TERMS & CONDITIONS
Welcome to www.shoprowely.com. The www.shoprowely.com website (the ″Site″) is comprised of various web pages operated by Rowely, Inc. (“Rowely”). www.shoprowely.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the ″Terms″). Your use of www.shoprowely.com constitutes your agreement to all such terms. By visiting the Site and/or purchasing something from Rowely, you, the User, engage in our“Service” and agree to be bound by these Terms, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms apply to all users of the Site, including, without limitation, users who are browsers, vendors, customers, merchants and/or contributors of content.
Please read these terms carefully, and keep a copy of them for your reference. If you do not agree to all the Terms, then you may not access the Site or use any services offered by Rowely. www.shoprowely.com is an E-Commerce Site that sells pre-loved wedding wear for every celebration. Rowely reserves the right to update, change and/or replace any part of these Terms by posting updates and/or changes on the Site. Use of or access to the Site following the posting of any changes to these Terms constitutes acceptance of such changes.
ELECTRONIC COMMUNICATIONS. Visiting www.shoprowely.com or sending emails to Rowely constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
CHILDREN UNDER THIRTEEN. Rowely does not knowingly collect, either online or offline, personal information from persons under the age of thirteen (13). If you are under the age of eighteen (18), you may usewww.shoprowely.com only with permission of a parent or guardian.
LINKS TO THIRD-PARTY SITES &/OR THIRD-PARTY SERVICES.www.shoprowely.com may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of Rowely and Rowely is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Rowely is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Rowely of the site or any association with its operators.
Certain services made available via www.shoprowely.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the www.shoprowely.com domain, you hereby acknowledge and consent that Rowely may share such information and data with any third party with whom Rowely has a contractual relationship to provide the requested product, service or functionality on behalf of www.shoprowely.com users and customers.
ACCURACY, COMPLETENESS & TIMELINESS OF INFORMATION. Rowely is not responsible if information on the Site is not accurate, complete and/or current. Any and all material on the Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions. Any reliance on the material on the Site is at the user's own risk.
MODIFICATIONS TO THE SERVICES &/OR PRICES. Prices for our products are subject to change without notice. Rowely reserves the right at any time to modify and/or discontinue the services it offers (or any part or content thereof) without notice at any time. Rowely shall not be liable to any users of the Site for any modification, price change, suspension and/or discontinuance of the services it offers.
ROWELY'S PRODUCTS. Rowely has made every effort to display as accurately as possible the colors and images of its products that appear on the Site. Rowely cannot guarantee that a user's computer monitor display of any color will be accurate. Rowely reserves the right to limit the sale of its products to any person, geographic region and/or jurisdiction. Rowely may exercise this right on a case-by-case basis. All descriptions of products or product pricing on the Site is subject to change at any time without notice at the sole discretion of Rowely. Rowely does not warrant that the quality of its products, information or other material purchased or obtained by a user of the Site will meet the user's expectations or that any errors in the services offered by Rowely will be corrected.
ACCURACY OF BILLING & ACCOUNT INFORMATION. Rowely reserves the right to refuse any order placed on the Site. Rowely may, in its sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card and/or orders that use the same billing and/or shipping address. In the event Rowely makes a change to or cancels an order, Rowely may attempt to notify the customer by contacting the customer via email and/or billing address and/or phone number provided at the time the order was placed on the Site. Rowely reserves the right to limit and/or prohibit orders that, in Rowely's sole judgment, appear to be placed by dealers, resellers and/or distributors.
Any and all users of the Site agree to provide current, complete and accurate purchase and account information for all purchase made on the Site. Any and all users of the Site agree to promptly update their account and other information, including, but not limited to, their email address and credit card numbers and expiration dates so Rowely may complete transactions and contact users as needed.
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Rowely or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Rowely's content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Rowely and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Rowely or our licensors except as expressly authorized by these Terms.
SHIPPING & DELIVERY POLICY. Packaging, shipping and delivery of any products purchased on the Site are conducted by individual sellers on the Site. Rowely has partnered with www.GoShippo.com to assist sellers on the Site with the shipping of products purchased on the Site. Rowely will not be liable to any buyer for any shipping and delivery issues that occur between the buyer and the seller on the Site.
ROWELY'S RETURN POLICY. All sales on the Site are final. With that said, Rowely takes an active role in the sale and purchase process to ensure both the buyer and seller have a great experience. A buyer may open a case with Rowely if they don't receive their purchased item or if the item received is falsely portrayed and/or inaccurate in the product listing and Rowely shall assist the parties in resolving the dispute.
MATERIALS PROVIDED TO WWW.SHOPROWELY.COM OR POSTED ON ANY ROWELY WEB PAGE. Rowely does not claim ownership of the materials you provide to www.shoprowely.com (including feedback and suggestions) or post, upload, input or submit to any Rowely Site or our associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Rowely, our affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. Rowely is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Rowely's sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
INTERNATIONAL USERS. The Site is controlled, operated and administered by Rowely from our offices within the USA. If you access the Site from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Rowely content accessed through www.shoprowely.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
INDEMNIFICATION.You agree to indemnify, defend and hold harmless Rowely, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Rowely reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Rowely in asserting any available defenses.
ARBITRATION. In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act (“FAA”), conducted by a single neutral arbitrator and administered by the American Arbitration Association (“AAA”), or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator's award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims with respect to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the FAA governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
CLASS ACTION WAIVER. Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. The parties agree that a party may bring claims against the other only in each's individual capacity, and not as a plaintiff or class member in any putative class, collective and/ or representative proceeding, such as in the form of a private attorney general action against the other. Further, unless both you and Rowely agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.
LIABILITY DISCLAIMER. The information, products, and services included in or available through the site may include inaccuracies or typographical errors. Changes are periodically added to the information herein. Rowely and/or its suppliers may make improvements and/or changes in the site at any time.
Rowely and/or its suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, products, services for any purpose. To the maximum extent permitted by applicable law, all such information, products and services are provided "as is" without warranty or condition of any kind. Rowely and/or its suppliers hereby disclaim all warranties and conditions with regard to this information, products, services, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement.
TERMINATION/ACCESS RESTRICTION. Rowely reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice.
GOVERNING LAW AND VENUE. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Nevada and you hereby consent to the exclusive jurisdiction and venue of courts in the State of Nevada in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
MISCELLANEOUS PROVISIONS. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Rowely as a result of this agreement or use of the Site. Rowely's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Rowely's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Rowely with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Rowely with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Rowely with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
CHANGES TO TERMS. Rowely reserves the right, in its sole discretion, to change the Terms under which www.shoprowely.com is offered. The most current version of the Terms will supersede all previous versions. Rowely encourages you to periodically review the Terms to stay informed of our updates.
CONTACT US. Rowely welcomes your questions or comments regarding these Terms and Conditions. If you believe that Rowely has not adhered to these Terms and Conditions, please contact Rowely at: email@example.com.
Effective as of February 1, 2023.