Menu
These terms outline the rules for accessing and using this website,
TERMS AND CONDITIONS OF USE and SALE FOR THE BOSACLOTH.COM WEBSITE (March 25, 2014)
General Terms
Before using the BosaCloth.com website (the “Website”), please review all the terms outlined below. These include the Terms and Conditions for use (“Use Terms”), the Terms and Conditions of Sale (“Sale Terms”), Additional Terms, and the Privacy Policy, which together govern your (“customer,” “you,” “your,” or similar terms) use of the website and any purchases you make or attempt to make.
If you do not agree to these terms, please exit and do not use the Website.
Bosa Cloth, LLC (“Bosa,” “we,” “us,” and similar terms) may update the Use Terms, Sale Terms, Additional Terms, and Privacy Policy at any time without prior notice. You can view the most current version of these terms at any time by clicking www.bosacloth.com/terms-of-sale. By continuing to use the Website after any updates, you accept and agree to be bound by the current terms, including any changes.
The BosaCloth.com website is operated by Bosa Cloth, a Delaware LLC
The Privacy Policy is available at WWW.BOSACLOTH.COM/PRIVACY.
Terms and Conditions for the Use of the BosaCloth.com Website
General
All use of the BosaCloth.com website is subject to these Use Terms. By using the BosaCloth.com website, you agree to comply with and be bound by the Use Terms.
Data Security and Privacy
Privacy Policy: The BosaCloth.com Privacy Policy governs the use of any personal information you provide to Bosa on this website or is otherwise collected through your use of the Website.
Not intended for minors: The BosaCloth.com website is not intended for those under 18. By using the website, you agree you are 18 years of age or older. Furthermore, we do not knowingly collect or solicit personal information from those under 18 or knowingly allow such persons to register for an online account or to post personal information on our websites.
c. Records: Without limiting the terms of the Privacy Policy, you acknowledge and agree that Bosa may preserve any transmittal or communication by you with Bosa through the Website (or customer service) and may also disclose such data if required to do so by law or if Bosa determines that such preservation or disclosure is reasonably necessary to comply with legal processes, enforce these Use Terms, respond to claims that any such data violates the rights of others, or protect the rights, property, or personal safety of Bosa, its employees, users of or visitors to the Website, and the public.
Intellectual Property
Ownership: The BosaCloth.com website and material on the BosaCloth.com website (including all intellectual property of any nature, whether registered or unregistered, including drawings, designs, illustrations, photographs, videos, soundtracks, written text, logos, trademarks) are the exclusive property of Bosa and its affiliates and subsidiaries. You may not reproduce, distribute, publish, transmit, create derivative works based on, modify, or sell any material contained on the BosaCloth.com website without express permission.
Proprietary markings: You may not remove any copyright, trademark, or other proprietary notice contained on the BosaCloth.com website or any content contained therein.
Feedback: Any feedback, reviews, suggestions, designs, concepts, photographs, testimonials, and other items or materials (except for your personal information) disclosed or submitted to Bosa through this Website or by other means (“Submissions”) are not confidential or proprietary to you and may be used by Bosa without restriction or compensation. By making a Submission to Bosa, you grant Bosa a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such Submissions. Bosa is not obligated to keep any Submission confidential, to pay you any compensation, or respond to any Submission.
Linking
Links to third party sites: The BosaCloth.com website may contain links to third-party websites not under the operation or control of Bosa. All such links are provided as a convenience only and are not, and should not be interpreted as, an express or implied endorsement of such third-party websites or any products or services that may be offered thereon. Bosa shall have no liability or responsibility for the content, availability, or otherwise in connection with such third-party websites. Any questions or concerns about third-party websites should be directed to the owners or operators of such websites. Please review the terms and conditions that may be imposed by such websites, as they may be different from these Use Terms.
Linking only with authorization: You may only provide a link (including deep linking) to the BosaCloth.com website if expressly authorized in writing by Bosa.
Use Restrictions
No scraping: You may not use any automatic device, program, or methodology (including, without limitation, “page-scrape,” “robot,” or “spider”), or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the Website, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website. Bosa reserves the right to bar any such activity.
No circumvention: You may not attempt to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website by hacking, password “mining” or any other illegitimate means.
In addition, you may not probe, scan or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Website, or any other customer of Bosa, or exploit the Website or any service or information made available or offered by or through the Website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Website.
No interference: You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person’s use of the Website.
