Terms of service
OVERVIEW
Welcome to Beyond the Bow Gifts! The terms “we”, “us” and “our” refer to Beyond the Bow Gifts, LLC. Beyond the Bow Gifts operates this store and website, including all related information, content, features, tools, products and services in order to provide you, the customer, with a curated shopping experience (the “Services”). Beyond the Bow Gifts is powered by Shopify, which enables us to provide the Services to you.
The below terms and conditions, together with any policies referenced herein (these “Terms of Service” or “Terms”) describe your rights and responsibilities when you use the Services.
Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.
By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy available at:
https://www.beyondthebowgifts.com/policies/privacy-policy
If you do not agree to these Terms of Service or Privacy Policy, you should not use or access our Services.
SECTION 1 - ACCESS AND ACCOUNT
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase or manage.
To use the Services, including accessing or browsing our online stores or purchasing any of the products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all the information you provide in our stores is correct, current and complete and that you have all rights necessary to provide this information.
You are solely responsible for maintaining the security of your account credentials and for all of your account activity. You may not transfer, sell, assign, or license your account to any other person.
SECTION 2 - OUR PRODUCTS
We have made every effort to provide an accurate representation of our products and services in our online stores. However, please note that colors or product appearance may differ from how they may appear on your screen due to the type of device you use to access the store and your device settings and configuration.
We do not warrant that the appearance or quality of any products or services purchased by you will meet your expectations or be the same as depicted or rendered in our online stores.
All descriptions of products are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities of any products that we offer to any person, geographic region or jurisdiction, on a case-by-case basis.
Many of our gift baskets and curated gifts are hand-assembled and may include seasonal or availability-based substitutions. When substitutions are necessary, items of equal or greater value will be used while maintaining the overall quality, style, and theme of the gift.
SECTION 3 - ORDERS
When you place an order, you are making an offer to purchase. Beyond the Bow Gifts reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until Beyond the Bow Gifts confirms acceptance. We must receive and process your payment before your order is accepted.
Please review your order carefully before submitting, as Beyond the Bow Gifts may be unable to accommodate cancellation requests after an order is accepted. In the event that we do not accept, make a change to, or cancel an order, we will attempt to notify you by contacting the e-mail, billing address, and/or phone number provided at the time the order was made.
Your purchases are subject to return or exchange solely in accordance with our Refund Policy available at:
https://www.beyondthebowgifts.com/policies/refund-policy
You represent and warrant that your purchases are for your own personal or household use and not for commercial resale or export.
SECTION 4 - PRICES AND BILLING
Prices, discounts and promotions are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Unless otherwise expressly stated, posted prices do not include taxes, shipping, handling, customs or import charges.
Prices posted in our online stores may be different from prices offered in physical stores or in online or other stores operated by third parties.
You agree to provide current, complete and accurate purchase, payment and account information for all purchases made at our stores.
SECTION 5 - SHIPPING AND DELIVERY
We are not liable for shipping and delivery delays. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs processing, weather events, natural disasters, labor shortages, or events outside our control.
Once we transfer products to the carrier, title and risk of loss passes to you.
SECTION 6 - INTELLECTUAL PROPERTY
Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics, product reviews, video, and audio, and the design, selection, and arrangement thereof, are owned by Beyond the Bow Gifts, its affiliates or licensors and are protected by U.S. and foreign patent, copyright and other intellectual property laws.
These Terms permit you to use the Services for your personal, non-commercial use only.
All rights not expressly granted herein are reserved by Beyond the Bow Gifts.
SECTION 7 - OPTIONAL TOOLS
You may be provided with access to customer tools offered by third parties as part of the Services, which we neither monitor nor have any control nor input.
Any use by you of optional third-party tools is entirely at your own risk and discretion.
SECTION 8 - THIRD-PARTY LINKS
The Services may contain materials and hyperlinks to websites provided or operated by third parties. We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites.
SECTION 9 - RELATIONSHIP WITH SHOPIFY
Beyond the Bow Gifts is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our Store are made directly with Beyond the Bow Gifts.
SECTION 10 - PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy available at:
https://www.beyondthebowgifts.com/policies/privacy-policy
By using the Services, you acknowledge that you have read these privacy policies.
By providing your email address or phone number, you consent to receive transactional and promotional communications from Beyond the Bow Gifts. Consent is not a condition of purchase. Message and data rates may apply. You may unsubscribe at any time using the unsubscribe link provided in communications.
SECTION 11 - FEEDBACK
If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans, or other content (“Feedback”), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute and display such Feedback in any medium for any purpose.
SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on or in the Services that contain typographical errors, inaccuracies or omissions related to product descriptions, pricing, promotions, offers, shipping charges, transit times and availability.
We reserve the right to correct any errors or inaccuracies and to cancel orders if information is inaccurate at any time without prior notice.
SECTION 13 - PROHIBITED USES
You may access and use the Services for lawful purposes only. You may not use the Services for unlawful, fraudulent, abusive, harmful, or malicious purposes.
SECTION 14 - AGENTS
No Agent may access, use, or interact with Services unless it identifies itself appropriately and complies with all applicable requirements set forth in these Terms.
SECTION 15 - TERMINATION
We may terminate this agreement or your access to the Services at any time without notice.
SECTION 15A - FORCE MAJEURE
Beyond the Bow Gifts shall not be liable for any delay or failure to perform resulting from causes beyond our reasonable control, including but not limited to acts of God, weather events, natural disasters, labor shortages, carrier disruptions, supply chain interruptions, internet outages, governmental actions, pandemics, or other unforeseen events.
SECTION 16 - DISCLAIMER OF WARRANTIES
EXCEPT AS EXPRESSLY STATED BY BEYOND THE BOW GIFTS, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND.
SECTION 17 - LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PROVIDED BY LAW, BEYOND THE BOW GIFTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF THE SERVICES OR PRODUCTS PURCHASED THROUGH THE SERVICES.
SECTION 18 - INDEMNIFICATION
You agree to indemnify and hold harmless Beyond the Bow Gifts and its affiliates from any claims arising from your breach of these Terms.
SECTION 19 - SEVERABILITY
If any provision of these Terms is determined to be unlawful or unenforceable, the remaining provisions shall remain in full force and effect.
SECTION 20 - WAIVER; ENTIRE AGREEMENT
These Terms constitute the entire agreement between you and Beyond the Bow Gifts regarding the Services.
SECTION 21 - ASSIGNMENT
You may not assign your rights or obligations under these Terms without our prior written consent.
SECTION 22 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of California, United States, without regard to conflict of law principles.
You and Beyond the Bow Gifts consent to the exclusive jurisdiction and venue of the state and federal courts located in Riverside County, California.
SECTION 23 - HEADINGS
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 24 - CHANGES TO TERMS OF SERVICE
We reserve the right to update, change, or replace any part of these Terms of Service by posting updates to our website.
SECTION 25 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to:
Beyond the Bow Gifts, LLC
customerservice@beyondthebowgifts.com
Temecula, California, United States