Last Updated: November 6, 2020
THE FOLLOWING CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.
THESE TERMS REQUIRE THE USE OF ARBITRATION TO RESOLVE DISPUTES (OTHER THAN THE DISPUTES EXCLUDED HEREIN), RATHER THAN JURY TRIALS.
BY PLACING AN ORDER FOR PRODUCTS OR SERVICES FROM THIS WEBSITE, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT, AND YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS (AS AMENDED) NOT ONLY TO YOUR INITIAL ORDER BUT ALSO TO ALL SUBSEQUENT ORDERS.
YOU ACKNOWLEDGE AND UNDERSTAND THAT, UNLESS OTHERWISE SPECIFIED, THE GOODS SOLD BY GINA BOWHILL LLC ARE REPRODUCTIONS, WHICH ARE NOT REAL ANTIQUES. YOU ALSO ACKNOWLEDGE AND UNDERSTAND THAT GINA BOWHILL LLC IS NOT THE MANUFACTURER OF THE PRODUCTS SOLD AT “WWW.GINABOWHILL.COM”.
YOU ALSO ACKNOWLEDGE AND AGREE THAT THE PRODUCT(S) MAY CONTAIN LATENT CONDITIONS, SUCH AS ROTTED, BROKEN, OR WEAKENED COMPONENTS, MOLD/FUNGI OR WOOD EATING INSECTS OR EFFECTS THEREOF.
YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM THIS WEBSITE IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT WITH GINA BOWHILL LLC, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE'S CONTENTS, GOODS OR SERVICES BY APPLICABLE LAW.
These terms and conditions (these “Terms”) apply to the purchase and sale of products and services through www.ginabowhill.com (the “Site”). These Terms are subject to change by Gina Bowhill LLC, a Texas limited liability company (referred to as “us”, “we”, or “our” as the context may require) without prior written notice at any time, in our sole discretion. Any changes to the Terms will be in effect as of the “Last Updated Date” referenced on the Site. You should review these Terms prior to purchasing any product or services that are available through this Site. Your continued use of this Site after the “Last Updated Date” will constitute your acceptance of and agreement to such changes.
ORDER ACCEPTANCE AND CANCELLATION
You agree that your order is an offer to buy, under these Terms, all products and services listed in your order. All orders must be accepted by us or we will not be obligated to sell the products or services to you. We may choose not to accept orders at our sole discretion, even after we send you a confirmation email with your order number and details of the items you have ordered.
CANCELLATION OF ORDERS
At our sole discretion, we may allow you to cancel an order. We will not issue refunds for cancellations – only store credits. The amount of such credit is also solely the discretion of Gina Bowhill.
ALL SALES ARE FINAL
You rely upon no representations by Gina Bowhill LLC as to the condition of the goods purchased or their fitness for any intended use. You also acknowledge that you had ample opportunity to inspect the products and/or hereby waives the opportunity to inspect the products. You agree that the products are conforming or agree to accept the products despite their non-conformity. You hereby waive any and all rights to revoke acceptance or rescind this sale.
RETURNS. ALL SALES ARE FINAL
We do not offer refunds, reduction in price, or accept returns. At our sole discretion, we may offer a refund, reduction in price, or a return. No refunds, reductions, returns or damaged goods will be accepted without a written return authorization issued by us. Returns are subject to a 35% handling and restocking charge, except for goods shipped in error. Store credit will be issued for any authorized returns, refunds, or reductions in price.
You are responsible for all shipping and handling charges on returned items unless otherwise specified. You bear the risk of loss during shipment. We, therefore, strongly recommend that you fully insure your return shipment against loss or damage and that you use a carrier that can provide you with proof of delivery for your protection.
MANUFACTURER'S WARRANTY AND DISCLAIMERS
We do not manufacture or control any of the products or services offered on our website.
The availability of products or services through our website does not indicate an affiliation with or endorsement of any product, service or manufacturer.
Accordingly, we do not provide any warranties with respect to the products or services offered on our website.
However, some products offered on our website are covered by the manufacturer's warranty as detailed in the product's description on our website and included with the product. To obtain warranty service for defective products, please follow the instructions included in the manufacturer's warranty.
ALL PRODUCTS AND SERVICES OFFERED ON THIS SITE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY (A) WARRANTY OF MERCHANTABILITY; (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (C) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.
SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
YOU AFFIRM THAT WE SHALL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY BREACH OF WARRANTY CLAIMS OR FOR ANY DAMAGES ARISING OUT OF THE MANUFACTURER'S FAILURE TO HONOR ITS WARRANTY OBLIGATIONS TO YOU.
PRICES AND PAYMENT TERMS
All prices, discounts, and promotions posted on this Site 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. Price increases will only apply to orders placed after such changes.
Posted prices do not include taxes or charges for shipping and handling.
All such taxes and charges will be added to your merchandise total, and will be itemized in your shopping cart and in your order confirmation email.
We strive to display accurate price information, however we may, on occasion, make inadvertent typographical errors, inaccuracies or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.
We may offer from time to time promotions on the Site that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.
The following terms may be used by us to communicate pricing information:
“Sale” refers to a reduced price for a product or service.
“Clearance” refers to a reduced price for a product or service that will be discontinued.
“Antique” refers to an item (product) that may be desirable because of its age, beauty, rarity, condition, utility, personal emotional connection, and/or other unique features.
“Antique Reproduction” refers to a product that is not an Antique (as described above), but a reproduction of such an Antique product.
Terms of payment are within our sole discretion and, unless otherwise agreed by us in writing, payment must be received by us before our acceptance of an order.
We accept credit card payments, which are subject to a convenience fee. If you claim an exemption from any tax, you must give us our authorized sales agent the appropriate exemption certificates before any order will be placed.
You represent and warrant that (i) the credit card information you supply to us is true, correct and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted on the Site at the time of your order.
Gina Bowhill LLC offers a professional and quick delivery service with packing and trusted global couriers in order to deliver your purchased items from Gina Bowhill LLC’s headquarters safely to your door. If you require a quote from us for packing and shipping do not hesitate to contact us via e-mail at firstname.lastname@example.org.
With an international client base, we are extremely experienced at organizing shipping on your behalf. The couriers we recommend are professional, reliable and offer an insured and secure crating service. If you are based abroad and would like a quote please contact us via e-mail at email@example.com.
SHIPMENTS; IMPORT DUTIES; DELIVERY; TITLE AND RISK OF LOSS
We will arrange for shipment of the products to you. Please check the individual product page for specific delivery options. You will pay all shipping and handling charges specified during the ordering process. Shipping and handling charges are reimbursement for the costs we incur in the processing, handling, packing, shipping, and delivery of your order.
Title and risk of loss pass to you upon our transfer of the products to the carrier; therefore, you agree that we will not be responsible for any damage to products during transport and waives any right to a refund or reduction in price due to damage during transport. We recommend you purchase insurance for the shipment through the carrier, enough to cover for the price of the product being purchased.
You will also be responsible for and shall reimburse us for any and all import duties or charge of any kind imposed on or in connection with the importation or exportation of a product, including any form of surtax or surcharge imposed on or in connection with such importation or exportation.
Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.
NO CLAIM FOR REFUND, REDUCTION IN PRICE, RETURN, OR DAMAGES OF ANY KIND FOR KNOTS, GOUGES, CRACKS, AND NAIL HOLES.
Knots, gouges, cracks, and nail holes are characteristics of many of our products. Many of our products antiques or from European originals and naturally crack with time. Buyer agrees that characteristics such as knots, gouges, cracks, and nail holes do not constitute damage/defects characteristics regardless of when such characteristics occur or become noticeable and waives any and all claims for a refund, return or any type of damage claim. No refunds, returns or damage claims will be considered for these characteristics regardless of when such characteristics occur or become noticeable.
MEASUREMENTS AND AVAILABILITY
Our products conform to the examples displayed on our website. You understand the look and the characteristics of the hand finished goods. Measurements are approximations. Photography is a representation and is not an accurate representation of the color.
VARIATIONS IN GOODS
Because of the variation and aging in natural materials and hand finishing, we do not guarantee the grain or texture of wood or painted surfaces, the aging of patinas on wood, leafed or painted surfaces, marble, stone or any other natural materials.
Variation in product is expected because of the handcrafted nature of the products.
Due to environmental elements and relative humidity, wood will sometimes expand and shrink. Due to temperature changes, cracks sometimes appear in the goods.
