Terms of service

Terms & Conditions The Willow Sisters - Bozeman – operated by AKA MARKETING CONSULTING LLC, 838 Walker Road Suite 21-2, Dover, 19904, UNITED STATES

General Provisions This website is managed by AKA MARKETING CONSULTING LLC. In these terms, “we,” “us,” and “our” refer to AKA MARKETING CONSULTING LLC. We provide this website, along with all content, features, tools, and services offered through it, to you on the condition that you agree to and comply with every term, condition, policy, and notice outlined here.

By accessing our site and/or placing an order or making a purchase, you are participating in our “Service” and accept these Terms and Conditions (“Terms”), including any additional policies or terms linked or referenced here. These Terms govern all visitors, users, browsers, vendors, customers, merchants, content contributors, and others who interact with the site.

Carefully review these Terms before using the website or any services. Accessing or using any portion of the site signifies your agreement to these Terms. If you disagree with any part of this agreement, you must not use the website or our services. If these Terms represent an offer, your acceptance is strictly limited to the terms stated herein.

Any future features or tools added to the store will also fall under these Terms. The latest version is always available on this page. We may revise, modify, or update any section of these Terms by posting changes on the site. You are responsible for periodically reviewing this page. Your ongoing use of or access to the site after changes are posted indicates your acceptance of those updates.

Our online store is powered by Shopify Inc., which provides the e-commerce platform enabling us to offer our products and services to you.

Article 1 – Definitions The following terms have these meanings in these Terms:

  • Cooling-off period: The timeframe during which a consumer may cancel the purchase.
  • Consumer: A natural person acting outside any professional or business capacity who enters a distance contract with the entrepreneur.
  • Day: A calendar day.
  • Long-term transaction: A distance contract for ongoing delivery of products and/or services over a period of time.
  • Durable medium: Any means that allows the consumer or entrepreneur to store personalized information so it can be accessed unchanged in the future.
  • Right of withdrawal: The consumer’s ability to cancel a distance contract within the cooling-off period without reason.
  • Entrepreneur: The natural or legal entity offering products and/or services remotely to consumers.
  • Distance contract: An agreement formed through an organized remote sales system using one or more remote communication methods exclusively up to and including contract formation.
  • Means of distance communication: Any method enabling contract formation without the parties being physically present together.
  • Terms & Conditions: These current terms and conditions of the entrepreneur.

Article 2 – Entrepreneur’s Identity

  • Company name: AKA MARKETING CONSULTING LLC
  • Website: thewillowsisters-bozeman.com 
  • Email address: info@thewillowsisters-bozeman.com
  • Business address: 838 Walker Road Suite 21-2, Dover, 19904, UNITED STATES
  • Registration number: 15983867

Article 3 – Scope of Application These Terms apply to every offer made by the entrepreneur and to every distance contract and order concluded between the entrepreneur and the consumer.

Before the distance contract is concluded, the text of these Terms will be made available to the consumer. If this is not reasonably possible, it will be clearly indicated before the contract is concluded that the Terms can be viewed at the entrepreneur’s premises and will be sent free of charge to the consumer upon request as soon as possible.

If the distance contract is concluded electronically, the text of these Terms may be made available to the consumer electronically in such a way that the consumer can easily store it on a durable medium. If this is not reasonably possible, it will be stated before the contract is concluded where the Terms can be accessed electronically and that they will be sent free of charge upon request.

If specific product or service conditions apply in addition to these Terms, the rules above apply accordingly. In case of conflicting conditions, the consumer may always rely on the provision that is most favorable to them.

If one or more provisions of these Terms are wholly or partially invalid or voided, the agreement and these Terms remain in force otherwise. The invalid provision will be replaced as soon as possible by mutual agreement with a provision that most closely reflects the original intent.

Situations not covered by these Terms will be assessed in the spirit of these Terms. Any ambiguities in interpretation or content will likewise be resolved in accordance with the spirit of these Terms.

Article 4 – The Offer If an offer has a limited validity period or is subject to conditions, this will be explicitly stated in the offer.

All offers are non-binding. The entrepreneur reserves the right to modify or adjust any offer.

Each offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable the consumer to properly evaluate the offer. If images are used, they provide a truthful representation of the products and/or services. Obvious errors or mistakes in the offer are not binding on the entrepreneur.

All images, specifications, and data in the offer are indicative only and do not entitle the consumer to compensation or cancellation of the agreement. Product images are a truthful representation of the offered products. However, the entrepreneur cannot guarantee that displayed colors exactly match the actual product colors.

