Website terms and conditions for use.
Before you place an order, if you have any questions relating to these terms and conditions or our Order and Returns Policy please contact our Customer Service Representatives via the Support link which can be found on each page of this website.
These Conditions apply to all purchases of Products sold through our Website and prevail over any other terms or conditions contained in or referred to elsewhere or implied by trade, custom or course of dealing. Any purported terms or provisions to the contrary are hereby excluded to the fullest extent legally permitted. We reserve the right to vary or alter these Conditions without notice (to the fullest extent permitted under applicable law).
Use of the Website
Access. You are provided with access to this Website in accordance with these Conditions and any orders placed by you must be placed strictly in accordance with these Conditions. You are responsible for making all arrangements necessary for you to have access to our Website. You are also responsible for ensuring that all persons who access our Website through your internet connection are aware of these Conditions and that they comply with them.
The Website is intended for use by people resident in the United States of America. We reserve the right to reject orders from individuals based outside the USA.
If you choose, or you are provided with, a user identification code, 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 third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these Conditions.
By placing an order through our Website, you warrant that:
(a) you are legally capable of entering into binding contracts; and
(b) you are at least 18 year old;
(c) you are resident in the United States; and (d) you are accessing our Website from the United States.
We may modify or withdraw, temporarily or permanently, this Website (or any part thereof) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the Website.
We may change the Conditions from time to time, and your continued use of the Website (or any part thereof) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Conditions have been changed. If you do not agree to any change to the Conditions then you must immediately stop using the Website.
Third party links
To provide increased value to our Users, we may provide links to other websites or resources for you to access at your sole discretion. You acknowledge and agree that, as you have chosen to enter the linked website we are not responsible for the availability of such external sites or resources, and do not review or endorse and are not responsible or liable, directly or indirectly, for (i) the privacy practices of such websites, (ii) the content of such websites, including (without limitation) any advertising, content, products, goods or other materials or services on or available from such websites or resources or (iii) the use to which others make of these websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such advertising, content, products, goods or other materials or services available on such external websites or resources.
You agree to fully indemnify, defend and hold us, and our officers, directors, employees, agents and suppliers, harmless immediately on demand, from and against all claims, liability, damages, loses, costs and expenses, including reasonable legal fees, arising out of any breach of the Conditions by you or any other liabilities arising out of your use of this Website, or the use by any other person accessing the Website using your shopping account and/or your personal information.
Purchase of products
In so far as it is in our power to do so, we will take all reasonable care to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from the Website.
See our Orders and Returns Policy Informationthat is incorporated into these Conditions for more information.
Contract creation and electronic contracting.
(a) the Product you ordered being unavailable from stock.
The technical steps required to create the contract between you and us are as follows:
You place the order for your products on the Website by pressing the confirm order button at the end of the checkout process.
You will be guided through the process of placing an order by a series of simple instructions on the Website.
We will send to you an order acknowledgement email detailing the Products you have ordered. This is not an order confirmation or order acceptance from bowensusa.com.
When your Product is shipped from our warehouse we will send you a dispatch confirmation email.
Order acceptance and the completion of the contract between you and us will take place on the dispatch to you of the Products you have ordered unless we have notified you that we do not accept your order, or you have cancelled it in accordance with the cancel an order instructions.
Non-acceptance of an order may be a result of one of the following:
(b) our inability to obtain authorisation for your payment.
(c) the identification of a pricing or product description error.
(d) you not meeting the eligibility to order criteria set out in these Conditions.
The contract will be concluded in English.
The details of your specific contract will not be filed by bowensusa.com. If you do require any information regarding orders you have placed with bowensusa.com please write to us at the following address:
Bowens International Ltd,
1111 N. Cherry St, Chicago,
IL 60642, USA.
Risk and Title.
The Products will be at your risk from the time of delivery.
Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.
