The following terminology applies to these Terms and Conditions: “Client”, “You” and “Your” refers to you, the person accessing this website and accepting Company’s terms and conditions. “Company”, “We”, refers to our Company, Bowman Enterprise Services, Inc. “Parties”, refers to both the Client and Company. “Brace” refers to The LA Pectus Brace  and/or The LA Rib Flare Brace. “Information” refers to all information on this website, provided with Brace and provided to Client via communications. All Terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner for the express purpose of meeting the Client’s needs in respect of provision of Company’s stated services & products, in accordance with and subject to, prevailing United States Law.

In continuing to use this website and/or proceeding with your LA Pectus Brace order you are deemed to have read and agreed to the following Terms and Conditions:

PRIVACY & CONFIDENTIALITY:

We are committed to protecting your privacy. Authorized employees within Company use any information collected from individual customers to help process orders on a need to know basis only. We constantly review our systems and data to ensure the best possible service to our customers. We do not sell names or lists to other third parties. Clients have the right to request sight of, and copies of any and all of their respective records we keep, on the provision that we are given reasonable notice of such a request.

SUPPORT, EXCLUSIONS AND LIMITATIONS:

Brace and Information is provided on an “as is” basis. To the fullest extent permitted by law, this Company:

(i) will provide limited free email support to client for up to 180 days from purchase date. Free email support is limited to a maximum of 12 email responses per brace purchase. Company reserves the right to charge for additional email support. Company does NOT offer any inclusive phone or video support with the purchase of a brace. If a client needs direct assistance, at any time a Client can request paid video consultations with the pectus bracing orthotist which can be ordered from the ‘Shop’ page. However we reserve the right to refuse a video consultation request if we decide the request is inappropriate or we decide we can not assist you with your specific problem. In such an event any money pre-paid for said consultation would be refunded. Video support is provided by a certified pectus bracing orthotist but NOT by a medical doctor. The orthotist can provide suggestions but can not provide specific treatment instructions. All phone support requests are processed in a chronological manner. We make every effort to respond to all emails within 48 hours and we respond to most emails within 24 hours; and

(ii) excludes all representations and warranties relating to Brace and Information, including in relation to any inaccuracies or omissions in this website and/or Company’s literature; and

(iii) excludes all liability for damages arising out of or in connection with your use of Brace. This includes, without limitation, injury, direct loss, damage caused to your skin or torso or any other direct or indirect, consequential and incidental damages. This also includes any claims related to the worsening of any pre-existing conditions or the need for additional treatments or interventions as a result of using the Brace; and

(iv) excludes all liability for damages arising out of or in connection with your use of Information. This includes, without limitation, injury, direct loss, damage caused to your computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages.

The above exclusions and limitations apply only to the extent permitted by law. None of your statutory rights as a consumer are affected.

CANCELLATION, RETURN & EXCHANGE REFUND POLICY:

A cancellation is defined as an order that is placed and then cancelled within 72 hours. A return is defined as a product that is being returned for a partial refund. An exchange is defined as a product being returned to have the LA Pectus Brace exchanged for a different size and then shipped to the Client.

Clients will receive a full 100% refund on all cancelled orders that have not shipped. 

Refunds for refused deliveries (UPS/FedEx) will have the cost of both the outbound and the return shipping cost deducted from the return. Refunds on sized braces returned within 30 days that have NOT been used are subject to a restocking fee of $35.00. Refunds of sized braces that have been used but returned with 30 days are not re-usable and therefore require disassembly for possible re-use of parts and are therefore subject to a disassembly fee and restocking fee totaling $95. No refunds are available for braces that have returned after 30 days. No refunds are available for braces that have been custom made to measurements. No refunds are available for any claims made after 30 days of receiving the Brace. 

No refund is payable on the actual shipping costs paid by Company. Clients are responsible for paying the cost of return shipping fees. Please refer to the address below for shipping any returned brace. Any amounts due will be refunded after receipt of Brace. No refunds are available for online consultations that have been completed or scheduled twice and Client has failed to connect on both occasions.

