Terms and Conditions
Thank you for joining Bombfell. This Membership Agreement governs your use of this website, registration and membership. If you are not satisfied for any reason, you may simply cancel your membership without obligation.
PLEASE READ THIS MEMBERSHIP AGREEMENT CAREFULLY
YOU AGREE THAT BY USING THE SITE AND REGISTERING FOR MEMBERSHIP YOU ARE AT LEAST 18 YEARS OF AGE, OR VISITING THE SITE UNDER THE SUPERVISION OF A PARENT OR GUARDIAN, AND YOU ARE LEGALLY ABLE TO ENTER INTO A CONTRACT.
Use of the Website
Subject to the terms and conditions of this Agreement, Bombfell.com hereby grants you a limited, revocable, non-transferable and non-exclusive license to access and use the Site by displaying it on your internet browser only for the purpose of applying for a membership, and shopping for personal items sold or offered on the Site and not for any commercial use or use on behalf of any third party, except as explicitly permitted by Bombfell.com in advance and in writing. Any breach of this Agreement shall result in the immediate revocation of the license granted in this paragraph without notice to you.
Except as permitted in the paragraph above, you may not reproduce, distribute, display, sell, lease, transmit, create derivative works from, translate, modify, reverse-engineer, disassemble, decompile or otherwise exploit this Site or any portion of it unless expressly permitted by Bombfell.com in writing. You may not make any commercial use of any of the information provided on the Site or make any use of the Site for the benefit of another business unless explicitly permitted by Bombfell.com in advance and in writing. Bombfell.com reserves the right to refuse service, terminate accounts, and/or cancel orders at its discretion, including, without limitation, if Bombfell.com believes that client conduct violates applicable law or is harmful to Bombfell's interests.
You shall not upload to, distribute, or otherwise publish through this Site any Content, information, or other material that (a) violates or infringes the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any person; (b) is libelous, threatening, defamatory, obscene, indecent, pornographic, or could give rise to any civil or criminal liability under U.S. or international law; or (c) includes any bugs, viruses, worms, trap doors, Trojan horses or other harmful code or properties.
Content provided on this site is solely for informational purposes. Submissions or opinions expressed on this Site are that of the individual expressing such Submission or opinion and may not reflect the opinions of Bombfell.com. Product representations expressed on this Site are not made by Bombfell.com.
Bombfell.com may assign you a password and account identification to enable you to access and use certain portions of this Site. Each time you use a password or identification, you will be deemed to be authorized to access and use the Site in a manner consistent with the terms and conditions of this Agreement, and Bombfell.com has no obligation to investigate the authorization or source of any such access or use of the Site.
YOU WILL BE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF THIS SITE BY ANYONE USING THE PASSWORD AND IDENTIFICATION ORIGINALLY ASSIGNED TO YOU WHETHER OR NOT SUCH ACCESS TO AND USE OF THIS SITE IS ACTUALLY AUTHORIZED BY YOU, INCLUDING WITHOUT LIMITATION, ALL COMMUNICATIONS AND TRANSMISSIONS AND ALL OBLIGATIONS (INCLUDING WITHOUT LIMITATION FINANCIAL OBLIGATIONS) INCURRED THROUGH SUCH ACCESS OR USE.
You are solely responsible for protecting the security and confidentiality of the password and identification assigned to you. You shall immediately notify Bombfell.com of any unauthorized use of your password or identification or any other breach or threatened breach of this Site's security.
This Site is owned and operated by Bombfell, Inc. All right, title and interest in and to the materials provided on this Site, including but not limited to information, documents, logos, graphics, sounds and images (the "Materials") are owned either by Bombfell or by our respective third party authors, developers or vendors ("Third Party Providers"). Except as otherwise expressly provided by Bombfell, none of the Materials may be copied, reproduced, republished, downloaded, uploaded, posted, displayed, transmitted or distributed in any way and nothing on this Site shall be construed to confer any license under any of Bombfell's intellectual property rights, whether by estoppel, implication or otherwise. You must contact Bombfell if you have any questions about obtaining such licenses. Bombfell does not sell, license, lease or otherwise provide any of the Materials other than those specifically identified as being provided by Bombfell. Any rights not expressly granted herein are reserved by Bombfell.
