Terms & Conditions - Boho Betty USA

Terms & Conditions

Welcome to Boho Betty! This Web site located at www.Boho-Betty.com (this "Site") is owned and operated by Boho Betty USA, Inc. ("Company"). This Site and any purchases made through this Site are governed by the terms of service, use and purchase described below ("Terms"). By using this Site, purchasing items through this Site, you agree to be bound by these terms, so please review this entire page carefully. These Terms are designed to clearly provide you with general terms and conditions regarding purchasing products from Boho Betty and use of this Site.

You must be at least 18 years old to purchase Boho Betty products from this Site or to use Boho Betty' services. The Company reserves the right in its discretion to revise the Terms from time to time, so please review here for updates. By continuing to use or purchase products from this Site, you accept and agree to the Company's right to revise the Terms from time to time and to be bound by such changes, so long as they are promptly posted on the Site or emailed to the email account we have on record for you. If you do not wish to be bound to these Terms (or any revisions to these Terms), please do not use this Site or the Company's services.

PAYMENTS BY CREDIT CARD

For your convenience, when you place your first order, our payment processor will save your credit or debit card information and use it for all future purchases, unless you notify us online or through Customer Services.

SHIPPING
Shipping and handling charges are based on your subtotal order amount, calculated after applicable discounts and before sales tax. Rates are calculated as follows:

Standard Shipping

 Subtotal Amount

48 Contiguous
United States

Alaska, Hawaii,
Puerto Rico, APO

Canada

Rest of World

$15 and above

FREE
4-10 Business Days

$3.00
7-10 Business Days

$3.00
7-10 Business Days

$13.25
1st Class International

$0 - $14.99

$3.00
4-10 Business Days

$3.00
7-10 Business Days

$3.00
7-10 Business Days

$13.25
1st Class International

  

*All delivery times above are based on average in-transit time. Orders shipped to Canada, P.O. Boxes and APOs/FPOs do not qualify for Rush Shipping.

As soon as your order ships, you will be provided with a tracking number via email.


RETURNS & EXCHANGES
If for any reason you are not happy with your selection, you can exchange an item for another item, or return it for a credit or refund, subject to the following terms and limitations.
Any items acquired with a Boho Betty credit or items purchased using a discount code or at a sale/reduced price can only be exchanged or returned for a Boho Betty credit. We only accept returns or exchanges up to 21 days from the original date of shipment. Any item to be returned or exchanged must be in new, unused and resalable condition. Any exchange or return should be sent back in the original, undamaged packaging, plus any accessories or extras that may have been included with the shipment. Due to our amazing pricing, we are required to charge a $5.95 restocking fee for all items returned for a refund. Items exchanged for another item or returned for a credit are not charged a restocking fee.

To make a return or exchange, please follow these steps:

• Obtain a Return label and packaging slip. This allows us to process your return. You can obtain the return label and packing slip by contacting Customer Services or dialing 954-364-7776 (toll free: 1 800-616-7647). Our Boho Betty Consultants will email you our pre-paid return shipping label. 
• Send the item back in the original, undamaged packaging.

• Attach the pre-paid return shipping label to your shipment and drop it off at any USPS.

PROMOTIONAL CODES

Discounts or Promotional Codes can only be used against full priced items.  Where there is a date limit on any Discount or Promotional Code it will cease to be valid at 23:59 Pacific time on that date.  All discounts are offered subject to stock availability.

FREE GIFT CARDS PROMOTIONS

When the opportunity to win a free Boho Betty Gift Card with a qualifying order is available, this is only open to retail customers and excludes Boho Betty staff, associates and their families. The winners will be notified by e-mail and Gift Cards issued to the winner(s) on the first working day of the month following the end of the promotion.

MAILING LIST SIGN UP OFFERS

From time to time we may offer incentives to join our mailing list, including discounts off a first purchase and the opportunity to win products or gift cards. Where we offer an initial discount, the code for this will be provided when you confirm your opt in to the list from the e-mail sent for this purpose.

Where we offer the chance to win products or gift cards, this offer will apply to new subscribers only from the date of publication until midnight, Pacific Time on the date shown in the offer. Only confirmed opt ins at the point of expiry of the offer will be eligible. The winner(s) will be chosen at random and notified by e-mail on the business day following the closure of the offer. 

