TERMS & CONDITIONS

IMPORTANT NOTICE PLEASE READ THE GENERAL CONDITIONS OF SALE SET FORTH BELOW VERY CAREFULLY. THE GENERAL CONDITIONS OF SALE FOR RED BEE SEEDS PRODUCTS PURCHASED THROUGH THE WEBSITE (DEFINED BELOW) ARE LIMITED TO THOSE CONTAINED HEREIN. ANY ADDITIONAL OR DIFFERENT TERMS OR CONDITIONS IN ANY FORM DELIVERED BY CLIENT (DEFINED BELOW) ARE HEREBY DEEMED TO BE MATERIAL ALTERATIONS AND RED BEE SEEDS HEREBY GIVES EXPLICIT NOTICE OF OBJECTION TO THEM AND REJECTION OF SUCH TERMS. BY SUBMITTING ANY ORDER THROUGH THE WEBSITE, CLIENT AGREES TO BE BOUND BY AND ACCEPTS THESE TERMS AND CONDITIONS.

 

1. General provisions

 

1.1.        These general conditions of sale (hereinafter, “General Conditions”) apply to all sales of Red Bee Seeds products (hereinafter, “Products” or “Product”) carried out through the www.redbeeseeds.com website (hereinafter, “Website”).

1.2.        Selling of Products -regulated under these General Conditions- is only available to consumers over the age of twenty-one (21) years (or the age of majority of the individual's relevant country) (hereinafter, “Clients” or “Client”) being natural persons that obtain Products for personal, family, or household purposes. Client is prohibited from purchasing any Product from the Website for purposes of resale by you or any other person, and Red Bee Seeds expressly disclaims any warranty or claim for damages, consequential or otherwise, resulting from Client's intent or attempt to resell any Product purchased from the Website.

1.3.        The language of any contract of sale through this Website shall be English.

1.4.        Clients are required to carefully read these General Conditions, which are available on the Website to enable Clients to acknowledge, store and reproduce them. Contracts of sale executed with the Clients will be archived by Red Bee Seeds for the retention period required by applicable law.

 

2. Identification of the vendor

 

2.1.        The vendor is Red Bee Seed Company, a company part of Raul Victus Management Group, with an office at 5550 Wilshire Blvd, Los Angeles, California 90036 USA (“Red Bee Seeds”).

 

3. Information on Products and their availability

 

3.1.        Information on Products (along with the relevant Product codes) and relevant prices are available on the Website. Red Bee Seeds reserves the right to make adjustments to the pricing and/or description or features of Products for reasons including, but not limited to, changing market conditions, Product discontinuation, material unavailability, changes to manufacturing processes, and errors in advertisements.

3.2.        The Products available on the Website are a selection of items not normally available in stores; however, Red Bee Seeds does not provide any warranty to the Client relating to the availability elsewhere of the Products available in the Website. The photographs and images of products included on the Website and Services have been portrayed as accurately as possible; however, the settings and specifications of the Client's viewing device or display could affect the accuracy of the colors of Products portrayed. The information included on the Website and/or Services should not be relied upon or used as the sole basis for making decisions without consulting more accurate, more complete, or more timely sources of information.

 3.3.        Red Bee Seeds reserves the right at any time to limit quantities and/or type of Products available from the Website. The style, models and colors of the Products described on the Website may be changed without notice. During the purchasing process, an automatic response will inform the Client if the order cannot be processed due to the unavailability of the ordered Product.

3.4.        The maximum number of pieces for each Product that may be included by the Client in the order proposal is three pieces.

3.5.        Red Bee Seeds shall not be liable for errors occurring as a result of a failure of the Client’s connection to the Website.

 

4. Price

 

4.1.        The prices of the Products are indicated on the Website in U.S. Dollars and are exclusive of all applicable taxes and any applicable surcharges. Red Bee Seeds charges state, local and county taxes on online transactions, as required by applicable laws. Delivery costs shall be added to the price of the Products and are indicated separately on the order form. 

4.2.        Red Bee Seeds regularly verifies that prices of the Products displayed on the Website are correct; however, Red Bee Seeds cannot guarantee the absence of errors. In the event a Product is listed at an incorrect price, Red Bee Seeds reserves the right, prior to delivery, to refuse or cancel orders placed for the Product listed at the incorrect price, regardless of whether the order has been confirmed or payment has been made. In such circumstances, Red Bee Seeds shall offer the Client the opportunity to purchase the Product at the correct price. If the Client's credit card or account has already been charged for the purchase and the order is cancelled prior to delivery, Red Bee Seeds will issue a credit to Client's credit card or account. 

4.3.        Red Bee Seeds offers price adjustments for online purchases on first markdown only. Specifically, if a Product has been reduced from its full price, Red Bee Seeds will credit the Client the difference. A price adjustment request must be made within ten (10) days of the order date for the price adjustment to be honored. The Client must contact Red Bee Seeds by sending an email to info@redbeeseeds.com. Red Bee Seeds will refund the adjusted amount in the original form of payment. Please note that a different price adjustment policy may be applicable for in-store purchases.

