Terms And Conditions
TERMS AND CONDITIONS
By using www.bootaybag.com, you're agreeing to abide by the Terms & Conditions shown below.
BootayBag reserves the right to change these terms & conditions of use at any time without notice.
All content of this Site, and the site itself, are protected by copyright laws, trademarks and/or intellectual property rights. All content is the property of BootayBag. Such content includes, but is not limited to, photographs, images, text, graphics, button icons, software, audio clips, video clips, designs, logos, trademarks, trade dress and all other content contained in this Site, as well as the software used to design and develop this Site. All rights are reserved, worldwide. You may electronically download or print hard copies of pages from this web site solely for personal, non-commercial purposes related to placing an order or shopping with bootaybag.com. By downloading, copying and printing content for non-commercial use, you do not obtain any right, title or interest. Any other use of the Site is strictly prohibited without our prior written permission.
Disclaimer of Liability
By your use of this Site, you acknowledge that your use is at your sole risk and that you assume full responsibility for all costs associated with all necessary servicing or repairs of any equipment you use in connection with your use of this site. You further acknowledge that BootayBag shall not be liable for any damages of any kind related to your use of this site. We make no representations or warranties of any kind, express or implied, with respect to this Site, its content, and the information and services available on or through it, are provided "as is" with any and all faults. Except as otherwise provided under applicable laws, we and our affiliates will not be liable for any damages whatsoever arising out of or related to the use of this web site. This limitation of liability applies to direct, indirect, consequential, special, and punitive or other damages you or others may suffer, as well as damages for lost profits, business interruption or the loss of data or information; this applies even if we are notified in advance of the potential for any such damages.
Errors and Inaccuracies
We strive to provide complete, accurate and up-to-date information on the Site. Unfortunately, we are not able to ensure that the Site is completely free of human or technological errors. This Site may contain typographical mistakes, inaccuracies, or omissions, some of which may relate to pricing and availability and some information may not be complete or current. We reserve the right to correct any errors, omissions or inaccuracies. This includes making corrections after an order has been submitted -- and to change or update information at any time without prior notice.
Except for information necessary to place an order, any comments, suggestions, ideas or other submissions sent to us will be deemed non-confidential, and shall be the property Bootaybag, including worldwide rights in all intellectual properties.
Terms of Sale/ Online Purchases
The Company and its Website are designed to allow Users to purchase a subscription to receive quality underwear products every month. Once you create an account and authorize us to charge you, you will become an “Active Subscriber.” The Company reserves the rights to terminate your membership, to refuse any and all current or future use of the Website or the services or products offered by Us, and not to do business with any anyone, the Company deems appropriate in its sole discretion for any reason.
All purchases through our site or other transactions for the sale of goods, or services or information formed through the Website or as a result of visits made by you to the Website, whether via the actual website on a computer browser, through a mobile application or through a social networking site are governed by these Terms of Sale.
Your BootayBag User account will allow you to purchase products and services listed on our Website and you will allow Users to access the Services, products and functionality that we may establish and preserve from time to time in our sole discretion. We may also maintain different types of accounts for different types of Users. If you create a BootayBag User account on the Website on behalf of a company, organization, or any other entity, other than you includes you, you expressly represent and warrant that you are an authorized representative of that entity with the authority to bind that entity to these Terms and Conditions, and that you agree to these Terms and Conditions on behalf of that entity.
Creating an Account on the Website
Using another User's account without their express consent and permission is not allowed. Accurate and complete information must be provided when creating your User account. You are solely liable for the activity that occurs on your User account and it is your responsibility to keep your account credentials secure. Website User accounts require passwords. We recommend that you use “strong” passwords (passwords which include a combination of upper and lower case letters, numbers and symbols) for your account. If you become aware of any breach of security or unauthorized use of your Website Account, you must immediately notify the Company by email to firstname.lastname@example.org. The Company will not be held liable for any losses caused on your User account by any unauthorized use of your User account. You control your User account, user profile and the interactions you have with the Service by accessing the settings section in your User account page. By providing the Company with your email address you authorize us to use your email address to send you Servicerelated notices, which may include any notices required by law, in lieu of communication by postal mail. We may use your email address to send you messages regarding changes to features of the Service and messages regarding special offers.
Users may use the Website without incurring any costs or fees. However, Users are given the option of subscribing to the BootayBag service whereby users agree to receive a subscription for the receipt of a box of underwear on a monthly basis (known as the “Service”). The monthly subscription plan to the Service is offered for Twelve Dollars USD ($12.00) per month. The prices are subject to change without notice.
By subscribing to the monthly Service, you are considered a Subscriber of the Service, and you agree to the recurring monthly payment of Twelve Dollars USD ($12.00) per monthly subscription fee, whether monthly or in prepaid intervals offered by the Website. Once you subscribe the Company will process your Twelve Dollars USD ($12.00) per month monthly subscription fee for the first month. As described below, and every month, or term thereafter, until your subscription is cancelled or skipped by the USER BEFORE the 13th of each month by 11:59PM MST, without further notice to you or authorization from you. You may cancel your subscription via the website by logging in to your User Account.