Each offer includes sufficient information to clearly show the consumer the rights and obligations attached to accepting the offer, including in particular:

  • The price, excluding customs duties and import VAT. These additional costs are the customer’s responsibility and risk. The postal and/or courier service will apply the special import scheme and collect VAT (possibly together with clearance costs) from the recipient.
  • Any shipping costs.
  • The way the agreement is concluded and the required actions.
  • Whether the right of withdrawal applies.
  • The method of payment, delivery, and execution.
  • The period for accepting the offer or the period during which the price is guaranteed.
  • Any special rates for distance communication if different from the standard rate.
  • Whether the agreement will be archived after conclusion and how the consumer can access it.
  • How the consumer can check and correct provided data before concluding the agreement.
  • Any additional languages in which the agreement may be concluded besides English.
  • Codes of conduct to which the entrepreneur is subject and how they can be consulted electronically.
  • The minimum duration of the distance agreement in case of a long-term transaction.

(Optional: available sizes, colors, materials, etc.)

Article 5 – The Agreement Subject to the provisions below, the agreement is concluded when the consumer accepts the offer and meets the conditions set out therein.

If the consumer accepts the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance electronically. Until this confirmation is received, the consumer may dissolve the agreement.

When the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure data transfer and provide a safe online environment. If electronic payment is possible, appropriate security measures will be observed.

Within legal limits, the entrepreneur may investigate the consumer’s ability to meet payment obligations and other relevant factors for responsibly entering into the agreement. If there are good grounds to refuse, the entrepreneur may decline an order or application or impose special conditions.

Upon delivery of the product or service (or earlier if agreed), the entrepreneur will provide the consumer in writing or on a durable medium with at least the following:

  1. The physical address of the entrepreneur’s establishment where complaints can be submitted.
  2. The conditions and procedure for exercising the right of withdrawal, or a clear statement that it is excluded.
  3. Information about guarantees and existing after-sales service.
  4. The information referred to in Article 4, unless already provided before execution.
  5. The requirements for terminating the agreement if it has a duration of more than one year or is indefinite.

For long-term transactions, the above applies only to the first delivery.

Every agreement is concluded under the condition that the relevant products are sufficiently available.

Article 6 – Right of Withdrawal When purchasing products, the consumer may cancel the agreement without giving reasons within 14 days. The cooling-off period starts the day after the consumer (or a pre-designated representative) receives the product.

During this period, the consumer must handle the product and packaging with care and may only unpack or use it to the extent necessary to determine whether they wish to keep it. If the consumer exercises the right of withdrawal, they must return the product with all accessories and, if reasonably possible, in its original condition and packaging, following the reasonable and clear instructions provided by the entrepreneur.

To exercise the right of withdrawal, the consumer must notify the entrepreneur within 14 days of receipt, in writing or by email. After notification, the product must be returned within a further 14 days. The consumer must provide proof of timely return (e.g., shipping receipt).

If the consumer fails to notify the entrepreneur or return the product within the stated periods, the purchase becomes final.

Article 7 – Costs in Case of Withdrawal If the consumer exercises the right of withdrawal, the costs of returning the products are borne by the consumer.

If the consumer has already paid, the entrepreneur will refund the amount as soon as possible, but no later than 14 days after withdrawal, provided the product has been received back or conclusive proof of complete return shipment has been provided.

Article 8 – Exclusion of the Right of Withdrawal The entrepreneur may exclude the right of withdrawal for certain products or services, provided this is clearly stated in the offer or at least before the agreement is concluded.

Exclusion is only possible for products:

  1. Made to the consumer’s specifications;
  2. Of a clearly personal nature;
  3. That cannot be returned due to their nature;
  4. That deteriorate or expire quickly;
  5. Whose price is subject to financial market fluctuations beyond the entrepreneur’s control;
  6. Individual newspapers or magazines;
  7. Audio/video recordings or computer software with broken seal;
  8. Hygienic products with broken seal.

Exclusion is only possible for services:

  1. Related to accommodation, transport, restaurant services, or leisure activities for a specific date or period;
  2. Where performance began with the consumer’s explicit consent before the cooling-off period ended;
  3. Related to betting and lotteries.

Article 9 – The Price During the validity period stated in the offer, prices will not be increased, except for changes due to VAT rate adjustments.

Products or services with prices subject to financial market fluctuations beyond the entrepreneur’s control may have variable prices. This dependency and the indicative nature of any stated prices will be mentioned in the offer.

Price increases within 3 months after conclusion are only permitted if due to statutory regulations or provisions.

Price increases after 3 months are permitted only if stipulated in advance and either due to statutory regulations/provisions or if the consumer has the right to terminate the agreement as of the date the increase takes effect.

