Terms of service
OVERVIEW
Welcome to Books by Bowers! The terms "we", "us" and "our" refer to Books by Bowers. Books by Bowers operates this store and website, including all related information, content, features, tools, products and services in order to provide you, the customer, with a curated shopping experience (the "Services"). Books by Bowers is powered by Shopify, which enables us to provide the Services to you.
The below terms and conditions, together with any policies referenced herein (these "Terms of Service" or "Terms"), describe your rights and responsibilities when you use the Services.
Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.
By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or Privacy Policy, you should not use or access our Services.
SECTION 1 - ACCESS AND ACCOUNT
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase or manage.
To use the Services, including accessing or browsing our online store or purchasing any of the products or services we offer, you may be asked to provide certain information, such as your email address, billing and payment information. You represent and warrant that all information you provide in our store is correct, current and complete and that you have all rights necessary to provide this information.
You are solely responsible for maintaining the security of your account credentials and for all of your account activity. You may not transfer, sell, assign or license your account to any other person.
SECTION 2 - OUR PRODUCTS
We have made every effort to provide an accurate representation of our products and services in our online store. However, please note that colours or product appearance may differ depending on the device and settings used to access the store.
We do not warrant that the appearance or quality of any products or services purchased by you will meet your expectations or be exactly the same as depicted or rendered in our online store.
All descriptions of products are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities of any products that we offer to any person, geographic region or jurisdiction, on a case-by-case basis.
SECTION 3 - ORDERS
When you place an order, you are making an offer to purchase. Books by Bowers reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until Books by Bowers confirms acceptance. We must receive and process your payment before your order is accepted.
Please review your order carefully before submitting, as Books by Bowers may be unable to accommodate cancellation requests after an order is accepted. If we do not accept, make a change to, or cancel an order, we will attempt to notify you using the contact information provided at the time the order was made.
Your purchases are subject to our Refund Policy.
You represent and warrant that your purchases are for your own personal or household use and not for commercial resale or export.
SECTION 4 - PRICES AND BILLING
Prices, discounts and promotions 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.
Unless otherwise expressly stated, posted prices do not include any taxes or other charges that may apply.
We may offer promotions on the Services from time to time 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.
You agree to provide current, complete and accurate purchase, payment and account information for all purchases made through our store and to promptly update that information as necessary.
SECTION 5 - DIGITAL DELIVERY
All products currently sold by Books by Bowers are digital eBooks. No physical products are shipped and no shipping charges apply.
Digital purchases are delivered electronically after payment has been successfully completed. Customers are responsible for providing a valid email address and ensuring that their device is capable of accessing the digital file.
If you experience difficulty receiving or accessing your purchase, please contact us through the Contact page on the Books by Bowers website.
SECTION 6 - INTELLECTUAL PROPERTY
Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics, product reviews, video and audio, and the design, selection and arrangement thereof, are owned by Books by Bowers, its affiliates or licensors and are protected by New Zealand and international copyright and other intellectual property laws.
These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, store or transmit any material on the Services without our prior written consent, except for downloading purchased digital products for your own personal use.
Except as expressly provided herein, nothing in these Terms grants or shall be construed as granting a licence or other rights to you under any patent, trademark, copyright or other intellectual property of Books by Bowers, Shopify or any third party. All rights not expressly granted herein are reserved.
Books by Bowers' names, logos, product and service names, designs and slogans are trademarks of Books by Bowers or its affiliates or licensors. Shopify's name, logo, product and service names, designs and slogans are trademarks of Shopify. All other names, logos, product and service names, designs and slogans on the Services are the trademarks of their respective owners.
SECTION 7 - OPTIONAL TOOLS
You may be provided with access to customer tools offered by third parties as part of the Services, which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider.
We may also, in the future, offer new features through the Services. Such new features shall also be deemed part of the Services and are subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
The Services may contain materials and hyperlinks to websites provided or operated by third parties, including embedded third-party functionality. We are not responsible for examining or evaluating the content or accuracy of third-party materials or websites you choose to access. If you leave the Services to access these materials or third-party sites, you do so at your own risk.
We are not liable for any harm or damages related to your access of third-party websites or your purchase or use of products, services, resources or content on third-party websites. Please review the third party's policies and practices before engaging in any transaction with them.
SECTION 9 - RELATIONSHIP WITH SHOPIFY
Books by Bowers is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our Store are made directly with Books by Bowers. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Books by Bowers, including any injury, damage, or loss resulting from purchased products and services. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with Books by Bowers.
SECTION 10 - PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy. Certain personal information may also be subject to Shopify's Privacy Policy.
Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services in order to provide and improve the Services. Information you submit to the Services may be transmitted to and shared with Shopify as well as third parties that may be located in countries other than where you reside. Please review our Privacy Policy for further information.
