PROTECTING YOUR PRIVACY
At BWHC, we are 100% committed to protecting the privacy and security of our customers and site visitors. The BWHC team members are customers themselves, of both BWHC and other internet sites – so we totally appreciate and respect how important privacy is. If you have any questions about how we Protect Your Privacy, drop us a line at email@example.com
For all our services, the data controller - the company that’s responsible for your privacy - is BWHC INC.
How we use your information
We use your information in a number of different ways - what we do depends on the information. The sections below set this out in detail, showing what we do, and why we do it.
Your name and contact details
For customers and all others who have consented for us to hold your information this is how we use your name and contact details.
Deliver your purchases to you - we’ve got to do this to perform our contract with you (it’s a bit hard to send your order if we don’t use your name and contact details!).
Send you service messages by text or email such as order updates - we’ve got to do this to perform our contract with you (so you can tell when your order is coming).
Sending you information by email, SMS, or post, about our new products and services - to keep you up to date.
Fraud prevention and detection - To prevent and detect fraud against either you or BWHC Inc.- unfortunate, but absolutely essential.
Showing you BWHC adverts as your browse the web - So you can see our latest products and deals.
Finding out what you, and other customers, like - To ensure we are giving you what you want, and to stay ahead of the competition.
YOUR DATE OF BIRTH INFORMATION
How we use your date of birth
Send you information by email, SMS, or post on your birthday - to give you a birthday treat.
Your gender information
How we use your gender information
To direct you to the right part of our website - to get you to the products that you want faster.
YOUR PAYMENT INFORMATION
This means you're card’s security/CVS code, don’t worry, we don’t keep these details ourselves, we use a trusted and secure payment processor.
How we use your payment information
We use this to take payment, and give refunds - we’ve got to do this to perform our contract with you - we’re not giving all our stuff away!
Fraud prevention and detection - to prevent and detect fraud against either you or BWHC Inc. - unfortunate, but absolutely essential.
Your contact history with BWHC
What you’ve said to us - for example, over the phone, on instant chat, or on social media.
How we use your contact history
Provide customer service and support - we’ve got to do this to perform our contract with you, after all, you expect the best service from us.
Train our staff - so that, when you contact us, you get the best possible customer service.
Purchase history and saved items
What you’ve bought and what you’ve stored in your basket for another time.
How we use your purchase history and saved items
To sell you things - we’ve got to do this to perform our contract with you - if you can’t put stuff into a basket, you can’t buy it!
Provide customer service and support, and handle returns - we’ve got to do this to perform our contract with you.
Finding out what you, and other customers, like - to ensure we are giving you what you want, and to stay ahead of the competition.
To send you information and offers from time to time that you may well be interested in.
Information about your phone or laptop, and how you use our website
Information you give us when you browse our site, including your IP address and device type and, if you choose to share it with us, your location data, as well as how you use our website and app.
How we use information about your phone or laptop, and how you use our website
Improve our website and set default options for you (such as language and currency) - to give you the best possible shopping experience.
Protect our website - to prevent and detect fraud against either you or BWHC Inc. – unfortunate, but absolutely essential - and to meet our legal obligations about looking after your data.
Your responses to surveys, competitions and promotions
How we use your responses to surveys, competitions and promotions
We use your responses to run the survey, competition or promotion - we’ve got to do this to perform our contract with you - if we can’t use your entry, you can’t possibly win!
You don’t have to give us any of this personal information but if you don’t, you may not be able to buy from the site, and you are unlikely to receive our optimal overall customer experience. But that is your choice - and we respect that.
We also anonymize and aggregate personal information (so that it does not identify you) and use it for purposes including testing our IT systems, research, data analysis, improving our site and app, and developing new products and services. We occasionally use external analytical Companies to analyze this information for us.
Sharing your information
We do not, and will not, sell any of your personal data to any third party - including your name, address, email address or credit card information. We want to earn and maintain your trust, and we believe this is absolutely essential in order do that.
However, we share your data with the following category of Companies as an essential part of being able to provide our services to you. These Companies are data processors who will only use your data as instructed by the data controller - BWHC. When they no longer need your data to undertake the immediate tasks we have asked them to undertake, your details will be deleted by them.
The statement below states how your data is shared:
Companies that do things to get your purchases to you, such as payment service providers, warehouses, order packers, and delivery Companies.
Professional service providers, such as marketing agencies, advertising partners and website hosts who help us to run our business.
Credit reference agencies, law enforcement and fraud prevention agencies, so we can help tackle fraud.
Companies approved by you where you choose to use their payment service.
We may provide data analytic Companies with aggregated but anonymized information and analytics about our customers and, before we do so, we will make sure that it does not identify you.
As a customer of BWHC or someone else who has consented receive them, we may send you from time to time marketing messages by email, SMS or post, to keep you aware of what we’re up to and to help you see and find our products.
How to stop marketing messages from BWHC
You can stop receiving marketing messages from us at any time.
You can do this:
By clicking on the ‘unsubscribe’ link in any email.
By replying to the SMS and following the instructions stated.
By contacting our BWHC HELP team at firstname.lastname@example.org
Once you do this, we will update your profile to ensure that you don’t receive further marketing messages.
Please note that, as BWHC comprises a complex web of many inter-connecting services, it might take a few days for all our systems to be updated, so you might get messages from us while we process your request.