No unlawful use: You may not use the Website for any purpose that is unlawful or prohibited by these Use Terms, or to solicit the performance of any illegal activity or other activity which infringes the rights of Bosa or others.
Terms and Conditions of Sale for the BosaCloth.com Website
The purchase or attempted purchase by you of any products offered on BosaCloth.com website is subject to these Sale Terms.
For each order on BosaCloth.com website, your acceptance of the Sale Terms in force at the date of the order will be required.
Purchase – General Terms
Not for resale: Orders may only be placed on the BosaCloth.com website for personal use and not for resale. Any resale or distribution of Bosa products purchased on BosaCloth.com website is strictly prohibited.
United States only: The BosaCloth.com website may be used to order a selection of Bosa products directly online via the Internet from the United States only and for delivery only in the United States (excluding Puerto Rico, Guam, and all other U.S. possessions and territories situated outside North America).
Delivery: Bosa products ordered via the BosaCloth.com website and 888 BOSA CLOTH may be delivered only to the United States, excluding Puerto Rico, Guam, and all other U.S. possessions and territories situated outside North America. Not all products may be shipped to all locations. If you attempt to purchase a product that cannot be shipped to your location customer service will contact you. Please see the Shipping and Delivery section for additional restrictions.
Right to cancel: Bosa reserves the right to cancel any order placed by a customer in its sole discretion and without liability, including, without limitation, an order from a customer with whom it has a dispute concerning a prior order or if Bosa has reasonable cause to suspect that such customer has violated these Sale Terms, is engaged in any fraudulent activity, or for any other reason.
Quantity restrictions: To ensure the best quality service and product availability, you may not order on the BosaCloth.com website more than 6 items of the same SKU number within a period of thirty (30) calendar days. Additional restrictions may apply to certain products or classes of products. If you attempt to order more products than are permitted, customer service will contact you.
Availability: All offers of products as they are displayed on the BosaCloth.com website are subject to availability. Bosa reserves the right to change the items proposed on the BosaCloth.com website at any time and without notice. We attempt to provide information about the availability of products at the time of the ordering, but at times errors may exist, including when simultaneous orders of the same product are being placed by several customers. Any complimentary products such as gifts with purchases are available while supplies last. If a product is not available without a material delay after your place your order, you will be informed by email or by phone, and you will be allowed to wait until the product is available, or to cancel your order. If you choose to cancel your order, any amounts already charged will be refunded. Bosa shall not be liable if products are not in stock or otherwise not available.
Age: You must be 18 years or older to make a purchase on the BosaCloth.com website, and by making a purchase you represent that you are at least 18 years old. We do not sell products or services for purchase by children; the website is not directed at, nor do we knowingly collect personally identifiable information from children, including those under the age of 13.
Account: Certain features or services offered on or through the Website may require you to open an account. You are entirely responsible for maintaining the confidentiality of the information for your account, including your password, and for any and all activity that occurs under your account as a result of your failing to keep this information secure and confidential. You agree to notify Bosa immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by Bosa or any other user of or visitor to the Website due to someone else using your account as a result of your failing to keep your account information secure and confidential. Access to your account may be terminated or suspended at our sole discretion. See the Termination of Access section for more information.
Purchase – Confirmation
Pre-order summary: For each product selected on the BosaCloth.com website, a summary page will be displayed and may feature a photograph of the item, its coloring and references, the unit price, the quantity ordered, and the total amount owed for your order. Before placing your order by clicking on the “Purchase” button, please confirm that this information accurately reflects your selection. Once you have confirmed your order, it will be submitted for processing.
Visual accuracy: While we take steps to try to ensure that the coloring, design, and style of the Bosa products in the photographs or other representations displayed on the BosaCloth.com website are representative of the original products, variations may occur due to technical restrictions of color reproduction on your computer equipment and/or minor updates during production. Accordingly, Bosa shall not be liable for any error or inaccuracy in the photographs or other representations of Bosa products displayed on the BosaCloth.com website. If you have any questions about the products, please contact customer service.
Submitted orders: Once your order is submitted for processing it may not be amended or canceled except pursuant to the conditions provided for herein or pursuant to applicable law. Placing an order confirms your acceptance of the Sale Terms. Once an order is placed you will receive an order summary via email.