BOHO BETTY AFFILIATE PROGRAM

Boho Betty may offer rewards for introducing customers, through an Affiliate Program. Acceptance into any Affiliate Program is at the absolute discretion of Boho Betty and on the terms and conditions set out in the application form. Rewards will take the form of commission payments, paid at the beginning of each month into an Affiliate's PayPal account. Affiliates must have a PayPal account to be accepted on to the scheme, and must provide details of that account at the time of application. All commission payments are paid in US Dollars. Boho Betty may discontinue any Affiliate Program at any time.

Commission payments are based on the net value of sales to customers referred an Affiliate - i.e. after any applicable discounts given have been subtracted from the value of the sale. Commission is not earned on any applicable taxes or shipping charges. Commission is paid at the applicable percentage rate. Boho Betty may change the applicable percentage rate at any time, without notice, but this will not affect commissions earned but not paid at the time of the change.

Affiliates will be provided with a personal link for sending potential customers to the Boho Betty website. This is used to track sales and attribute them to the appropriate Affiliate account. Only one Affiliate can be credited with each sale. Affiliates are responsible for ensuring that the details of their personal link are published correctly in any marketing material they create.

Affiliates may also be given one or more personal discount codes to assist them in their marketing efforts. Affiliates can decide whether or not to make these codes available to customers they refer to the site. When used at checkout, these discount codes will also result in the sale being attributed to the Affiliate to whom the code was issued. Affiliates are advised that should a customer visit the site without using their link and purchase using a code other then their personal discount code - such as a discount code issued by Boho Betty in the course of our marketing - that they will not be credited with that purchase. Affiliates should always publish their personal link in any marketing or publicity they create.

Boho Betty will credit Affiliates with commission only on purchases made. Boho Betty does not give commission for traffic sent to the site that does not result in a purchase. The purchase of gift cards does not qualify for commission and gift cards can not be purchased at a discount rate by using any promotional code. Affiliates will be credited for purchases made using a previously purchased gift card in full or part payment at checkout.

Affiliates are not employees of Boho Betty and are responsible for declaring any commission payments received for taxation purposes, in accordance with applicable legislation where they reside.

SALES TAX
You may be charged local sales tax, if applicable.

INTERNATIONAL ACCESS

This Site may be accessed from countries other than the United States. This Site may contain products or references to products that are not available outside of the United States. Any such references do not imply that such products will be made available outside the United States. If you access and use this Site outside the United States you are responsible for complying with your local laws and regulations. Boho Betty is not responsible for additional fees such as international shipping, processing fees and taxes, if applicable. Shopper must cover any applicable fees at the time of delivery, to accept the order.

YOUR USE OF THIS SITE
Your use of this Site for any illegal or unauthorized purpose is expressly prohibited. In consideration of your use of this Site, you agree to provide true and accurate information about yourself when creating an Account, and update your Account from time to time to keep it accurate. If you provide, or the Company has reasonable grounds to suspect that you have provided, information that is untrue, inaccurate, not current or incomplete, the Company has the right to suspend and refuse any and all current or future access by you to this Site or any portion thereof. Furthermore, if the Company has any reason to believe that you may be creating fraudulent accounts or engaging in any deceptive behavior while using this Site, the Company may suspend and refuse any and all current or future access by you to this Site or any portion thereof and may also refuse to honor any credits or other earned benefits.

The Company reserves the right at any time to modify or discontinue, temporarily or permanently, this Site or any part thereof with or without notice. You agree that the Company shall not be liable to you or to any third party for any modification, suspension or discontinuance of this Site or any part thereof. The following sections shall survive any termination of these Terms: "Copyright," "Indemnification," "Disclaimer of Warranties; Limitation of Liability," "Disputes and Dispute Resolution" (including all subsections) and "General."

This Site may be linked to other Web sites. You acknowledge and agree that the Company is not responsible for the availability of such external Web sites, and does not endorse and is not responsible or liable for any content, advertising, products and/or other materials on or available from such Web sites. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such Web site.

TYPOGRAPHICAL ERRORS

In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, Boho Betty shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. Boho Betty shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, Boho Betty shall immediately issue a credit to your credit card account in the amount of the charge.