Stopping marketing messages will not stop service communications such as order updates.
Seeing adverts for BWHC online
We also engage in online advertising, also to keep you aware of what we’re up to and to help you see and find our products.
Like many Companies, we target BWHC banners and ads to you when you are on other websites and apps. We do this using a variety of digital marketing networks and ad exchanges, and we use a range of advertising technologies like web beacons, pixels, ad tags, cookies, and mobile identifiers, as well as specific services offered by some sites and social networks, such as Facebook’s Custom Audience service.
The banners and ads you see will be based on information we hold about you, or your previous use of BWHC (for example, your BWHC search history, and the content you read on BWHC) or on BWHC banners or ads you have previously clicked on.
Your information and countries outside of America
We protect your privacy and your rights through the use of the USA and European Commission’s standard data protection clauses.
Keeping your information
We’ll hold on to your information for as long as you have your account, or as long as is needed to be able to provide the services to you, or (in the case of any contact you may have with our Customer Care team) for as long as is necessary to provide support-related marketing and trend analysis only – this will be no longer than 2 years after your last purchased date.
If required to meet legal or regulatory requirements, resolve disputes, prevent fraud and abuse, or enforce our terms and conditions, we may also keep hold of some of your information as required, even after you have closed your account or it is no longer needed to provide the services to you.
You have a lot of rights relating to your personal information:
The right to be informed about how your personal information is being used
The right to access the personal information we hold about you
The right to request the correction of inaccurate personal information we hold about you (although you can probably do most of this through My Account
The right to request that we delete your data, or stop processing it or collecting it, in some circumstances
The right to stop direct marketing messages and to withdraw consent for other consent-based processing at any time
The right to request that we transfer or port elements of your data either to you or another service provider
The right to complain to your data protection regulator - in the UK, the Information Commissioner’s Office
If you want to exercise your rights, have a complaint, or just have questions, please contact us at email@example.com.
Changes to how we protect your privacy
We may change this page from time to time, to reflect how we are processing your data.
If we make significant changes, we will make that clear on the BWHC website or by some other means of contact such as email, so that you are able to review the changes before you continue to use BWHC.
What about cookies?
1. Site functionality cookies - these cookies allow you to navigate the site and use our features, such as “Add to Bag” and “Save for Later”.
2. Site analytics cookies - these cookies allow us to measure and analyze how our customers use the site, to improve both its functionality and your shopping experience.
3. Customer preference cookies - when you are browsing or shopping on BWHC, these cookies will remember your preferences (like your language or location), so we can make your shopping experience as seamless as possible, and more personal to you.
4. Targeting or advertising cookies - these cookies are used to deliver ads relevant to you. They also limit the number of times that you see an ad and help us measure the effectiveness of our marketing campaigns.
By using our site, you agree to us placing these sorts of cookies on your device and accessing them when you visit the site in the future. If you want to delete any cookies that are already on your computer, the “help” section in your browser should provide instructions on how to locate the file or directory that stores cookies. Further information about cookies can be found here . Please note that by deleting or disabling future cookies, your user experience may be affected and you might not be able to take advantage of certain functions of our site, and the complete BWHC user experience that we pride ourselves on providing our customers.”
How to contact us
We always want to hear from our customers (especially if you feel we’ve let you down or could do better).
Have any questions or feedback about this notice
Would like us to stop using your information
Want to exercise any of your rights as set out above, or have a complaint
Please don’t hesitate to contact our BWHC HELP team, who will be happy to answer any questions you may have.
You can contact our privacy team by dropping us a line at firstname.lastname@example.org.
Effective Date:January 1, 2022
Thank you for visiting a website, mobile app or other online service (“Service”) that belongs to and is operated by BWHC Corporation or one of its subsidiary or affiliated companies ("BWHC", “Us”, “We”, “Our”).
By visiting or otherwise using the Service in any manner, you agree to the then posted Terms and any applicable Additional Terms (defined below), to be bound by them, and that you have read and understood them. You also acknowledge, agree and consent to Our data practices as described in Our Privacy Statement.
If you do not wish to be bound by these Terms and any Additional Terms, do not use the Service and uninstall Service downloads and applications.
In some instances, additional or different terms, posted on the Service, apply to your use of certain parts of the Service (individually and collectively “Additional Terms”). To the extent there is a conflict between these Terms and any Additional Terms, these Terms will control unless the Additional Terms expressly state otherwise.
Updates to these Terms and Additional Terms
We may prospectively change these Terms and Additional Terms by posting new or changed terms on the Service as more fully explained [Section 13].
1. Ownership and Operation
The Service and all of its content (“Content”), including all copyrights, patents, trademarks, service marks, trade names and all other intellectual property rights therein (“Intellectual Property”), are owned or controlled by BWHC, Our licensors, and certain other third parties. All right, title, and interest in and to the Content and Intellectual Property available via the Service is the property of BWHC, Our licensors or certain other third parties, and is protected by U.S. and international copyright, trademark, trade dress, patent and/or other intellectual property and unfair competition rights and laws to the fullest extent possible. BWHC owns the copyright in the selection, compilation, assembly, arrangement, and enhancement of the Content on the Service. BWHC, in its sole discretion without advance notice or liability, may immediately suspend or terminate the availability of the Service and/or content (and any elements and features of them), in whole or in part, for any reason, in BWHC’s sole discretion, and without advance notice or liability.
