Welcome
to the Bowen Island Botanicals, Ltd. Web site (the 'Site'), and
thank you for accessing our products and services. These Terms of
Use govern your use of our Site:
Ownership
This Site is owned and operated by Bowen
Island Botanicals, Ltd. ("BIB"). Any concerns or legal
claims regarding this Site should be addressed to:
Bowen Island Botanicals Ltd.
3851 Edgemont Blvd.
North Vancouver, BC V7R 2P9
or via email to: Email: info@bowenislandbotanicals.com
or Telephone: 1-800-926-7690.
Except where otherwise indicated, the content featured or displayed
on this Site, including, but not limited to, text, graphics, photographs,
images, moving images, sound, illustrations and software, belong
to BIB, its licensors and its content providers, and is protected
by copyright, trade dress, moral rights, trademark and other laws
relating to intellectual property rights, to the fullest extent
applicable under the laws of Canada, the United States and other
countries. Unauthorized use of the materials available on this Site
could subject you to liability under copyright, trademark, trade
dress, unfair competition, and other laws of Canada, the United
States and applicable foreign laws.
License
BIB authorizes you to copy materials on this
site to a hard drive for the purpose of viewing and using the Site
on your computer. You may also print portions of the Site in
hard
copy for the sole purpose of facilitating your personal, noncommercial
use and retention of information from the Site. You may not sell
or modify the material or reproduce, republish, display, publicly
perform, distribute, or otherwise use the material in any way
for
any public or commercial purpose unless expressly authorized in
writing by BIB. Unauthorized use of this material on any other
web
site or in a networked computer environment for any purpose is
prohibited.
Trademarks
BIB and Bowen Island Botanicals are trademarks of BIB, protected
under the laws of Canada, the United States and other countries.
Other parties' trademarks used, depicted or identified on this
Site are the property of their respective owners. Use on this Site of
the trademark(s) of any other party is not intended to imply BIB's
affiliation with or endorsement of that party, or that party's sponsorship
or endorsement of BIB, its products or services.
Links to Other Sites
This Site may contain links to web sites
not operated or maintained by BIB. These links are provided solely
as a convenience to you and not as an endorsement by BIB of the
contents of such third party web sites. BIB is not responsible
for
the content of the web sites of others and makes no representation
regarding the content or accuracy of materials on such web sites.
If you decide to access linked third-party web sites, you do
so
at your own risk, and waive any and all claims against BIB regarding
the inclusion of links to outside web sites or your use of those
web sites. The third party web sites may contain User Agreements
or Terms and Conditions to which you are subject while using
those
web sites. We encourage you to become familiar with the privacy
policies of any linked web site when you access that site.
Representations as to Content
BIB uses reasonable efforts to ensure
the accuracy, correctness and reliability of this Site'scontent,
but we make no representations or warranties as to the accuracy,
reliability, availability, completeness, or timeliness of any
information
or material on the Site. The use of the Site and the material is
at your own risk. The materials on this Site are provided for
promotional
and informational purposes only, and are not intended for any other
use, or as advertisements or endorsements of the products or
services
of any party other than BIB. The download speed and performance
quality of the audio and video materials available on this
Site
are only as good as your installed modem and existing software
permit. Changes are periodically made to the Site and may be
made at any
time.
The posting of job descriptions and informational materials about
BIB employment does not constitute an offer of employment. The posting
of information about investing in BIB does not constitute an offer
to sell or a public offering subject to securities regulations.
Limitations on BIB's Liability
DISCLAIMERS OF WARRANTIES: BIB DOES NOT WARRANT
THAT THE SITE WILL OPERATE ERROR-FREE OR THAT THIS SITE AND ITS
SERVER ARE FREE OF COMPUTER VIRUSES AND/OR OTHER HARMFUL MATERIALS.
