Terms of service
OVERVIEW
QuirkyBows is an online store operated by us. By using our website or making a purchase, you agree to the Terms of Service outlined here. These terms apply to all users of the site, including browsers, vendors, customers, merchants, and contributors of content.
Before accessing or using our website, please carefully read and understand these Terms of Service. If you do not agree to all the terms and conditions, you may not access the website or use any services. By accessing or using any part of the site, you are bound by these Terms of Service. Acceptance of these terms is necessary for engaging in our services.
Any new features or tools added to the store in the future will also be subject to these Terms of Service. The most current version of the terms can be reviewed on the designated page. We reserve the right to update, change, or replace any part of these Terms of Service by posting updates and/or changes on our website. It is your responsibility to periodically check for any modifications. Your continued use or access to the website following the posting of any changes constitutes your acceptance of those changes.
Our online store is hosted on Sheared Server ,which provides us with the e-commerce platform necessary for selling our products and services to you.
Section 1: Online Store Terms
Users must be of legal age or have parental consent to use the website.
Users must not use the products for any illegal or unauthorized purposes.
Users must not transmit harmful code or viruses.
Violation of these terms may result in the termination of services.
This section of the terms appears to be reasonable and in line with standard practices. It sets expectations for users regarding their age eligibility, appropriate use of products, and prohibits activities that could harm the website or its users. The inclusion of potential termination of services for violating these terms helps enforce compliance and protect the interests of the online store. However, it’s still advisable to review these terms with a legal professional to ensure they comply with applicable laws and adequately address your specific needs and circumstances.
Section 2: General Conditions
The website reserves the right to refuse service to anyone, at any time, and for any reason. User-generated content may be transmitted over networks and may be edited or adapted for technical requirements. Unauthorized use of the website or its content is prohibited.
These general conditions of the terms outline the website’s authority to decline service at its discretion, maintain control over the user base, and ensure a positive user experience. The provision regarding user-generated content acknowledges the possibility of technical modifications for compatibility purposes. Additionally, it prohibits unauthorized use of the website or its content to safeguard intellectual property rights and maintain the website’s integrity.
While these terms align with common practices for online stores, it is advisable to consult with a legal professional to ensure they are tailored to your specific circumstances and comply with the laws and regulations of India. This will help address any country-specific requirements and provide you with comprehensive legal protection.
Section 3: Accuracy, Completeness, and Timeliness of Information
The website is not responsible for the accuracy, completeness, or timeliness of the information provided. Users should consult primary sources for more accurate and up-to-date information.
This section of the terms acknowledges that the website cannot guarantee the accuracy, completeness, or timeliness of the information provided on the website. It emphasizes that users should seek information from primary sources for more reliable and up-to-date information.
Including this section helps manage user expectations and avoids potential liability for the website in case any information on the site is inaccurate or outdated. However, it’s important to ensure that the website still takes reasonable measures to provide accurate and reliable information to the best of its abilities.
It is always recommended to consult with a legal professional to ensure that the terms of service for your quirkybows online store comply with the laws and regulations of your country, specifically India, and accurately address your specific needs and circumstances.
Section 4: Modifications to the Service and Prices
4.1 Price Changes:
The prices for our products are subject to change without prior notice. We reserve the right to adjust the prices of our products at any time, but any changes will not affect orders that have already been placed.
4.2 Service Modifications or Discontinuation:
We reserve the right to modify, suspend, or discontinue the Service (or any part or content thereof) at any time without prior notice. This includes but is not limited to changes in features, functionalities, availability, or any other aspect of the Service. We shall not be held liable to you or any third party for any modification, price change, suspension, or discontinuance of the Service.
4.3 Notification of Changes:
While we strive to provide notice of any significant changes to the Service, including price changes, we are not obligated to do so. It is your responsibility to review the Terms of Service and other relevant information regularly to stay informed about any updates or modifications.
4.4 No Liability for Changes:
We shall not be held liable for any consequences or damages arising from any modifications, price changes, suspensions, or discontinuance of the Service. This includes any impact on your access to the Service, loss of data, or any other losses or damages incurred.
By continuing to use the Service after any modifications or changes have been made, you acknowledge and accept the updated Terms of Service and any associated modifications to the Service.
Section 5: Products or Services
5.1 Product Information: The product information provided on our quirkybows online store and e-commerce site is intended to be accurate and up-to-date. However, we do not guarantee the accuracy, completeness, or reliability of the product descriptions, images, pricing, or any other information.
5.2 Product Availability: While we strive to ensure that the products displayed on our quirkybows online store and e-commerce site are available for purchase, we cannot guarantee constant availability. Product availability is subject to change, and some items may be limited in stock.
5.3 Pricing: The prices of our products on the quirkybows online store and e-commerce site are subject to change without prior notice. We make efforts to provide accurate pricing, but errors may occur. In the event of a pricing discrepancy, we reserve the right to cancel or modify an order.
5.4 Product Orders and Acceptance: Placing an order through our quirkybows online store and e-commerce site constitutes an offer to purchase. We reserve the right to accept or decline any order at our discretion. In case of order cancellation or unavailability of products, we will provide a refund if necessary.
