GENERAL TERMS AND CONDITIONS
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OVERVIEW
This website is operated by Boho Shop. Throughout the site, the terms “we,” “us,” and “our” refer to Boho Shop. Boho Shop offers this site, including all information, tools, and services available from this site, to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.
By visiting our website and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms and Conditions,” “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms apply to all users of the site, including those users who are visitors, vendors, customers, merchants, and/or contributors.
Please read these Terms carefully before accessing or using our site. By accessing or using any part of the website, you agree to these Terms and Conditions. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms and Conditions are considered an offer, acceptance is expressly limited to these Terms and Conditions.
Any new features or tools added to the current store shall also be subject to the Terms and Conditions. You can review the most current version of the Terms and Conditions at any time on this page. We reserve the right to update, change or replace any part of these Terms and Conditions by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. Shopify provides us with the online e-commerce platform that allows us to sell our products and services to you.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms and Conditions, you represent that you are at least the age of majority in your country of residence, or that you are the age of majority in your country of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose, nor may you, in the use of the service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You may not transmit any worms or viruses or any code of a destructive nature.
Violation or breach of any of these terms will result in immediate termination of your services.
SECTION 2 - GENERAL TERMS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your information (excluding credit card information) may be transmitted unencrypted and may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transmission over networks.
You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without express written permission by us.
The headings used in this agreement are for convenience only and do not limit or otherwise affect these terms and conditions.
SECTION 3 - ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete, or current. The material on this website is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on this website is at your own risk.
This site may contain certain historical information. Historical information is not necessarily current and is provided for your reference only. We reserve the right to modify the content on this website at any time, but we are under no obligation to update any information on our website. You agree that it is your responsibility to monitor changes to our website.
SECTION 4 - CHANGES TO SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right to modify or discontinue the Service (or any part or content thereof) at any time without notice.
Shopify shall not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of the Service.
SECTION 5 - PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the website. These products or services may be limited in quantity and subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear in the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services we offer. All product descriptions or product prices are subject to change at any time without notice and at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this website is void where prohibited.
We do not guarantee that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the service will be corrected.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. If we modify or cancel an order, we will attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was placed. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.
You agree to provide current, complete, and accurate purchase and account information for all purchases made in our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more details, please see our Return Policy.
SECTION 7 - ADDITIONAL TOOLS
We may offer you access to third-party tools that we neither monitor nor control nor have any influence over.
You agree that we provide access to these tools “as is” and “as available” without any warranties, representations, or conditions of any kind and without any endorsement. We assume no liability whatsoever arising from or related to your use of any additional third-party tools.
Any use of additional tools offered through the website is at your own discretion and risk, and you should ensure that you are familiar with and agree to the terms on which the tools are provided by the relevant third-party provider(s).
We may also offer new services and/or features through the website in the future (including the release of new tools and resources). Such new features and/or services shall also be subject to these Terms and Conditions.
SECTION 8 - THIRD-PARTY LINKS
Certain content, products, and services available via our Service may include materials from third parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy, and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties.
We are not liable for any harm or damage related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review the third-party provider's policies and practices carefully and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party provider.
SECTION 9 - USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS
If, at our request, you send certain submissions (e.g., contest entries) or, without our request, you send creative ideas, suggestions, proposals, plans, or other materials online, by email, by postal mail, or otherwise (collectively, “Comments”), you agree that we may edit, reproduce, publish, distribute, translate, and otherwise use in any medium any Comments you forward to us at any time and without restriction. We are and will not be obligated to (1) treat comments as confidential, (2) pay compensation for comments, or (3) respond to comments.
We may, but are not obligated to, monitor, edit, or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable, or that infringes the intellectual property rights of any party or violates these Terms and Conditions.
You agree that your comments will not violate any third party rights, including but not limited to copyright, trademark, privacy, or publicity rights, or other personal or proprietary rights. You further agree that your comments will not contain any defamatory, libelous, or otherwise unlawful, abusive, hateful, or obscene material, or contain any computer viruses or other malware that could in any way affect the operation of the Services or any related website or application. You may not use a false email address, impersonate any person, or mislead us or third parties as to the origin of any comments. You are solely responsible for your comments and their accuracy. We are not responsible or liable for any comments posted by you or any third party.
