Terms and Conditions
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 Decker Apiaries LLC. 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 Any of the material on the website may be out of date at any given time and we are under no obligation to update such material.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
Decker Apiaries LLC is the sole owner of all images and information contained within this website. Any duplication and use thereof is prohibited without prior consent from Decker Apiaries LLC.
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 Decker Apiaries LLC, 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 may 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 Decker Apiaries LLC. 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.
Indemnification
The buyer agrees to indemnify, defend, and hold harmless, Decker Apiaries LLC, 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 the buyer, its agents, employees or customers to follow specifications, instructions, warnings or recommendations furnished by Decker Apiaries LLC, (b) failure of the 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 the buyer, its agents, employees or customers including use of goods with any substance that causes injury to person or property, (d) misrepresentation by the buyer, its agents, employees or customers, (e) the sole or contributing negligence of the buyer, its agents, employees or customers, or (f) alleged infringement of any patent, trademark or copyright as a result of Decker Apiaries LLC's performance in accordance with the 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 Decker Apiaries LLC’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 Decker Apiaries LLC except for claims directly resulting from Decker Apiaries LLC's gross negligence; (h) any violation of these Terms and Conditions or any activity related to the buyer’s account (including negligent or wrongful conduct) by the buyer or any other person accessing the website using the 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. the buyer hereby waives and releases Decker Apiaries LLC 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 Decker Apiaries LLC and the buyer agrees that it is not relying on Decker Apiaries LLC in making such determination even if Decker Apiaries LLC provided assistance, guidance or design. The buyer should not rely on Decker Apiaries LLC in making such determination. The buyer assumes full responsibility for any particular use or purpose. The buyer should not order or use any goods or services unless it is satisfied that the goods and services are suitable for the buyer's use. The buyer agrees to store and use all goods and services in a safe manner and in compliance with all applicable laws. Decker Apiaries LLC cautions the buyer and the buyer acknowledges being advised, that not all products are compatible with the containers and other goods sold on this website and the 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. The buyer agrees to comply with all local, state and federal laws governing the use or resale of goods sold by Decker Apiaries LLC.
Force Majeure
Decker Apiaries LLC 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 the 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 Decker Apiaries LLC’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, Decker Apiaries LLC may, with notice to the buyer, at any time and from time to time without further liability to the 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 Decker Apiaries LLC deems reasonable. Cancellation of any part of this contract shall not affect Decker Apiaries LLC’s right to payment for performance of any other part hereof.
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 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.
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 when the item is back in 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.
Late/Delayed Shipments Or Expedited Orders
Decker Apiaries LLC does our best to get all in stock orders shipped out in a 1-3 business day timeframe. 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 their shipment. If your package is not progressing, please contact the shipping carrier with your tracking number to get updates. Decker Apiaries LLC 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.
Damage or theft during shipping or after delivery
All orders that get placed with Decker Apiaries LLC 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 Decker Apiaries LLC signs off on the merchandise and marks the order as complete (shipped). Decker Apiaries LLC is not responsible for any damage to any product once shipped. Decker Apiaries LLC is not responsible for theft during shipping or once delivered. We will not replace or refund orders under these conditions. Decker Apiaries LLC encourages the customer to contact the shipping company and submit a claim.
Address issue returns
The customer is responsible to pay additional shipping costs for any shipment returned due to address issues. Decker Apiaries LLC will not be responsible for covering the cost of returned shipments due to address issues.
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 regardless from which state you come. 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.
Payments Through Website
We accept Visa, MasterCard, Discover, American Express, Apple Pay, Google Pay and Paypal. Your order will ship as soon as we receive your payment unless there is an item on back order.
Credit Card Payments
Decker Apiaries LLC 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. Decker Apiaries LLC 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 the payment method used or credited to your account on the website.
Order Discrepancies
Check all orders immediately upon receipt and contact us within 5 business days on any discrepancies/damage. Any issue filed with Decker Apiaries LLC after the 5 business days may not be covered and Decker Apiaries LLC has the final say on a case by case basis.
Cancellations
Please call as soon as possible to cancel a merchandise order. 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 still be charged all shipping costs, both outbound and inbound.
Classes and Experiences (events) cannot be canceled within two weeks of the scheduled event date. We are happy to change the date of your event up to two weeks of your scheduled date. No refunds or exchanges will be given for events cancelled within two weeks of the event. If you cancel more than two weeks from the event you will receive a refund for the amount you paid less any credit card fees incurred. Decker Apiaries LLC reserves the right to cancel any event that fails to attract sufficient enrollment, for instructor illness, or inclement weather. We will contact you by email or telephone and issue a full refund or you may request to be transferred to another event of your choice (depending on availability). If you miss a class due to weather-related concerns or personal reasons, our standard cancellation policy applies.
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. 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.
Items must be returned in brand new condition. Decker Apiaries LLC absolutely CAN NOT accept any return or exchange that is in new condition. New condition is defined as not worn, washed or used in any way. Original packaging should be returned with the item.
Returns or exchanges must be initiated within seven (7) days of receipt. After seven (7) days it is at the discretion of Decker Apiaries LLC.
Decker Apiaries LLC 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.
Honey and hive products are nonreturnable due to the nature of the product.
Replacing Incorrect Merchandise
Decker Apiaries LLC 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 seven (7) business days of any discrepancies.
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 seven (7) days of receipt. Items must be in new condition, as described above. Any items returned for exchange will not be refunded and the customer with pay for both items.
Decker Apiaries LLC 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 Decker Apiaries LLC. 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.
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 Decker Apiaries LLC, 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 Decker Apiaries LLC 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 Decker Apiaries LLC 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 website, or any materials, products or services on the website, or with any of the website's Terms and Conditions, your sole and exclusive remedy is to immediately discontinue using the site.
This website is operated by:
Decker Apiaries LLC