 

5. Execution of the Contract

 

5.1          The essential characteristics and the price of each Product are displayed on the Website. The information displayed on the Website does not represent an invitation by Red Bee Seeds.

5.2.        Before submitting an order through the Website, Client shall read carefully all the instructions provided during the purchase procedure (also with regard to the delivery charges, the return policy and the privacy policy statement), along with these General Conditions. 

5.3.        To purchase a Product, Client must (i) include the selected Product in the “Shopping Cart” by clicking on the relevant button, (ii) fill in the order proposal, (iii) select the payment method, (iv) accept the General Conditions and (v) send the order proposal to Red Bee Seeds through the Website. 

5.4.        Sending of the order constitutes an offer to purchase the selected Product, regulated under these General Conditions and binding for the Client (with no prejudice to the return policy under Section 10). The sending of the order proposal by the Client obligates the Client to pay the price of the ordered Product(s) if the order is accepted and confirmed by Red Bee Seeds.

5.5.        Any error/change in data entered by the Client in the order proposal may be corrected by the Client by following the process described on the Website, before sending the order proposal (by way of example: Client may change the quantity of Products that they intend to purchase by adding or removing one or more Products from their “Shopping Cart”).

5.6.        Without prejudice to the use of data described in the Privacy Policy statement, the order proposal and the Client’s data related to that order proposal may be kept by Red Bee Seeds for the period required by applicable legislation. 

5.7.        An order proposal may be refused by Red Bee Seeds prior to acceptance and confirmation of the order by Red Bee Seeds at its sole discretion, including but not limited to the following circumstances:

(i) the Products are not available (with no prejudice to the provision set out under Sections 3.3 and 5.9); or

(ii) reported, or suspected, fraudulent or illegal activities, including suspected purchases for resale or commercial purposes; or

(iii) the Client has not fulfilled his/her obligations with respect to a prior contract executed with Red Bee Seeds.

5.8.        The contract between Red Bee Seeds and the Client is executed upon receipt by the Client of the acceptance and confirmation by Red Bee Seeds of the order proposal sent through the process set out on the Website. The acceptance (or the refusal) by Red Bee Seeds shall be sent to the Client via e-mail at the address provided by the Client in the order proposal ("Order Confirmation"). 

5.9.        In case of unavailability of one or more of the ordered Products, the Client will receive an e-mail duly informing him about the unavailability of the Products. In this case, the order proposal will be cancelled or partially accepted only as to the available Products. In case of partial acceptance, the Client shall pay (or shall be charged, in case of payment through the credit card) only the price of the available Products. 

5.10.      The Order Confirmation will include a summary of the essential characteristics of the purchased Products, a detailed indication of the price and means of payment, information on delivery charges, information on the conditions and methods to exercise the right of withdrawal, including information on the return policy, the address to which complaints may be addressed, information on support services and on existing commercial terms.

Title to Products and risk of loss or damage during shipment pass from Red Bee Seeds to Client upon delivery to the destination specified by the Client (F.O.B. Destination, freight prepaid and added).

 

6. Method of payment

 

6.1.        Payment of the price of the Products included in the order proposal and the relevant taxes and delivery charges shall be paid by the Client by credit card, or other means acceptable to Red Bee Seeds

6.2.        Red Bee Seeds accepts payments made with the following methods of payment:

Visa

MasterCard

American Express

JCB

Discover

Cash App

Bitcoin

6.3.        The transactions will be charged to the Client’s credit card only after:

(i) the credit card data has been verified;

(ii) the authorization to charge the card has been received from the issuer of the card used by the Client;

(iii) the availability of the Product has been confirmed by Red Bee Seeds; and

(iv) the order is ready to be shipped, unless the order includes made-to-order Product(s) designed or customized to the Client’s specifications, in which case the transaction for such Product(s) shall be charged after steps (i) – (ii) above are complete.

6.4. No charge shall be made at the moment of transmission of the order proposal, with the exception of any temporary charge necessary to confirm the payment method’s validity, if any. The temporary charge may vary depending on the payment method selected, as follows: 

Credit card: $0.00 or $1.00;

6.5.        In the event that, for any reason, it is impossible to charge the amount due by the Client prior to acceptance and confirmation of the order by Red Bee Seeds, the contract will not be executed and the order will be cancelled.

 

7. Transport and delivery

 

7.1          Products will be delivered to the address specified by the Client in the order proposal. In some circumstances and in its absolute discretion, Red Bee Seeds may require the signature of the Client (or of a nominated adult representative) at the time of delivery. In addition, Red Bee Seeds cannot be held responsible for unanticipated delivery delays beyond Red Bee Seeds’ control.

7.2.        For each order, Red Bee Seeds shall invoice the Products by e-mail or by mail to the Client, pursuant to any applicable laws and regulations. The invoice will be based upon the information provided by the Client at the time of the order. No alterations to the invoice are possible after the invoice has been issued. 

