Terms of service

OVERVIEW
Welcome to Bowsly! The terms “we,” “us,” and “our” refer to Bowsly. Bowsly operates this store and website, including all related information, content, features, tools, products, and services, to provide you, the customer, with a curated shopping experience (“the Services”). Bowsly is powered by Shopify, which enables us to provide the Services to you. The terms
below, together with the policies referenced herein (these “Terms of Use” or “Terms”), describe your rights and obligations when using the Services.
Please read these Terms of Use carefully, as they contain important information about your legal rights and cover areas such as disclaimers and limitations of liability.
By visiting, interacting with, or using our Services, you agree to be bound by these Terms of Use and our Privacy Policy: https://bowsly.com/policies/privacy-policy.

SECTION 1 - ACCESS AND ACCOUNT
By accepting these Terms of Use, you represent that you have reached the age of majority in the state or province where you reside, and that you have given us your consent to allow your minor family members to use the Services on devices that you own, purchase, or manage.
To use the Services—including visiting 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 information you provide in our stores is accurate, current, and complete, and that you have all necessary rights to provide this information.
You are solely responsible for maintaining the security of your account information and for all activity on your account. 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. Please note, however, that colors or the appearance of products may differ from how they appear on your screen depending on the type of device you use to visit the store and your device settings and configuration.
We do not guarantee that the appearance or quality of any products or services you purchase will meet your expectations or be the same as those depicted or represented in our online stores.
All product descriptions are subject to change at any time without prior notice, at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities of products we offer to any person, geographic region, or jurisdiction, on a case-by-case basis.

SECTION 3 - ORDERS
When you place an order, you are making an offer to purchase. Bowsly reserves the right to accept or reject your order for any reason at its sole discretion. Your order is not accepted until Bowsly confirms its acceptance. We must receive and process your payment before your order is accepted. Please review your order carefully before submitting it, as Bowsly may not be able to accommodate cancellation requests after an order has been accepted. If we do not accept, modify, or cancel an order, we will attempt to notify you by contacting the email address, billing address, and/or phone number provided at the time of the order.
Your purchases may be returned or exchanged only in accordance with our refund policy: https://bowsly.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 prior 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 stated in your order confirmation email. Unless otherwise expressly stated, published prices do not include taxes, shipping, handling, customs, or import duties.
Prices published in our online stores may differ from prices offered in physical stores or in online stores operated by third parties. From time to time, we may offer promotions on the Services that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms of a promotion and these Terms, the promotion terms shall prevail.
You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases made in our stores. You agree to promptly update your account and other information, including your email address, credit card number, and expiration date, so that we can complete your transactions and contact you as needed.
You represent and warrant that (i) the credit card information you provide is true, accurate, and complete, (ii) you are authorized to use the credit card for the purchase, (iii) charges you incur will be authorized by your credit card issuer, and (iv) you will pay the charges you incur at the published rates, including shipping and handling fees and all applicable taxes, if any.

SECTION 5 - SHIPPING AND DELIVERY
We are not responsible for shipping or delivery delays. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs clearance, or events beyond our control. Upon transfer of the products to the shipping carrier, title and risk of loss pass to you.

SECTION 6 - INTELLECTUAL PROPERTY RIGHTS
Our Services, including but not limited to all trademarks, logos, text, displays, images, graphics, product reviews, video, and audio, as well as the design, selection, and arrangement thereof, are owned by Bowsly, its affiliates, or its licensors and are protected by U.S. and foreign patent, copyright, and other intellectual property laws.
These Terms permit you to use the Services solely for personal, non-commercial purposes. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any material on the Services without our prior written consent. Except as expressly set forth herein, nothing in these Terms grants you any license or other rights under any patent, trademark, copyright, or other intellectual property right owned by Bowsly, Shopify, or any third party. Unauthorized use of the Services may constitute a violation of federal and state intellectual property laws. All rights not expressly granted herein are reserved by Bowsly.
Bowsly’s name, logos, product and service names, designs, and slogans are trademarks owned by Bowsly, its subsidiaries, or its licensors. You may not use such trademarks without Bowsly’s prior written permission. Shopify’s name, logo, product and service names, designs, and slogans are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners.