2. Intended Geographic Scope
The Service and its Content are controlled from within the United States of America and Canada. Access to the Service from territories where its Content is illegal is prohibited. Those who choose to access the Service from outside the United States and Canada are responsible for compliance with all local laws applicable to them with respect to the Content and operation of the Service. You are responsible for complying with all applicable trade regulations and laws both foreign and domestic. Except as authorized by U.S. and Canadian law, you agree and warrant not to export or re-export the software to any county, or to any person, entity, or end-user subject to U.S. and/or Canadian export controls or sanctions.
The brands / products shown on the Service are examples of the brands / products available from companies of BWHC worldwide. BWHC does not warrant that a brand / product shown is also available in your country.
By visiting or otherwise using the Service in any manner, you agree to the then posted Privacy Statement and consent to data practices as described therein.
4. Limited Permission to Access and Use the Service
It is BWHC policy to enforce its Intellectual Property rights to the fullest extent of the law, including seeking criminal sanctions. Your right to use the Service and Content is subject to your strict compliance with these Terms and the Additional Terms. Your right to access and use the Service and the Intellectual Property shall automatically terminate upon any violations. These rights are non-exclusive, limited, and revocable by Us at any time in our sole discretion without advance notice or liability. As your right to access and use the Service and the content is personal to you, you may not assign nor transfer your right; any attempt to do so is void. You may, for your personal, non-commercial, lawful use only (collectively, the following are the “BWHC Licensed Elements”):
A. Display, view, use, and play the Content on a computer, mobile or other internet enabled or permitted device (“Device”) and/or print one copy of the Content (excluding source and object code in raw form or otherwise) as it is displayed to you;
B. Stream the Content using any of the widgets and/or other digital streaming internet video players, if any, provided on the Service;
C. Subject to any applicable Additional Terms, if the Service includes a “Send to Friend,” social media sharing or similar tool that allows you to initiate and send to one or more of your contacts a communication that includes content, or to post Our content to Third-Party Services or your own site or online service, and the tool is operational, use the tool to do so; provided, however, that you do not do so in any manner that violates applicable law or third-party rights or reflects negativity on Us, and only send to recipients you have permission to contact;
D. If the Service includes a “Download” link next to a piece of content (including, without limitation, an image, an icon, a wallpaper, a music track, a video, a trailer, an RSS feed), you may only download a single copy of such content to a single Device;
E. Download, install and use one copy of any software, including apps, that We make available on or through the Service (“Software”) on your Device in machine-executable object code form only and make one additional copy for back-up purposes; provided, however, that you understand and agree that (i) by allowing you to download the Software, BWHC does not transfer title to the Software to you (i.e., you own the medium on which the Software is recorded, but the Software's owner (which may be BWHC and/or its third-party Software licensor) will retain full and complete title to such Software); (ii) you may not copy, modify, adapt, translate into any language, distribute, or create derivative works based on the Software, except as expressly authorized in these Terms or applicable Additional Terms, without the prior written consent of BWHC: (iii) you may not assign, rent, lease, or lend the Software to any person or entity and any attempt by you to sublicense, transfer, or assign the Software will be void and of no effect; and (iv) you may not decompile, disassemble, reverse engineer, or attempt to reconstruct, identify, or discover any source code, underlying ideas, underlying user interface techniques, or algorithms of the Software by any means whatsoever, except to the extent the foregoing restriction is prohibited by applicable law;
F. If made available to you, obtain a registered personal account (and/or related username and password) on the Service and interact with the Service in connection therewith;
G. Link to the Service from a website or other online service, so long as: (a) the links only incorporate text, and do not use any BWHC names, logos, or images, (b) the links and the content on your website do not suggest any affiliation with BWHC or cause any other confusion, and (c) the links and the content on your website do not portray BWHC or its products or services in a false, misleading, derogatory, or otherwise offensive manner, and do not contain content that is unlawful, offensive, obscene, lewd, lascivious, filthy, violent, threatening, harassing, or abusive, or that violate any right of any third-party or are otherwise objectionable to BWHC. BWHC reserves the right to suspend or prohibit linking to the Service for any reason, in its sole discretion, without advance notice or any liability of any kind to you or any third-party, and;
H. Use any other functionality expressly provided by BWHC on or through the Service for use by users, subject to these Terms (including, without limitation, functionality to create and/or post User-Generated Content (as defined below)) and any applicable Additional Terms.
Any unauthorized use or abuse of these intellectual property or works is expressly prohibited and constitutes a violation of trademark law, copyright law, other intellectual property rights or unfair competition law.
