Terms and Service

Terms and Conditions of BeeFit Beekeeping

Please read the Terms and Conditions carefully before you start to use the website. By using the website, you accept and agree to be bound and abide by these Terms and Conditions. All information we collect on this website is subject to our Privacy Policy. By using this website, you represent and warrant that you are of legal age to form a binding contract with BeeFit Beekeeping. If you are agreeing to these Terms and Conditions on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these terms and conditions.

Changes to the Terms and Conditions and the website

We may revise and update these Terms and Conditions from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the website thereafter. Your continued use of the website following the posting of revised Terms and Conditions means that you accept and agree to the changes. Customers should review this page from time to time to be aware of any changes.

We may update the content on this website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the website may be out of date at any given time, and we are under no obligation to update such material.

Pricing

We do our best to keep the pricing listed on our website current. We reserve the right to change prices, if it becomes necessary. Prices will fluctuate up or down based on the prevailing market conditions for each type of raw material. Quoted prices do not include the exact tax amount. All such taxes will be added to your merchandise total, and will be itemized in your invoice. We reserve the right to update prices due to errors, with or without notice to you. Please feel free to confirm pricing with us when placing your order.

Typographical Errors

All efforts are made to have accurate pricing and product specifications. In the event that a price or product specification is listed incorrectly, we reserve the right to refuse or cancel any orders placed for the product at the incorrect price.

Protected Content & Images

BeeFit Beekeeping is the sole owner of all images and information contained within this website. Any duplication and use thereof is prohibited without prior consent from BeeFit Beekeeping. 

All product images are for illustrative purposes only. The actual product you receive may vary. Please refer to the product description for specific details of the product.

The website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by BeeFit Beekeeping, and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, re-post, download, store, or transmit any of the images, content or other material on our website except that you may print or download one copy of a reasonable number of pages of the website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.

You must not: 

• Modify copies of any materials from this website;
• Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this website.

If you are in breach of these Terms and Conditions, your right to use the website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the website or any content on the website is transferred to you, and all rights not expressly granted are reserved by BeeFit Beekeeping. Any use of the website not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark, and other laws.

Orders

Customer orders are shipped in the order in which they are received, with the exception of orders containing back ordered products. We strive to ship all orders in a timely manner, but due to seasonal fluctuation, shipping times may vary. Customers are welcome to participate in local pick up, and you may pay here with cash, check or credit card; however, please be aware that sometimes we have certain items on back order, so we may not have everything you need in stock. You can give us a call or send us an email ahead of time to have your items ready to be picked up.

Shipping Carrier Late/Delayed Shipments Or Expedited Orders

BeeFit Beekeeping does our best to get all in stock orders shipped out in a 1 - 3 business day time frame. We are not responsible for delays in delivery by shipping companies. Due to the high volume of orders that we ship out each day, we are not able to keep track of each shipment, so we therefore do not have any acknowledgement of a lost shipment. Once each order is shipped, our system emails tracking numbers, and it is the customer's responsibility to keep track of where their shipment is located at. If your package is not progressing, please contact the shipping carrier with your tracking number to get updates.

PLEASE NOTE IMPORTANT INFORMATION REGARDING EXPEDITED ORDERS! As of March 26, 2020, UPS has suspended their UPS Service Guarantee, meaning that there is a possibility of delay with any UPS shipment, including UPS Next Day, and if such a situation occurs, UPS will not refund any shipping charges. BeeFit Beekeeping will not be held liable for any shipping delay caused by a shipping carrier, and we are not able to refund or credit any shipping charges from the order.

We generally prefer to ship queen bees on a Monday or Tuesday to avoid any packages getting stuck with the carrier over the weekend. Any orders placed after Monday at noon will be shipped the following Monday/Tuesday.

Back Orders

Any order with items that are back ordered will be held and shipped all at once. Items can be shipped separately on your request; however, the items will be billed separately from the back ordered items and the customer will be responsible for paying the separate shipping for each order. If an item is on back order, customers will be notified as soon as possible by email. As soon as back ordered items come into stock, the order will receive top priority handling.

Special Orders

All special orders require pre-payment. Some special orders may be subject to a cancellation charge of 25% or greater.

State Sales Tax

We are required by law to collect state sales tax on all orders within the state of Michigan and certain other states, and on all pickups here at our facility, regardless of which state you are from. We will collect the current sales tax rate for your area unless we have a current (within 5 years of date) signed certificate on file for you. Please send us a current sales tax exempt form by email so we can update your account to tax exempt before placing your order.

