The following terminology applies to these Terms and Conditions: “Client”, “You” and “Your” refers to you, the person accessing this website and accepting Company’s terms and conditions. “Company”, “We”, refers to our Company, Bowman Enterprise Services. “Parties”, refers to both the Client and Company. “Information” refers to all information on this website, provided with products and provided to Client via communications. All Terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner for the express purpose of meeting the Client’s needs in respect of provision of Company’s stated services/products, in accordance with and subject to, prevailing United States Law.
In continuing to use this website and/or proceeding with your order(s) you are deemed to have read and agreed to the following Terms and Conditions:
PRIVACY & CONFIDENTIALITY:
We are committed to protecting your privacy. Authorized employees within Company use any information collected from individual customers to help process orders on a need to know basis only. We constantly review our systems and data to ensure the best possible service to our customers. We do not sell names or lists to other third parties. Clients have the right to request sight of, and copies of any and all of their respective records we keep, on the provision that we are given reasonable notice of such a request. For more details refer to our Privacy Policy page.
EXCLUSIONS AND LIMITATIONS:
The Information is provided on an “as is” basis. To the fullest extent permitted by law, this Company:
(i) excludes all representations and warranties relating to Information, including in relation to any inaccuracies or omissions in this website and/or Company’s literature; and
(ii) excludes all liability for damages arising out of or in connection with your use of Information. This includes, without limitation, injury, direct loss, damage caused to your computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages.
The above exclusions and limitations apply only to the extent permitted by law. None of your statutory rights as a consumer are affected.
CANCELLATION, REFUND & EXCHANGE POLICY:
A cancellation is defined as an order that is placed and then cancelled within 48 hours. A return is defined as a product that is being returned for a partial refund. An exchange is defined as a product being returned to have the product exxhanged or remade to a different size and then shipped to the Client.
Clients will receive a full 100% refund on all cancelled orders that have not shipped.
Refunds for refused deliveries (UPS/FedEx) will have the cost of both the outbound and the return shipping cost deducted from the return. Refunds on braces returned within 30 days that have not been used are only made on the product portion of the payment and no refund is payable on the service portion of the payment ($65.00) or the shipping costs. No refunds are available for products that have been used and/or are returned after 30 days.
Exchanges requested within 30 days are subject to a 25% or $65.00 fee (whichever is lesser) to ship the new size product. Exchange requests after 30 days are not accepted.
Client is responsible for $25.00 chargeback fee assessed upon initiating a chargeback with their credit card company which will be deducted from the customer’s return.
COPYRIGHT:
Copyright and other relevant intellectual property rights exist on all Information. Redistribution or republication of any part of Information is prohibited, including such by framing or other similar or any other means, without the express written consent of Company.
COMMUNICATION:
Clients can contact Company via our “Contact Us” page or via email at CustomerSupport@Bowmanes.com. We have additional different e-mail addresses we may use for different queries. These and other contact information, may be found via Company communications or Company literature. Company is Bowman Enterprise Services, Inc. 15243 Vanowen Street, Van Nuys, CA 91405.
LIABILITY DISCLAIMER & WAIVER:
You acknowledge that orthoses and prostheses are usually prescribed by a physician. In accessing this website and/or using our products, you attest that the end user has been diagnosed and prescribed by a physician or you accept all risks and liabilities from the ordering of and use of our products. At no time shall Company be held liable for special, indirect, exemplary, consequential damages, or any damages whatsoever, including but not limited to breathing difficulty, skin sores or abrasions arising out of or in connection with the use of the Information and/or the personal wearing of our prdoucts.
No waiver of any of the provisions of this or any Agreement shall be effective unless it is expressly stated to be such and signed by both Parties. The laws of the United States govern these terms and conditions. By accessing this website, and/or ordering our products you consent to these terms and conditions and to the exclusive jurisdiction of the United States courts in all disputes arising out of such access. If any of these terms are deemed invalid or unenforceable for any reason (including, but not limited to the exclusions and limitations set out above), then the invalid or unenforceable provision will be severed from these terms and the remaining terms will continue to apply. Failure of Company to enforce any of the provisions set out in these Terms and Conditions and any Agreement, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of these Terms and Conditions or of any Agreement or any part thereof, or the right thereafter to enforce each and every provision. These Terms and Conditions shall not be amended, modified, varied or supplemented except in writing and signed by duly authorized representatives of Company.
NOTIFICATION OF CHANGES:
Company reserves the right to change these conditions from time to time as it sees fit and your continued use of the site and/or products will signify your acceptance of any adjustment to these terms. If there are any changes to our privacy policy, we will announce that these changes have been made on key pages of this website. If there are any changes in how we use our site customers’ Personally Identifiable Information, notification by e-mail or postal mail to the last known contact information will be made to those affected by this change. Any changes to our privacy policy will be posted on our web site 30 days prior to these changes taking place. You are therefore advised to re-read this statement on a regular basis.
These Terms and Conditions form part of the agreement between the Client and Company. Your accessing of this website and/or purchasing and wearing The LA Pectus Brace indicates your understanding, agreement to and acceptance of the Terms and Conditions. Your statutory Consumer Rights are unaffected. By accessing this website and/or ordering our products you thereby indemnify this Company, its employees, agents and affiliates against any loss or damage, in whatever manner, howsoever caused.
© Bowman Enterprise Services, Inc 2021 All Rights Reserved