Please note that, if you are contracting as a consumer, you are entitled to cancel this contract if you wish provided that you exercise your right and notify us no longer than 7 Working Days after the day you receive the Products.
If you wish to exercise your right to cancel this contract after your order has already been dispatched, we will refund the original purchase price and delivery charge, provided that you have notified us in writing no longer than 7 Working Days after the day on which you receive the Products, and that you have taken reasonable care of the Products and not used them. Please follow the procedure set out in the Order and Returns Information Policy.
Please note that your right to return Products does NOT apply to bespoke Products made to your specification unless they are faulty.
Description of products.
Each Product purchased is sold subject to its Product Description which sets out additional specific conditions related to that Product including, without limitation, terms and conditions concerning estimated delivery charges, warranties, and after-sales service.
We will take all reasonable care to ensure that all details, Product Descriptions and prices of Products appearing on the Website are correct at the time when the relevant information was entered onto the system. Although we aim to keep the Website as up to date as possible, the information including Product Descriptions appearing on this Website at a particular time may not always reflect the position exactly at the moment you place an order. We cannot confirm the price of a Product until your order is accepted in accordance with our order acceptance policy and this may differ at that time from the price originally indicated on the Website.
All Product Descriptions, specifications, illustrations, drawings, particulars, dimensions, performance data and other information on the Website or made available by us are intended to represent no more than a general illustration of the Products and do not constitute a warranty or representation by us that the Products will conform with the same.
We have the right at any time prior to our acceptance of an order to withdraw any discount and/or to revise prices to take into account increases in costs including (without limitation) costs of any materials, carriage, labour or the increase or imposition of any tax, duty or other levy and any variation in exchange rates. We also reserve the right to notify you of any mistakes in Product Descriptions or errors in pricing prior to Product dispatch. In such event if you choose to continue with fulfillment of the order, you acknowledge that the Product will be provided in accordance with such revised description or corrected price.
All Products are covered by a two-year warranty against any faulty design, materials and workmanship. In addition we warrant to you that any Product purchased from us through our Website will, on delivery will be of satisfactory quality and be reasonably fit for all the purposes for which Products of that kind are commonly supplied.
If a Product does not work on arrival, or up to a maximum period of four weeks from the date of dispatch of the Product, it should be returned along with full details in writing of the alleged defects to the dealer/retail outlet from where is was purchased for where applicable exchange (subject to stock availability). If the faulty unit was part of a kit, the dealer/retailer may choose to only replace the unit and not the entire kit.
Alternatively the dealer may offer to repair the unit as soon as possible at no charge.
If neither an exchange nor repair is possible for the faulty unit, then a full refund may be made.
If a warranty fault occurs after the initial four-week period (and within the maximum two year warranty period), then the unit should be returned along with full details in writing of the alleged defect to the place of purchase, who will arrange where applicable to repair the unit as soon as possible, at no charge.
This warranty does not apply to consumable items such as flash tubes, modelling lamps, fuses or consumable type batteries.
Should a unit be returned at any time within the two year warranty period, and it is judged to have experienced any of the following;
Failure by user to follow working instructions correctly, accidental or willful damage, misuse, alteration or repair by a non authorised Bowens service/repair centre, then the warranty will be deemed invalid and any repairs required will be payable by the owner.
The dealer, in advance of undertaking any work that may be required, should notify the cost of any repairs to the owner.
No warranty repairs can be undertaken to any units without proof of purchase.
All warranty repairs or returns must be conducted with the dealer from where the product was purchased. In the case of purchases from this Website the return should be made to Bowens International Ltd, 1111 N.Cherry Avenue, Chicago, IL 60642.
Other terms and conditions may be applicable in specific countries, if stated at the time of purchase.
Promotional discount codes offered by bowensdirect.com are valid only for use as part of a purchase made via bowensdirect.com, unless otherwise stated, such promotional discounts are not valid for use as part of a purchase in any other Bowens retailer.
Intellectual property and right to use.
