Terms & conditions of use
As with all terms and conditions, these get a bit technical and we’re sorry if they sound rather formal. However, they are pretty standard and designed to enhance your e-shopping experience and make it as easy and secure as possible.
The terms and conditions apply to the use of the bodenusa.com website. By placing an order with us, you are agreeing to accept these terms and conditions (The Conditions).
Please note, these Conditions are subject to change at any time and without notice, and it is your responsibility to check these Conditions regularly before ordering products in case there are any changes. If you do not agree with the Conditions set out below, you should not use or access this website. Your use of our website constitutes your agreement to follow and be bound by these Conditions.
If you have any queries relating to the Conditions, please contact the Customer Service team before placing an order.
bodenusa.com is the US website of JP Boden Services Inc, 180 Armstrong Road, Pittston, PA, 18640-9628, United States, a corporation registered in Delaware. which is a wholly-owned subsidiary of JP Boden (Holdings) Limited, Boden House, 114 - 120 Victoria Road, London. NW10 6NY, United Kingdom. These Conditions will apply between you and JP Boden Services Inc, when you buy an item from bodenusa.com. The Conditions do not affect the rights you may have under any relevant statutory law.
- Your contract for purchases made through bodenusa.com is with JP Boden Services Inc.
- You represent and agree that all goods ordered by you are for your own private and domestic use only and are not for resale.
- You must be eighteen years old or older to use this site. If you are under eighteen, you may only use this site with the agreement of, and under the supervision of, a parent or guardian. If you do not qualify, please do not use this site.
- You warrant that all details you provide to bodenusa.com for the purpose of ordering or purchasing goods are true, accurate, current and complete in all respects; and that the credit or debit card you are using is your own and that there are sufficient funds in your account to cover payment of the product(s) ordered.
- You agree that email can be used as a means of communication, notification and billing between us. Please be advised that we will never ask for personal details or information via email. If you receive an email asking for your personal information, username or password, or payment information, please do not respond and contact our Customer Service team immediately.
- During the registration process, you must choose a username and password. You are responsible for all actions taken under that username and password and must only purchase from bodenusa.com under your own username and password. You must make every effort to keep your password safe and should not disclose it to anyone. If you think someone else might know it, you must change it. You may not transfer or sell your username to anyone, nor permit, either directly or indirectly, anyone to use your username or password. If there are any changes to the details supplied by you, it is your responsibility to inform JP Boden Services Inc as soon as possible.
- You warrant that you will not use a false name or a known invalid credit card to order. Anyone caught deliberately entering an incorrect or fictitious order, or using a known invalid credit card will be prosecuted to the fullest extent of the law. JP Boden Services Inc tracks the electronic 'fingerprints' of every order placed on bodenusa.com to enable us, and all legitimate crime prevention and prosecution authorities, to trace individual users engaging in criminal activities on our website.
- JP Boden Services Inc reserves the right to end our agreement with you and to suspend or terminate your access to the site immediately and without notice to you if:
- you fail to make payment to us when due; or
- you breach any of these Conditions; or
- when requested by us to do so, you fail to provide within a reasonable time, enough information to enable us to check the accuracy and validity of any information supplied by you, or your identity; or
- we suspect you have engaged, or are about to engage, or are connected to or otherwise have way of being involved in fraudulent or illegal activity on bodenusa.com
You agree that if you break these Conditions, or any liabilities are incurred arising out of your use of this website, you will be responsible for the costs and expenses that we or our officers, directors, employees, agents and suppliers incur as a result of the breach, including reasonable legal fees (if applicable). You will remain liable if someone else uses your shopping account and/or personal information unless you can prove that such use was fraudulent.
- When placing an order, you agree that any and all information given is accurate and complete.
- All orders are subject to acceptance by us and product availability.
- For inventory purposes, each item requested counts as an individual order. Wherever possible, we will attempt to combine multiple orders in one shipment and on one invoice. Due to inventory and packaging requirements, however, orders may be shipped over several days in multiple packages.