Exchanges requested within 30 days are subject to a fee to ship the new size item of Brace as follows: $25 to an address in the continental USA or Canada. $55 to an address in all other destinations. Exchange requests after 30 days are not accepted. 

Client is responsible for $25.00 charge-back fee assessed upon initiating a charge-back with their credit card company which will be deducted from the customer’s return.

Please note all clients who return Brace for refund will not be eligible for placing any future orders (i.e. we will no not process any future orders for a client who has returned Brace). If placing a new order, amount will be automatically refunded and order cancelled. 

COPYRIGHT:

Copyright and other relevant intellectual property rights exist on all Information. Redistribution or republication of any part of Information is prohibited, including such by framing or other similar or any other means, without the express written consent of Company.

COMMUNICATION:

Clients can contact Company via our “Contact Us” page or via email at Support@PectusBrace.com. We have additional different e-mail addresses we may use for different queries. These and other contact information, may be found via Company communications or Company literature. Company is Bowman Enterprise Services, Inc. 15243 Vanowen Street, Van Nuys, CA 91405.

LIABILITY DISCLAIMER & WAIVER:

You acknowledge that Pectus Carinatum bracing is usually prescribed by a physician. In accessing this website and/or wearing Brace, you attest that you have either been diagnosed with Pectus Carinatum by a physician or accept all risks and liabilities from the ordering of and wearing of Brace. This includes any risks related to the worsening of your condition or the need for additional treatments or interventions. At no time shall Company be held liable for special, indirect, exemplary, consequential damages, or any damages whatsoever, including but not limited to worsening of your condition, breathing difficulty, skin sores or abrasions arising out of or in connection with the use of Information and/or the personal wearing of Brace. Company provides no guarantees of a satisfactory outcome. Results vary from one person to another depending on age, severity, flexibility and adherence to the treatment protocols.

No waiver of any of the provisions of this or any Agreement shall be effective unless it is expressly stated to be such and signed by both Parties. The laws of the United States govern these terms and conditions. By accessing this website, and/or wearing Brace you consent to these terms and conditions and to the exclusive jurisdiction of the United States courts in all disputes arising out of such access. If any of these terms are deemed invalid or unenforceable for any reason (including, but not limited to the exclusions and limitations set out above), then the invalid or unenforceable provision will be severed from these terms and the remaining terms will continue to apply. Failure of Company to enforce any of the provisions set out in these Terms and Conditions and any Agreement, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of these Terms and Conditions or of any Agreement or any part thereof, or the right thereafter to enforce each and every provision. These Terms and Conditions shall not be amended, modified, varied or supplemented except in writing and signed by duly authorized representatives of Company.

NOTIFICATION OF CHANGES:

Company reserves the right to change these conditions from time to time as it sees fit and your continued use of the site and/or products will signify your acceptance of any adjustment to these terms. If there are any changes to our privacy policy, we will announce that these changes have been made on key pages of this website. If there are any changes in how we use our site customers’ Personally Identifiable Information, notification by e-mail or postal mail to the last known contact information will be made to those affected by this change. Any changes to our privacy policy will be posted on our web site 30 days prior to these changes taking place. You are therefore advised to re-read this statement on a regular basis.

These Terms and Conditions form part of the agreement between the Client and Company. Your accessing of this website and/or use of Information and/or purchasing and wearing Brace indicates your understanding, agreement to and acceptance of the Terms and Conditions. Your statutory Consumer Rights are unaffected. By accessing this website and/or using Information and/or purchasing and wearing Brace you thereby indemnify this Company, its employees, agents and affiliates against any loss or damage, in whatever manner, howsoever caused.

 Bowman Enterprise Services, Inc, 15243 Vanowen Street, Van Nuys, CA 91010

© Bowman Enterprise Services, Inc 2020 All Rights Reserved