You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content supplied as part of the Website shall remain at all times vested in us. You are permitted to use this material only as expressly authorised by us.
You acknowledge and agree that the material and content contained within the Website is made available for your personal non-commercial use only and that you may print off one copy or (if necessary to make a purchase) download such material and content onto only one computer hard drive for such purpose. Any other use of the material and content of the Website is strictly prohibited. You agree not to copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content other than as set out here.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any contributors) as the authors of material on our Website must always be acknowledged.
You must not use part of the materials on our Website for commercial purposes without obtaining a license to do so from us or our licensors.
If you print off, copy or download any part of our Website in breach of these Conditions, your right to use our Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
Compliance with laws.
The Website may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding the website and any transactions conducted on or through the Website.
Limitation of liability.
While we will use reasonable endeavours to verify the accuracy of any information we place on the Website, we make no warranties, whether express or implied in relation to its accuracy. The Website is provided on an "as is" and "as available" basis without any representation or endorsement made and we make no warranties of any kind, whether express or implied, in relation to the Website, or any transaction that may be conducted on or through the Website including but not limited to, implied warranties of non-infringement, compatibility, security, accuracy, conditions of completeness, or any implied warranty arising from course of dealing or usage or trade.
We make no warranty that the Website will meet your requirements or will be uninterrupted, timely or error-free, that defects will be corrected, or that the Website or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the Website. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the Website.
Save for the two year warranty incorporated into these Conditions, we disclaim to the fullest extent permissible under applicable law, any and all warranties of any kind, whether express or implied, in relation to the products. This does not affect your statutory rights as a consumer, nor does it affect your contract cancellation rights.
We will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise out of or in connection with the conditions for:
Any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings); or any loss of data, goodwill or reputation; or any special, direct or indirect losses suffered or incurred by that party arising out of or in connection with the provisions of any matter under the conditions.
Notwithstanding the foregoing our liability for any losses you suffer as a result of us breaking these Conditions is strictly limited to the purchase price of the Products supplied by us to you.
Nothing in the conditions shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our servants, agents or employees or for any breach of the obligations implied by section 12 of the Sale of Goods Act 1979 or defective Products under the Consumer Protection Act 1987.
If any part of these Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from the Conditions and shall not affect the validity and enforceability of any of the remaining provisions of the Conditions.
No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision.
Each provision of these Conditions shall be construed as separately applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in any circumstances.
These Conditions govern our relationship with you. Any changes to these Conditions must be in writing and signed by both parties. In this way, we can avoid any problems surrounding what Bowens International and you are expected to do. You confirm that in entering into a contract you are agreeing to accept these Conditions, you have not relied on any representation or warrant (whether made innocently or negligently) save insofar as the same has expressly been made a term of these Conditions and you agree that you shall have no remedy in respect of any such representation or warranty. Your statutory rights are not affected by these Conditions. Nothing in this paragraph shall limit or exclude our liability in respect of any fraudulent or negligent misrepresentation whether or not such has become a term of these Conditions.
You agree that our only liability in respect of any representations or warranties expressly set out in these Conditions (whether made innocently or negligently) will be for breach of contract.
We shall not be liable to you nor held in breach of contract for any loss or damage which may be suffered as a direct or indirect result of us being prevented, hindered or delayed in the performance by reason of any circumstances beyond our reasonable control including (but not limited to) any act of God, war, riot, civil commotion, government action, explosion, fire, flood, storm, accident, strike, lock-out, trade dispute or labour disturbance, breakdown of plant or machinery, interruption in the supply of power or materials and in such event we may elect to cancel your order and refund any payments made.
These Conditions shall be governed by and construed in accordance with the laws of England and you irrevocably submit to the exclusive jurisdiction of the courts of England.
The registered company address of Bowens International Ltd is 355-357 Old Road, Clacton on Sea, Essex, CO15 3RH, United Kingdom.