SECTION 7 - OPTIONAL TOOLS
You may be provided with access to third-party tools offered as part of the Services, which we neither monitor nor have any control over nor contribute to.
You acknowledge and agree that we provide access to such tools “as is” and “as available,” without any warranties, representations, or conditions of any kind, and without endorsement. We assume no liability whatsoever arising from or related to your use of any optional third-party tools.
Any use of optional tools offered through the website is entirely at your own risk and discretion, and you should ensure that you are familiar with and agree to the terms and conditions under which the tools are provided by the relevant third-party provider.
We may also offer new features through the Services in the future (including the launch of new tools and resources). Such new features shall also be considered part of the Services and are subject to these Terms of Use.

SECTION 8 - LINKS TO THIRD PARTIES
The Services may contain material and hyperlinks to websites provided or operated by third parties (including any embedded third-party functionality). We are not responsible for reviewing or evaluating the content or accuracy of any third-party material or any third-party website you choose to visit. If you decide to leave the Services to access this material or these third-party websites, you do so at your own risk.
We are not liable for any damage or loss related to your access to third-party websites or your purchase or use of products, services, resources, or content on third-party websites. Carefully review the third party’s policies and procedures and ensure you understand them before completing any transaction. Complaints, claims, concerns, or questions regarding third-party products and services should be directed to the third party.

SECTION 9 - RELATIONSHIP WITH SHOPIFY
Bowsly 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 Bowsly. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of sales between you and Bowsly, including any damage, loss, or defect arising from purchased products and services. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with Bowsly. 

SECTION 10 - PRIVACY POLICY
All personal information we collect through the Services is governed by our Privacy Policy: https://bowsly.com/policies/privacy-policy.
Since the Services are hosted by Shopify, Shopify collects and processes personal data regarding your access to and use of the Services in order to provide and improve the Services for you. Information you submit to the Services will be transferred to and shared with Shopify and third parties, who may be located in countries other than the one where you reside, in order to provide services to you. Please review our Privacy Policy: https://bowsly.com/policies/privacy-policy.

SECTION 11 - FEEDBACK
If you submit, upload, post, email, or otherwise transmit ideas, suggestions, feedback, reviews, proposals, plans, or other content (collectively, “Feedback”), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display such Feedback in any media for any purpose, including for commercial use. For example, we may use our rights under this license to operate, provide, evaluate, improve, and market the Services, and to fulfill our obligations and exercise our rights under the Terms of Service.
You also represent and warrant that: (i) you own or have all necessary rights to all Feedback; (ii) you have disclosed any compensation or incentives you received in connection with your submission of Feedback; and (iii) your Feedback will comply with these Terms. We have no obligation, and shall have no obligation, to (1) keep your Feedback confidential; (2) pay compensation for your Feedback; or (3) respond to your Feedback.
We may, but are under no obligation to, monitor, edit, or remove Feedback that we, in our sole discretion, deem to be illegal, abusive, threatening, defamatory, libelous, pornographic, obscene, or otherwise objectionable, or that violates any party’s intellectual property rights or these Terms of Use.
You agree that your Feedback will not infringe upon any third party’s rights, including copyright, trademark, privacy, personality, or other personal or proprietary rights. You further agree that your Feedback will not contain defamatory or otherwise illegal, offensive, or obscene content, nor will it contain any computer virus or other malicious code that could in any way affect the operation of the Services or any related website. You may not use a false email address, impersonate anyone other than yourself, or otherwise mislead us or third parties regarding the origin of any Feedback. You are solely responsible for all Feedback you submit and its accuracy. We assume no responsibility and accept no liability for Feedback posted by you or any third party.

SECTION 12 - ERRORS, INACCURACIES, AND OMISSIONS
Occasionally, there may be information on the Services that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information is incorrect at any time without prior notice (even after you have submitted your order).

SECTION 13 - PROHIBITED USE
You may only access and use the Services for lawful purposes. You may not access or use the Services, directly or indirectly: (a) for any unlawful or harmful purpose; (b) to violate any international, federal, provincial, or state rules, regulations, laws, or local ordinances; (c) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, threaten, or cause harm to any of our employees or any other person; (e) to transmit false or misleading information; (f) to send, knowingly receive, upload, download, use, or reuse material that does not comply with these Terms; (g) to transmit, or cause the transmission of, advertising or promotional materials, including “spam,” “chain letters,” “spam,” or similar solicitations; (h) to impersonate or attempt to impersonate another person or entity; or (i) to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or that, in our sole discretion, may harm Bowsly, Shopify, or the users of the Services, or subject them to liability.
In addition, you agree not to: (a) upload or transmit viruses or any other type of malware that is or may be used in any way that affects the functionality or operation of the Services; (b) reproduce, duplicate, copy, sell, resell, or exploit any portion of the Services; (c) collect or track the personal information of others; (d) spam, phish, scrape, or “crawl”; or (e) interfere with or circumvent the security features of the Services or any related website, other websites, or the Internet. We reserve the right, at any time and without prior notice, to suspend, disable, or terminate your account if we determine that you have violated any part of these Terms.