COPYRIGHT
Unless otherwise indicated, this Site and all content contained therein, including but not limited to text, photographs, images, icons, graphics, trademarks, trade names, logos and software ("Content"), is owned by the Company and protected by applicable law. You agree not to copy, publish, use, display, transmit, modify, transfer, sell, reformat, distribute, create derivative works from, or in any way exploit the Content without the Company's prior written approval. In addition, any mechanized or systematic processes for harvesting information from this Site for any purpose is prohibited. Nothing contained in or on this Site should be construed as granting any license or right, by implication or otherwise, to use any of the Content at any time.

Copyright Boho Betty 2017. All rights reserved.

ACCOUNT CONFIDENTIALITY AND ACCESS
You are solely responsible for maintaining the confidentiality of your Account, all activities occurring under your Account and all access to and use of the Site by anyone using your Account, whether or not such activities and access are actually authorized by you, including but not limited to all communications, transactions and obligations. The Company shall not be liable or responsible for any loss or damage arising from any unauthorized use, access or any other breach of security of your Account, including but not limited to your member sign-in password and email address. You acknowledge and accept that your use of the Site is in compliance with these Terms. You further acknowledge and accept that the Company shall have no obligation to investigate the authorization or source of any Account activity, including purchase activity following a proper log-in to the Site, which is defined as a matching and current member sign-in and user password. You shall notify the Company immediately of any unauthorized access to your Account or any other unauthorized use of the Site.

You agree that the Company may, without prior notice, immediately terminate, limit your access to or suspend your Account based on any of the following: (a) breach or violation of these Terms; (b) upon request by law enforcement; (c) unforeseeable technical or security issues or problems; (d) extended periods of inactivity; or (e) fraudulent, deceptive or illegal activity, or any other activity which the Company believes is harmful to this Site or its business interests. You agree that any termination, limitation of access and/or suspension shall be made in the Company's sole discretion and that the Company shall not be liable to you or any third party for the termination, limitation of access and/or suspension of your Account.

INDEMNIFICATION
You agree to indemnify and hold the Company and its subsidiaries, affiliates, officers, agents and employees harmless from any and all liabilities, claims, demands, actions, suits, losses, obligations, judgments, proceedings, damages, expenses and costs (including reasonable attorneys' fees), based upon, arising from or related to (a) information or content submitted, transmitted or otherwise made available on or through this Site by you or any other person accessing the Site using your Account; (b) the use of, or connection to, this Site by you or any other person accessing the Site using your Account (including negligent or wrongful conduct); or (c) your breach or attempted breach of these Terms.

DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. THIS SITE AND THE PRODUCTS OFFERED ON THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, THAT THE OPERATION OF THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR AS TO THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE, UNLESS OTHERWISE SPECIFIED IN WRITING.

THE COMPANY SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF, OR THE INABILITY TO USE, THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE AND CONSEQUENTIAL DAMAGES, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

CERTAIN STATE LAWS MAY NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR 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 MAY HAVE ADDITIONAL RIGHTS.

IF YOU ARE DISSATISFIED WITH ANY PORTION OF THIS SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THIS SITE. IF A PRODUCT OFFERED ON THIS SITE IS NOT AS DESCRIBED, YOUR SOLE REMEDY IS TO RETURN IT IN ACCORDANCE WITH THE RETURN POLICY SET FORTH IN DETAIL ON THIS SITE.

DISPUTES AND DISPUTE RESOLUTION
GOVERNING LAW
Use of this Site and any purchases made through this Site, and any controversy, claim or dispute arising out of or relating in any way to your use of the Site, or products purchases through the Site, or your account shall be governed by the laws of the your home state of residence without respect to its choice (or conflict) of laws rules.

Both you and the Company waive the right to bring any controversy, claim or dispute arising out of or relating in any way to your use of the Site, your Account, or products purchased through the Site as a class, consolidated, representative, collective, or private attorney general action, or to participate in a class, consolidated, representative, collective, or private attorney general action regarding any such claim brought by anyone else. (This waiver, and the similar waiver specified for arbitration proceedings, are generally referred to herein as "the class action waiver.")

FORUM SELECTION/JURISDICTION
Jurisdiction and venue for any dispute shall be in Ft Lauderdale, Florida. Each party submits to personal jurisdiction and venue in that forum for any and all purposes.

