Terms & Conditions
Last Revised August 29th, 2016
to the Josh & Nelly’s, LLC-Web site(s), which include but are not limited to
NellysBow-tique.com and NellysBowtique.com. The Sites are provided as a service
to our customers. Please review the following terms and conditions of use,
including an Arbitration Agreement, which govern your use of the Sites (the
YOUR USE OF THE SITES CONSTITUTES YOUR AGREEMENT TO FOLLOW AND BE BOUND BY THE AGREEMENT. WE RESERVE THE RIGHT TO UPDATE OR MODIFY THIS AGREEMENT AT ANY TIME WITHOUT PRIOR NOTICE. FOR THIS REASON, WE ENCOURAGE YOU TO REVIEW THE AGREEMENT WHENEVER YOU USE ANY OF THE SITES. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE THE SITES.
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event we make a change to or cancel an order, we will attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.
Right to Change Sites
We reserve the right, at any time in our sole discretion to: modify, suspend or discontinue the Sites or any service, content, feature or product offered through the Sites, with or without notice; charge fees in connection with the use of the Sites; modify and/or waive any fees charged in connection with the Sites; and/or offer opportunities to some or all users of the Sites. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site, or any service, content, feature or product offered through the Sites.
All content appearing on this Web site is the property of:
Josh & Nelly’s, LLC/Nelly's Bow-tique Copyright © 2016 Nelly's Bow-tique. All rights reserved. As a user, you are authorized only to view, copy, print, and distribute documents on this Web site so long as (1) the document is used for informational purposes only, and (2) any copy of the document (or portion thereof) includes the following copyright notice: Copyright © 2016 Nelly's Bow-tique. All rights reserved.
Unless otherwise noted, the Sites, and all features and materials on the Sites, including text, images, illustrations, designs, icons, photographs, video clips and other content, and the copyrights, trademarks, trade/bows, and/or other intellectual property in such materials (collectively, the "Contents"), are owned, controlled, or licensed by Josh & Nelly’s LLC, Nelly’s Bowtique and other trademarks appearing on the Sites are the trademarks of Josh & Nelly’s, LLC and/or its subsidiaries.
The Sites and the Contents are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the Sites for your personal use only. No right, title, or interest in any downloaded Content is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or exploit in any way any of the Contents or the Sites.
Unless otherwise specified, the Sites and the Contents are intended to promote Josh & Nelly’s, LLC’s products and services available in the United States. The Sites are controlled and operated by Josh & Nelly’s, LLC from its offices in the state of Georgia.
The content on this site does not
constitute medical advice. You should consult your doctor before wearing any
custom bow(s) on your person. Josh & Nelly’s, LLC/Nelly's Bow-tique is
not responsible for any medical or health problems that may result from your
engagement in wearing its product or any information you obtain from this site.
Young children should be monitored while wearing bow accessories, pulling off
bow pieces could cause a choking hazard if placed in the mouth or ingested.
Bow-ties, if forcefully manipulated, could cause a strangling hazard if NOT
worn appropriately under shirt collars. Pin-on is to be
carefully placed in safety clasp to keep from getting stuck with the needle. If you feel you are ill-equipped to
adhere to this advice you should not purchase items.
Josh & Nelly’s, LLC charges sales tax for merchandise ordered on this Web site based on the application to the state of Georgia’s sales tax rate.
Shipping and Delivery
At this time, Josh & Nelly’s, LLC/ Nelly's Bow-tique ships merchandise to locations within the United States and U.S. territories, including Alaska, Hawaii, Puerto Rico, Guam, and the US Virgin Islands. The risk of loss and title for all merchandise ordered on this Web site pass to you when the merchandise is delivered to the shipping carrier.
You may purchase merchandise from this Web site by using any one of the payment options listed in (link to Payment Options). Josh & Nelly’s LLC, reserves the right to change its payment procedures at any time without prior notice to you. Products may not be returned to Josh & Nelly’s, LLC/ Nelly's Bow-tique for full refund after the package has been opened and/or worn. Unopened packages may be returned within 14 days of the purchased shipment date.
Personal Information Submitted Through the Sites
WE WILL NOT SHARE, TRADE, AND/OR SELL YOUR PERSONAL INFORMATION TO ANY PARTY.
products displayed on Josh & Nelly’s, LLC’s Sites are available on NellysBow-tique.com
and NellysBowtique.com. The prices
displayed on the Sites are quoted in U.S. Dollars.
Certain products are available exclusively online through the Sites. These products may have limited quantities and are subject to return or exchange only through the Sites according to the applicable return policy.
Colors & Style
We have made every effort to display as accurately as possible the colors and styles of our products that appear on the Sites. We cannot guarantee that your computer monitor's display of any color or style will be accurate.
Errors, Inaccuracies, and Omissions
Occasionally there may be information on our Sites that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on the Sites are inaccurate at any time without prior notice (including after you have submitted your order).