7.3.        Unless otherwise specified by Red Bee Seeds from time to time, delivery charges shall be borne by the Client and are indicated separately on the order form and invoice.

7.4.        All orders are processed Monday through Friday, excluding Saturday, Sunday and holidays. To estimate the total delivery time for a purchase, please allow up to two business days from the order date to process the order for shipment, in addition to the time indicated by the Client’s preferred shipping method.

7.5.        The purchased Product(s) shall be delivered by a carrier selected by the Client (hereinafter, “Carrier”). Next day and two-day deliveries are made Monday through Friday excluding Saturday, Sunday and holidays. Ground deliveries are made Tuesday through Saturday excluding Sunday and holidays.

7.6.        Orders placed with Saturday deliveries are expected to be delivered on Saturday if placed by 1PM(ET) on Friday, subject to the following conditions: If an order is placed after 1PM(ET) on Friday, it is expected to be delivered on the Saturday of the following week, as indicated during the checkout process. The delivery time on Saturday may vary depending on the destination zip code and location. Saturday deliveries cannot be made on holidays. Saturday delivery service is only available for Product(s) in the order that are immediately available. Product(s) that are not immediately available will be placed on a priority waiting list and will be shipped with free ground service once they become available for shipment. To select an alternative shipping method for such priority waiting list items, please contact Red Bee Seeds at info@redbeeseeds.com for assistance. (The fee applicable to such alternative shipping methods will apply). Red Bee Seeds recommends reviewing the order details on the order review page before submitting an order proposal, or in the order confirmation email that is sent to the Client shortly after the order is placed. Some business addresses may not accept shipments on Saturdays. To ensure Saturday delivery, please confirm that the applicable shipping address can accommodate Saturday deliveries. Saturday delivery is not available for Hawaii, Alaska, or Puerto Rico at this time.

7.7.        Orders placed with same day deliveries are expected to be delivered on the date of order, if placed by 1PM(ET) Monday through Friday, subject to the following conditions: The delivery time may vary depending on the destination zip code and location. Same day deliveries cannot be made on holidays. Same day delivery service is available on Product(s) in the order that are immediately available for shipment within Manhattan, New York only. If the Client is unsure as to whether the applicable shipping address is an eligible Manhattan, New York address, please contact Red Bee Seeds at at info@redbeeseeds.com for confirmation. Products(s) that are not immediately available will be placed on a priority waiting list and will be shipped with free ground service once they become available for shipment. To select an alternative shipping method for such priority waiting list items, please contact Red Bee Seeds at at info@redbeeseeds.com for assistance. (The fee applicable to such alternative shipping methods will apply). Red Bee Seeds recommends reviewing the order details on the order review page before submitting any order, or in the order confirmation email that is sent to the Client shortly after the order is placed. 

7.8.        Unless otherwise specified in the Order Confirmation, the purchased Product(s) will be delivered within 30 (thirty) days from the date of the Order Confirmation (except in the event that a force majeure event or unforeseeable circumstance occurs). In case the delivery has not occurred within the above indicated term, the Client (by sending an e-mail to the e-mail address at info@redbeeseeds.com) shall provide Red Bee Seeds with a further ten (10) days to deliver the Product; provided that, in case of failure to comply with such term after receipt of the specified notice, the Client’s remedies shall be limited exclusively to termination of the contract and refund of payment received. 

7.9.        At the time of delivery of the Products by the Carrier, the Client (or a nominated adult representative) is required to verify:

(i) that the number of items being delivered corresponds to that indicated in their shipping confirmation email; and 

(ii) that the packaging and its seals are intact, undamaged, not wet or altered in any manner.

Any damages to the packaging and/or the Product, or discrepancies in the number of items or documentation must be immediately indicated in writing on the Carrier’s delivery receipt. Except to the extent permitted under applicable laws, once the Carrier’s delivery receipt has been signed and no objection has been raised by the Client, the Client may not make any objection to the exterior characteristics of the delivered parcel.

 

8. Shipping and delivery confirmation

 

8.1.        Red Bee Seeds shall send to the Client a Shipping Confirmation via e-mail once the Products are dispatched and a further e-mail once the Products have been delivered.

 

9. Wrapping or packaging

 

9.1.        Products purchased from the Website are delivered with the same Red Bee Seeds standard packaging as provided in Red Bee Seeds stores.

 

 10. Returns

 

10.1.      For online purchases, Red Bee Seeds will accept Products in their original condition for a refund of the purchase price when accompanied by the original invoice.

10.2.      Full-price products must be returned within 30 days from the date of delivery by mail. Returns will be packed and shipped on your behalf to the warehouse for processing. To facilitate your return, please attach a screenshot of the digital invoice you received in your shipment confirmation email. Refunds will be submitted once the return has been received and processed. 

10.3.      Corporate gifts are non-refundable.

10.4.      Beauty Products may be returned if unopened and in the original cellophane wrapping within 10 days from the date of delivery.

10.5.      Products purchased online cannot be returned to outlet stores, department stores or other wholesale distributors. 