AGREEMENT TO PRE-ARBITRATION NOTIFICATION
These Terms provide for final, binding arbitration of all disputed claims (discussed immediately below). The Company and you agree, however, that it would be advantageous to discuss and hopefully resolve any disputes before arbitration proceedings or any other proceedings authorized herein are initiated. In the event of a dispute, the claimant whether you or the Company shall send a letter to the other side briefly summarizing the claim and the request for relief. If the Company is the claimant, the letter shall be sent, via email, to the email account listed in your Account. If you are the claimant, the letter shall be sent to Boho Betty USA, Inc., Attn: General Counsel, Boho Betty USA Inc, 411 Walnut Street, Green Cove Springs, Florida 32043-3443. If the dispute is not resolved within 60 days after the letter is sent, the claimant may proceed to initiate arbitration proceedings or any other proceedings authorized herein.

AGREEMENT TO ARBITRATE CLAIMS
Except to the limited extent noted below, use of this Site, any purchases made through this Site, and any controversy, claim or dispute arising out of or relating in any way to your use of the Site, or products purchased through the Site shall be resolved by final and binding arbitration.

The arbitration shall take place in Ft Lauderdale, Florida in accordance with the Commercial Arbitration Rules and the Consumer-Related Disputes Supplementary Procedures of the American Arbitration Association. Unless either party or the arbitrator requests a hearing, the parties will submit their arguments and evidence to the arbitrator in writing. The arbitrator will make an award based only on the documents. This is called a Desk Arbitration. If any party makes a written request for a hearing within ten days after the American Arbitration Association acknowledges receipt of a claimant's demand for arbitration (or the arbitrator requests a hearing), the parties shall participate in telephone hearing. In no event shall the parties be required to travel to Ft Lauderdale to participate in the arbitration.

If you decide to commence arbitration, the provider will require to you to pay a filing fee (which currently is $125 for claims under $10,000. If your filing fee is more than $125, the Company will reimburse you for any excess fee promptly after it receives notice of your arbitration. If the arbitrator ultimately rules in your favor, the Company will also reimburse you for the $125 base fee.

If the arbitrator rules in your favor in any respect on the merits of your claim and issues you an award that is greater than the value of the Company's last written settlement offer made before an arbitrator was selected (or greater than zero if no offer was made), then the Company will pay you the amount of the award or $350, whichever is greater (in addition to reimbursing you for the base fee).

This arbitration agreement is subject to the Federal Arbitration Act and is enforceable pursuant to its terms on a self-executing basis. Either party may seek enforcement of this provision in any court of competent jurisdiction.

The arbitrator shall determine any and all challenges to the arbitrability of a claim. The arbitral award shall be judicially enforceable. Any court of competent jurisdiction may, and upon request shall, enter judgment on the arbitral award. Either party may seek confirmation (judgment on the award) and/or enforcement in any court of competent jurisdiction.

Notwithstanding any provision in the Commercial Arbitration Rules and the Consumer-Related Disputes Supplementary Procedures to the contrary, and with the exception of Desk Arbitrations, the Federal Rules of Evidence shall govern the admissibility of evidence in any arbitral proceeding.

Both you and the Company waive the right to bring any claim covered by this dispute resolution provision as a class, consolidated, representative, collective, or private attorney general action, or to participate in a class, consolidated, representative, collective, or private attorney general action regarding any claim covered by this dispute resolution provision brought by anyone else.

Notwithstanding any provision in the Commercial Arbitration Rules and the Consumer-Related Disputes Supplementary Procedures to the contrary, the arbitrator shall not have the authority or any jurisdiction to hear the arbitration as a class, consolidated, representative, or private attorney general action or to consolidate, join, or otherwise combine the claims of different persons into one proceeding.

If a proposed class, consolidated, representative, collective, or private attorney general action arbitration is initiated notwithstanding the above prohibition and it is finally determined by the arbitrator (or a court of competent jurisdiction) that the waiver specified herein is not enforceable, then the arbitration proceedings shall be bifurcated as follows and notwithstanding any provision in the Commercial Arbitration Rules and the Consumer-Related Disputes Supplementary Procedures to the contrary: 1. The issue of arbitrability shall be determined by the Arbitrator pursuant to the applicable rules and substantive law. 2. Assuming the Arbitrator concludes that the arbitration may proceed, said arbitration shall be stayed, and the issue of whether to certify any alleged or putative class for a class action (or other representative) proceeding shall be presented to and decided by a court of competent jurisdiction. The arbitrator shall not have authority or jurisdiction to decide class certification (or any similar representative action) issues. The decision to certify or not certify a class action (or to otherwise permit the action to proceed on a representative basis) shall be appealable in the judicial proceedings consistent with the rules and law governing the appeals of interlocutory decisions or class certification (or similar) rulings specifically, if appropriate. 3. Once any issues regarding class certification (and/or similar representative requirements) have been finally decided by the court, the arbitrator will have authority to decide the substantive claims on an individual or a class (or other representative) basis, as may be determined and directed by the court.