Damaged Orders After Delivery

All orders that get placed with BeeFit Beekeeping are shipped "F.O.B. Shipping Point". This means that all merchandise becomes the property of the customer as soon as it is handed over to the shipping company, and BeeFit Beekeeping signs off on the merchandise and marks the order as complete (shipped). BeeFit Beekeeping is not responsible for animals or pets causing damage to any product at the time of delivery, or after delivery, regardless of where the item was placed when delivered. Also, BeeFit Beekeeping is not responsible for theft at the time of delivery or after, regardless of where the item was placed when delivered. We will not replace or refund orders under these conditions. (Please note, in cases of lost packages, we will help the customer file a claim with the shipping company, but in cases of theft, it is up to the customer to file a claim with their local police department). BeeFit Beekeeping is also not responsible for products that are damaged upon opening by the customer, the final decision is up to us regarding damage claims based upon photos and claims.

Additional Charges

For each Address Correction: $15.00

For each Acknowledgment of Delivery: $5.00

For each Call Tag Received: $10.00

Payments Through Website

We accept Visa, MasterCard, Discover, and American Express. For local pick up please make checks payable to BeeFit Beekeeping.

Your order will ship as soon as we receive your payment, unless there is an item on back order. All NSF checks will incur a $50 charge.

Pick Up Orders & Payments In Person

BeeFit Beekeeping accepts cash, check, and money order for in person pick ups.  

NSF Checks

All returned checks will incur a $50 service fee.

Credit Card Payments

BeeFit Beekeeping reserves the right to pre-authorize credit and/or debit cards. No money leaves your account until the purchase clears but the hold is active until the actual transaction is settled. When there’s a hold on your account, it lowers your available balance. BeeFit Beekeeping is not responsible for overdraft fees resulting from the pre-authorization of your card.

Over Payments

Over payments made on your account may be refunded to your payment method or credited to your account.

Order Discrepancies

Check all orders immediately upon receipt and contact us within 5 business days on any discrepancies/damage. Any issue filed with BeeFit Beekeeping after the 5 business days may not be covered, and BeeFit Beekeeping has the final say depending on a case by case basis. 

Indemnification

Buyer agrees to indemnify, defend, and hold harmless, BeeFit Beekeeping, its officers, directors, members, employees, parent, subsidiaries, divisions, affiliates, successors and assigns, from and against all claims, liabilities, judgments, awards, losses, expenses, damages and costs, including reasonable attorney’s fees, arising in whole or in part out of (a) failure of Buyer, its agents, employees or customers to follow specifications, instructions, warnings or recommendations furnished by BeeFit Beekeeping, (b) failure of Buyer, its agents, employees or customers to comply with all applicable laws and regulations, including, but not limited to any applicable Federal, state and local laws and regulations governing hazardous materials or safety, all as they may be amended or supplemented from time to time, (c) misuse of the goods by Buyer, its agents, employees or customers including use of goods with any substance that causes injury to person or property, (d) misrepresentation by Buyer, its agents, employees or customers, (e) the sole or contributing negligence of Buyer, its agents, employees or customers, or (f) alleged infringement of any patent, trademark or copyright as a result of BeeFit Beekeeping's performance in accordance with Buyer’s designs, plans, specifications or directions, (g) any and all lawsuits, liabilities, damages, injuries, claims, demands and expenses (including attorneys’ fees and legal expenses) of whatever kind and nature arising on account of the manufacture, use, storage, maintenance or repair of any of BeeFit Beekeeping’s goods regardless of by whomever manufactured, used, operated, maintained or stored and/or arising as a result of claims based upon strict liability imposed upon BeeFit Beekeeping except for claims directly resulting from BeeFit Beekeping's gross negligence; (h) any violation of these Terms and Conditions or any activity related to Buyer’s account (including negligent or wrongful conduct) by Buyer or any other person accessing the Website using Buyer’s Internet account; or (i) Your use of the Website, including, but not limited to, Your User Contributions, any use of the Website’s content, services, and products other than as expressly authorized in these Terms and Conditions or Your use of any information obtained from the Website. Buyer hereby waives and releases BeeFit Beekeeping from all rights of contribution or indemnity to which it may otherwise be entitled. Notwithstanding anything to the contrary herein, this Indemnification section will survive any expiration or termination of these Terms and Conditions.