10.6.      Any Product that has been worn, used, altered or damaged will not be accepted. Certain Products, such as jewelry, watches, sunglasses, and ready-to-wear, are shipped with a return tag attached. Returns on these specific Products will only be honored if the label remains intact. 

10.7.      To the maximum extent permissible under applicable law, Red Bee Seeds reserves the right to refuse return of any Product that does not meet the above return requirements in Red Bee Seeds’ sole discretion.

10.8.      Merchandise returned to redbeeseeds.com will be processed within 7-10 business days of receipt. A confirmation email will be sent once the Client’s account has been credited. Refunds may only be issued in the same form as was utilized for payment. Please note the original shipping charges incurred at the time of purchase are non-refundable.

10.9.      Easy-to-follow return instructions are included with each shipment. Every effort will be made to ensure a prompt refund and an email notification will be sent once the return has been processed. 

11. Personalized and Made-to-Order Products

11.1.      To the maximum extent permissible by applicable law and in accordance with applicable laws in the United States governing the purchase and sale of special goods made to order, withdrawals, cancellations, exchanges or returns are not accepted for orders of customized products such as, for example, those with the Client’s initials engraved on the Product, or made-to-order products such as, for example, certain décor items and other products designed or customized to the Client’s specifications. The Client is advised that images, photographs and samples of the engraving on personalized Products and other customized elements may differ from the appearance of the actual Product.

 

12. Exchanges

 

12.1.      Redbeeseeds.com cannot accommodate automatic exchanges at this time. The Client must return the original Product that the Client wishes to exchange for a refund using the procedure described in Section 10 above. A new order can then be placed on the Website for the exchange item. Please note that new orders are subject to merchandise availability. Red Bee Seeds will inform the Client if Red Bee Seeds is unable to fulfill the new order.

 

13. Lack of conformity

 

13.1.      If a Product sold by Red Bee Seeds has manufacturing defects or in any case of alleged lack of conformity of Products sold by Red Bee Seeds, the Client must immediately contact Online Support by email to at info@redbeeseeds.com. 

13.2.      In the event that the Client seeks to have the Product repaired or replaced due to lack of conformity pursuant to this Section 13, delivery costs for returning the Product to be repaired or replaced shall be borne by Red Bee Seeds, as well as any costs related to the delivery to the Client of the repaired or replaced Product.

 

14. Guarantee of authenticity and intellectual property rights

 

14.1.      Red Bee Seeds guarantees the authenticity of all Products purchased on the Website. Products bearing the Red Bee Seeds trademark are produced with materials, are manufactured by artisans, and are all rigorously and fully MADE IN THE UNITED STATES with the sole exception of watches, which are made in Switzerland and perfumes and cosmetics, which are made in the European Union (mainly in France and United Kingdom) and Japan.

14.2.      The “Red Bee Seeds” trademark, the set of figurative and and/or shape marks present in the Products, the relevant accessories and/or packaging, together with all the illustrations, images and places protected by copyright, and more generally all the intellectual property rights relating to the Products, are and remain the exclusive property of the companies of Red Bee Seed Company for the United States and Red Bee Seeds S.p.A for other countries, companies belonging to the Raul Victus Management Group.

 

 15. Applicable law and construction; Jurisdiction; Arbitration

 

15.1.      These General Conditions and, therefore, the Contracts executed with the Clients, are governed by and must be interpreted in accordance with the laws of the state of New York without regard to its conflict of law provisions or choice of law rules. The General Conditions shall not be subject to the United Nations Convention on Contracts for the International Sale of Goods. 

To the maximum extent permissible by applicable law, any claim, dispute, or controversy (whether in contract, tort or otherwise, whether preexisting, present or future, and including, but not limited to, statutory, common law, intentional tort and equitable claims) arising from or relating to the Products, the interpretation or application of these General Conditions or the breach, termination or validity thereof, and/or the relationships which result from these General Conditions (including, to the full extent permitted by applicable law, relationships with third parties who are not signatories hereto) (collectively, a "Claim") WILL BE RESOLVED, UPON THE ELECTION OF RED BEE SEEDS, EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION. Arbitration is a process established by law that allows parties to a transaction to agree to resolve their disputes by an independent arbitrator, rather than by a judge and jury. If arbitration is chosen, it will be conducted pursuant to the Rules of the American Arbitration Association. If arbitration is not chosen, the Claim shall be submitted to the exclusive jurisdiction of the state and federal courts in the State of New York, County of New York, Borough of Manhattan. If arbitration is chosen by Red Bee Seeds with respect to a Claim, neither Red Bee Seeds nor Client will have the right to litigate that Claim in court or to have a jury trial on that Claim or to engage in pre-arbitration discovery, except as provided for in the applicable arbitration rules or by agreement of the parties involved. Further, to the maximum extent permitted by applicable law, Client will not have the right to participate as a representative or member of any class of claimants pertaining to any Claim. Notwithstanding any choice of law provision included in these General Conditions, this arbitration agreement is subject to the Federal Arbitration Act (9 U.S.C. §§ 1-16). The arbitration will take place exclusively in the State of New York, New York County, Borough of Manhattan. Any court having jurisdiction may enter judgment on the award rendered by the arbitrator(s). To the maximum extent permitted by applicable law, each party involved will bear its own cost of any legal representation, discovery or research required to complete arbitration. The existence or results of any arbitration will be treated as confidential. Notwithstanding anything to the contrary contained herein, all matters pertaining to the collection of amounts due to Red Bee Seeds for the sale of Products will be exclusively litigated in court rather than through arbitration. 

