Terms of service

Terms of Service

Effective Date: 07/07/2024

Welcome to Boho Eco Boutique™. These Terms of Service ("Terms") govern your use of our website, Shopify store, and any related services including our sales channels (collectively, the "Services"). By accessing or using our Services, you agree to be bound by these Terms.

1. Overview

These Terms apply to all users of the Services, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content. By using our Services, you agree to comply with these Terms.

2. Eligibility

You must be at least 18 years old or the age of majority in your jurisdiction to use our Services. By using our Services, you represent and warrant that you meet these eligibility requirements.

3. Account Information

To access certain features of our Services, you may be required to create an account. You agree to provide accurate, current, and complete information during the registration process and to update such information as needed to keep it accurate, current, and complete. You are responsible for safeguarding your account password and for all activities that occur under your account.

4. Orders and Payments

By placing an order through our Services, you are offering to purchase a product subject to these Terms. All orders are subject to availability and confirmation of the order price. We reserve the right to refuse or cancel any order for any reason, including but not limited to product availability, errors in product or pricing information, or issues identified by our fraud prevention department.

5. Pricing and Availability

All prices are listed in Boho Eco Boutique LLC and are subject to change without notice. We reserve the right to modify or discontinue products at any time without notice. In the event that a product is listed at an incorrect price due to a typographical error or error in pricing information, we have the right to refuse or cancel any orders placed for products listed at the incorrect price.

6. Shipping and Delivery

Shipping and delivery times are estimates and are not guaranteed. We are not responsible for any delays or damages caused by shipping carriers. Once an order is shipped, we will provide tracking information where available.

7. Returns and Refunds

Our return and refund policy is outlined in our [Return Policy]. By making a purchase, you agree to our return and refund policy.

8. Intellectual Property

All content included in or made available through our Services, such as text, graphics, logos, images, and software, is the property of Boho Eco Boutique LLC or its content suppliers and is protected by intellectual property laws. You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Services without express written permission from us.

9. Third-Party Links

Our Services may contain links to third-party websites or services that are not owned or controlled by Boho Eco Boutique LLC. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that Boho Eco Boutique LLC shall not be responsible or liable for any damage or loss caused by or in connection with the use of any third-party websites or services.

10. Disclaimer of Warranties; Limitation of Liability

Our Services are provided on an "as is" and "as available" basis. We do not warrant that the Services will be uninterrupted or error-free. To the fullest extent permitted by law, Boho Eco Boutique LLC disclaims all warranties, express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose. In no event shall Boho Eco Boutique LLC be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or in connection with your use of the Services.

11. Indemnification

You agree to indemnify, defend, and hold harmless Boho Eco Boutique LLC, its affiliates, and their respective directors, officers, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, and expenses arising out of or in connection with your use of the Services or any violation of these Terms.

12. Governing Law

These Terms shall be governed by and construed in accordance with the laws of North Carolina, without regard to its conflict of law provisions.

13. Changes to Terms

We reserve the right to modify or update these Terms at any time without prior notice. Your continued use of the Services after any changes to the Terms constitutes acceptance of those changes.

14. Contact Information

If you have any questions about these Terms, please contact us at:

15. SMS Marketing 

By consenting to Boho Eco Boutique™  SMS marketing in the checkout and initializing a purchase or subscribing via our subscription tools, you agree to receive recurring text notifications (for your order, including abandoned checkout reminders), text marketing offers, and transactional texts, including requests for reviews from us, even if your mobile number is registered on any state or federal do-not-call list. Message frequency varies. Consent is not a condition of purchase.

If you wish to unsubscribe from receiving text marketing messages and notifications, reply with STOP to any mobile message sent from us or use the unsubscribe link we provided you within any of our messages. You understand and agree that alternative methods of opting out, such as using alternative words or requests, will not be considered a reasonable means of opting out. We do not charge for the service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message and data rates may apply.

For any questions, please text HELP to the number you received the messages from. You can also contact us at bohoecoboutique@gmail.com for more information.

We have the right to modify any telephone number or short code we use to operate the service at any time. You will be notified on such occasions. You agree that any messages you send to a telephone number or short code we have changed, including any STOP or HELP requests, may not be received, and we will not be liable for honoring requests made in such messages.

To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.

Your right to privacy is important to us. You can see our Privacy Policy to determine how we collect and use your personal information.

Arbitration and Class Action Waiver Agreement:

Arbitration:

By using or purchasing Boho Eco Boutique LLC products or services, you agree that any controversy, claim, action, or dispute between you and Boho Eco Boutique arising out of or relating to: (a) these Terms, or the breach thereof; or (b) your access to or use of Boho Eco Boutique’s website or the services or the materials; or (c) any alleged violation of any federal or state or local law, statute or ordinance (each such controversy or claim, a “Claim”), shall be resolved exclusively through binding individual arbitration administered by the American Arbitration Association in accordance with its applicable rules.

Arbitration is a form of dispute resolution in which parties agree to submit their disputes and potential disputes to a neutral third person (called an arbitrator) for a binding decision, instead of having such dispute(s) decided in a lawsuit, in court, by a judge or jury trial. The arbitrator is obligated to issue a reasoned award in writing, including all findings of fact and law upon which the award was made. The arbitrator shall not have the power to commit errors of law, and the arbitrator’s award may be vacated or corrected through judicial review by a court of competent jurisdiction. Each party’s attorneys’ fees, expert costs, and other costs and expenses incurred in connection with arbitration will be borne by the party incurring such costs and expenses.  

Arbitration Procedures:

Claims shall be heard by a single arbitrator. Arbitrations shall be held in Wake County, NC, USA but the parties may choose whether to appear in person, by phone, or through the submission of documents.  The arbitration shall be governed by the Federal Arbitration Act (“FAA”) and by the internal laws of the NC, without regard to conflicts of laws principles. Any disputes in this regard shall be resolved exclusively by an arbitrator. If, but only if, the arbitrator determines the FAA does not apply, New York law governing arbitration agreements will apply. All disputes with respect to whether the foregoing mutual arbitration provisions are unenforceable, unconscionable, applicable, valid, void or voidable shall be determined exclusively by an arbitrator, and not by any court.

Exclusion from Arbitration:

Notwithstanding the terms of this Arbitration Agreement, you may choose to pursue a Claim in court and not by arbitration if you opt-out of these arbitration procedures within 30 days from the date that you first purchase any off Boho Eco Boutiques products or services (the “Opt-Out Deadline”). You may opt out by mailing a written notification to bohoecoboutique@gmail.com. Your written notification must include (1) your name, (2) your address, and (3) a clear statement that you do not wish to resolve disputes through arbitration. Your decision to opt-out will have no adverse effect on your relationship with [Brand]. You are responsible for ensuring Boho Eco Boutique’s receipt of your opt-out notice, and you therefore may wish to send a notice by means that provide a written receipt.  Any opt-out request received after the Opt-Out Deadline will not be valid and you must pursue your Claim in arbitration.

Class Action Waiver:

You and Boho Eco Boutique LLC agree that you may bring or participate in Claims against Boho Eco Boutique LLC only in your respective individual capacity, and not as a plaintiff or class member in any purported class, consolidated, or representative proceeding.  Unless both you and Boho Eco Boutique LLC agree otherwise in writing, the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated and may not otherwise preside over any form of a representative or class proceeding. Notwithstanding any other clause contained in this Agreement, any Claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator.

 

Boho Eco Boutique®
Email: bohoecoboutique@gmail.com

Thank you for choosing Boho Eco Boutique. We appreciate your business!

Boho Eco Boutique LLC

1201 Aversboro Rd Suite 102, Garner, NC 27529