Terms and Conditions of Sale and Use
OVERVIEW
This website is operated by Bendbus LLC. Throughout the site, the terms "we," "our," and "us" refer to Bendbus LLC. Bendbus LLC offers this website, including all information, tools, and services available on it to you, the user, subject to your acceptance of all the terms, conditions, policies, and notices stated here.
By visiting this site and/or purchasing one of our products, you engage in our "Service" and agree to be bound by the following terms ("Terms and Conditions of Sale," "Terms and Conditions of Sale and Use," "Terms"), including any additional terms, conditions, and policies referenced here and/or accessible via hyperlink. These Terms and Conditions of Sale and Use apply to all users of this site, including but not limited to those who browse the site, vendors, customers, merchants, and/or content contributors.
Please read these Terms and Conditions of Sale and Use carefully before accessing or using our website. By accessing or using any part of this site, you agree to be bound by these Terms and Conditions of Sale and Use. If you do not accept all the terms and conditions of this agreement, then you should not access the website or use the services offered on it. If these Terms and Conditions of Sale and Use are considered an offer, the acceptance is expressly limited to these Terms and Conditions of Sale and Use.
All new features and tools added to this shop will also be subject to these Terms and Conditions of Sale and Use. You can review the most recent version of the Terms and Conditions of Sale and Use at any time on this page. We reserve the right to update, change, or replace any part of these Terms and Conditions of Sale and Use by posting the updates and/or changes on our website. It is your responsibility to check this page regularly to see if any changes have been made. Your continued use of the website or access to it after the publication of any changes constitutes your acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the e-commerce platform that allows us to sell our products and services to you.
ARTICLE 1 – CONDITIONS FOR USING OUR ONLINE STORE
By accepting these Terms and Conditions of Sale and Use, you declare that you are of legal age in your country, state, or province of residence, and that you have given us your consent to allow any minor under your care to use this website.
The use of our products for any illegal or unauthorized purpose is prohibited, and you must not, in connection with the use of the Service, violate the laws of your jurisdiction (including, but not limited to, copyright laws).
You must not transmit any worms, viruses, or other destructive code.
Any violation or breach of these Terms and Conditions of Sale and Use will result in the immediate termination of your Services.
ARTICLE 2 – GENERAL TERMS We reserve the right to refuse access to the services to anyone at any time and for any reason.
You understand that your content (excluding your credit card information) may be transferred unencrypted, and this involves (a) transmissions over various networks; and (b) changes made to conform to and adapt to technical requirements for connecting networks or devices. Credit card information is always encrypted during transmission over networks.
You agree not to reproduce, duplicate, copy, sell, resell, or exploit any part of the Service, any use of the Service, or any access to the Service or contact on the website through which the Service is provided, without our prior express written permission.
The headings used in this agreement are included for your convenience only and will not limit or affect these Terms.
ARTICLE 3 – ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION
We are not responsible if the information available on this site is not accurate, complete, or up to date. The content on this site is provided for general information only and should not be relied upon as the sole basis for making decisions without consulting more accurate, complete, or up-to-date sources of information. If you choose to rely on the content of this site, you do so at your own risk.
This site may contain certain historical information. Historical information, by nature, is not up to date and is provided for reference only. We reserve the right to modify the content of this site at any time, but we are under no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
ARTICLE 4 – MODIFICATIONS TO THE SERVICE AND PRICES
The prices of our products may change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part of it) without notice and at any time.
We will not be held liable to you or any third party for any change in price, suspension, or discontinuation of the Service.
ARTICLE 5 – PRODUCTS OR SERVICES (if applicable)
Certain products or services may be exclusively available online through our website. These products or services may be available in limited quantities and may only be subject to returns or exchanges in accordance with our Return Policy.
We have made every effort to display as clearly as possible the colours and images of our products that appear in the shop. However, we cannot guarantee that the colour display on your computer screen will be accurate.