5.5 Product Use and Disclaimer: The use of our products purchased from the quirkybows online store and e-commerce site is at your own risk. We do not guarantee specific results or outcomes from product usage. Any reliance on the information provided is solely your responsibility.
5.6 Third-Party Links and Content: Our quirkybows online store and e-commerce site may contain links to third-party websites or display content from third-party sources. We are not responsible for the accuracy, safety, or reliability of such third-party links or content.
By using our quirkybows online store and e-commerce site, you acknowledge and agree to the terms and conditions outlined in this section regarding the products and services offered.
Section 6: Accuracy of Billing and Account Information
Reservation of Right to Refuse Orders: The store reserves the right to refuse any order and may impose restrictions on quantities purchased per person, household, or order. This includes orders under the same customer account, credit card, and billing or shipping address.
Notification of Order Changes or Cancellations: If the store makes changes to or cancels an order, it will attempt to notify the customer using the provided email address, billing address, or phone number.
Limitations on Orders: The store may limit or prohibit orders that, in its sole judgment, appear to be placed by dealers, resellers, or distributors.
Obligation to Provide Accurate Information: Customers are required to provide current, complete, and accurate purchase and account information. They are also responsible for promptly updating their account information, including email address and credit card details, to facilitate transactions and communication.
Reference to Returns Policy: The section references the store’s Returns Policy for additional details.
Section 7: Optional Tools
7.1 Optional Tools Description: Our online e-commerce site may provide optional tools or services offered by third parties that are not directly operated by us. These tools are provided for your convenience and may have their own terms and conditions. We do not control or take responsibility for the content or actions of these optional tools.
7.2 Use of Optional Tools: Your use of any optional tools or services on our online e-commerce site is entirely at your own risk and discretion. We do not provide any warranties or guarantees regarding their availability, accuracy, or reliability. It is your responsibility to decide whether to use these tools and bear any associated consequences.
7.3 Third-Party Links: Our online e-commerce site may contain links to third-party websites or resources that are not owned or controlled by us. We are not responsible for the availability, accuracy, or completeness of the content or services provided on these external websites. Your access to and use of such third-party links is at your own risk and subject to their respective terms and conditions.
7.4 No Endorsement: The inclusion of optional tools or third-party links on our online e-commerce site does not imply our endorsement or recommendation. We are not liable for any damages or losses resulting from your use or interaction with these tools or external websites.
7.5 Modification or Removal of Tools: We reserve the right to modify, suspend, or remove any optional tools or services provided on our online e-commerce site without prior notice. We are not liable for any consequences arising from such modifications, suspensions, or removals.
By using our online e-commerce site, you agree to abide by the terms and conditions outlined in this section concerning optional tools and third-party services.
Section 8: Third-Party Links
8.1 Third-Party Content and Services: Certain content, products, and services available on our online e-commerce site may include materials provided by third parties. These third-party links and materials are provided for your convenience and may have their own terms and conditions. We do not undertake to examine or evaluate the content or accuracy of these third-party materials.
8.2 No Liability for Third-Party Websites: Third-party links on our online e-commerce site may redirect you to websites that are not affiliated with us. We are not responsible for the content, accuracy, or reliability of these third-party websites. We do not warrant or assume any liability for any materials, products, or services provided by third parties.
8.3 Exclusion of Liability: We are not liable for any harm, damages, or losses incurred in connection with the purchase or use of goods, services, resources, content, or any other transactions made through third-party websites. It is your responsibility to review and understand the policies and practices of these third parties before engaging in any transactions.
8.4 Contacting Third Parties: Any complaints, claims, concerns, or questions regarding third-party products should be directed to the respective third party. We are not responsible for addressing or resolving any issues related to third-party products or services.
Please carefully review this section of our online e-commerce site’s terms of service concerning third-party links and materials.
Section 9: User Comments, Feedback, and Other Submissions
9.1 Submissions and Use of Comments: If we request specific submissions from you or if you voluntarily submit creative ideas, suggestions, proposals, plans, or other materials (collectively referred to as “comments”) to us, you agree that we may use, edit, copy, publish, distribute, translate, and utilize these comments in any medium, without any restrictions. We are not obligated to maintain comments in confidence, provide compensation for them, or respond to them.
9.2 Monitoring and Removal of Content: We may, but have no obligation to, monitor, edit, or remove any content, including comments, that we deem unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or objectionable, or that violates any intellectual property rights or these Terms of Service.
9.3 Compliance with Third-Party Rights: You agree that your comments will not infringe upon the rights of any third party, including copyright, trademark, privacy, personality, or other personal or proprietary rights. You also agree that your comments will not contain unlawful, abusive, obscene, or otherwise objectionable material, or any computer viruses or malware that could affect the operation of the Service or any related website. You must not use a false email address, impersonate someone else, or mislead us or third parties regarding the origin of any comments. You are solely responsible for the accuracy of the comments you make. We assume no liability for any comments posted by you or any third party.
Please carefully review this section of our online e-commerce site’s terms of service regarding user comments, feedback, and other submissions.