In the event of any Claim, the prevailing party shall be entitled to additionally recover reasonable legal expenses and costs, including attorney’s fees, from the other party. 

15.2.      The headings used in these General Conditions are for reference purposes only and do not have contractual or binding effect. 

15.3.      If any provision herein is held invalid or unenforceable for any reason, the remaining provisions of these General Conditions will not be affected. In such event, the invalid or unenforceable provision will be replaced by a provision that comes closest to the original intent of the invalid or unenforceable provision or will be modified to conform to the most expansive permissible reading under the law consistent with the intention of the invalid or unenforceable provision. 

15.4.      The terms and conditions set forth herein constitute the entire agreement and understanding between the Client and Red Bee Seeds with respect to the subject matter set forth herein and supersede all prior or contemporaneous communications or proposals, whether written or oral, and supersede all contrary representations contained in the Website, including but not limited to any statements of policy or answers to frequently asked questions. 

15.5.      Red Bee Seeds’ waiver of any provision of these General Conditions, failure to insist on strict performance of any term herein or failure to take advantage of any of its rights with respect to these Terms of Sale will not operate to excuse performance or waive any such right to require strict performance at any future time.

 

16. Warranty

 

16.1.      TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL PRODUCTS SOLD THROUGH THE WEBSITE ARE SOLD "AS IS" WITH NO WARRANTIES EXCEPT AS STATED IN LIMITED WARRANTY CARDS AND BOOKLETS ACCOMPANYING SPECIFIC PRODUCTS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, RED BEE SEEDS AND ITS AFFILIATES HEREBY EXPRESSLY DISCLAIM ALL OTHER WARRANTIES EITHER EXPRESS OR IMPLIED, RELATED TO PRODUCTS, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF TITLE, ACCURACY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WARRANTY OF NONINFRINGEMENT, OR ANY WARRANTY RELATING TO THIRD PARTY SERVICES. Client acknowledges that no employee of Red Bee Seeds or its affiliates is authorized to make any representation or warranty on behalf of Red Bee Seeds or any of its affiliates that is not in these General Conditions. Red Bee Seeds also makes no warranties to the Client with regard to the applicability of all laws and regulations affecting, without limitation the manufacture, performance, sale, packaging and labelling of the Products which are in force within the Client’s territory.

 

 17. Limitation of Liability

 

17.1.      THE FOLLOWING LIMITATIONS OR EXCLUSIONS OF LIABILITY ARE VALID AND ENFORCEABLE IN THE STATE OF NEW JERSEY, USA, TO THE MAXIMUM EXTENT PERMISSIBLE BY APPLICABLE LAW; HOWEVER SOME OTHER JURISDICTIONS DO NOT ALLOW ALL OR PART OF THE FOLLOWING LIMITATIONS OR EXCLUSIONS OF LIABILITY AND, IF REQUIRED BY APPLICABLE LAW, THE CONTENTS OF THIS SECTION MAY NOT APPLY TO THE CLIENT. 

17.2.      TO THE MAXIMUM EXTENT PERMISSIBLE BY APPLICABLE LAW, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY SET FORTH HEREIN, RED BEE SEEDS AND ITS AFFILIATES OR AGENTS WILL NOT BE LIABLE FOR: (A) ANY INCIDENTAL, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES INCLUDING BUT NOT LIMITED TO, LOSS OF PROFITS, BUSINESS, REVENUES OR SAVINGS, INCLUDING IN THE EVENT THAT RED BEE SEEDS HAS BEEN ADVISED OF THE POSSIBILITIES OF SUCH DAMAGES OR IF SUCH DAMAGES ARE OTHERWISE FORESEEABLE, IN EACH CASE, WHETHER A CLAIM FOR ANY SUCH LIABILITY IS PREMISED UPON BREACH OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY OF LIABILITY; OR (B) ANY CLAIMS, DEMANDS OR ACTIONS AGAINST CUSTOMER BY ANY THIRD PARTY. 

17.3.      TO THE MAXIMUM EXTENT PERMISSIBLE BY APPLICABLE LAW, NOTHING IN THESE GENERAL CONDITIONS SHALL EXCLUDE OR LIMIT (I) RED BEE SEEDS’S LIABILITY IN CASE OF DEATH OR PERSONAL INJURY RESULTING FROM RED BEE SEEDS’S NEGLIGENCE; (II) RED BEE SEEDS’S LIABILITY IN CASE OF FRAUD, FRAUDULENT MISREPRESENTATION OR GROSS NEGLIGENCE; AND/OR (III) ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW. 