Records: The data collected by the BosaCloth.com website establishes the terms of the transactions between Bosa and its customers. In the event of a dispute between Bosa and its customers relating to a transaction entered into using the BosaCloth.com website, and subject to Bosa’s right to cancel or not accept an order, the data collected by Bosa are the terms of the transaction.
Purchase – Pricing and Payment
Listed price: The pricing for all Bosa products on the BosaCloth.com website are in United States dollars and exclude taxes and shipping costs (see “Shipping and Delivery”). Bosa reserves the right to modify the prices of products offered on the BosaCloth.com website at any time without prior notice. You will be charged the prices displayed on the BosaCloth.com website at the time your order was confirmed provided the goods ordered were available at this time, however, Bosa reserves the right not to accept or to cancel your order in our sole discretion for any reason without liability, including if the products are not available, are incorrectly priced, or are otherwise incorrectly described.
Payment methods: You are required to pay for any order placed on the BosaCloth.com website immediately upon confirmation of your order. Your order will only be processed for shipment once we have verified your payment method and received authorization to process your payment. We only accept payment by charge card or credit card. All orders are payable in US dollars. We accept the following charge cards and credit cards: MasterCard, Visa, and American Express.
Your charge card or credit card will only be debited when your order is shipped. If any of the products in your order are unavailable, we will only charge you the prices, taxes, and shipping costs for the goods available.
Title: All products ordered through the BosaCloth.com website remain the property of Bosa until full payment is tendered to Bosa. In the event of a payment dispute, you are required to return the products that are the subject of dispute to Bosa immediately upon request and to assume the risks (in particular the risks of loss, theft, and damage) relating to such products.
Shipping and Delivery
Restrictions: Products purchased through the BosaCloth.com website may only be delivered within the United States (excluding Puerto Rico, Guam, and all other U.S. possessions and territories situated outside North America). Bosa will not process any order for which a post office box or APO/FPO address, or a hotel or motel address, is provided. Any such delivery address will be refused during the ordering procedure. Goods will be shipped to the accepted delivery address specified during the ordering procedure. Not all products can be shipped to all locations. If state or other regulations prohibit shipping of products to the address you specify, customer service will contact you.
Shipping costs: You will be asked to select the shipment method you would prefer as part of the order procedure. Delivery costs depend on the delivery service you select. We will inform you of the shipping costs for the shipment method you select in the order summary displayed on the BosaCloth.com website before you confirm your order. This amount will be payable by you in addition to the price, including taxes, of the goods ordered. Bosa reserves the right to divide your order into partial shipments. In this case, your method of payment will be debited for the goods shipped and for a single shipment.
Current shipping costs:
Delivery timing: During the ordering procedure, we will inform you of the time required for delivery and the various forms of delivery available for the goods purchased. In some cases, such as delivery to Alaska and Hawaii, certain delivery options may not be available or may take longer. Some products may be subject to delivery delays. If your order, or a part of your order, is not able to ship without material delay, customer service will contact you to provide more detail and an estimated shipping date.
Current expected delivery timing:
– Ground: usually between 2-4 Weeks
– Air: usually between 2-4 Weeks
Taxes: We charge and collect state, local, and county taxes for online transactions based on shipping address and as required by applicable laws and regulations. An estimate of these taxes will be provided during the ordering process and the actual sales tax (if any) will be calculated when your order is shipped and may vary from the estimated tax. Applicable taxes will be applied to orders shipped to New York, New Jersey, California, Texas, Illinois, Nevada, and any other location where we are required to collect taxes. If we are not required to collect taxes, it is your responsibility to determine and pay any use taxes or similar taxes.
Order and delivery problems: If you received an incorrect or damaged order, please save all packaging and reach out immediately to the Customer Service team at: orders@BosaCloth.com.
To file a claim for any delivery issues such as loss or theft, please email orders@bosacloth.com.
Returns and Exchanges
Returns and exchanges of purchased items: You may return any full-priced product ordered on the BosaCloth.com website for exchange or refund within fifteen (15) calendar days from the delivery date. Returned products must be in their original condition, unused, unwashed, unaltered, and in the same
condition in which it was received with all tags attached, and in the original packaging (including, if possible, the original delivery box). If applicable, to ensure footwear is eligible for return, please try it on while standing on a carpeted surface. Footwear must be returned in its original shoebox, with any dustbags, cards, and packaging intact. Product boxes, including shoeboxes, are not to be used as shipping boxes. The product box should be placed within appropriate outer packaging, with contents secured within. The original invoice must be provided with any return. Bosa will determine in its sole discretion whether the products are in original condition when returned. If Bosa determines that the products are not in original condition, they will be returned to you. Please allow up to ten (10) days upon receipt of products for the processing of your return.