SECTION 11 - FEEDBACK
If you submit, upload, post, email or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans or other content ("Feedback"), you grant us a perpetual, worldwide, sublicensable, royalty-free licence to use, reproduce, modify, publish, distribute and display such Feedback in any medium for any purpose, including commercial use.
You represent and warrant that you own or have all necessary rights to any Feedback you provide and that your Feedback will comply with these Terms.
We may, but have no obligation to, monitor, edit or remove Feedback that we determine in our sole discretion to be unlawful, offensive or otherwise objectionable, or that violates any party's intellectual property rights or these Terms.
SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information in the Services that contains typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, offers or availability.
We reserve the right to correct errors, inaccuracies or omissions and to change or update information or cancel orders if information is inaccurate at any time without prior notice, including after you have submitted your order.
SECTION 13 - PROHIBITED USES
You may access and use the Services for lawful purposes only. You may not use the Services to violate any applicable law or regulation, infringe the intellectual property or other rights of another person, transmit malicious code, collect or track the personal information of others, send spam or other unsolicited material, impersonate another person or entity, or interfere with the security or operation of the Services.
You must not reproduce, duplicate, copy, extract, sell, resell or exploit any portion of the Services except as expressly permitted by these Terms.
We reserve the right to suspend, disable or terminate access to the Services if we determine that these Terms have been violated.
SECTION 14 - AGENTS
This section applies if you use, allow, enable or cause the deployment of an autonomous or semi-autonomous software agent ("Agent") to access, use or interact with the Services.
No Agent may access, use or interact with the Services unless it identifies itself appropriately and complies with applicable requirements and any measures we employ to control automated access.
We may limit, including by technical measures, whether and how an Agent accesses, uses or interacts with the Services. An Agent must not conceal its automated nature, circumvent CAPTCHAs or other security measures, or attempt to bypass measures intended to limit automated access.
SECTION 15 - TERMINATION
We may terminate this agreement or your access to the Services, or any part thereof, in our sole discretion where permitted by applicable law, and you will remain liable for all amounts due up to and including the date of termination.
Any provisions that by their nature should survive termination will continue to apply following termination.
SECTION 16 - DISCLAIMER OF WARRANTIES
The information presented on or through the Services is made available for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is at your own risk.
Except as expressly stated by Books by Bowers and to the extent permitted by applicable law, the Services and products offered through the Services are provided "as is" and "as available", without representations, warranties or conditions of any kind. Nothing in these Terms is intended to exclude or limit any rights that cannot lawfully be excluded or limited.
SECTION 17 - LIMITATION OF LIABILITY
To the fullest extent permitted by applicable law, Books by Bowers, its partners, directors, officers, employees, affiliates, agents, contractors, service providers and licensors, and Shopify and its affiliates, will not be liable for indirect, incidental, punitive, special or consequential damages arising from your use of the Services or products purchased through the Services.
Nothing in these Terms excludes or limits liability where such exclusion or limitation is prohibited by applicable law.
SECTION 18 - INDEMNIFICATION
To the extent permitted by applicable law, you agree to indemnify and hold harmless Books by Bowers, Shopify and our affiliates, partners, officers, directors, employees, agents, contractors, licensors and service providers from losses, damages, liabilities or claims arising from your breach of these Terms, your violation of applicable law or the rights of a third party, or your misuse of the Services.
SECTION 19 - SEVERABILITY
If any provision of these Terms of Service is determined to be unlawful, void or unenforceable, that provision shall be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms. Such determination will not affect the validity and enforceability of the remaining provisions.
SECTION 20 - WAIVER; ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of that right or provision.
These Terms of Service and any policies or operating rules posted by us on this site constitute the entire agreement and understanding between you and us regarding your use of the Services, superseding prior or contemporaneous agreements and communications relating to the Services.
SECTION 21 - ASSIGNMENT
You may not delegate, transfer or assign these Terms or any of your rights or obligations under them without our prior written consent. We may transfer or assign these Terms and our rights and obligations where permitted by applicable law.
SECTION 22 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of New Zealand, and you consent to the jurisdiction of the courts of New Zealand, subject to any consumer rights or jurisdictional protections that cannot lawfully be excluded.
SECTION 23 - HEADINGS
The headings used in these Terms are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 24 - CHANGES TO TERMS OF SERVICE
You can review the most current version of these Terms of Service at any time on this page.
We reserve the right to update, change or replace any part of these Terms of Service by posting updates and changes to our website. Where required by applicable law, we will provide notice of material changes.
SECTION 25 - CONTACT INFORMATION
Questions about these Terms of Service can be submitted through the Contact page on the Books by Bowers website.
Books by Bowers
New Zealand