5. Service and Content Restrictions
A. Service Use Restrictions. You agree that you will not: (i) use the Service for any political or commercial purpose (including, without limitation, for purposes of advertising, soliciting funds, collecting product prices, and selling products); (ii) use any meta tags or any other “hidden text” utilizing any Intellectual Property; (iii) engage in any activities through or in connection with the Service that seek to attempt to or do harm any individuals or entities or are unlawful, offensive, obscene, lewd, lascivious, filthy, violent, threatening, harassing, or abusive, or that violate any right of any third-party, or are otherwise objectionable to BWHC; (iv) decompile, disassemble, reverse engineer, or attempt to reconstruct, identify, or discover any source code, underlying ideas, underlying user interface techniques, or algorithms of the Service by any means whatsoever or modify any Service source or object code or any Software or other products, services, or processes accessible through any portion of the Service; (v) engage in any activity that interferes with a user’s access to the Service or the proper operation of the Service, or otherwise causes harm to the Service, BWHC, or other users of the Service; (vi) interfere with or circumvent any security feature (including any digital rights management mechanism, device or other content protection or access control measure) of the Service or any feature that restricts or enforces limitations on use of or access to the Service, the Content, or the UGC; (vii) harvest or otherwise collect or store any information (including personally identifiable information about other users of the Service, including email addresses, without the express consent of such users); (viii) attempt to gain unauthorized access to the Service, other computer systems or networks connected to the Service, through password mining or any other means; or (ix) otherwise violate these Terms or any applicable Additional Terms.
B. Content Use Restrictions. You also agree that, in using the Service, you: (i) will not monitor, gather, copy, or distribute the Content (except as may be a result of standard search engine activity or use of a standard browser) on the Service by using any robot, rover, “bot”, spider, scraper, crawler, spyware, engine, device, software, extraction tool, or any other automatic device, utility, or manual process of any kind; (ii) will not frame or utilize framing techniques to enclose any such content (including any images, text, or page layout); (iii) will keep intact all trademark, copyright, and other Intellectual Property and other notices contained in such content; (iv) will not use such content in a manner that suggests an unauthorized association with any of Our or Our licensors’ products, services, or brands; (v) will not make any modifications to such content (other than to the extent of your specifically permitted by Us, if applicable); (vi) will not copy, modify, reproduce, archive, sell, lease, rent, exchange, create derivative works from, publish by hard copy or electronic means, publicly perform, display, disseminate, distribute, broadcast, retransmit, circulate or transfer to any third-party or on any third-party application or website, or otherwise use or exploit such content in any way for any purpose except as specifically permitted by these Terms or any applicable Additional Terms or with the prior written consent of an officer of BWHC or, in the case of content from a licensor, the owner of the content; and (vii) will not insert any code or product to manipulate such content in any way that adversely affects any user experience or the Service.
6. User-Generated Content
A. General. BWHC may now, or in the future, offer users of the Service the opportunity to create, build, post, upload, display, publish, distribute, transmit, broadcast, or otherwise make available on or submit through the Service, or on or in response to Our pages or posts on any third-party platforms or in connection with any of Our promotions by any media or manner, or otherwise submit to Us (e.g., on Our Facebook or other social media pages, in response to Our tweets, through a sweepstakes or contest, or by otherwise sending it to Us) (collectively, “submit”) messages, text, illustrations, files, images, graphics, photos, comments, responses, sounds, music, videos, information, content, ratings, reviews, data, questions, suggestions, personally identifiable information, or other information or materials and the ideas contained therein (collectively, but excluding BWHC Licensed Elements included therein, “User-Generated Content” or “UGC”). You may submit UGC through your profile, forums, blogs, message boards, social networking environments, content creation and posting tools, gameplay, social communities, contact Us tools, email, and other communications functionality. Except to the extent of the rights and license you grant in these Terms and, subject to any applicable Additional Terms, you retain whatever legally cognizable right, title, and interest that you have in your UGC.
B. Non-Confidentiality of Your User-Generated Content. Except as otherwise described in the Service’s posted Privacy Statement, or any applicable Additional Terms, you agree that (a) your UGC will be treated as non-confidential and non-proprietary by Us – regardless of whether you mark them “confidential,” “proprietary,” or the like – and will not be returned, and (b) to the maximum extent not prohibited by applicable law, BWHC does not assume any obligation of any kind to you or any third-party with respect to your UGC. Upon request, you will provide documentation necessary to authenticate rights to such content and verify your compliance with these Terms or any applicable Additional Terms. You acknowledge that the Internet and mobile communications may be insecure and subject to breaches of security; according, you acknowledge and agree that your UGC is submitted at your own risk.
In your communications with BWHC, please keep in mind that We do not seek any unsolicited ideas or materials for products or services, or even suggested improvements to products or services, including, without limitation, ideas, concepts, inventions, or designs for music, websites, apps, books, scripts, screenplays, motion pictures, television shows, theatrical productions, software or otherwise (collectively, “Unsolicited Ideas and Materials”). Any Unsolicited Ideas and Materials you submit are deemed UGC and licensed to Us as set forth below. In addition, BWHC retains all of the rights held by members of the general public with regard to your Unsolicited Ideas and Materials. BWHC’s receipt of your Unsolicited Ideas and Materials is not an admission by BWHC of their novelty, priority, or originality, and it does not impair BWHC’s right to contest existing or future intellectual property rights relating to your Unsolicited Ideas and Materials.