IF YOUR USE OF THE SITE OR THE MATERIAL RESULTS IN THE NEED
FOR SERVICING OR REPLACING EQUIPMENT OR DATA, BIB IS NOT RESPONSIBLE
FOR THOSE COSTS. THE SITE AND MATERIAL ARE PROVIDED ON AN "AS
IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. BIB, TO THE
FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, INCLUDING
THE
WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES
RIGHTS, AND THE WARRANTY OF FITNESS FOR PARTICULAR PURPOSE. BIB
MAKES NO
WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR
TIMELINESS OF THE MATERIAL, PRODUCTS, SERVICES, SOFTWARE TEXT,
GRAPHICS, AND/OR
LINKS.
DISCLAIMER OF CONSEQUENTIAL DAMAGES: EXCEPT AS OTHERWISE REQUIRED
BY APPLICABLE LAW, NEITHER BIB NOR ITS DIRECTORS, EMPLOYEES, LICENSORS,
CONTENT PROVIDERS, AFFILIATES OR OTHER REPRESENTATIVES WILL BE LIABLE
FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION ANY DIRECT,
INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL AND EXEMPLARY DAMAGES,
ARISING FROM THE USE OR PERFORMANCE OF THIS SITE OR FROM ANY INFORMATION,
PRODUCTS OR SERVICES PROVIDED THROUGH THIS SITE, EVEN IF BIB HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
REMEDY: IF YOU ARE DISSATISFIED WITH THIS SITE, OR ANY PORTION THEREOF,
YOUR EXCLUSIVE REMEDY SHALLBE TO CEASE USING THE SITE.
Some U.S. states and foreign countries do not permit the exclusion
or limitation of implied warranties or liability for certain categories
of damages. Therefore, some or all of the limitations above may
not apply to you to the extent they are prohibited or superseded
by state or national provisions. BIB makes no representation of
any kind with respect to the applicability and enforceability of
laws or policies of countries other than Canada and the United States
over the content of this Site and the provisions of these Terms
of Use.
Software Licenses
Any software that may from time to time be
made available for downloading from the Site is protected by
copyright and may be protected by other rights. The use of such software
is
governed by the terms of the software license agreement or designated "Legal Notice" accompanying
such software. The downloading and use of such software is conditioned
on your agreement to be
bound by the terms of the License Agreement.
Governing Law
This Agreement shall be interpreted, construed
and governed by the laws of the Province of British Columbia, (including
the applicable federal laws of Canada), without reference to
its
laws relating to conflicts of law and not including the provisions
of the United Nations Convention on Contracts for the International
Sale of Goods. Each party consents and irrevocably attorns to
the
exclusive jurisdiction of the courts of the Province of British
Columbia and agrees not to contest the personal jurisdiction
of
these courts. Notwithstanding the foregoing, however, BIB shall
have the right to commence and prosecute any legal or equitable
action or proceeding before any court of competent jurisdiction
to obtain injunctive or other relief in the event that, in the
opinion
of BIB, such action is necessary or desirable.
Enforcement
Should any clause of these Terms of Use be
found unenforceable, wherever possible this will not affect any
other clause and each will remain in full force and effect. BIB's
failure to expressly enforce any provision of these Terms of
Use
does not waive its rights to enforce that or any other provision.
Modification/Integration
We reserve the right to change these Terms of Use, and other information
available on this Site, without notice. These conditions set out
the entire agreement between BIB and you relating to your use of
this Site.
TERMS AND CONDITIONS OF SALE
Last updated: February 1, 2005
THIS AGREEMENT GOVERNS YOUR PURCHASE OF
PRODUCTS AND SERVICES FROM Bowen Island Botanicals, Ltd.("BIB").READ
IT CAREFULLY! IT CONTAINS VERY IMPORTANT INFORMATION ABOUT YOUR
RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS
THAT MAY APPLY TO YOU. NO OTHER TERMS APPLY. BY PLACING AN ORDER
TO
PURCHASE
PRODUCTS OR SERVICES YOU ARE AGREEING TO THESE TERMS. IF YOU
DO NOT ACCEPT THESE TERMS, DO NOT PLACE YOUR ORDER. IF YOU HAVE
PLACED
AN ORDER AND DO NOT ACCEPT THESE TERMS, PLEASE CONTACT US IMMEDIATELY
TO CANCEL YOUR ORDER AND, IF APPLICABLE, RETURN YOUR PURCHASE
IN ACCORDANCE WITH OUR RETURN POLICY.