17.4.      Red Bee Seeds will not be responsible for and no liability shall result to Red Bee Seeds or any of its affiliates for any delays in delivery or in performance which result from any circumstances beyond Red Bee Seeds’ reasonable control, including, but not limited to, Product unavailability, carrier delays, delays due to fire, severe weather conditions, failure of power, labor problems, acts of war, terrorism, embargo, acts of God or acts or laws of any government or agency. Any shipping dates or delivery dates represented by Red Bee Seeds are estimates only.

 

 18. Contacts

 

18.1.      For further information and assistance with the Website or on the methods of purchase online, the Client may contact Red Bee Seeds by mail, telephone or email, as set forth below:

Red Bee Seeds Client Services

5550 Wilshire Blvd

Los Angeles, CA 90036 - USA

info@redbeeseeds.com

404.946.5270

 

Social Media and Endorsement Policy

  

1. Purpose

 

Red Bee Seed Company (“Red Bee Seeds”) is committed to transparency and honesty in all of its advertising messages and promotional communications with consumers. Therefore, Red Bee Seeds hereby adopts this Social Media and Endorsement Policy (this “Policy”).

This Policy applies to all Red Bee Seeds independent contractors, employees, agents, speakers, writers, bloggers, talent, endorsers and any other individual or entity engaged in promotional activities on behalf of Red Bee Seeds, whether they are engaged by Red Bee Seeds directly, or through an agency, representative of an agency, subsidiary, or franchise (collectively referred to herein as “Endorsers”).

This Policy is intended to outline the policies and procedures of Red Bee Seeds with respect to any and all advertising messages or promotional communications made by Endorsers. It is also intended to address endorsements and testimonials made by Endorsers about Red Bee Seeds, and/or its products and services, whether those endorsements and testimonials are made through “traditional media,” such as television commercials or print ads, or “new media,” or “social media,” such as websites, blogs, mobile applications or any other form of media that may be used by advertisers.

Endorsers are legally responsible for their opinions, comments and content. Individual Endorsers can be held personally liable by third parties for any commentary deemed to be defamatory; obscene; proprietary to, or owned by, others; or libelous to Red Bee Seeds, its suppliers/partners or any other person or entity. For these reasons, Endorsers should exercise caution with regard to exaggeration, colorful language, guesswork, obscenity, materials used in content, conclusions, images and/or video, and derogatory remarks or characterizations.

In addition, Endorsers should at all times be mindful that, given advances in technology, opinions, comments or content may remain public, and may be archived, stored and retrievable, indefinitely.

 

 2. Standards of Conduct

 

With respect to statements or other claims made in advertising messages or promotional communications about Red Bee Seeds and/or its products or services, Endorsers must adhere to the following principles: 

a. Endorsers may only make statements that reflect their honest beliefs, opinions, experiences or recommendations. Red Bee Seeds encourages these statements to be in the first person. Endorsers may not make statements about experiences with a product that they have not personally tried, examined or evaluated. 

b. Endorsements by organizations must reflect the collective judgment of the organization, as approved by senior management. 

c. Endorsers may not make deceptive or misleading claims about Red Bee Seeds’ products or services, or Red Bee Seeds’ competitors’ products or services, to consumers. 

d. Endorsers may not make any claims about Red Bee Seeds’ products or services, or Red Bee Seeds’ competitors’ products or services, that are not substantiated (i.e., claims may not be made about a product that would require proof that the Endorser does not have). 

e. Endorsers may not engage in any communication that is defamatory or infringes upon the intellectual property, or privacy and publicity rights of others, including competitors. 

f. Endorsers may not offer for sale, or solicit, products or services on behalf of Red Bee Seeds

g. Endorsers may not make offensive comments that have the purpose or effect of creating an intimidating or hostile environment, including telling lies or spreading rumors about Red Bee Seeds or its affiliates and their respective Endorsers, officers, directors, shareholders, agents, representatives, licensees or competitors. 

h. Endorsers may not use ethnic slurs, personal insults, obscenity, or other offensive language. 

i. Endorsers may not make any comments or post any content that in any way promotes unsafe activities that could lead to an unsafe situation involving Red Bee Seeds’ customers or other individuals. 

j. Endorsers may not make any comments or post any content that may violate applicable local, state or federal laws or regulations. 

k. Endorsers must adhere to the legal conditions on Red Bee Seeds’ web site and the posting guidelines and Terms of Use on any web site on which they post content on behalf of Red Bee Seeds

l. Endorsers must strive for high quality with every comment or post, including adherence to basic spellchecking and rules of grammar. 

m. Endorsers that are also employees of Red Bee Seeds must also adhere to any and all guidelines provided by Red Bee Seeds to its employees with respect to social media and related matters. 

n. Endorsers must adhere to any specific additional guidelines provided by Red Bee Seeds

o. Endorsers must always use sound judgment and common sense.