- Merchandise available for sale changes on a frequent basis. We reserve the right to make changes in our merchandise without notice. Availability information for products is listed on each individual product description. Some of our products may be available only in limited quantities, so we cannot guarantee that a product displayed on a previous visit to our website may still be available when you visit again. An item may be out of stock temporarily or permanently, or discontinued from our product line. When an item is no longer available, we take reasonable steps to remove it from the website as soon as we can. If you cannot find an item you saw on a previous visit, please notify our Customer Service team, and we will let you know whether we can find the item for you. If bodenusa.com does not have stock to deliver the goods you have ordered, we will not charge your credit or debit card until the items are back in stock and ready to be shipped.
- We take great care to ensure that all information about our products, including prices, set forth on bodenusa.com is up-to-date, accurate and reliable. However, there may be occasions when information contained on our site may contain incomplete data, typographical errors, inaccuracies as to merchandise size, price, color or other matters, or an item that is no longer in stock. We do not warrant that the information accessible via this website is accurate, complete or current. Any errors are unintentional and we apologize if any information on the site is inaccurate. We reserve the right to correct errors and to update product information at any time, including after you have placed your order. We reserve the right to change prices of any product at any time.
- The prices displayed on this website are quoted in U.S. currency and are valid only in the United States. Prices are subject to change at any time. Relevant sales taxes, if any, shall be applied at checkout.
- No contract for the sale of any product will exist between you and bodenusa.com until we accept your order by shipping the product to you. The price of any item is not guaranteed until the item has been shipped to you. When this happens, we will confirm our acceptance of your order by sending you an email. If the price of a product you have ordered should change prior to shipment, you will be notified by email that your order has not been accepted by us and will not ship. You may re-order the item at the adjusted price if you wish.
- This confirmation email will be sent to the email address given in your order form and will detail products ordered, payment method, cost (including sales tax and S&H) and usual delivery times.
- You must check that all the details on this confirmation email are correct and contact us as soon as possible if any details are incorrect.
- If your order has not been accepted, you will receive an explanatory email from us detailing the reasons why.
- Discount vouchers cannot be used on sale products.
- The stated delivery period within which you will receive your order is approximate. Goods will be sent to the address given by you in your order. If you are ordering more than one item, your goods may be sent to you in instalments if certain items are out of stock.
- Customs Fees – Please note that we ship some orders from the UK and some from the US depending on where the stock is. Shipments from the UK to the US are subject to Federal import regulations which can incur duties and taxes levied as the parcels enter the country. Our systems are designed to settle this duty on your behalf wherever it applies. However in the (hopefully) very rare event that you, rather than us, are charged US import duties or fees for US customs clearance, please let us have proof of payment (and the customs paperwork showing that the charges relate to a Boden parcel) and we'll gladly reimburse you.
- Please note international shipments may be subject to cross-border inspections by customs authorities.
- Discover card; for American Express the security number is 4 digits on the front. All credit and debit cardholders are subject to validation checks and authorization by the card issuer. If the issuer of your payment card refuses to authorize payment to us, we will not be liable for any delay or non-delivery.
- Gift cards may only be exchanged for merchandise at Boden and Mini Boden as listed in our catalogue and on our website (www.bodenusa.com). The card may be used once only and any value remaining will be converted into Boden account credit (unless otherwise required by law). We cannot re-issue lost, stolen, mislaid or damaged gift cards. Normal purchase terms apply. USA use only
- You cannot use a Gift card to purchase Boden Gift cards.
- If you haven't submitted an order, you may clear the items in your shopping basket at any time by clicking the 'Remove' button next to the product you do not wish to purchase in your shopping basket.
- During the sale period, returns must be made within 7 days of receipt of your order to obtain a refund. After 7 days only an exchange or credit note will be issued.
- You should use the shipping label enclosed with your package when returning any item to us. (Please note that the shipping label states a US address, from which point packages are shipped to us in the United Kingdom. Please do not ship packages directly to us in the United Kingdom.) You will be liable for any charges incurred when returning the goods to bodenusa.com, unless the return is due to damaged or faulty merchandise, shipment or unordered or incorrect merchandise, or an error on our part, in which case, we will send you a prepaid shipping label to use when returning the item.