Buyer Agreement

It is the sole responsibility of the Buyer to determine the suitability of any services and goods including all parts and components of the goods purchased from BeeFit Beekeeping, and Buyer agrees that it is not relying on BeeFit Beekeeping in making such determination even if BeeFit Beekeeping provided assistance, guidance or design. The Buyer should not rely on BeeFit Beekeeping in making such determination. Buyer assumes full responsibility for any particular use or purpose. Buyer should not order or use any goods or services unless it is satisfied that the goods and services are suitable for Buyer’s use. Buyer agrees to store and use all goods and services in a safe manner and in compliance with all applicable laws. BeeFit Beekeeping cautions Buyer, and Buyer acknowledges being advised, that not all products are compatible with the containers and other goods sold on this website and Buyer agrees not to use any goods with any abrasive, caustic, or acid solutions or any other substance, which may cause injury to persons or property. Buyer agrees to comply with all local, state and federal laws governing the use or resale of goods sold by BeeFit Beekeeping.

Force Majeure

Company shall not be liable for any delay or other failure of performance due to causes beyond its reasonable control, including without limitation acts of God, acts of Buyer, acts of military or civil authorities, fire or other casualty, strikes, lockouts, weather, epidemic, war, riot, delays in transportation or car shortages, inability to obtain necessary labor, materials, components, equipment, services, energy or utilities through Company’s usual and regular sources at usual and regular prices or failure or inability of the manufacturer of the goods to perform. In any such event, Company may, with notice to Buyer, at any time and from time to time without further liability to Buyer (a) postpone its performance, (b) make partial performance or cancel all or any portion of this contract or (c) allocate available quantities among its customers in any manner which Company deems reasonable. Cancellation of any part of this contract shall not affect Company’s right to payment for performance of any other part hereof.

Cancellations

Please call as soon as possible to cancel an order or items. We can not cancel any items once they have shipped, and the unwanted items will need to be treated as a return product once received by the customer. Any rejected shipments will be still be charged all shipping costs, both outbound and inbound.

Returns

We are more than happy to accept returns on most new products, but please note that we will refund shipping costs on defective or incorrect items ONLY. Please contact us before sending an item back to us for an exchange or refund. All products returned must be accompanied by a return authorization form. Please note: product images may vary somewhat from the product received. In most cases, the product received may vary in size, color, or placement of parts that make up the product.

The customer is responsible for paying return shipping costs on all returned products, as well as the shipping on any new item sent in exchange. All original shipping and return shipping costs for items returned for a refund ARE NOT refundable. In most cases, a restocking fee of 25% will be charged. Returns will be processed within 14 days of receiving the returned product. The customer is responsible to pay any cost differences for products exchanged.

1. Items must be returned in brand new condition.

• Most items not in brand new condition will be subject to a restocking fee of 30% or more, depending on the state of the item returned.
• BeeFit Beekeeping absolutely CAN NOT accept any return or exchange that is covered with pet hair. We can not restock any such product to ship to another customer, due to other customers that may have allergies to animal fur and dander. Any item returned to us containing animal hair will be returned to the customer at their expense or will be disposed of, and no refund or exchange will be given. Also, please do not launder the item to remove any pet hair, as laundering the item inappropriately can ruin the product, and also the dyes and detergents in the laundry soap can also trigger allergies with some customers. BeeFit Beekeeping has the final say on each product that can or can not be returned/exchanged due to animal fur.

2. Exchanges/returns must be made within 30 days of receipt.

3. BeeFit Beekeeping is not responsible for items being returned to us which are lost or damaged during shipment. Please keep a copy of your tracking information, and it is recommended you include shipping insurance when returning products to us.

Replacing Incorrect Merchandise

BeeFit Beekeeping does our best to send out the correct merchandise for all orders, but sometimes human error can occur. Please check all orders immediately upon receipt and contact us within 7 business days of any discrepancies.

When a situation arises where you receive an incorrect product as the result of our error, we will email you a prepaid shipping label for you to return the item back to us with, and as soon as we receive that item back in new condition, we will then ship the correct item to you at our cost. In the instance that the product is needed immediately by the customer, then BeeFit Beekeeping will include the return shipping label for the incorrect product inside the replacement package. These shipping labels will expire 30 days after they are issued. The full price of any items not returned within that 30 days will be charged to the credit card that was used on your original purchase, or we will place a hold on your account with us, and no more orders can be placed until the incorrect product is returned or paid for.