Returning a product for exchange or refund is at no additional cost if you use our pre-paid labels. To return a product, login to your account to request a Returns Merchandise Authorization (RMA) and to download a pre-paid shipping label. Additional instructions may be provided on the invoice or through the return process. In order to return a product at no additional cost to you, you must return it using our carrier by using our system of pre-paid return labels. Bosa does not take title to any returned products until they are received by us.
Restrictions
Personalized or altered products: A product ordered on the BosaCloth.com website that has been personalized, or a product that has been altered or tailored in any way, or washed or cleaned, cannot be returned for exchange or refund.
Sale and other non-refundable products: All accessory products and products sold as part of a sale are final and not returnable, exchangeable, or available for store credit. Please note that we are unable to guarantee availability of stock until time of shipment. You may request a price adjustment if a purchased product is marked down within seven (7) calendar days of the delivery of your order. Bosa reserves the right to designate other products as non-returnable. Any such designation will be noted on the product detail page.
Return or exchange of gift items: If you received an item as a gift from BosaCloth.com, you may exchange it for another item of equal or greater value within fourteen (14) days of delivery. You, the gift recipient, must pay the difference in price. Please contact Customer Service to receive a pre-paid label by email.
You may exchange the gift item either (i) for a different item of equal or greater value, or (ii) multiple items that together are equal to or greater in value than the purchased products. Shipping costs are excluded from the value of an exchange.
Returns and shipping costs: If you return products for exchange, the shipping costs for the first delivery will not be refunded. However, you will not be charged for the shipping costs of one exchange delivery per order. Only one exchange per item will be honored.
If you request a refund, the original shipping costs will be refunded only if the products are returned because they were not as ordered or were damaged.
Non prepaid returns: If you are unable to use, or do not wish to use, our pre-paid label service, please contact customer service to obtain an RMA number and a designated shipping address.
You are responsible for insuring your package for the full retail value of the item. You agree to bear the risks of the shipping method you have chosen, and Bosa will not be responsible or liable if any item you return to the BosaCloth.com website is lost, misplaced, or delivered late. Neither the original shipping costs nor the costs you pay to ship your return will be refunded to you.
Refund: If you request a refund for returned products, Bosa will use commercially reasonable efforts to ensure that any refund will be made within ten (10) business days of receipt of the goods. All refunds shall be made to the original form of payment. Under no circumstances will Bosa grant you an electronic credit usable on the BosaCloth.com website, nor will we issue a store credit for use in a Bosa retail location.
Repairs: Bosa stores are unable to repair or replace items not purchased within one of our globally operated Bosa stores. This includes items purchased at other third-party stores, online retailers, and at Bosa outlets.
Additional Terms
For the avoidance of doubt, the following additional terms (“Additional Terms”) apply to your use of the BosaCloth.com website and any purchase or attempted purchase you make.
Termination of Access
Termination: You agree that Bosa may, in its sole discretion and without prior notice, terminate your access to the Website and/or block your future access to the Website if we determine that you have violated any of our terms, including the Use Terms, the Sale Terms, the Additional Terms, and the Privacy Policy. You also agree that any violation by you of any of our terms, will constitute an unlawful and unfair business practice, and will cause irreparable harm to Bosa, for which monetary damages would be inadequate, and you consent to Bosa obtaining any injunctive or equitable relief that Bosa deems necessary or appropriate in such circumstances without the posting of any bond. These remedies are in addition to any other remedies Bosa may have at law or in equity.
You agree that Bosa may, in its sole discretion and without prior notice, terminate your access to the Website, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Website or any service offered on or through the Website, or (4) unexpected technical issues or problems.
Recovery of costs: If Bosa does take any legal action against you as a result of your violation of these Use Terms, Bosa will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to Bosa. You agree that Bosa will not be liable to you or to any third party for termination of your access to the Website as a result of any violation of our terms, including the Use Terms, the Sale Terms, the Additional Terms, and the Privacy Policy.