SECTION 10 - PERSONAL DATA
The transmission of personal data via the store is subject to our privacy policy. Please read our privacy policy.
SECTION 11 - ERRORS, INACCURACIES, AND OMISSIONS
Occasionally there may be errors, inaccuracies, or omissions on our website or in our service regarding product descriptions, pricing, promotions, offers, product shipping charges, delivery times, and availability. We reserve the right to correct any errors, inaccuracies, and omissions, and to change or update information or cancel orders if any information related to the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information relating to the Service or on any related website, including, without limitation, pricing information, except as required by law. Any stated update date indicated on the Service or any related website should not be construed as indicating that all information on the Service or any related website has been modified or updated.
SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms and Conditions, you are prohibited from using the website or its content for the following purposes: (a) for unlawful purposes; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to transmit false or misleading information;
(g) to upload or transmit any viruses or any other type of malicious code that in any way impairs the functionality or operation of the Service or any related website, other websites, or the Internet; (h) to collect or track the personal data of others;
(i) for spamming, phishing, pharming, pretexting, spidering, crawling, or scraping; (j) for any obscene or immoral purpose; or (k) to disrupt or circumvent the security features of the Service or any associated website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 13 - DISCLAIMER; LIMITATION OF LIABILITY
We make no guarantee, representation, or warranty that the use of our Service will be uninterrupted, timely, secure, or error-free.
We do not guarantee that the results that may be obtained from the use of the Service will be accurate or reliable.
You agree that from time to time we may remove the Service indefinitely or discontinue the Service at any time without notice to you.
You expressly agree that your use of the Service or inability to use the Service is at your sole risk. The Service and all products and services offered to you through the Service are (unless otherwise expressly stated by us) “as is” and “as available” for your use, without any representations, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, or non-infringement.
In no event shall Boho Shop, our directors, officers, employees, subsidiaries, agents, contractors, interns, suppliers, service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, but not limited to lost profits, lost revenue, lost savings, loss of data, replacement costs, or similar damages, whether based in contract, tort (including negligence), strict liability, or otherwise arising out of the use of the Service or any products procured through the Service, or for any other claims related in any way to the use of the Service or any product, including, but not limited to, errors or omissions in content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or products) posted, transmitted, or otherwise made available through the Service, even if advised of their possibility.
Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, our liability in such states or jurisdictions is limited to the maximum extent permitted by law.
SECTION 14 - INDEMNIFICATION
You agree to indemnify and hold Boho Shop and our parent company, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your violation of these Terms and Conditions or the documents incorporated by reference herein, or your violation of any law or the rights of a third party.
SECTION 15 - SEVERABILITY
If any provision of these Terms and Conditions is found to be unlawful, void, or unenforceable, that provision shall nonetheless be enforceable to the fullest extent permitted by law, and the unenforceable portion shall be deemed severed from these Terms and Conditions, such determination shall not affect the validity and enforceability of any remaining provisions.
SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms and Conditions are effective until terminated by either you or us. You may terminate these Terms and Conditions at any time by notifying us that you no longer wish to use our Services, or by discontinuing your use of our website.
If, in our sole discretion, you fail to comply with any provision of these Terms and Conditions, or we suspect that you have failed to do so, we may terminate this agreement at any time without notice, and you will remain liable for all amounts due up to and including the date of termination, and/or we may deny you access to our services (or any part thereof).
SECTION 17 - ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.
These Terms and Conditions, together with any policies or operating rules posted by us on this site or in respect to the Service, constitute the entire agreement and understanding between you and us, govern your use of the Service, and supersede any prior or contemporaneous agreements, communications, and offers, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms).
Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.
SECTION 18 - GOVERNING LAW
These Terms and Conditions and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Munich.
SECTION 19 - CHANGES TO TERMS AND CONDITIONS
You can review the most current version of the Terms and Conditions at any time on this page.
We reserve the right to update, modify, or replace any part of these Terms and Conditions at our discretion by posting updates and changes to our website. It is your responsibility to check our website periodically for any changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms and Conditions constitutes acceptance of those changes.
SECTION 20 – CONTACT INFORMATION
Questions about the Terms and Conditions should be directed to us at support@boho-shop.com