Section 10: Personal Information
Your submission of personal information through our online e-commerce site is subject to our Privacy Policy. To view our Privacy Policy, please refer to the appropriate link provided on our website.
Please ensure that you review our Privacy Policy to understand how we collect, use, and protect your personal information when you use our online e-commerce site.
Please verify and confirm that this section accurately represents your online e-commerce site’s terms of service regarding personal information.
Section 11: Errors, Inaccuracies, and Omissions
11.1 Occurrence of Errors: Occasionally, there may be information on our online e-commerce site or in the Service that includes typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability.
11.2 Right to Correct and Update Information: We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information, or cancel orders if any information in the Service or on any related website is found to be inaccurate, at our sole discretion and without prior notice, including after you have submitted your order.
11.3 No Obligation to Update Information: We are not obligated to update, amend, or clarify any information in the Service or on any related website, including pricing information, except as required by law. The absence of a specified update or refresh date should not be interpreted as indicating that all information in the Service or on any related website has been modified or updated.
Please review this section of our online e-commerce site’s terms of service regarding errors, inaccuracies, and omissions.
Section 12: Prohibited Uses
12.1 Unauthorized and Unlawful Activities: In addition to other prohibitions stated in the Terms of Service, you are strictly prohibited from using our online e-commerce site or its content for any unlawful purpose. You must not solicit others to engage in unlawful acts or violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances.
12.2 Intellectual Property Rights: You are prohibited from using our online e-commerce site to infringe upon or violate our intellectual property rights or the intellectual property rights of others.
12.3 Harassment and Discrimination: Using our online e-commerce site to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability is strictly prohibited.
12.4 False Information and Malicious Activities: Submitting false or misleading information, uploading or transmitting viruses or any other type of malicious code that could affect the functionality or operation of the Service or any related website, collecting or tracking the personal information of others, engaging in spamming, phishing, pharming, pretexting, spidering, crawling, or scraping, using the site for any obscene or immoral purpose, or interfering with or circumventing the security features of the Service or any related website, other websites, or the Internet is prohibited.
12.5 Termination for Prohibited Uses: We reserve the right to terminate your use of the Service or any related website if you violate any of the prohibited uses stated in this section.
Please review this section of our online e-commerce site’s terms of service regarding prohibited uses and confirm its accuracy.
Section 13: Disclaimer of Warranties; Limitation of Liability
13.1 Interruptions and Errors: We do not guarantee, represent, or warrant that your use of our online e-commerce service will be uninterrupted, timely, secure, or error-free. We do not warrant that the results obtained from the use of the service will be accurate or reliable.
13.2 Service Interruptions and Cancellation: You acknowledge and agree that we may, from time to time, remove the service for indefinite periods or cancel the service at any time without prior notice to you.
13.3 Use at Your Own Risk: You expressly agree that your use of the service is at your sole risk. The service and all products and services delivered to you through the service are provided “as is” and “as available,” except as expressly stated by us. We make no representation, warranties, or conditions of any kind, either express or implied, including but not limited to, implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
13.4 Limitation of Liability: In no case shall Cats&Bows, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including but not limited to, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability, or otherwise, arising from your use of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product.
This limitation of liability applies even if advised of the possibility of such damages. However, in jurisdictions where the exclusion or limitation of liability for consequential or incidental damages is not allowed, our liability shall be limited to the maximum extent permitted by law.
Please review this section of our online e-commerce site’s terms of service regarding the disclaimer of warranties and limitation of liability and confirm its accuracy.
Section 14: Indemnification
You agree to indemnify, defend, and hold harmless QuirkyBows and its parent company, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of:
(a) Your breach of these Terms of Service or the documents they incorporate by reference;
(b) Your violation of any law or the rights of a third party.
This indemnification provision ensures that you are responsible for any claims or demands brought against QuirkyBows and its associated entities as a result of your actions or failure to comply with the Terms of Service or applicable laws. You agree to cover any costs, including legal fees, incurred by QuirkyBows in defending against such claims.
Please note that the above modification is intended as a suggestion, and it is important to consult with legal professionals or review the specific terms and conditions of QuirkyBows to ensure accuracy and compliance with their provided documentation.
Section 15: Severability
Severability is a common provision found in the terms and conditions or terms of service of online stores and e-commerce sites. This provision states that if any part of the agreement or terms is found to be invalid or unenforceable, the remaining provisions will still be valid and enforceable.
In the context of an online store or e-commerce site, the Severability clause ensures that if a particular provision of the terms is deemed unlawful or unenforceable by a court or any relevant authority, it will not affect the validity or enforceability of the other provisions. The rest of the agreement will still remain in effect and continue to govern the relationship between the online store and its users or customers.
This provision is included to protect the interests of both the online store and its users. It ensures that if one provision of the terms is deemed unenforceable, the other provisions can still be relied upon to govern the rights and obligations of the parties involved.
To summarize, Section 15: Severability is a clause in the terms and conditions of an online store or e-commerce site that states that if any provision of the agreement is found to be invalid or unenforceable, the remaining provisions will still be valid and enforceable. short this