We reserve the right, but are not obligated, to limit the sale of our products or services to any person, in any geographical region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services we offer. All product descriptions and prices are subject to change at any time without prior notice, at our sole discretion. We reserve the right to discontinue the sale of any product at any time. Any offer for a product or service made on this site is void where prohibited by law.
We do not guarantee that the quality of any products, services, information, or other merchandise you have obtained or purchased will meet your expectations, or that any error in the Service will be corrected.
ARTICLE 6 – BILLING ACCURACY AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, at our sole discretion, limit or cancel the quantities purchased per person, per household, or per order. These restrictions may include orders placed by or from the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. If we modify or cancel an order, we will attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was placed. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by merchants, resellers, or distributors.
You agree to provide current, complete, and accurate order and account information for all purchases made at our shop. You agree to promptly update your account and other information, including your email address, credit card numbers, and expiration dates, so we can complete your transactions and contact you if necessary.
For more details, please refer to our Return Policy.
ARTICLE 7 – OPTIONAL TOOLS
We may provide you with access to third-party tools that we do not monitor, control, or influence.
You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties, representations, or conditions of any kind and without any endorsement. We will not be held liable for any legal consequences resulting from or related to the use of these third-party optional tools.
If you use the optional tools offered on the site, you do so at your own risk and discretion, and you should review the terms under which these tools are provided by the third-party suppliers.
In the future, we may offer new services and/or new features on our website (including new tools and resources). These new features and services will also be subject to these Terms and Conditions of Sale and Use.
ARTICLE 8 – THIRD-PARTY LINKS
Certain content, products, and services available via our Service may include materials from third parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy of these sites, and we do not guarantee or assume any responsibility for the content, websites, products, services, or other materials available on or through these third-party sites.
We are not liable for any damages or harm related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with these third-party websites. Please read the third parties’ privacy policies carefully and ensure you understand them before engaging in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to those third parties.
ARTICLE 9 – COMMENTS, SUGGESTIONS AND OTHER USER SUBMISSIONS
If, at our request, you submit specific content (e.g., for contests), or if, without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by mail, or otherwise (collectively, "comments"), you grant us the right, at any time and without restriction, to edit, copy, publish, distribute, translate and use otherwise in any medium any comments you send us. We are not and shall not be obligated to (1) maintain the confidentiality of the comments; (2) pay compensation for any comment provided; or (3) respond to any comments.
We may, but are not obligated to, monitor, modify, or remove content that we, in our sole discretion, determine to be illegal, offensive, threatening, libelous, defamatory, obscene, or otherwise objectionable, or that infringes the intellectual property of any party or these Terms and Conditions of Sale and Use.
You agree that your comments will not infringe upon the rights of any third party, including copyrights, trademarks, privacy, personality, or other personal or proprietary rights. You further agree that your comments will not contain any unlawful, defamatory, offensive, or obscene material, nor will they contain any viruses or other malicious software that could affect the functionality of the Service or any related websites. You may not use a false email address, impersonate someone other than yourself, or attempt to mislead us or third parties as to the origin of your comments. You are solely responsible for all comments you make and their accuracy. We assume no responsibility and disclaim all liability for any comments posted by you or any third party.
ARTICLE 10 – PERSONAL INFORMATION
The submission of your personal information on our shop is governed by our Privacy Policy. Click here to view our Privacy Policy.
ARTICLE 11 – ERRORS, INACCURACIES, AND OMISSIONS
There may be instances where the information on our site or in the Service contains typographical errors, inaccuracies, or omissions related to product descriptions, pricing, promotions, offers, shipping charges, delivery times, and product availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information in the Service or on any associated website is inaccurate, at any time and without prior notice (including after you have submitted your order).
We are not obligated to update, amend, or clarify the information in the Service or on any associated website, including but not limited to pricing information, except as required by law. No specific update or refresh date applied to the Service or on any associated website should be taken to indicate that all information in the Service or on any associated website has been modified or updated.