SECTION 14 - TERMINATION
We may terminate this Agreement or your access to the Services (or any part thereof) at our sole discretion at any time without prior notice, and you remain liable for all amounts due up to and including the date of termination.
The following sections will survive any termination: Intellectual Property Rights, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that by their nature should survive termination.

SECTION 15 - DISCLAIMER OF WARRANTIES
The information presented on or through the Services is made available solely for general informational purposes. We do not guarantee the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is entirely at your own risk. We disclaim all liability for any reliance placed on such material by you or any other visitor to the Services, or by anyone who may have been informed of the content.
EXCEPT AS EXPRESSLY STATED BY Bowsly, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTY, OR CONDITION OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT, REPRESENT, OR GUARANTEE THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE EXCLUSION OF IMPLIED OR OTHER WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

SECTION 16 - LIMITATION
OF LIABILITY TO THE EXTENT PERMITTED BY LAW, Bowsly, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, SUBSIDIARIES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, OR LICENSORS, OR THEIR RESPECTIVE COUNTERPARTS AT SHOPIFY AND ITS SUBSIDIARIES, SHALL UNDER NO CIRCUMSTANCES BE LIABLE FOR ANY DAMAGES, LOSSES, CLAIMS, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, RECOVERY COSTS, OR SIMILAR DAMAGES, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, ARISING FROM YOUR USE OF THE SERVICES OR ANY PRODUCTS PURCHASED THROUGH THE SERVICES, OR FOR ANY OTHER CLAIM IN ANY WAY RELATED TO YOUR USE OF THE SERVICES OR ANY PRODUCT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN THE CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND ARISING FROM THE USE OF THE SERVICES OR ANY CONTENT (OR PRODUCT) PUBLISHED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY.

SECTION 17 - INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Bowsly, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers harmless from any and all losses, damages, liabilities, or claims, including reasonable attorneys’ fees, payable to any third party arising out of or resulting from (1) your breach of these Terms of Use or the documents incorporated herein by reference, (2) your violation of any law or the rights of any third party, or (3) your access to and use of the Services.
We will notify you of any claims for relief, provided that failure to notify you promptly does not relieve you of your obligations, unless you are materially prejudiced. We may control the defense and settlement of such claims at your expense, including the selection of counsel, but will not settle any claim that requires non-monetary obligations from you without your consent (which may not be unreasonably withheld). You will cooperate in the defense of substantiated claims, including by providing relevant documents.

SECTION 18 - SEVERABILITY
If any provision of these Terms of Use is deemed unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms of Use. Such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 19 - WAIVER; ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision.
These Terms of Use and any policies or operating rules that we publish on this website or in connection with the Service constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Use).
Any ambiguity in the interpretation of these Terms of Use shall not be construed against the party that drafted them.

SECTION 20 - ASSIGNMENT
You may not delegate, transfer, or assign this agreement or any of your rights or obligations under these Terms without our prior written consent, and any such attempt will be void. We may transfer, assign, or delegate these Terms and our rights and obligations without your consent or notice to you.

SECTION 21 - GOVERNING LAW
These Terms of Use and any separate agreements under which we provide you with Services shall be governed by and construed in accordance with the federal and state or territorial courts of the jurisdiction in which Bowsly has its principal place of business. You and Bowsly consent to the venue and personal jurisdiction of such courts.

SECTION 22 - HEADINGS
The headings used in this Agreement are for convenience only and will not limit or otherwise affect these Terms.

SECTION 23 - CHANGES TO THE TERMS OF USE
You may review the most current version of the Terms of Use at any time on this page.
We reserve the right, at our sole discretion, to update, modify, or replace any part of these Terms of Use by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. We will notify you of any material changes to these Terms in accordance with applicable law, and such changes will take effect on the date specified in the notice. Your continued use of or access to the Services following the publication of any changes to these Terms of Use constitutes acceptance of those changes.

SECTION 24 - CONTACT INFORMATION

Phone: +31 6 10030651
Email: info@bowsly.com

Monday through Friday: 9:00 a.m.–5:00 p.m.

Address: Schubertlaan 10, 2151 GB Nieuw-Vennep, Netherlands

Company Name: RB Engageworks

Company ID: 98559486

VAT registration number: NL005339223B90