Terms And Conditions
TERMS AND CONDITIONS
By subscribing with and using the site www.bootaybag.com you acknowledge that you have read, understood, and agree to the following Terms and Conditions. If, at any time, you do not agree or comprehend these Terms, please do not use this site.
BootayBag LLC. reserves the right to change these terms & conditions of use at any time without notice.
Copyright and Intellectual Property
All website content is protected by copyright laws, trademarks and/or intellectual property rights and is the property of BootayBag, LLC. 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 within the website including the software used to develop it. All rights are reserved, worldwide. You may electronically download or print hard copies of pages from this website 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 website or its content is strictly prohibited without prior written permission.
Disclaimer of Liability
By use of this website, you acknowledge the sole responsibility and risk for any and all costs associated with the servicing or repairs of any equipment in connection with your use of this website.You further acknowledge that BootayBag LLC is not liable for any damages of any kind related to your use of this site. We make no representations or warranties either express or implied, with respect to this site, its content and the information and services available on or through it. These services are provided "as is" with any and all faults. This limitation of liability applies to direct, indirect, consequential, special, punitive or other damages you or others may suffer as well as lost profits, business interruption or the loss of data/information; additionally, this limitation applies 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 website. Unfortunately, we cannot guarantee that all site content is free of human or technological errors. This website may contain typographical mistakes, fragmentary statements and inaccuracies or omissions pertaining to pricing and availability. We reserve the right to correct any errors, omissions or inaccuracies at any time without prior notice including those corrections made to an order once it has been submitted.
Non- Confidentiality Statement
Excluding required information for order placement, any comments, suggestions, questions or other submissions will be deemed non-confidential and shall be the property of Bootaybag LLC, including worldwide rights in all intellectual properties.
Terms of Service/Electronic Purchasing
BootayBag LLC and its website are designed to provide consumers with a quality choice for monthly underwear subscriptions.Once subscribed, the user authorizes BootayBag LLC to process a payment on the 15th of each month without continued consent. BootayBag LLC reserves the right to terminate membership, any current or future use of the website and further use of its services or products for any reason at any time. All sales, including those that have yet to ship are considered final and will not be refunded or exchanged for any reason.
All purchases made via the BootayBag LLC website, social networking site, mobile application or mobile device for the sale of goods or services are governed by the aforementioned Terms of Sale.
User Accounts and Security
Although BootayBag LLC intends to make the website and the services available thereon available at all times, BootayBag has no liability if, for any reason, the website is not available to users. We reserve the right to withdraw or amend this website, and any product, service, or material we provide on the website without notice. BootayBag LLC will not be liable if for any reason, or no reason at all, all or any part of the website is unavailable at any time or for any period of time.
Once subscribed, a BootayBag user account is created via our customer portal. The customer portal allows consumers to purchase products and services listed on the website as well as providing functionality to update subscription preferences. The customer portal functionality may be updated or discontinued at any time, without reason, per the discretion of BootayBag LLC. Consumers creating a BootayBag user account on the website on behalf of a company, organization or any other entity, expressly consents to be an authorized representative of that entity. This aforementioned entity and those non-disclosed are required to adhere to the aforementioned Terms and Conditions.
The utilization of another user's account without their express consent is forbidden. Accurate and complete billing, shipping and contact information are required in order to create a user account. Any and all activity that occurs within the customer portal by the user, is the sole responsibility and risk of the registered user. Website user accounts require passwords for confidentiality and security. BootayBag LLC is not liable for any breach in security network or otherwise. We recommend using “strong” passwords (which include a combination of upper and lower case letters, numbers and symbols) to ensure user account security. Any and all reports of a security breach must be reported immediately to BootayBag LLC. BootayBag LLC will not be held liable for any losses incurred by any unauthorized use of the user account.
Subscribing and Payment
Bootaybag LLC offers varying and diverse service options including but not limited to: the purchase of bralettes, pre-selected monthly subscription services and one- off items. Pricing is dependent upon subscription selection and residential location. Pricing is subject to change at any time, without notice. Subscription costs include shipping and handling within the United States. Subscribers residing outside the continental United States may incur additional shipping, handling and serving fees.
By using, accessing, or purchasing from this website and “subscribing”, which is owned and operated by Bootaybag LLC, you acknowledge that you have read, understood, and agree to the aforementioned Terms of Service and Terms and Conditions. Furthermore, subscribers using this site agree to pay and deposit the pre-disclosed monthly reoccurring or lump sum payment at time of purchase with or without continued consent. All products and services offered by BootayBag LLC reoccur on a monthly basis unless otherwise stipulated by the consumer on the customer portal. Stipulations, adjustments and changes to a consumer subscription must be successfully accomplished by 11:59PM EST on the 14th day of each month.
Bootaybag LLC reserves the right to modify or alter these pre-disclosed prices at any time, without reason or consumer notification.
BootayBag LLC may add new services for additional fees and charges, or change the fees and charges for existing services at any time per our discretion. BootayBag accepts all major forms of payment for all products and services including Visa, MasterCard, American Express, Discover and Capital One.
Disputes with BootayBag LLC
Disputing a payment does require a written notification to the BootayBag LLC team within thirty (30) days of making the payment in dispute. Failure to notify the Company shall result in the waiver of any claim on or relating to said disputed payment. Payment shall be calculated solely based on records maintained by the Company. No accounting of any kind shall be accepted by the Company or have any government under the aforementioned 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 14th of each month by 11:59PM MST. This is completed by logging into the customer portal selecting "Subscriptions," "Edit"and “Cancel Subscription”.
By using this website, you understand and agree that you shall receive no refunds and no exchanges for any products disbursed by BootayBag LLC unless the product is reasonably damaged, expired or otherwise lacking "out-of-the box" quality as determined by BootayBag LLC. Cancellations completed prior to the shipment of product do not guarantee refund as all sales are final. BootayBag LLC does not accommodate specific product or delivery requests.
Shipping, Handling and Fees
Currently, BootayBag LLC ships within the United States, Canada, the U.K, and over 80 countries worldwide. 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. Address changes must be completed BEFORE the 14th of each month by 11:59PM EST. If addresses are not updated in a timely manner as required by the above Terms and Conditions, the carrier and Bootaybag reserves the right to process an additional forwarding fee of 3$.
Furthermore, BootayBag is not liable for the delivery of packages once they’ve departed the DHL Worldwide Express shipping facility. Packages labeled “Delivered” to the provided shipping address BEFORE the 14th of the month by 11:59PM EST are eligible for free reshipment or refund. Packages otherwise labeled “delivered” without proper shipping address confirmation are not eligible for refund nor reshipment and becomes the sole responsibility of the customer to avail themselves to receive the package. Packages can not be reshipped until they are possessed by BootayBag LLC or related facility. Packages returned to us due to incorrect address by the customer are subject to the aforementioned 3$ reshipment/forwarding fee.
The ability to provide a correct address lies solely on the Customer and is not the responsibility of the BootayBag LLC. BootayBag LLC will disburse packages to the mailing address provided by the customer either through the Website, Email, or Verbal transaction and is not responsible for the carrier’s ability, lack thereof or availability to provide successful delivery to the provided address.