ARTICLE 12 – PROHIBITED USES
In addition to other prohibitions as set forth in the Terms and Conditions of Sale and Use, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to incite others to perform illegal acts or participate in them; (c) to violate any local ordinance or international, federal, state, or provincial law, rule, or regulation; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or could be used in any way to affect the functionality or operation of the Service or any related website, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, defraud, scrape, crawl, or collect information from the web (or any other resources); (j) for immoral or obscene purposes; or (k) to interfere with or circumvent the security features of the Service or any related website, or the Internet. We reserve the right to terminate your use of the Service or any associated website for violating any of the prohibited uses.
ARTICLE 13 – EXCLUSION OF WARRANTIES AND LIMITATION OF LIABILITY
We do not guarantee or warrant that your use of our Service will be uninterrupted, timely, secure, or error-free.
We do not guarantee that the results that may be obtained from the use of the Service will be accurate or reliable.
You agree that, from time to time, we may remove the Service for indefinite periods or cancel the Service at any time without notice.
You expressly agree that your use of the Service, or inability to use the Service, is at your sole risk. The Service and all products and services provided to you through the Service are (except as expressly stated by us) provided "as is" and "as available" for your use, and without any representations, warranties, or conditions of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Bendbus LLC, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including but not limited to loss of profits, revenues, savings, data, replacement costs, or any similar damages, whether in contract, tort (including negligence), strict liability, or otherwise, arising from your use of any service or product provided through the Service, or any other claim related in any way to your use of the Service or any product, including but not limited to any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if we have been advised of the possibility of such damages. Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, our liability in those states or jurisdictions will be limited to the fullest extent permitted by law.
ARTICLE 14 – INDEMNITY
You agree to indemnify, defend, and hold harmless Bendbus LLC, our parent company, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your violation of these Terms and Conditions of Sale and Use or the documents they incorporate by reference, or your violation of any law or the rights of a third party.
ARTICLE 15 – SEVERABILITY
If any provision of these Terms and Conditions of Sale and Use is found to be unlawful, void, or unenforceable, that provision will nonetheless be enforceable to the fullest extent permitted by law, and the unenforceable part will be deemed severed from these Terms and Conditions of Sale and Use, such severance will not affect the validity and enforceability of any remaining provisions.
ARTICLE 16 – TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date will survive the termination of this agreement for all purposes.
These Terms and Conditions of Sale and Use will remain in effect unless and until terminated by either you or us. You may terminate these Terms and Conditions of Sale and Use at any time by notifying us that you no longer wish to use our Services or when you cease using our site.
If we determine, in our sole discretion, that you have failed, or if we suspect that you have failed, to comply with any term or provision of these Terms and Conditions of Sale and Use, we may also terminate this agreement at any time without notice, and you will remain responsible for all amounts due up to the date of termination (inclusive), and/or we may deny you access to our Services (or any part thereof).
ARTICLE 17 – ENTIRE AGREEMENT
Any failure by us to exercise or enforce any right or provision of these Terms and Conditions of Sale and Use shall not constitute a waiver of such right or provision.
These Terms and Conditions of Sale and Use or any other policies or operating rules we post on this site or in relation to the Service constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding all prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior version of the Terms and Conditions of Sale and Use).
Any ambiguity in the interpretation of these Terms and Conditions of Sale and Use shall not be construed against the drafting party.
ARTICLE 18 – APPLICABLE LAW
These Terms and Conditions of Sale and Use, and any other separate agreements whereby we provide you with Services, will be governed by and construed in accordance with the laws of the United States.
ARTICLE 19 – CHANGES TO THE TERMS AND CONDITIONS OF SALE AND USE
You can review the most recent version of the Terms and Conditions of Sale and Use at any time on this page.
We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms and Conditions of Sale and Use by posting updates and changes on our site. It is your responsibility to visit our site regularly to check for changes. Your continued use of or access to our site after the posting of any changes to these Terms and Conditions of Sale and Use constitutes acceptance of those changes.
ARTICLE 20 – CONTACT DETAILS
Questions regarding the Terms and Conditions of Sale and Use should be sent to support@orthopeca.co.uk.