C. License to BWHC of Your UGC. Except as otherwise described in any applicable Additional Terms (such as a promotion’s official rules), which specifically govern the submission of your UGC, or in Our Privacy Statement, you hereby grant BWHC the non-exclusive, unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual, and cost-free right and license to use, copy, record, distribute, reproduce, disclose, sell, re-sell, sublicense (through multiple levels), display, publicly perform, transmit, publish, broadcast, translate, make derivative works of, and otherwise use and exploit in any manner whatsoever, all or any portion of your UGC (and derivative works thereof), for any purpose whatsoever in all formats, on or through any means or medium now known or hereafter developed, and with any technology or devices now known or hereafter developed, and to advertise, market, and promote the same. Without limitation, the granted rights include the right to: (a) configure, host, index, cache, archive, store, digitize, compress, optimize, modify, reformat, edit, adapt, publish in searchable format, and remove such UGC and combine same with other materials, and (b) use any ideas, concepts, know-how, or techniques contained in any UGC for any purposes whatsoever, including developing, producing, and marketing products and/or services. You understand that in exercising such rights metadata, notices and content may be removed or altered, including copyright management information, and you consent thereto and represent and warrant you have all necessary authority to do so. In order to further effect the rights and license that you grant to BWHC to your UGC, you also, as permitted by applicable law, hereby grant to BWHC and agree to grant to BWHC the unconditional, perpetual, irrevocable right to use and exploit your name, persona, and likeness in connection with any UGC, without any obligation or remuneration to you. Except as prohibited by law, you hereby waive, and you agree to waive, any moral rights (including attribution, anonymity, and integrity) that you may have in any UGC, even if it is altered or changed in a manner not agreeable to you. To the extent not waivable, you irrevocably agree not to exercise such rights (if any) in a manner that interferes with any exercise of the granted rights. You understand that you will not receive any fees, sums, consideration, or remuneration for any of the rights granted in this Section 6(c).
D. BWHC’s Exclusive Right to Manage Our Service. BWHC may, but will not have any obligation to, review, monitor, display, post, store, maintain, accept, or otherwise make use of, any of your UGC, and BWHC may, in its sole discretion, reject, delete, move, re-format, remove or refuse to post or otherwise make use of UGC without notice or any liability to you or any third-party in connection with Our operation of UGC venues in an appropriate manner. Without limitation, We may do so to address content that comes to Our attention that We believe is offensive, obscene, lewd, lascivious, filthy, violent, harassing, threatening, abusive, illegal or otherwise objectionable or inappropriate, or to enforce the rights of third parties or these Terms or any applicable Additional Terms. Such UGC submitted by you or others need not be maintained on the Service by Us for any period of time, and you will not have the right, once submitted, to access, archive, maintain, change, remove, or otherwise use such UGC on the Service or elsewhere, except that California minors have certain rights to have certain content about them that they have themselves posted on the Service prospectively removed from public display as provided for in the Privacy Statement.
E. Representations and Warranties Related to Your UGC. Each time you submit any UGC, you represent and warrant that you are at least the age of majority in the jurisdiction in which you reside and are the parent or legal guardian, or have all proper consents from the parent or legal guardian, of any minor who is depicted in or contributed to any UGC you submit, and that, as to that UGC, (a) you are the sole author and owner of the intellectual property and other rights to the UGC, or you have a lawful right to submit the UGC and grant BWHC the rights to it that you are granting by these Terms and any applicable Additional Terms, all without any BWHC obligation to obtain consent of any third-party and without creating any obligation or liability of BWHC (b) the UGC is accurate; (c) the UGC does not and, as to BWHC’s permitted uses and exploitation set forth in these Terms, will not, infringe any intellectual property or other right of any third-party or any applicable law or regulation; and (d) the UGC will not violate these Terms or any applicable Additional Terms, or cause injury or harm to any person.
F. Enforcement. BWHC has no obligation to monitor or enforce your Intellectual Property rights to your UGC, but you grant Us the right to protect and enforce Our rights to your UGC, including initiating actions in your name and on your behalf (at BWHC’s cost and expense, to which you hereby consent and irrevocably appoint BWHC as your attorney-in-fact, with the power of substitution and delegation, which appointment is coupled with an interest).
7. DMCA Copyright Policy and Copyright Agent
BWHC respects the Intellectual Property rights of others and expects users of its Service to do the same. BWHC may remove content that in its sole discretion appears to infringe the Intellectual Property rights of others. In addition, BWHC, in its sole and absolute discretion, may terminate the accounts of users who infringe the Intellectual Property rights of others.
If you believe that a user of the Service has infringed your copyright rights, please notify BWHC’s Copyright Agent (contact information below) and provide the following information: (a) a physical or electronic signature of the person authorized to act on behalf of the owner of the copyright right; (b) an identification of the copyright protected property claimed to have been infringed; (c) a detailed description of the material that you claim is infringing, so that We may locate it, including the URL where the infringing material appears; (d) your address, telephone number, and email address; (e) a statement by you that you have a good faith belief that the allegedly infringing use is not authorized by the copyright owner, its agent, or the law; and (f) a statement by you, made under penalty of perjury, that the foregoing information is accurate and that you are authorized to act on behalf of the owner of the copyright(s) involved.
905 1st Street Benicia California 94510
8. Links and Third-Party Services
9. Disclaimer of Warranties
We strive to accurately describe Our products or services offered on the Service; however, We do not warrant that such specifications, pricing, or other content on the Service is complete, accurate, reliable, current, or error-free and products may not be available in all areas. For online orders, if available, Additional Terms apply.