User Comments, Feedback, and Other Submissions
Josh & Nelly’s LLC is pleased to hear from users and welcomes your comments regarding our products and services. Josh & Nelly’s, LLC’s company policy does not allow us to accept or to consider creative ideas, suggestions, proposals, plans, or other materials other than those we have specifically requested. We hope that you will understand that the intent of this policy is to avoid the possibility of future misunderstandings when projects developed by Josh & Nelly’s, LLC’s, employees and agents might seem to be similar to creative works submitted by users. Accordingly, while we value your feedback, we must ask that you do not send creative ideas, suggestions, proposals, plans, or other materials for our business. If, at our request, you send certain specific submissions (for example, contest entries, customer reviews or photographs) or without a request from us you send creative ideas, suggestions, customer reviews, photographs, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, "Comments"), you agree that Josh & Nelly’s, LLC. may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any Comments that you forward to Josh & Nelly’s, LLC. Josh & Nelly’s, LLC is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay compensation for any Comments; or (3) to respond to any Comments. Josh & Nelly’s, LLC has the right but not the obligation to monitor and edit or remove any Comments.
You agree that your Comments will not violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right. You further agree that your Comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Sites. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead Josh & Nelly’s, LLC or third parties as to the origin of any Comments. You are solely responsible for any Comments you make and their accuracy. Josh & Nelly’s, LLC takes no responsibility and assumes no liability for any Comments posted by you or any third party.
Links to Other Web Sites and Services
The Sites may contain links to other Web sites that are not under the control of Josh & Nelly’s, LLC. Josh & Nelly’s, LLC has no responsibility for the linked Web sites nor does linking constitute an endorsement of any linked Web site. If you use the links, you will leave the Sites and your activities may be governed by other terms and conditions and privacy practices. Links are provided solely for the convenience and information of the Sites' users.
You agree to defend, indemnify and hold Josh & Nelly’s, LLC harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees, due to your use of the Sites and/or your breach of any representation, warranty, or other provision of the Agreement.
DISPUTE RESOLUTION AND ARBITRATION
Mindful of the high cost of legal disputes, not only in dollars but also in time and energy, both you and Josh & Nelly’s, LLC agree to the following dispute resolution procedure: In the event of any controversy, claim, action or dispute arising out of or related to any transaction conducted on the Sites, or the breach, enforcement, interpretation, or validity of this Agreement or any part of it ("Dispute"), the party asserting the Dispute shall first try in good faith to settle such Dispute by providing written notice to the other party (by first-class or registered mail) describing the facts and circumstances (including any relevant documentation) of the Dispute and allowing the receiving party 30 days in which to respond to or settle the Dispute. Notice shall be sent
(1) Josh & Nelly’s, LLC. at: 225 Main Street, PO Box #234, Hiram GA 30141, Attn: Proprietor, or
(2) to you at your last-used billing address or the billing and/or shipping address in your online profile.
Both you and Josh & Nelly’s, LLC agree that this dispute resolution procedure is a condition precedent which must be satisfied prior to initiating any arbitration or filing any claim against the other party.
With the exception of the Arbitration, which shall survive the termination of these terms, these terms are effective unless and until terminated by either you or Josh & Nelly’s, LLC. You may terminate this Agreement at any time. Josh & Nelly’s, LLC also may terminate this Agreement at any time without notice, and accordingly may deny you access to the Sites, if in our sole judgment you fail to comply with any term or provision of the Agreement. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this Agreement for all purposes.
This Agreement shall be governed by the laws of the State of Georgia. The waiver of any provision of the Agreement shall not be considered a waiver of any other provision or of Josh & Nelly’s, LLC’s right to require strict observance of each of the terms herein. If any provision of the Agreement is found to be unenforceable or invalid for any reason, that provision shall be severable, and all other provisions shall remain in full force and effect. This Agreement constitutes the entire agreement between us relating to your use of the Sites.
VOID WHERE PROHIBITED: Although the
information on this Web site is accessible worldwide, not all products or
services discussed in this Web site are available to all persons or in all
geographic locations or jurisdictions. Josh & Nelly’s, LLC/ Nelly's
Bow-tique and the advertisers each reserve the right to limit the provision of
their products or services to any person, geographic area, or jurisdiction they
so desire and to limit the quantities of any products or services that they
provide. Any offer for any product or service made in the materials on this Web
site is void where prohibited.
MISCELLANEOUS: The Terms and Conditions constitute the entire agreement between you and Josh & Nelly’s, LLC/Nelly's Bow-tique with respect to this Web site. The Terms and Conditions supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written between you and Josh & Nelly’s, LLC/Nelly's Bow-tique with respect to this Web site. No modification of the Terms and Conditions shall be effective unless it is authorized by Josh & Nelly’s, LLC/Nelly's Bow-tique. If any provision of the Terms and Conditions is found to be contrary to law, then such provision(s) shall be constructed in a manner to closely reflect, as much as possible, the intentions of the parties, with the other provisions remaining in full force and effect.