Registration and Membership
No Purchase Commitment
As a member of Bombfell, you'll be sent a broad variety of awesome jeans, chinos, polos, collared shirts and more that fits and looks good. Because we are adding new brands all the time, you'll be sure to get lots of great items for your wardrobe. Although Bombfell's goal is to build your entire wardrobe at an affordable price, there is no monthly commitment to be a member. You may cancel your membership at any time by emailing us at email@example.com.
Monthly Selection Process
As a Bombfell member, each month you will receive a clothing selection based on your measurements and preferences. Each month, our inventory may change. Accordingly, Bombfell cannot guarantee that an item available in a particular month will be available in any subsequent month.
As a Registered user of Bombfell, you agree to receive emails promoting special offer(s) or more information about Bombfell. We may from time to time send you our monthly newsletter.
Non Preferred Members
As a member of Bombfell, you agree to receive emails, newsletters and other communications announcing upcoming clothing selections or assignments, and promoting any special offer(s).
As a member, you will receive a monthly email describing clothing our fashion experts have chosen to send out for that month. At this time, you can request any of the selected items in your size, and if the item is available - Preferred Recurring Members get first priority - it will be shipped to you after your credit card payment is successfully processed. Your selection will be sent according to our Shipping Policy. Once you've chosen your first product to purchase, you automatically become a Bombfell Preferred Recurring Member.
If you do not wish to make a purchase at this time, you can choose to skip the monthly selection. If you change your mind at a later date during the month, you can still make a purchase at that time, depending on availability.
Preferred Recurring Members
As a Preferred Recurring Member of Bombfell, you agree to receive emails, newsletters and other communications announcing your monthly fashion selections or assignments, and promoting any special offer(s), including third party offers.
As a Preferred Recurring Member, clothing will be shipped to you each month if you do not skip the month via the website. If you receive an unwanted selection, or if the selection is not completely to your liking, you may return it at our expense and you will not be billed. Simply use the return shipping label in the package (or on the website, if available) and drop it off at the shipping provider location.
Billing and Payments
For your convenience, when you place your first order and become an official member, we will save your credit or debit card information and use it for all future shipments and charges which will automatically be charged to your saved card, unless you notify us at firstname.lastname@example.org. We accept the following credit cards at this time: American Express, VISA, MasterCard and Discover Card. For your convenience and continuous membership benefits as a client, if your payment method reaches its expiration date and you do not edit your credit card information or cancel your account, you authorize us to continue billing that credit card on file including extending the expiration date until we are notified by you or the credit card company that the account is no longer valid. We encourage you to constantly update your payment method information or cancel your account should you wish to discontinue your membership with us.
Shipping, Returns and Exchanges
Shipping, return and exchange of any merchandise ordered through the Site or in connection with your membership are subject to the Bombfell Shipping and Return Policy.
Replacement of products and credits to your account for shipped merchandise claimed as not received are subject to our investigation, which may include postal-service notification. We will adjust your account at our discretion. Repeated claims of undelivered merchandise may result in the cancellation of your membership.
Returned items must be in unworn condition with tags still attached (if applicable). Returns requested after the 7 day try-on period are returnable for store credit only. Returns that have not been shipped 14 days after requesting a return will be charged. Returns requested more than 30 days after arrival will be subject to a $10 restocking fee. Returns received in damaged or used condition will not be refunded.
Risk of Loss
The risk of loss and title for items purchased by you pass to you upon Bombfell's delivery of the items to the carrier pursuant to the Bombfell Shipping Policy.
You may be charged local sales tax, if applicable.
This Site may be accessed from countries other than the United States. This Site may contain products or references to products that are not available outside of the United States. Any such references do not imply that such products will be made available outside the United States. If you access and use this Site outside the United States you are responsible for complying with your local laws and regulations.
