TERMS AND CONDITIONS
If you visit or shop at Bowery Blue Makers, you accept these Terms. Please read them carefully and contact us if you have any questions.
2) PERSONAL INFORMATION
3) GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and 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 transfer 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 included for convenience only and will not limit or otherwise affect these Terms.
4) SITE CONTENTS
Unless otherwise noted, the design of the Site, the Site as a whole, and all materials that are part of the Site (collectively, 'Contents') are copyrights, trademarks, trade dress or other intellectual properties owned, controlled or licensed by Bowery Blue Makers or its subsidiaries. The Contents are intended solely for your personal, noncommercial use. You may copy other Contents displayed on the Site for your personal, noncommercial use only. No right, title or interest in any Contents is granted or transferred to you as a result of any such copying. Except as noted above, you may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, any of the Contents or the Site. Unauthorized use of the Contents is expressly prohibited by law, and may result in severe civil and criminal penalties. Bowery Blue Makers reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
5) COMMENTS & OTHER SUBMISSIONS
We welcome your comments and feedback regarding our Site, our products and our services (collectively, “Comments”). Any Comments posted or sent to the website shall be and will remain the exclusive property of Bowery Blue Makers. Submission of any Comments to the Website shall be deemed an assignment to Bowery Blue Makers of all intellectual property rights, titles and interest in and to such Comments. Such Comments will not be treated as confidential information. We shall have all rights to use, reproduce, publish, distribute and otherwise disclose such Comments for any purpose without restriction without providing any compensation to you.
6) RISK OF LOSS
All items purchased from Bowery Blue Makers are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
7)PRODUCT INFORMATION & AVAILABILITY
Bowery Blue Makers attempts to be as accurate as possible. However, we do not warrant that product descriptions or other content of this Site are accurate. In addition, the actual colors you see will depend on your monitor and may not be accurate. We apologize for any inconvenience this may cause you.
Despite our best efforts, items on our Site may occasionally be miss-priced. Bowery Blue Makers shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. Bowery Blue Makers shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If payment has already been made or if the credit card has already been charged for the purchase and the order is cancelled, we shall promptly credit the credit card account in the amount of the incorrect price.
9) 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. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. 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 at 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 detail, please review our Returns Policy.
10) LINKS TO OTHER WEBSITE & SERVICE
We may provide links to the sites of other companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their Websites. We do not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.
11) SITE POLICIES, MODIFICATION & SEVERABILITY
We reserve the right to make changes to our Site, policies, and these Terms at any time. If any of these terms shall be deemed invalid, void, or for any reason unenforceable, that term shall be deemed severable and shall not affect the validity and enforceability of any remaining term.
12) TERM & TERMINATION
These Terms are effective unless and until terminated by Bowery Blue Makers. We may terminate these Terms without notice and at any time. In the event of termination, you are no longer authorized to access the Site and the restrictions imposed on you with respect to the Contents and the disclaimers, indemnities, and limitations of liabilities set forth in these Terms shall survive termination. We shall also have the right without notice and at any time to terminate the Site or any portion thereof, or any products or services offered through the Site, or to terminate any individual's right to access or use the Site or any portion thereof.
We may deliver notice to you by means of electronic mail, a general notice on the site, or by written communication delivered by mail.
14) 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 damages 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 carefully the third-party's policies and practices 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.
15) DISCLAIMER OF LIABILITY
Bowery Blue Makers shall not be responsible for and disclaims all liability for any loss, liability, damage (whether direct, indirect or consequential), personal injury or expense of any nature whatsoever which may be suffered by you or any third party (including your company), as a result of or which may be attributable, directly or indirectly, to your access and use of the website, any information contained on the website, your or your company's personal information or material and information transmitted over our system. In particular, neither we nor any third party or data or content provider shall be liable in any way to you or to any other person, firm or corporation whatsoever for any loss, liability, damage (whether direct or consequential), personal injury or expense of any nature whatsoever arising from any delays, inaccuracies, errors in, or omission of any share price information or the transmission thereof, or for any actions taken in reliance thereon or occasioned thereby or by reason of non-performance or interruption, or termination thereof.
You agree to indemnify, defend and hold harmless
Bowery Blue Makers and our subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
17) APPLICABLE LAW
These Terms are governed by and to be interpreted in accordance with the laws of the Province of New York and in the event of any dispute arising in relation to these Terms and Conditions or any dispute arising in relation to the website whether in contract or tort or otherwise the New York courts will have exclusive jurisdiction over such dispute, unless mandatory applicable law requires otherwise. Use of, and copying from, this site is subject to our Terms.