You hereby waive any right to a refund, return, or any other claims regarding or arising out of cracks in wood, the grain or texture of wood or painted surfaces, the aging of patinas on wood, leafed or painted surfaces, marble, stone or any other natural materials claims of this nature, regardless of when such conditions occur or become noticeable.
Solely at our discretion, claims regarding cracks in wood, the grain or texture of wood or painted surfaces, the aging of patinas on wood, leafed or painted surfaces, marble, stone or any other natural materials claims of this nature may be assessed on an individual basis if they are received by us in writing within two months from date the complained of item was received.
BUYER SHALL DEFEND, INDEMNIFY & HOLD HARMLESS Gina Bowhill LLC, its agents and employees against any loss, damage claim, suit, liability, judgment or expense (including, without limitation, attorney’s fees and costs) arising out of or in connection with any injury, disease or death of persons or damages to or loss of any property or the environment or violation of any applicable laws or regulations resulting from or in connection with the use, installation, transportation or repair of the products purchased herein, WHETHER CAUSED BY THE CONCURRENT OR SOLE NEGLIGENCE OR STRICT LIABILITY OF GINA BOWHILL LLC OR ANY OF ITS AGENTS, EMPLOYEES OR SUPPLIERS.
NO LIABILITY FOR DELAY
Delivery dates and lead times are estimates only and subject to change; will not be liable for loss or damage due to delay or inability to deliver regardless of the reason for the delay or inability to deliver.
LIMITATION OF LIABILITY
IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, MULTIPLE, ADMINISTRATIVE, PUNITIVE OR ENHANCED DAMAGES, LOST PROFITS OR REVENUES OR DIMINUTION IN VALUE, ARISING OUT OF, OR RELATING TO, AND/OR IN CONNECTION WITH ANY BREACH OF THESE TERMS, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED.
OUR SOLE AND ENTIRE MAXIMUM LIABILITY, FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCTS YOU HAVE ORDERED THROUGH OUR WEBSITE.
THE LIMITATION OF LIABILITY SET FORTH ABOVE SHALL ONLY APPLY TO THE EXTENT PERMITTED BY LAW.
We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
GOVERNING LAW AND JURISDICTION
We operate from the United States of America. These Terms, their validity, construction, performance and enforcement shall be governed by the last of the State of Texas. All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the State of Texas without giving effect to any choice or conflict of law provision or rule (whether of the State of Texas or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of Texas.
CLAIMS, LEGAL ACTIONS, ARBITRATION, NO JURY TRIAL:
EXCEPT FOR ACTIONS TO COLLECT MONEY OWED BY YOU OR TO ENFORCE THE INDEMNITY PROVISIONS HEREIN, YOU AND GINA BOWHILL LLC, A TEXAS LIMITED LIABILITY COMPANY ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.
EXCEPT FOR ACTIONS TO COLLECT MONEY OWED BY YOU OR TO ENFORCE THE INDEMNITY PROVISIONS HEREIN, ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES THROUGH THE SITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.
The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this section. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section.
The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable, or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction.
If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced.
LEGAL FEES AND COSTS
IF GINA BOWHILL LLC PREVAILS IN ANY ACTION ARISING OUT OF THESE TERMS, INCLUDING ARBITRATION, YOU SHALL REIMBURSE ITS ATTORNEY’S FEES, EXPERT FEES, COURT COSTS AND ARBITRATION COSTS. YOU HEREBY WAIVE THE RIGHT TO RECOVER ATTORNEY FEES OR COSTS UNDER ANY CONTRACT, PROVISION, OR STATUTE.
The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by one or our duly authorized representatives.
If any provision of these Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.
You shall not be entitled to set-off any amounts due by you against any amount due to us in connection with these Terms.
This Website is offered and available to users who are 18 years of age or older. By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.
ACCESSING THE WEBSITE AND ACCOUNT SECURITY
We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.
You are responsible for both:
Making all arrangements necessary for you to have access to the Website.
If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
INTELLECTUAL PROPERTY RIGHTS
The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
You may store files that are automatically cached by your Web browser for display enhancement purposes.
You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
If we provide social media features with certain content, you may take such actions as are enable by such features.
YOU MUST NOT:
Modify copies of any materials from this site.
Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.
You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.