Disclaimer of Representations and Warranties
The BosaCloth.com website and its contents are provided on an “as is” and “as available” basis. BOSA MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE WEBSITE OR THE PRODUCTS OFFERED THROUGH THE WEBSITE NOR AS TO THE MERCHANDISE BEING SOLD TO YOU. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, BOSA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT, AND THERE ARE NO WARRANTIES, EXPRESS OR IMPLIED, WHICH EXTEND BEYOND THE DESCRIPTION OF THE MERCHANDISE CONTAINED ON OUR ORDER CONFIRMATION.
Without limiting the generality of the foregoing, Bosa does not represent, warrant, or guarantee that:
the Website is free from viruses, worms, trojan horses or other destructive material or malicious code;
the information contained on the Website is accurate, complete or up to date; or
the BosaCloth.com website is free of defects or that any inaccuracies or defects will be corrected.
By using the Website, you agree that your use of the Website is at your sole risk, that you assume full responsibility for all loss of use, loss of data and costs associated with all necessary servicing or repairs of any equipment and/or software that you use in connection with this site, and that Bosa shall not be responsible or liable for any damages of any kind whatsoever arising out of, caused by or related to your use of the Website. Your sole remedy against Bosa for dissatisfaction with the Website is to stop using the Website.
Where applicable law does not allow the exclusion of implied warranties, some or all of the foregoing disclaimers of warranty may not apply to you.
Limitation of Liabilities; Indemnity
Bosa shall not be liable to you or any third party for any DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, actual, direct, indirect, incidental, special, punitive, exemplary or consequential damages, whether arising under contract, tort, or any other theory, including, without limitation, loss of profits or other intangible losses, arising out of or in connection with your use or inability to use, performance of, or information provided through the BosaCloth.com website, even if Bosa has been advised of the possibility of such damages. Without limiting the foregoing, Bosa shall have no liability for any delay or failure to deliver products or otherwise perform any obligation as specified hereunder if the same is wholly or partly caused by circumstances beyond our reasonable control.
If, notwithstanding the other provisions of these Use Terms, Bosa is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Website, Bosa’s liability shall in no event exceed US$100.00.
Certain state laws do not allow limitations on the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.
You agree to defend, indemnify and hold harmless Bosa, its affiliates and their officers, directors, employees and shareholders from and against any and all claims, damages, losses, costs and expenses, including, but not limited to, reasonable attorneys’ fees and court costs, arising from or related to your use of the Website.
Law and Disputes
Our terms, including the Use Terms, the Sale Terms, and the Additional Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its principles of conflicts of laws, and shall govern all matters arising out of or relating to the Use Terms or Sale Terms, including, without limitation, their validity, interpretation, construction, performance, and enforcement. In the event of a dispute, the state and federal courts located in Wilmington, Delaware, shall have exclusive jurisdiction and you hereby agree to submit to the exclusive jurisdiction of such court and you irrevocably and unconditionally waive and agree not to plead or claim in any such court that any such action, suit or proceeding brought in any such court has been brought in an inconvenient forum. Bosa shall be entitled to seek and obtain injunctive or other equitable relief to protect its rights hereunder without the need to post any bond or surety.
Miscellaneous
Severability: If any provision of the Use Terms, Sale Terms, or Additional Terms is determined to be invalid, illegal or unenforceable, the remaining provisions shall remain in full force to the extent permitted by law.
Waiver: No failure, forbearance, neglect or delay of any kind or to any extent on the part of Bosa in connection with the enforcement or exercise of any rights under the Use Terms, the Sale Terms, or the Additional Terms shall affect or diminish Bosa’s ability to enforce such rights or any other rights under the Use Terms, the Sale Terms, or the Additional Terms.
Construction and interpretation: References to Articles, Sections and Exhibits are to be construed as references to the Articles or Sections of the relevant portions of the Use Terms, Sale Terms, or Additional Terms, unless otherwise indicated, and terms such as “hereof,” “herein,” “hereunder” and other similar compounds of the word “here” shall mean and refer to this entire set of terms rather than any particular part of the same. The paragraph headings and captions are included merely for convenience of reference. They are not to be considered part of, or to be used in interpreting, the terms and in no way limit or affect any of the contents of the terms or its provisions. Whenever used, except as otherwise expressly provided or unless the context otherwise requires, any noun or pronoun shall be deemed to include the plural as well as the singular and to cover all genders. The words “includes” and “including” when used herein shall be deemed to be followed by the phrase “without limitation” unless such phrase otherwise appears. Any reference to products, goods, or merchandise shall refer to the items offered for sale on the Website.
Lorem ipsum dolor sit amet, consectetur adipiscing elit