- We're sorry but we are not able to offer exchanges on orders where PayPal was used as a payment method. Please return your item(s) for a refund and place a new order.
WHAT'S YOUR RETURN POLICY DURING FINAL SALE?
- During FINAL SALE / FINAL CLEARANCE our discounts are so good we can’t accept returns.
- bodenusa.com will be happy to exchange for the same item most products that are damaged, faulty or incorrectly shipped due to our error within 3 months from the date of shipment. For more information, please refer to our Guarantee and Returns Policy.
- We will never ask for personal details via email. If you receive an unsolicited email asking you for your bodenusa.com log in details, please contact our Customer Service team immediately.
- We try to respond promptly to email messages from customers and visitors to our site. However, we are under no obligation to respond to such messages, to maintain such messages in confidence, or to pay for such comments or submissions. Please be advised that all emails, comments, feedback, suggestions, ideas and other information disclosed or submitted to us will become our property. By submitting any email or correspondence to us, you thereby release all proprietary claims and intellectual or other property rights therein.
- You agree that we may use and/or disclose information about you, such as demographics or your use of this site, in any way without revealing your personal information or identity. By taking part in promotions, contests or sweepstakes offered on the site, or by requesting promotional information or product updates, you agree that we may use your information for marketing and promotional purposes.
- You are responsible for your communications and all consequences of their submission to us. Please do not: transmit to us material that is copyrighted by a third party, without that party’s permission; send material that reveals trade secrets without permission of the owner of those trade secrets; send material that infringes on any third party’s intellectual property rights without that party’s permission; send material that is threatening, harassing, defamatory, obscene, hateful, abusive, defamatory or embarrassing to any other party; send sexually explicit images; send advertisements or solicitations; send chain letters or pyramid schemes; or impersonate another person. If you violate these provisions, or if we think you have violated them, we reserve the right to expel you from the site and prevent your future use of the site.
- We do not accept liability (except as set out below) for any errors and/or omissions contained in our website and reserve the right to change information, prices, specifications and descriptions of listed goods, products and services at any time and without notice.
- If an error is discovered in the price of the goods that you have ordered, we will inform you as soon as possible. We shall be under no obligation to fulfil an order for a product that was advertised at an incorrect price. In the event that you order an item and the price published on bodenusa.com is incorrect for any reason, we will email you to inform you that we have not accepted your order, and that your order has been cancelled. You will be advised of the correct price of the subject product. You may re-order it if you wish. If you have already paid for the goods in the circumstances described in this clause, we shall refund the full amount within 30 days of the date of order. Should you choose to re-order at the correct price, a separate transaction will be posted to your credit card.
- In the unlikely event that you receive goods which were not what you ordered or which are damaged or defective, or are of a different quantity to that stated on your order form, we shall make good any shortage or non-delivery, replace or repair any damaged or defective goods, or refund to you the amount you paid for the goods in question provided that you notify us of the problem in writing at the address stated in the confirmation email within 10 working days of delivery of the goods plus return the goods to us, unless we inform you that return is not necessary. This provision does not affect your statutory rights.
- We have taken great care to provide accurate product images for each product for sale on the site. However, the colors we use, as well as the display and color capabilities of your particular computer monitor, will affect the colors you actually see on the screen. We are not responsible for the limitations of your monitor and cannot guarantee that your monitor’s display of any color, texture or detail of merchandise will be accurate. If you are not satisfied with your purchase for any reason, you may simply return the product following the provisions set out in these Conditions.
- The products sold on bodenusa.com are provided for private domestic and consumer use only. Accordingly, we do not accept liability for any indirect loss, consequential loss, loss of data, loss of income or profit, loss of damage to property and/or loss from claims of third parties arising out of the use of the site or for any products or services purchased from bodenusa.com
- We have taken great care to prevent internet fraud and to ensure that any data collected from you is stored securely and safely. However, we cannot be held liable in the unlikely event of a breach in our secure computer servers.
- We shall have no liability to you for any delay in the delivery of products ordered or any other matters to the extent that the delay is due to any event outside our reasonable control, including but not limited to acts of God, war, flood, fire, labor disputes, strikes, lock-outs, riots, civil commotion, malicious damage, explosion, governmental actions and any other similar events.