AS PERMITTED BY APPLICABLE LAW, THE MATERIALS AND INFORMATION ON THE SERVICE, AND ANY MATERIALS MADE AVAILABLE THROUGH THE SERVICE, ARE PROVIDED "AS IS", “AS AVAILABLE”, AND “WITH ALL FAULTS” BASIS AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, BWHC AND ITS DIRECT AND INDIRECT PARENTS, SUBSIDIARIES, AFFILIATES, AND EACH OF THEIR RESPECTIVE EMPLOYEES, DIRECTORS, MEMBERS, MANAGERS, SHAREHOLDERS, AGENTS, VENDORS, LICENSORS, LICENSEES, CONTRACTORS, CUSTOMERS, SUCCESSORS, AND ASSIGNS (COLLECTIVELY, “BWHC PARTIES”) DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
AS PERMITTED BY APPLICABLE LAW, BWHC PARTIES DISCLAIM ALL LIABILITY AND ASSUME NO RESPONSIBILITY FOR THE RESULTS OF ANY DEFECTS OR INACCURACIES THAT MAY EXIST IN THE SERVICE OR FROM ITS OPERATION. BWHC MAKES NO WARRANTY THAT (I) THE OPERATION OF THE SERVICE WILL MEET THE USER´S REQUIREMENTS; (II) ACCESS TO THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER HARMFUL COMPONENTS, OR BE FREE OF DEFECTS OR ERRORS; (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; OR (IV) DEFECTS WILL BE CORRECTED. YOU (AND NOT BWHC) ASSUME THE ENTIRE COST OF ALL SERVICING, REPAIR, OR CORRECTION THAT MAY BE NECESSARY FOR YOUR COMPUTER EQUIPMENT AND SOFTWARE AS A RESULT OF ANY VIRUSES, ERRORS OR ANY OTHER PROBLEMS WHATSOEVER YOU MAY HAVE AS A RESULT OF VISITING THE SERVICE.
NOTWITHSTANDING THE FOREGOING, THIS SECTION DOES NOT EXPAND OR LIMIT (I) ANY EXPRESS, WRITTEN PRODUCT WARRANTY OR RELATED DISCLAIMERS THAT ARE PROVIDED BY BWHC OR ITS SUPPLIERS WITH REGARD TO A PHYSICAL PRODUCT SOLD BY BWHC, OR ANY WARRANTY ON A PHYSICAL PRODUCT TO THE EXTENT REQUIRED BY APPLICABLE LAW; (II) BWHC PARTIES’ LIABILITY FOR PERSONAL INJURY TO YOU CAUSED BY BWHC PARTIES TO THE EXTENT NOT WAIVABLE OR CANNOT BE LIMITED UNDER APPLICABLE LAW; OR (III) ANY CAUSE OF ACTION YOU MAY HAVE AGAINST BWHC PARTIES THAT IS NOT WAIVABLE OR CANNOT BE LIMITED UNDER APPLICABLE LAW.
10. Limitation of Liability
AS PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES, WHETHER DUE TO NEGLIGENCE OR OTHERWISE, SHALL BWHC PARTIES BE LIABLE FOR ANY DAMAGES OR INJURY, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF DATA OR PROFIT, THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SERVICE OR ANY MATERIALS IN THE SERVICE, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE SERVICE OR INFORMATION AVAILABLE IN THE SERVICE. THESE INCLUDE, BUT ARE NOT LIMITED TO, DAMAGES OR INJURY CAUSED BY ERROR, OMISSION, INTERRUPTION, DEFECT, FAILURE OF PERFORMANCE, DELAY IN OPERATION OR TRANSMISSION, LINE FAILURE OR COMPUTER VIRUS, WORM, TROJAN HORSE OR OTHER HARMFUL COMPONENT. INCLUDING FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. AS PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL A BWHC PARTIES’ TOTAL LIABILITY TO YOU FOR DAMAGES, LOSSES, AND/OR CAUSES OF ACTION ARISING OUT OF THE SERVICE EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100), OR THE AMOUNT YOU HAVE PAID BWHC IN CONNECTION WITH A PRODUCT OR SERVICE UNDERLYING THE CLAIM, AND ANY CLAIM OR CAUSE OF ACTION YOU MAY HAVE WITH RESPECT TO THE SERVICE (INCLUDING BUT NOT LIMITED TO THE PURCHASE OF BWHC PRODUCTS) MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CLAIM OR CAUSE OF ACTION ARISES.
NOTWITHSTANDING THE FOREGOING, THIS SECTION DOES NOT EXPAND OR LIMIT (I) ANY EXPRESS, WRITTEN PRODUCT WARRANTY OR RELATED DISCLAIMERS THAT ARE PROVIDED BY BWHC OR ITS SUPPLIERS WITH REGARD TO A PHYSICAL PRODUCT SOLD BY BWHC TO YOU, OR ANY WARRANTY ON A PHYSICAL PRODUCT TO THE EXTENT REQUIRED BY APPLICABLE LAW; (II) BWHC PARTIES’ LIABILITY FOR PERSONAL INJURY TO YOU CAUSED BY BWHC PARTIES TO THE EXTENT NOT WAIVABLE OR CANNOT BE LIMITED UNDER APPLICABLE LAW; OR (III) ANY CAUSE OF ACTION YOU MAY HAVE AGAINST BWHC PARTIES THAT IS NOT WAIVABLE OR CANNOT BE LIMITED UNDER APPLICABLE LAW.
