer a non-exclusive, non-transferable, non-sublicensable license to use such software during the term only in connection with the services.
- Customer represents, covenants, and warrants that customer will use the services only in compliance with company’s standard published policies then in effect (the “policy”) and all applicable laws and regulations. Customer hereby agrees to indemnify and hold harmless company against any damages, losses, liabilities, settlements and expenses (including without limitation costs and attorneys’ fees) in connection with any claim or action that arises from an alleged violation of the foregoing or otherwise from customer’s use of services. Although company has no obligation to monitor customer’s use of the services, company may do so and may prohibit any use of the services it believes may be (or alleged to be) in violation of the foregoing.
- Customer shall be responsible for obtaining and maintaining any equipment and ancillary services needed to connect to, access or otherwise use the services, including, without limitation, modems, hardware, servers, software, operating systems, networking, web servers and the like (collectively, “equipment”). Customer shall also be responsible for maintaining the security of the equipment, customer account, passwords (including but not limited to administrative and user passwords) and files, and for all uses of customer account or the equipment with or without customer’s knowledge or consent.