By subscribing to the twelve (12) month or Yearly Service plan, you agree to a recurring annual subscription fee of One Hundred and Thirty Two USD ($132.00), plus applicable fees, shipping and taxes as may apply, every twelve months. This subscription fee is paid in a single lump sum payment when the user accepts the subscription plan.
The Company reserves its right to modify or alter these prices, but will give you notice of any changes made to these prices.
Placing an Order for Products and Services.
To purchase products and or Services from Us via the Website, you are required to provide the Company with information regarding your credit card or other authorized payment instrument. The Company reserves all right, at its sole discretion, to determine what form of payment it will accept. After placing an order on the Website, you will receive an email message from Us acknowledging that We have received your order. This acknowledgment email does not mean that your order has been accepted by Us. Your placed and acknowledged order constitutes an offer to Us to buy a product. All orders are subject to acceptance by Us, and We will confirm such acceptance to you by email that confirms that the product has been dispatched (“Confirmation”). The contract between us and you (“Contract”) will only be formed when we send you the Tracking email detailing that your product has shipped. The Contract will relate only to those products and or services whose dispatch we have confirmed in the Tracking email. We are not obligated to supply any other product that may have been part of your order until the dispatch of such products and/or services has been confirmed in a separate Tracking email. All products ordered through our Website shall be subject to the payment processes described below.
Each subscription is solely its own subscription and each are subjected separately to all terms and conditions laid forth in this document. Therefore, each subscription must be cancelled, updated, and handled separately. Cancellation, updating, or adjustments made to one subscription does not flow through to any other subscription for the Customer under their name of credit card information.
If you elect to use paid aspects of the Website offered by the Company, you agree to the pricing and payment terms cited on our Website, and as we may update them from time to time.The Company may add new Services for additional fees and charges, or change those fees and charges for existing services at any time in its sole discretion. You may use all major credit cards or debit cards for payment for all products and/or services offered by the Company.
Payments shall be processed through our Website in accordance with the payment information you submit on the Website. The Company reserves the right to withhold payment or charge back to your account any amounts otherwise due to Us, or amounts due to any failure to pay or other breach of these Terms and Conditions by you, pending the Company’s reasonable investigation of such breach. To ensure proper payment, you are solely responsible for providing and maintaining accurate contact and payment information associated with your account. All information that you provide in connection with a purchase from the Company or other transaction with the Website must be accurate, complete, and current. You agree to pay all applicable taxes or charges imposed by any government entity in connection with any purchase from the Company.
Disputes with the Company
If you dispute any payment made to the Company you must notify the Company in writing via email or in writing within thirty (30) days of making the payment in dispute. Failure to notify the Company shall result in the waiver by you of any claim relating to such disputed payment. Payment shall be calculated solely based on records maintained by the Company. No other accounting of any kind shall be accepted by the Company or have any effect under these Terms and Conditions. We may withhold any taxes or other amounts from payments due to you as required by law. By accessing the Website and agreeing to these Terms and Conditions, you expressly waive the right to request a chargeback from your credit card company, and acknowledge that your sole recourse for any disputes is through the dispute resolution procedures noted herein.
Cancellation and Refunds
Users may cancel their subscription at any time BEFORE the 13th of each month by 11:59PM MST by logging in to the Account Page and selecting 'My Account' under 'Manage Subscriptions', then “Canceling Subscription”.
By using this Website, you understand and agree that you shall receive no refunds and no exchanges for any products provided by the Company once our supplier or We deliver these items to the carrier who delivers these products, unless the product received by you is damaged and/or expired. The Company provides a selection of products which may vary from box to box sent to various Users of the Service. The Company cannot accommodate specific requests for certain products, as the Company operates from a limited inventory of products depending on availability.
Currently, BootayBag ships within the United States, Canada, the UK, and over 80 other countries. Packages are shipped within 30 business days after receipt of payment. This is subject to change at any time, and any delays resulting from unforeseen circumstances are not subject to a refund. For Canada addresses, it can take up to an additional 30 business days (total of 40), or longer, for delivery from when the package leaves the warehouse. Address changes must be made BEFORE the 13th of each month by 11:59PM MST to allow for the address change to be applied for that month’s shipment, in order to take effect for that month’s shipping. If the address is not updated in time, the carrier has the right to charge a forwarding fee.
Furthermore, BootayBag provides detailed tracking for all shipments is not responsible for packages once they leave our warehouse. Packages that are marked as “Delivered” to the address in which was provided to us BEFORE the 13th of the month by 11:59PM MST are not subject to reshipment or refund and is up to the sole responsibility of the customer to avail themselves to receive the package. Packages can not be reshipped until they are into our possession at our warehouse or other BootayBag related facility. Packages returned to us due to incorrect address by the customer is subject to fees to reshipment.
The ability to provide a correct address lies solely on the Customer and is not the responsibility of the Company. The Company will ship packages to addresses provided to us by the customer either through the Website, Email, or Verbal transaction and is not responsible for the carrier’s ability or availability to provide successful delivery to that address.