11. Arbitration and Dispute Terms
A. Forum Selection/Jurisdiction. For users for are not individual residents of the province of Quebec, Jurisdiction and venue for any controversy, allegation, or claim arising out of or relating to the Service, the Content, your UGC, these Terms, or any applicable Additional Terms, (collectively, “Dispute”) shall be in Wilmington, Delaware. Each party submits to personal jurisdiction and venue in Wilmington, Delaware for any and all purposes.
B. Pre-Arbitration Notification. BWHC and you agree that it would be advantageous to discuss and hopefully resolve any Disputes before formal proceedings are initiated; provided, however, that BWHC need not do so in circumstances where its claims of Intellectual Property rights are concerned (“IP Disputes,” with all other disputes referred to as “General Disputes”). The party making a claim – whether you or BWHC – shall send a letter to the other side briefly summarizing the claim and the request for relief. If BWHC is making a claim, the letter shall be sent, via email, to the email address listed in your BWHC account, if applicable. If no such information exists or if such information is not current, then We have no notification or delay obligations under this Section 11(b). If you are making a claim, the letter shall be sent to BWHC Corporation, 905 1st Street, Benicia, California 94510 (Attn: General Counsel). If the Dispute is not resolved within sixty (60) days after notification, the claimant may proceed to initiate proceedings as set forth in this Section 11, or permitted by the applicable law. Either you or BWHC however, may seek provisional remedies (such as preliminary injunctive relief, subject to Section 11(d)) before the expiration of this sixty (60)-day period.
C. Arbitration of Claims. As permitted by applicable law, and for users who are not individual residents of the province of Quebec, all actions or proceedings arising in connection with, touching upon or relating to any Dispute, or the scope of the provisions of this Section, shall be submitted to JAMS (www.jamsadr.com) for final and binding arbitration under its Comprehensive Arbitration Rules and Procedures if the matter in dispute is over $250,000 or under its Streamlined Arbitration Rules and Procedures if the matter in dispute is $250,000 or less, to be held in Delaware before a single arbitrator. The arbitrator shall be selected by mutual agreement of the parties or, if the parties cannot agree, then by striking from a list of arbitrators supplied by JAMS. We may have the right to pay the JAMS fees if required for arbitration to be enforceable. The arbitration shall be a confidential proceeding, closed to the general public; provided, however, that a party may disclose information relating to the arbitration proceedings to its and its affiliates’ lawyers, insurance providers, auditors and other professional advisers. The fact that there is a dispute between the parties that is the subject of arbitration shall be confidential to the same extent. The arbitrator shall issue a written opinion stating the essential findings and conclusions upon which the arbitrator’s award is based. Neither party shall be entitled or permitted to commence or maintain any action in a court of law with respect to any matter in dispute until such matter shall have been submitted to arbitration as herein provided and then only for the enforcement of the arbitrator’s award; provided, however, that prior to the appointment of the arbitrator or for remedies beyond the jurisdiction of an arbitrator, at any time, either party may seek pendente lite relief (subject to the provisions of these Terms waiving or limiting that relief) in a court of competent jurisdiction in the state of Delaware or, if sought by BWHC such other court that may have jurisdiction over you, without thereby waiving its right to arbitration of the dispute or controversy under this Section; provided further, however, that the losing party shall have fifteen (15) business days after the issuance of the arbitrator’s decision to fully comply with such decision, after which the prevailing party may enforce such decision by a petition to the courts in Wilmington, Delaware or, in the case of you, such other court having jurisdiction over you, which may be made ex parte, for confirmation and enforcement of the award.
D. Limitation on Injunctive Relief. AS PERMITTED BY APPLICABLE LAW, IF YOU CLAIM THAT YOU HAVE INCURRED ANY LOSS, DAMAGES, OR INJURIES IN CONNECTION WITH YOUR USE OF THE SERVICE, THEN THE LOSSES, DAMAGES, AND INJURIES WILL NOT BE DEEMED IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR TO OTHER EQUITABLE RELIEF OF ANY KIND. THIS MEANS (WITHOUT LIMITATION) THAT, IN CONNECTION WITH YOUR CLAIM, YOU AGREE THAT YOU WILL NOT SEEK, AND THAT YOU WILL NOT BE PERMITTED TO OBTAIN, ANY COURT OR OTHER ACTION THAT MAY INTERFERE WITH OR PREVENT THE DEVELOPMENT OR EXPLOITATION OF THE SERVICE, OR ANY ASPECT THEREOF, OR INTELLECTUAL PROPERTY OWNED, LICENSED, USED, OR CONTROLLED BY ANY BWHC PARTY (INCLUDING YOUR LICENSED UGC) OR A LICENSOR OF ANY BWHC PARTY.
E. Governing Law. For users for are not individual residents of the province of Quebec, these Terms and any applicable Additional Terms, General Disputes and IP Disputes, and any other claim brought by you against BWHC or by BWHC against you pursuant to this Section 11, or otherwise related to the Service, Content, BWHC Licensed Elements, UGC or other BWHC products or services, will be governed by, construed, and resolved in accordance with, the laws of the State of Delaware, U.S.A., without regard to its conflicts of law provisions that might apply the laws of another jurisdiction. This Section 11 shall be governed solely by the Federal Arbitration Act, 9 U.S.C. §1, et seq., and not by the law of any state, and is enforceable pursuant to its terms on a self-executing basis. You and BWHC agree that We intend that this Section 11 satisfies the “writing” requirement of the Federal Arbitration Act. This Section 11 can only be amended by mutual agreement. Either party may seek enforcement of this Section 11 in any court of competent jurisdiction. The arbitrator shall determine any and all challenges to the arbitrability of a claim.