We will do everything to make your membership as satisfying as possible. However, you are free to cancel your membership any time by by going to https://www.bombfell.com/account/cancellation. If you stay, you will be eligible to enjoy long-term membership rewards, such as private sales and special offers for preferred clients. Refunds are at the sole discretion of Bombfell.com.
We may terminate your membership, without notice, for conduct we believe violates this Agreement or our policies, is harmful to other Members or our business interests, or for an inactive account.
If there is any dispute between us, it is agreed that either of us may elect to have it resolved by proceeding in small claims court or by binding arbitration administered by the National Arbitration Forum, the American Arbitration Association, or JAMS under their rules for consumer arbitrations. All disputes in arbitration will be handled just between the named parties. The arbitrator shall not have authority to conduct any proceedings on a class, private attorney general, or other representative basis; nor to entertain any claim of, nor provide any relief to any person who is not a named party; nor to join or consolidate claims by or for individuals with different accounts. You acknowledge that this means that you may not have access to a court or jury.
Disclaimer and Limitation of Liability
Except as otherwise provided in the standard terms of sale that govern the sale of each product on this site, the products offered for sale on it and the transactions conducted through it are provided by Bombfell on an "as is" basis. Bombfell makes no representations or warranties of any kind, express or implied, as to the operation of the site or the information, content, materials, or products included on this site except as provided herein. to the full extent permissible by applicable law, Bombfell disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose, noninfringement, title, quiet enjoyment, data accuracy and system integration. This site may include inaccuracies, mistakes or typographical errors. Bombfell does not warrant that the content will be uninterrupted or error free.
To the maximum extent permitted by law, Bombfell will not be liable for any damages of any kind arising from the use of this site, including, but not limited to indirect, incidental, punitive, exemplary, special or consequential damages. To the maximum extent permitted by applicable law Bombfell's total liability to you for any damages (regardless of the foundation for the action) shall not exceed in the aggregate the amount of fees actually paid by you to Bombfell during the month immediately preceding the act allegedly giving rise to Bombfell's liability.
In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, Bombfell shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. Bombfell shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, Bombfell shall immediately issue a credit to your credit card account in the amount of the charge.
All Site design, text, graphics, the selection and arrangement thereof, Copyright © 2013, Bombfell, Inc. ALL RIGHTS RESERVED. Bombfell respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us.
You agree that Bombfell's remedy at law for any actual or threatened breach of this Agreement would be inadequate and that Bombfell shall be entitled to specific performance or injunctive relief, or both, in addition to any damages that Bombfell may be legally entitled to recover, together with reasonable expenses of any form of dispute resolution, including, without limitation, attorneys' fees.
No right or remedy of Bombfell shall be exclusive of any other, whether at law or in equity, including without limitation damages injunctive relief, attorneys' fees and expenses.
No instance of waiver by Bombfell of its rights or remedies under these terms and conditions shall imply any obligation to grant any similar, future or other waiver.
Links to Third Party Sites
This Site may contain links to websites controlled by parties other than Bombfell (each a "Third Party Site"). Bombfell may work with certain partners and affiliates whose sites are linked with Bombfell. Bombfell is not responsible for and does not endorse or accept any responsibility for the availability, contents, products, services or use of any Third Party Site, any web site accessed from a Third Party Site or any changes or updates to such sites. Bombfell makes no guarantees about the content or quality of the products or services provided by such sites. Bombfell is not responsible for webcasting or any other form of transmission received from any Third Party Site. Bombfell is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Bombfell of the Third Party Site. You acknowledge that you bear all risks associated with access to and use of content provided on a Third Party Site and agree that Bombfell is not responsible for any loss or damage of any sort you may incur from dealing with a third party. You should contact the site administrator for the applicable Third Party Site if you have any concerns regarding such links or the content located on any such Third Party Site.
By continuing your membership, you accept and agree to the terms of this Membership Agreement and any changes made by us to it once we notify you of these changes. If you do not wish to be bound by this Agreement, please see above for how to cancel your membership. Your edits or changes to either the online or offline versions of this Agreement or a membership offer will not be effective, regardless of form.