Non Returnable Merchandise

Due to the nature of some products, their use and the safety issues, the following product categories are non-returnable:

 

1. Honey - due to safety issues with food products, BeeFit Beekeeping will not accept any returns on honey.
2. All nucs or queen bees. Any exceptions will be made only at BeeFit Beekeeping's discretion.
3. All digital products or subscription purchases.

Exchanges

Please follow all instructions when sending back an item for exchange. The customer will be responsible for paying return shipping costs on all returned products, as well as the shipping on any new item we send out in exchange. All original shipping, return shipping and any exchange shipping costs ARE NOT refundable. The customer is responsible to pay any cost differences for products exchanged. Exchanges must be made within 30 days of receipt. Items must be in new condition, any item not in new condition will be subject to a 30% or more restocking fee, depending on the state of the item returned. This could affect any additional balance due on the item(s) you would like in exchange.

BeeFit Beekeeping is not responsible for items being returned to us which are lost or damaged during shipment. Please keep a copy of your tracking information, and it is recommended you include shipping insurance when returning products to us.

Liability

Any damage that happens to all items and products included on the website arising from alteration, abuse or use of product for other than its intended purpose CAN NOT AND WILL NOT be covered by BeeFit Beekeeping. Because conditions of use are beyond our control, we make no warranty or representation, express or implied, except that all products conform to the description provided by the manufacturer on sales literature or product labels. Our liability is limited to the purchase price paid.

Product Suitability 

Many states and localities have codes and regulations governing sales, construction, installation, and or use of products for certain purposes. While we attempt to assure that our products comply with such codes, we cannot guarantee compliance in every situation. We cannot be responsible for how the product is installed or used. Before you purchase and use a product, please review both the product application and local codes and regulations. Be sure that the product, its installation, and its use will comply with them.

Queen Honey Bees Terms & Conditions

When you order queen honey bees from BeeFit Beekeeping online, by phone, by email, in person, or by mail, you agree to the following policies, contract terms, conditions, limitations, and exceptions.

Queen replacement for queens DOA is always at the discretion of BeeFit Beekeeping and needs to be reported right upon arrival; please contact us with the details. If not reported at the time of arrival (either picked up from the post office, or time delivered by UPS) we are unable to replace or refund any queen bees. We adhere to time of arrival as noted on UPS or USPS tracking numbers. Acceptable methods of contacting us include phone and email. We can not guarantee the queens to be successfully introduced to your hive, or that they will be accepted by your hive. Many factors influence queen introduction success, particularly the specific methods and apicultural techniques you employ when introducing a queen. BeeFit Beekeeping is also not responsible for queens that fly away during the time of or following placement into the hive.

All cancelled queen orders can be subject to a 10% cancellation fee (unless refund is placed on the customer's account). You agree that BeeFit Beekeeping will not be responsible for queen survival in your hive, for the condition or productivity of your hive after introduction, or for dwindling brood production due to lost USPS, UPS or FedEx shipments. Queens and risk of their loss become the responsibility of the customer at the time of pick up from our location, pick up from the USPS, or delivery from UPS Express shipments. BeeFit Beekeeping is not responsible for queen shipments that do not get picked up from the post office on time. Tracking numbers are sent out on ALL queen shipments; it is up to the customer to make sure they check the tracking number, and if they think that the queens might be at their post office but they haven't heard from them, the customer needs to either call or go in to the post office to verify. BeeFit Beekeeping is not responsible for queen shipments that do not get picked up in time and get returned to sender from the post office; the customer is responsible for payment of queens, even if the queens are not picked up from the post office. 

If shipped by UPS, either by customer's choice or by purchasing 20 or more queens, it is the customer's responsibility to know our policy on shipping through UPS, and to be aware of when the queens are to be delivered to their residence in inhospitable temperature situations so they are able to receive the queens immediately upon arrival. If the ship to address provided to us at the time the order is placed is not a residential address, and UPS is not able to deliver to the address provided, any delay in delivery that causes harm to the queen(s) is not BeeFit Beekeeping's responsibility, the customer is totally responsible. We will not replace or refund any queens or shipping costs that are lost due to this issue.