F. Class Action Waiver. As permitted by applicable law, and for users who are not individual residents of the province of Quebec, both you and BWHC waive the right to bring any Dispute as a class, consolidated, representative, collective, or private attorney general action, or to participate in a class, consolidated, representative, collective, or private attorney general action regarding any Dispute brought by anyone else. Notwithstanding any provision in the JAMS Comprehensive Arbitration Rules and Procedures to the contrary, the arbitrator shall not have the authority or any jurisdiction to hear the arbitration as a class, consolidated, representative, or private attorney general action or to consolidate, join, or otherwise combine the Disputes of different persons into one proceeding. Notwithstanding the arbitration provision set forth above, if the provision regarding waiver of class, collective, representative, and private attorney general claims of this Section 11 is found to be void or otherwise unenforceable, any such class, collective, representative, or private attorney general claims must be heard and determined through an appropriate court proceeding, and not in arbitration.
G. Jury Waiver. AS PERMITTED BY APPLICABLE LAW, THE PARTIES HEREBY WAIVE THEIR RIGHT TO JURY TRIAL WITH RESPECT TO ALL CLAIMS AND ISSUES ARISING UNDER, IN CONNECTION WITH, TOUCHING UPON OR RELATING TO THESE TERMS, THE BREACH THEREOF AND/OR THE SCOPE OF THE PROVISIONS OF THIS SECTION, WHETHER SOUNDING IN CONTRACT OR TORT, AND INCLUDING ANY CLAIM FOR FRAUDULENT INDUCEMENT THEREOF.
H. Small Claims Matters. Notwithstanding the foregoing, either of us may bring qualifying claim of General Dispute (but not IP Disputes) in small claims court, subject to Section 11(f).
I. Supersede. The provisions of this Section 11 shall supersede any inconsistent provisions of any prior agreement between the parties. This Section 11 shall remain in full force and effect notwithstanding any termination of your use of the Service or these Terms.
12. Downloaded Software
If you download software from the Service, the software and all files, images and data relating to the software is subject to the license terms in the software license that accompanies or is provided with the software. You may only use the software pursuant to the terms of such software license. You do not own the downloaded software, and BWHC does not transfer ownership of the software to you. You may not redistribute, sell, decompile, reverse engineer, disassemble, or otherwise reduce the software to a human-perceivable form.
13. Update to Terms
It is your responsibility to review the posted Terms and any applicable Additional Terms each time you use this SERVICE YOU ARE ENTERING INTO A NEW AGREEMENT WITH US ON THE THEN APPLICABLE TERMS AND CONDITIONS AND YOU AGREE THAT WE MAY NOTIFY YOU OF NEW TERMS BY POSTING THEM ON THE SERVICE (OR IN ANY OTHER REASONABLE MANNER OF NOTICE WHICH WE ELECT), AND THAT YOUR USE OF THE SERVICE AFTER SUCH NOTICE CONSTITUTES YOUR GOING FORWARD AGREEMENT TO THE NEW TERMS FOR YOUR NEW USE AND TRANSACTIONS.
Any new Terms or Additional Terms will be effective as to new use and transactions as of the time that We post them, or such later date as may be specified in them or in other notice to you. In the event any notice to you of new, revised, or additional terms is determined by a tribunal to be insufficient, the prior agreement shall continue until sufficient notice to establish a new agreement occurs. You can reject any new, revised or additional terms by discontinuing use of the Service.
14. Forward-looking Statements
The Service may contain statements that involve BWHC´s intentions, expectations or predictions. Such statements reflect the views of BWHC as of the date made with respect to future events and are subject to risks and uncertainties. These statements could be inaccurate or could become inaccurate as a result of developments occurring after their respective dates. BWHC disclaims any intention or obligation to update or revise these statements.
15. Severability/No Waiver, Entire Agreement
If any provision of these Terms shall be found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. No failure on the part of BWHC to enforce these Terms shall constitute a waiver of any of BWHC´s rights under these Terms, whether for past or future actions on the part of any person. These Terms shall be the entire agreement between BWHC and you with respect to the subject matter hereto, and supersede all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this Terms will be binding unless provided as an update by BWHC to this document, or signed in writing by an authorized officer of BWHC.
// End Terms Effective as of: December 31, 2023
BWHC RETURN POLICY
How do you return an item?
Because our products are bespoke and/or are for personal care use, for sanitary reasons; Beauty Wellness Hair Care does not, under any circumstances, accept returns or exchange purchased products.
You received a faulty item!
Please get in contact with us within 7 days to let us know. It would save time to attach a picture of the fault and make sure you provide your name and order number in the email. You may be asked to return the faulty item to us, please follow our return steps to do this. If you send the faulty item back without contacting us first, we may end up sending it back to you as we were unaware that you received the item in this condition.
Can you send the item back for an exchange?
Unfortunately, we are currently unable to process exchanges.
What is our address?
950 1ST. STREET
BENICIA CALIFORNIA, 94510 USA
How do you return an item?
Beauty Wellness Hair Care does not, under any circumstances, accept returns or exchange purchased product.