Delivery takes place outside the EU, so no VAT is charged by the entrepreneur. The postal or courier service will collect import VAT and/or customs fees from the recipient.

All prices are subject to printing and typographical errors. No liability is accepted for such errors, and the entrepreneur is not obliged to deliver at the incorrect price in case of obvious mistakes.

Article 10 – Conformity and Warranty The entrepreneur guarantees that products and/or services conform to the agreement, the specifications in the offer, reasonable requirements of soundness/usability, and applicable legal provisions and government regulations at the time the agreement is concluded.

If agreed, the entrepreneur also guarantees suitability for purposes other than normal use.

Any warranty provided by the entrepreneur, manufacturer, or importer does not limit the consumer’s statutory rights and claims against the entrepreneur.

Defects or incorrectly delivered products must be reported to the entrepreneur in writing within 14 days of delivery. Products must be returned in original packaging and new condition.

The entrepreneur’s warranty period matches the manufacturer’s warranty period. The entrepreneur is not responsible for the ultimate suitability of products for the consumer’s specific use or for advice on use/application.

Warranty does not apply if:

  • The consumer repaired or modified the product themselves or via third parties;
  • The product was exposed to abnormal conditions, mishandled, or used contrary to instructions;
  • The defect results wholly or partly from government regulations regarding materials used.

Article 11 – Delivery and Execution The entrepreneur will handle orders with the greatest possible care.

Subject to Article 4, accepted orders will be executed promptly, but no later than 30 days unless a longer period is agreed.

If delivery is delayed, an order cannot be fulfilled, or can only be partially fulfilled, the consumer will be notified within 30 days of ordering. In such cases, the consumer may cancel the agreement free of charge and is entitled to compensation.

Upon cancellation, the entrepreneur will refund any payments as soon as possible, but no later than 14 days after cancellation.

If an ordered product is unavailable, the entrepreneur will make reasonable efforts to provide a replacement item, clearly stating this upon delivery. For replacement items, the right of withdrawal cannot be excluded, and return shipping costs are borne by the entrepreneur.

The risk of loss or damage passes to the consumer only upon delivery to the consumer or their pre-designated representative, unless otherwise explicitly agreed.

Article 12 – Long-Term Transactions: Duration, Termination, and Renewal Termination Agreements for indefinite periods involving regular delivery of products/services may be terminated at any time, subject to agreed termination rules and a maximum one-month notice period.

Fixed-term agreements for regular delivery may be terminated at the end of the fixed term, subject to agreed rules and a maximum one-month notice period.

Termination must be possible:

  • At any time, not limited to specific dates or periods;
  • In the same manner as the agreement was entered into;
  • With the same notice period the entrepreneur applies to itself.

Renewal Fixed-term agreements for regular delivery may not be automatically renewed for another fixed term.

However, fixed-term agreements for daily, news, and weekly newspapers/magazines may be renewed for up to three months if the consumer can terminate at the end of the renewal with a maximum one-month notice.

Other fixed-term agreements may only be renewed indefinitely if the consumer can terminate at any time with a maximum one-month notice (or three months for less frequent deliveries of newspapers/magazines).

Trial/introductory agreements for newspapers/magazines end automatically after the trial period and are not renewed.

Duration Agreements longer than one year may be terminated by the consumer after one year with a maximum one-month notice, unless reasonableness and fairness dictate otherwise.

Article 13 – Payment Unless otherwise agreed, amounts owed must be paid within 7 business days after the start of the cooling-off period (Article 6). For service agreements, this period begins after the consumer receives confirmation of the agreement.

The consumer must promptly report any inaccuracies in payment details.

If payment is not made, the entrepreneur may charge reasonable costs previously communicated to the consumer, subject to legal limits.

Article 14 – Complaints Procedure Complaints about the performance of the agreement must be submitted fully and clearly described to the entrepreneur within 7 days after the consumer discovered the defect.

The entrepreneur will respond to complaints within 14 days of receipt. If a longer processing time is needed, an acknowledgment will be sent within 14 days with an indication of when a detailed response can be expected.

If a complaint cannot be resolved mutually, it becomes a dispute subject to dispute resolution.

A complaint does not suspend the entrepreneur’s obligations unless otherwise stated in writing.

If a complaint is justified, the entrepreneur will, at their discretion, repair or replace the delivered products free of charge.

Article 15 – Disputes All agreements to which these Terms apply are governed exclusively by Dutch law, even if the consumer resides outside the Netherlands.

Article 16 – Contact Information Questions regarding these Terms & Conditions may be sent to: info@thewillowsisters-bozeman.com