Definitions:
"Customer(s)" means any person
or persons placing an order for BIB Products or Services.
"BIB" means Bowen Island Botanicals, Ltd.
"Order" means any order for Product(s) or Service(s) placed
through any BIB sales or client services representative, agent
or ordered online through any web site controlled, operated or hosted
by BIB or any of its affiliates or business partners by or on
behalf of a Customer.
"Product(s)" means any botanical ingredients or botanical
products sold by BIB.
"Service(s)" means the formulation of unique botanical
products not listed for sale on the Site.
No Amendments to Agreement:
These terms and conditions may NOT be altered,
supplemented, or amended by the use of any additional document(s)
that purport to be an agreement of the parties. Any attempt to
supplement
or amend this document or to enter an Order for Product(s) or Services
which is subject to additional or altered terms and conditions
shall
be null and void.
Order Acceptance and Cancellation:
All Orders placed by Customers shall be subject
to acceptance by BIB. Placement of an Order by a Customer does
not constitute acceptance by BIB. Acceptance by BIB occurs when
BIB
issues an order confirmation to the Customer. BIB is not responsible
for typographical or other errors, including pricing errors,
and
reserves the right to cancel any Orders resulting from such errors.
Warranties:
BIB will fully refund, or at Customer's option
replace, any Product defective in materials or workmanship for
a period of 30 days from the date of receipt. With respect to
BIB's
Products and Services, BIB makes no warranties except as stated
herein. BIB's sole responsibility for any warranty claim is to
replace
the Product or Service or refund the Customer's purchase price
as set forth in BIB's return policy. BIB EXPRESSLY DISCLAIMS
ALL OTHER
WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, WHETHER ARISING
BY LAW, BY STATUTE, BY COURSE OF DEALING OR USAGE OF TRADE, INCLUDING
WITHOUT LIMITATION IMPLIED WARRANTIES AND CONDITIONS OF PERFORMANCE,
MERCHANTABLE QUALITY AND FITNESS FOR A PARTICULAR PURPOSE.
Disclaimer:
BIB's Privacy Policy, Ethics Statement and
Disclaimer in effect from time to time govern all Products and
Services provided by BIB under this Agreement. These policies
and statements
can be found at BIB's website or sent to you upon request to an
BIB representative. The information provided by BIB is intended
for your general knowledge only and is not a substitute for professional
medical advice or treatment for specific medical conditions.
Always
seek the advice of your physician or other qualified health care
provider before taking any BIB Products, or if you are pregnant
or lactating or have any questions regarding a medical condition,
including potential interactions or other possible complications.
Never disregard medical advice or delay in seeking it because
of
something you have read on a BIB website or in its printed materials.
The statements regarding BIB's Products and Services have not
been
evaluated by the Food and Drug Administration, Health Canada or
any other regulatory agency. BIB's Products and Services are
not
intended to diagnose, treat, cure or prevent any disease .
Payment Methods:
BIB accepts MasterCard, Visa, and American
Express credit cards for online Orders. If you wish to pay by cash
or certified check, please contact BIB's Client Services at 1-800-305-1212.
Payment Terms for Orders:
BIB will pre-authorize credit cards upon
the submission of an Order and will charge the pre-authorized credit
card for the full amount of the purchase price, plus shipping
and
handling, upon Order acceptance. Taxes may be charged based on
Customer's shipping address. BIB reserves the right to refuse
an Order and/or
reverse the pre-authorization of the purchase price if the particulars
of the Order and payment requirements do not satisfy its purchase
and delivery conditions. If a Customer cancels an order after
order
has been accepted by BIB, BIB reserves the right to charge a handling
charge Payment terms are subject to change without notice at
BIB's
sole discretion.
Changes to Products and Services:
BIB reserves the right to revise, update
and/or discontinue its Products and Services at any time without
notice. BIB will use all reasonable efforts to supply Products
and
Services that have the functional equivalence of those ordered
by the Customer, but changes between what is shipped or supplied
and
what is described on its web site or advertised in any other medium
may occur.