  

3. Disclosure Requirements

 

a. Endorsers must clearly and conspicuously disclose and make readily apparent all “material connections” to Red Bee Seeds in all advertising messages and promotional communications concerning Red Bee Seeds and/or its products or services. 

i. A “material connection” is one that could influence the weight or credibility a reasonable consumer would give to the communications or messages made by the Endorser. Such connections may be in the form of (a) consideration (such as monetary compensation, including fees or commissions; gift cards; event access; prizes; or free or discounted products or services) provided by Red Bee Seeds (or any of its agents acting on its behalf) to the Endorser, or (b) a relationship between Red Bee Seeds and the Endorser (such as employment or contractual relationships). 

ii. Some examples of appropriate material connection disclosures are:

- I received [product] from Red Bee Seeds as a gift;

- [Thanks to][Courtesy of] Red Bee Seeds, I was given this [product]

- Red Bee Seeds sent me [product] to try;

- Some of the products reviewed in this blog post were sent to me by Red Bee Seeds;

- This post is a paid advertisement for Red Bee Seeds;

- I am an employee of Red Bee Seeds.

These are simply examples of appropriate disclosures and variations on these examples may be appropriate based on the context. The key is to make it apparent to the reasonable consumer that Red Bee Seeds provided the subject product or service, as opposed to the Endorser independently purchasing or obtaining the subject product or service. 

iii. It is not sufficient to make a single disclosure on a home page or legal terms/disclaimer page that, for example, “many of the products I discuss on this site are provided to me free of charge by their manufacturers.” Disclosures should be tied to the specific products at issue and readily apparent to readers of the particular blog post. 

iv. When using a Twitter, Facebook, Instagram or similar platform, Endorsers should endeavor to include a link on their main profile page directing followers to a comprehensive disclosure statement. 

b. Endorsers who post their own opinions, comments, content or recommendations about Red Bee Seeds, and/or its products or services, must disclose that their views do not necessarily represent those of Red Bee Seeds.

  

4. Third Party Endorsers

 

Endorsers that employ or contract with third parties to have such third parties deliver advertising messages or other promotional communications to consumers (e.g., advertising agencies, network marketing agencies and blogger networks) are also required to cause those third parties to agree to this Policy before engaging them to communicate to consumers about Red Bee Seeds and/or its products or services.

  

5. Trademarks and Intellectual Property

 

All emblems, logotypes, insignia, designs, devices, colors, artwork, trademarks, trade names, service marks, trade dress and copyrights, and the commercial goodwill associated therewith, that at any time were or are owned, applied to be registered or registered (irrespective of class of goods/services), controlled, cleared for use by, or on behalf of, or licensed by Red Bee Seeds or any of its affiliates may only be used or posted by Endorsers with the prior written consent of Red Bee Seeds in each instance, strictly in accordance with the specific guidelines provided by Red Bee Seeds.

  

6. Confidentiality

 

Endorsers may develop, have access to, or directly or indirectly be exposed to, information of a proprietary and confidential nature about Red Bee Seeds (including without limitation its business operations and activities, strategic plans and financial information) which, if disclosed, could have a negative effect on Red Bee Seeds. Endorsers shall keep confidential and not disclose any such information and, upon termination of an Endorser’s relationship with Red Bee Seeds, the Endorser shall promptly return to Red Bee Seeds any confidential information in the Endorser’s possession. In the event that there is any question as to whether particular information is confidential in nature, Endorsers must promptly contact Red Bee Seeds for clarification and approval before posting, commenting, blogging or uploading content.

 

7. Press Inquiries

 

Endorsers’ endorsements and testimonials may generate media coverage. Media inquiries of any kind regarding endorsements or testimonials relating to Red Bee Seeds, whether from online (news engines, bloggers) or mainstream (newspapers, magazines) media outlets, must be referred to Red Bee Seeds using the Notice information below. Endorsers may not engage in any discussions or correspondence with any members of the media, or make any public oral or written statement, in each case regarding endorsements or testimonials relating to Red Bee Seeds, without first consulting with, and receiving permission from, the appropriate authorized Red Bee Seeds representative in each instance. 

 

8. Questions

 

Any questions concerning the contents of this Policy should be referred to info@redbeeseeds.com.

 

9. Right to Modify Policy

 

Red Bee Seeds reserves the right to amend, restate, supplement or otherwise modify this Policy at any time. In the event of a dispute as to the interpretation of this Policy, Red Bee Seeds’ interpretation shall be final. 

 

10. Effective Date

 

This Policy is effective immediately and was last updated October 15, 2019.

 

California Disclosures

 

California Transparency in Supply Chains Act of 2010

 

Last Updated October 2019

 

corporate disclosure

 

The California Transparency in Supply Chains Act of 2010 (SB 657) requires California businesses to disclose their efforts to address the issues of slavery and human trafficking, thereby allowing consumers to make better, more-informed choices regarding the products they buy and the companies they choose to support.