APPEAL RIGHTS
The arbitrator(s) shall not have the power to commit errors of law or legal reasoning, make clearly erroneous factual findings, or abuse his or her discretion, and the award may be vacated or corrected on appeal to a court of competent jurisdiction for any such error.

OPTING-OUT OF DISPUTE RESOLUTION PROCEDURE AND CLASS ACTION WAIVER
You may elect to opt out (exclude yourself) from the final, binding arbitration procedure and the class action waiver specified in these Terms by doing the following. Within 15 days of setting up your Account, you must send a letter to Boho Betty USA Inc, 411 Walnut Street, Green Cove Springs, Florida 32043-3443 that specifies (1) your name, (2) your account number or account member name, (3) your mailing address, and (4) your request to be excluded from the final, binding arbitration procedure and class action waiver specified in these Terms. All other Terms shall continue to apply to your Account, including the requirement to participate in pre-dispute mediation. Notwithstanding any provision in these Terms to the contrary, we agree that, if the Company makes any future change to the dispute resolution procedure and class action waiver provisions (other than a change to the Company's address), you may reject any such change by sending a letter to the Company within 15 days of the change to the address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this provision Your letter must be postmarked by the applicable 15-day deadline to be effective. You are not required to send the letter by confirmed mail or return receipt requested, but it is recommended that you do so. Your request to be excluded will only be effective and enforceable if you can prove that the request was postmarked within the applicable 15-day deadline.

UNSOLICITED IDEAS SUBMISSION POLICY

Boho Betty appreciates your enthusiasm and excitement for our brand. However, our company policy does not allow us to accept or consider any unsolicited ideas, suggestions, proposals, comments or materials ("Submissions"). The purpose of this policy is to avoid any potential misunderstandings when Boho Betty's products, services, advertising or branding might appear to be similar or identical to ideas submitted to Boho Betty. 

TERM OF IDEA SUBMISSIONS 

If, despite our policy, you still choose to submit your ideas to Boho Betty, then regardless of what your letter or submission states, the following terms shall apply to your Submissions:

  • BOHO BETTY will consider the Submissions to be non-confidential and non-proprietary;
  • Your submissions and their contents will become the property of BOHO BETTY, without the possibility of compensation to you;
  • BOHO BETTY shall have no obligations regarding the Submissions, including but not limited to, any obligation to review, return any materials or acknowledge receipt of any Submissions.
  • BOHO BETTY may use, modify, redistribute, or disclose the Submissions, in whole or in part, for any purpose and in any way, without the possibility of any compensation to you or any third party.

FEEDBACK

BOHO BETTY is always pleased to receive feedback about any of its current products, services, advertising or branding. Please only provide specific feedback on current products, services, advertising or branding, and do not include ideas that our policy will not permit us to accept or consider. 

Any feedback you provide is deemed to be non-confidential and non-proprietary. Boho Betty shall be free to use such information on an unrestricted basis, without any compensation to you or any third party.


GENERAL
These Terms and the Company's Privacy Policy constitute the entire agreement between you and the Company and govern your use of this Site and supersede any prior version of these Terms between you and the Company with respect to this Site.

The failure of the Company to exercise or enforce any right or provision of these Terms shall not constitute a waiver or relinquishment to any extent of the Company's right to assert or rely upon any such provision or right in that or any other instance, and the same shall be and remain in full force and effect. If any provision of these Terms is found by a court of competent jurisdiction, statute, rule or otherwise to be invalid, the parties nevertheless agree that the remaining provisions shall not be affected thereby and shall continue in full force and effect, and such provision may be modified or severed from these Terms to the extent necessary to make such provision enforceable and consistent with the remainder of these Terms.

Except where otherwise specified, the Company may deliver notice to you by means of electronic mail, a general notice on the Site or by other reliable method.

Updated May 10th, 2016