Return Policy:
BIB Labelled Finished Goods Product(s) ordered
by or on behalf of Customers may be returned, undamaged and with
the original packaging, for a full refund less handling charges
(refund based on the original payment method) within 30 days
of
the date of receipt. All returns of BIB labelled finished goods
must accompanied by a Return Authorization number and be post-marked
within 5 days of issue of such number). Shipping and handling
charges
are non-refundable. For more details on BIB's return policy, click
here.
To ship BIB labeled finished goods Product
back to BIB for return, you must first obtain a Return Authorization
number (RA#) from BIB's Client Services Department at 1-800-305-1212.
Products must be returned in their complete original packaging
and
the RA# must be noted on the outside of the returned Product's
packaging or other outer container. RA#s are only valid for 15
days from date
of issue. Customer shall be responsible for and prepay all shipping
charges and shall assume all risk of loss or damage to Product
while
in transit to BIB. If Customer returns Product to BIB (i) without
a valid RA# from BIB, or (ii) after the return period, or (iii)
without proper packaging, BIB retains the right to either refuse
acceptance of such return or charge Customer damage or restocking
fees. Customer hereby irrevocably authorizes BIB to charge such
fees to the Customer's credit card.
Note: Sales of all BIB bulk ingredients and private label finished
goods are final and are not subject to any returns or exchanges
by BIB.
Shipping and Handling/Risk of Loss/Title:
BIB does not guarantee the shipment of its
Products or Services outside of the United States and Canada. Shipment
to any other locations are at the risk of the Customer. Orders
are
generally shipped within 14 days after Order date and Customers
should allow 5-7 days for delivery inside the United States and
Canada. These shipping guidelines are for general reference only
and do not indicate a guarantee of service. Processing times
may
vary. Product prices posted on this site do not include shipping
and handling. BIB will use its discretion in selecting a reputable
carrier and appropriate means of shipment. BIB is not responsible
for any Products or Services lost or damaged in transit. Risk
of
loss and title to Product(s) passes from BIB to Customer upon our
delivery to the carrier. Product damage or non-delivery may be
reported
to BIB's Client Services Department at 1-800-305-1212.
International Shipments:
Customers located outside of the United States
and Canada ("International Customers") agree not to
order any Products or Services that are illegal to import into
their
country.
International Customers are responsible for compliance with their
local laws and checking with their local customs offices to determine
if the Products or Services can be lawfully imported. If a shipment
is seized by an international customs office for any reason and
not returned to BIB, BIB will not issue any refunds. If a shipment
is rejected by international customs and returned to BIB, BIB
will only refund the purchase price (excluding shipping and handling
charges) if the Products are received by BIB in their original
packaging
and condition.
Limitation of Liability:
BIB'S AGGREGATE LIABILITY SHALL BE LIMITED
TO THE PRICE PAID FOR PRODUCTS AND SERVICES. IN NO EVENT SHALL
BIB BE LIABLE TO ANY PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL
OR
CONSEQUENTIAL DAMAGES RESULTING FROM PERFORMANCE OR FAILURE TO
PERFORM UNDER THIS SALE, OR FROM THE FURNISHING, PERFORMANCE
OR USE OF ANY
PRODUCTS OR SERVICES SOLD PURSUANT HERETO, WHETHER DUE TO A BREACH
OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, OR OTHERWISE EVEN
IF
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BIB SHALL HAVE NO LIABILITY
FOR ANY INDIRECT OR PUNITIVE DAMAGES, OR FOR ANY CLAIM BY ANY
THIRD
PARTY EXCEPT AS EXPRESSLY PROVIDED HEREIN.