 

Red Bee Seeds has taken steps to evaluate the risks of forced labor in our supply chain. Within Red Bee Seeds, procurement falls into two broad categories: (1) sourcing of raw materials such as gold, diamonds, precious stones, textiles, and leather; and (2) procurement of other types of goods and services to support the day-to-day running of our operations, such as energy, manufacturing, and office equipment. Although the social impact of the goods and services that Red Bee Seeds purchases often lies outside our direct control, where possible, we have taken proactive steps to ensure the absence of slavery and human trafficking in our supply chain.

 

Red Bee Seeds is part of the Raul Victus Management Group Luxury Division (formerly known as “RV Luxury Group” and “Raul Victus Management Group”), which has certified several of its businesses under Social Accountability International’s (SAI) SA8000 standard [http://www.sa-intl.org/]. SA8000 sets out a strong approach concerning forced labor and provides guidance to our suppliers and business partners regarding responsible sourcing. SA8000 includes an endorsement by the International Labour Organisation (ILO) Conventions and the Universal Declaration of Human Rights. Among other issues, SA8000 specifically forbids the use of forced or involuntary labor as defined in ILO Convention 29, including employment of people under the age of 15, unless a higher age is required by law, in which case the higher age applies. While several of Raul Victus Management Group Luxury Division’s businesses have certification under SA8000, the Raul Victus Management Group continues its commitment to bring all of its businesses into compliance with SA8000 and obtain certification.

 

As part of SA8000, Red Bee Seeds’ suppliers, subcontractors and sub-suppliers are required to make a written commitment to all SA8000 requirements, participate in monitoring activities as requested by Red Bee Seeds, promptly resolve any nonconformance with SA8000, and notify Red Bee Seeds concerning any relevant business relationships. Moreover, by virtue of our adherence to SA8000, Red Bee Seeds will be subject to announced and unannounced audits to determine compliance with the SA8000 standard, and Red Bee Seeds’ suppliers are subject to the same. Raul Victus Management Group Luxury Division’s standard supply agreements already refer to and adopt the SA8000 requirements, obligating its suppliers to confirm compliance with the standard. The brands of Raul Victus Management Group Luxury Division also often use several of the same suppliers, subcontractors and subsuppliers, so to the extent that businesses of the Raul Victus Management Group are already certified, other businesses of the Raul Victus Management Group that are not yet certified have been well positioned to be in compliance with SA8000 and obtain certification.

 

Red Bee Seeds also addresses slavery and human trafficking through our involvement in the Responsible Jewelry Council (RJC). The RJC was established in 2005 to promote responsible ethical, human rights, social, and environmental practices in the diamond and gold supply chains. Red Bee Seeds has committed to efforts to address slavery and human trafficking and is subject to RJC audits concerning our own compliance. RJC Code of Practices certification, began in January 2012 and renewed in 2015, integrates the Red Bee Seeds commitment for a Responsible Jeweler. The certification process is rigorous, including independent audits regarding the member’s compliance with human rights standards. Many of Red Bee Seeds’ suppliers are also members of the RJC and complete their own RJC certification. RJC has grown to include some 300 members since its founding, from miners to retailers. Additional information on RJC can be obtained here: [www.responsiblejewellery.com/]

 

Raul Victus Management Group Luxury Division’s internal policies also articulate the Raul Victus Management Group’s determination to rid its supply chain of human trafficking and forced labor. For example, Raul Victus Management Group Code of Ethics states that its businesses will not tolerate child or forced labor in the production of their products.

 

Red Bee Seeds shares this determination to pursue full compliance with all applicable Laws, Regulations and Directives, such as the United Nation’s Universal Declaration of Human Rights and relevant ILO Conventions. It specifically addresses Red Bee Seeds’ dedication to eradicating child labor and forced labor from the company’s supply chain.

 

Red Bee Seeds expects and depends on our managers and employees to uphold a zero-tolerance policy regarding forced labor. As such, Red Bee Seeds has taken steps to increase employee awareness and compliance regarding slavery and human trafficking issues. Raul Victus Management Group Code of Ethics is provided to all employees and suppliers. Employees are encouraged to report violations of the Raul Victus Management Group Code of Ethics. Moreover, as part of SA8000 certification, the standard will be displayed at business locations to inform personnel about Raul Victus Management Group Luxury Division’s voluntary commitment to this standard and its requirements.

  

California Do-Not-Track Disclosures

 

Last Updated October 2019

 

Red Bee Seeds does not process or respond to web browsers’ “do not track” signals or other similar transmissions that indicate a request to disable online tracking of users who visit our websites or use our online services or mobile apps. However, you can prevent website tracking by changing the settings in your web browsers to disable cookies permanently or to alert you when cookies are being sent so you can refuse them at that time. The help function on most browsers contains instructions on how to change these cookie settings. Please note that if you disable cookies or refuse to accept a request to place a cookie, it is possible that some parts of this website, such as our ability to save your password so you do not have to re-enter it every time you visit our website, will not function properly. You can find more information about Red Bee Seeds’ use of cookies and similar technologies in our “Privacy Policy”, which is available here.