Honey Bee Nucs Terms & Conditions 

Please note that honey bee nucs are available for customer pick up ONLY.

When you order honey bee nucs from BeeFit Beekeeping online, by phone, by email, in person, or by mail, you agree to the following policies, contract terms, conditions, limitations and exceptions.

A 10% cancellation fee can be applied to any cancellations after the order has been placed. Any nucleus colonies purchased on pre-order and provided a down payment to reserve their nucleus colony is nonrefundable. Each customer is responsible for picking up their bees at the time specified, or for making arrangements for an alternative pick up date and time. BeeFit Beekeeping will not give refunds to anyone who does not pick up their nucs, and we may offer your nuc(s) to the next person on the waiting list.

Nucs and the risk of loss of the bees and the queen inside become the responsibility of the customer at the time of pick up. BeeFit Beekeeping guarantees that all nucs will be healthy and full of bees upon customer pickup; however, because of different apicultural techniques we can not guarantee the survival or productivity of the hive that you may establish from the nuc. Furthermore, BeeFit Beekeeping does not guarantee the survival of whatever hive is established by your nuc through the winter months, no matter if the nuc was purchased in the early spring, summer, late summer or fall months. By placing the order with BeeFit Beekeeping, each customer agrees that they have read through these terms & conditions, and they will not attempt to hold BeeFit Beekeeping responsible for whatever may happen to your nuc after it has been picked up by the customer. BeeFit Beekeeping offers a highest quality guarantee on each honey bee nuc. If not completely satisfied with the nuc at the time of pick up, the customer does not have to accept the nuc, and they can have a complete refund of their purchase price. The customer must accept the nuc OR the complete refund; we can not allow anyone to have a complete refund AND keep the nuc(s). The highest quality guarantee ends when the customer leaves with the honeybee nuc(s); anything that happens with the bees after that time is totally the customer's responsibility.

There is potential risk of injury from activities involved in beekeeping, and while particular rules, equipment and personal care may reduce the risk, the risk of injury does exist; and YOU KNOWINGLY AND FREELY ASSUME ALL SUCH RISKS, both known and unknown, EVEN IF ARISING FROM NEGLIGENCE OF THE RELEASEES or others, and assume full responsibility for your participation; and, HEREBY RELEASE AND HOLD HARMLESS BEEFITBEEKEEPING, their officers, other participants, and if applicable, owner and lessors of the premises ("RELEASEES") used to conduct any event, WITH RESPECT TO ANY AND ALL INJURY, DISABILITY, DEATH, or loss or damage to person or property, TO THE FULLEST EXTENT OF THE LAW, WHETHER ARISING FROM THE NEGLIGENCE OF THE RELEASED OR OTHERWISE.

Exclusion of Liability

There is potential risk of injury from activities involved in beekeeping, and while particular rules, equipment and personal care may reduce the risk, the risk of injury does exist; and YOU KNOWINGLY AND FREELY ASSUME ALL SUCH RISKS, both known and unknown, EVEN IF ARISING FROM NEGLIGENCE OF THE RELEASEES or others, and assume full responsibility for your participation; and, HEREBY RELEASE AND HOLD HARMLESS BEEFIT BEEKEEPING, their officers, other participants, and if applicable, owner and lessors of the premises (“RELEASEES”) used to conduct any event, WITH RESPECT TO ANY AND ALL INJURY, DISABILITY, DEATH, or loss or damage to person or property, TO THE FULLEST EXTENT OF THE LAW, WHETHER ARISING FROM THE NEGLIGENCE OF THE RELEASED OR OTHERWISE.

Entire Agreement

The Terms and Conditions constitute the sole and entire agreement between You and BeeFit Beekeeping regarding the Website and purchases made at the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website. All provisions that expressly state they survive expiration or termination of these Terms and Conditions will so survive and remain in effect, and all other provisions that protect BeeFit Beekeeping or the Indemnified Parties (including, without limitation, disclaimers and reservations of rights), and all waivers, releases, assignments, rights and licenses granted by You or undertakings or obligations of Yours under these Terms and Conditions will survive the expiration or termination of these Terms and Conditions and remain in effect.

If you are dissatisfied with the Web Site, or any materials, products or services on the Web Site, or with any of the Web Site's Terms and Conditions, your sole and exclusive remedy is to immediately discontinue using the site.

This website is operated by:

BeeFit Beekeeping