BIB SHALL HAVE NO LIABILITY WHATSOEVER TO ANY CUSTOMER (OR ANY REPRESENTATIVE,
AGENT OR HEALTHCAREPROFESSIONAL THEREOF) WHO USES BIB PRODUCTS IN
COMBINATION OR BLENDED WITH OTHER PRODUCTS. ALL SUCH COMBINATIONS
ARE BASED ON THE CUSTOMER'S SPECIFIC INSTRUCTIONS AND BIB ASSUMES
NO RESPONSIBILITY WHATSOEVER WITH RESPECT TO SUCH USE, (INCLUDING
PERFORMANCE, RESULTS OR ANY POTENTIAL COMPLICATIONS, INTERACTIONS
OR SIDE EFFECTS), OTHER THAN TO TEST THE BIB PRODUCTS DURING THE
MANUFACTURING PROCESS FOR THE DESIRED QUALITY AND QUANTITY AS ORDERED
BY THE CUSTOMER.
Taxes:
Prices may not include any applicable federal,
state, provincial or municipal sales, value-added or similar taxes.
Customer shall pay all such taxes. BIB is unable to process tax-exempt
sales on this site. Any customer entitled to a tax exemption
must
contact BIB's Client Services Department at 1-800-305-1212 for
personalized customer service.
Governing Law:
This Agreement shall be governed and construed
in accordance with the laws of the Province of British Columbia
(including the applicable federal laws of Canada), without giving
any effect to any principles of the conflict of laws or the United
Nations Convention on Contracts for the International Sale of
Goods.
Customer consents and irrevocably attorns to the exclusive jurisdiction
of the courts of Province of British Columbia.
Notice:
Any notice under this Agreement shall be in writing and may be given
by personal delivery, registered mail, email or by fax, addressed
to such party's regular postal address, email address or fax number
or such other postal address, email address or fax number as communicated
by one party to the other from time to time. Any notice shall be
conclusively deemed to be received, if given by personal delivery,
on the date of actual delivery thereof and, if given by registered
mail, on the fifth day following the date of mailing and, if given
by email, on the date that the receiving party acknowledges receipt
by email reply to the same email address from where the notice originated
and, if given by fax, on the first business day following the transmittal
thereof. If the party giving any notice knows or ought reasonably
to know of any actual or threatened interruptions of the mails,
such notice shall not be sent by mail but shall only be given by
personal delivery, email or fax.
Headings:
The section headings used herein are for
convenience or reference only and do not form a part of these terms
and conditions, and no construction or inference shall be derived
from them.
Enurement:
This Agreement shall be binding upon and
enure to the benefit of both parties and their respective heirs,
executors, administrators, successors and assigns.
Force Majeure:
BIB shall not be liable for any delay or
failure in performance caused by or resulting from acts of God,
fire, flood, accident, riot, war, government intervention, embargoes,
strikes, labor difficulties, terrorist acts, equipment failures
or any other causes beyond the control of BIB. Quantities are
subject
to availability. In the event of product shortage, BIB may allocate
sales and deliveries in its sole discretion.
Waiver/Invalidity:
Failure of BIB to insist upon strict performance
of any provisions hereof shall not be deemed awaiver of its right
and remedies. If any provision of this Agreement is deemed by
a
court to be unlawful, void or for any reason unenforceable, then
that provision shall be deemed severable from this agreement
and
shall not affect the validity and enforceability of any remaining
provisions.
Entire Agreement:
This Agreement sets forth the entire agreement
between the parties relating to the supply of the Products and
Services and supersedes any prior or simultaneous communications,
representations
or agreements with respect hereto, whether oral or written.
Online Customers:
The parties hereby agree that they may do
business electronically, including contract formation, order placement
and acceptance. Any orders placed by or on behalf of a Customer
and accepted by BIB through any website controlled, operated
or
hosted by BIB will create fully enforceable obligations that will
be subject to the terms hereof. All bowenislandbotanicals.com
web
sites are created and controlled by BIB in the Province of British
Columbia, Canada. As such, as described above, the laws of the
Province
of British Columbia (including the applicable federal laws of Canada)
apply to this Agreement, without giving any effect to any principles
of the conflict of laws or the United Nations Convention on Contracts
for the International Sale of Goods.
All rights reserved Copyright Bowen
Island Botanicals Ltd.1999-2005
3851 Edgemont Blvd.,North Vancouver, BC V7R 2P9 Tel: (604)-926-7690
Fax: (604) 926-7691 info@bowenislandbotanicals.com