- 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 site or the server that makes it available are free of viruses or other harmful material or represents the full functionality, accuracy, or 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. If your use of the website or the site’s material results in any costs or expenses, including without limitation, the need for services or replacement of equipment or data, we shall not be liable for those costs or expenses.
- This website and its material are provided on as “as is” basis without warranties of any kind. To the fullest extent provided by law, we disclaim warranties, whether express or implied, including those of merchantability, non-infringement of third parties’ rights, and of fitness for particular purpose. We make no warranties about the accuracy, reliability, completeness or timeliness of the site’s material, services, software, test, graphics and links. This does not affect your statutory rights as a consumer, nor does it affect your right to cancel an order or return or exchange a product as provided herein.
- 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 goodwill or reputation; or
- Any special or indirect losses suffered or incurred by that party arising out of or in connection with the provisions of any matter under the Conditions.
SITE CONTENTS OWNERSHIP
This site is expressly owned and operated by JP Boden. Unless otherwise noted, the design and content featured on this website, including illustrations, clothing and other product details, icons, navigational buttons, images, artwork, graphics, photography, text, audio and video clips or content, software and the like, are owned by JP Boden. This website, as a whole, is protected by copyright, trademark, trade dress, intellectual property and other applicable laws. All worldwide rights are reserved.
We are not responsible for material displayed on third party websites or any other written material. The only prices that apply for Boden products are those stated on the Boden material. We cannot vouch for the reliability of prices stated on shopping directories or through any other third party. This website may contain links to sites owned and operated by third parties. These links are provided as a convenience to you and are not an endorsement by us of the products or materials on those sites. We are not responsible for the content of those sites and make no representation regarding the truth, quality or accuracy of same. Visiting the linked sites is at your own risk.
RECOMMEND A FRIEND
We operate a Recommend a Friend program whereby our customers can refer friends to us. Recommend a Friend is subject to the following terms and conditions.
- Names must not be registered on the DMA Pander file (www.the-dma.org/index.php).
- Please make sure that your friends do not mind your handing over their details.
- No cash, credit or other reward is payable for customer details.
No purchase is necessary to participate in the Recommend a Friend program.
NB Terms & Conditions changed 16th February 2011.
These Conditions are effective unless and until terminated by either party. If, in our sole discretion, we determine that you have failed to abide by any of these Condition, we may terminate your access to our website, upon which termination, you must destroy all materials downloaded or obtained from the site and copies of those materials, whether made under the terms of these Conditions or otherwise.
No waiver by us of any of these Conditions on any single or multiple occasion(s) shall be construed as a waiver of any preceding or subsequent breach of any of the Conditions.
Each provision of the Conditions shall be construed as separately applying and surviving even if for any reason one or another of these Conditions is held to be inapplicable or unenforceable in certain 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 Boden and you are expected to do. You confirm that, in agreeing to accept the Conditions, you have not relied on any representation except where that representation has been made a term of these Conditions and you agree that you shall have no remedy in respect of any representation. Your statutory rights are not affected by these terms and conditions. Nothing in this Clause shall limit or exclude our liability in respect of any fraudulent or negligent misrepresentation whether or not such has become a term of the Conditions.
These Conditions shall be governed by and construed in accordance the laws of the State of Delaware.
The amount of sales / use tax to be charged can depend upon many factors including the value and type of item purchased and the shipping destination. Items sold by JP Boden Services Inc. and shipping to destinations in Alabama, Colorado, Connecticut, Hawaii, Kentucky, Louisiana, Massachusetts, Mississippi, New York, Ohio, Oklahoma, Pennsylvania, Rhode Island, South Dakota, Vermont and Washington are subject to sales / use tax, subject to state specific exemptions.
JP Boden Services Inc. is not required, and does not collect, sales or use tax in states other than those listed above. Your purchase is subject to state use tax unless it is specifically exempt from taxation and is not exempt merely because it is made over the internet or by catalogue. US states including South Carolina require each purchaser to report any purchase that was not taxed, and pay tax on this purchase on the state's use tax form, which is available on the relevant Department of Revenue website.