LAST UPDATED: April 24, 2020 (Effective April 25,2020)
ABOUT THESE TERMS
Accepting these Terms
Welcome to Brooke Bains LLC! This Terms of Service agreement (“Terms”) is between you (“you” or “your”) and Brooke Bains LLC (“we,” “our,” “us,” or “Brooke Bains LLC”), and governs your access to and use of our website located at bombshellme.com (and any successor site thereto) (the “Site”), our mobile application (the “App”) and related services, including Brooke Bains LLC’s product rental and sale services (together with the Site, the App, and the Content (as defined below), the “Services”). These Terms also apply to in-store and hotel rentals and sales, which are part of the Services.
Please review these Terms carefully; by accessing or using any of the Services, including by creating a Profile (as defined below), you acknowledge that you have read, understood, and agreed to be bound by these Terms.
These Terms are a legally binding contract between you and Brooke Bains LLC. By accepting these Terms, you represent that you are an individual of legal age to form a binding contract or, if you are not, that you have obtained parental or guardian consent to enter into these Terms. Under no circumstances may you access or use the Services if you are under thirteen (13) years old. Your access to and use of the Services in any way also means that you agree to all of these Terms, and these Terms will remain in effect while you access or use the Services. These Terms incorporate by reference any additional terms and conditions posted byBrooke Bains LLC through the Site and/or the App, or otherwise made available to you by Brooke Bains LLC (the “Additional Terms”), and you understand and agree that by accessing or using any of our Services, you agree to also comply with all Additional Terms.
EXCEPT FOR LIMITED CIRCUMSTANCES DESCRIBED IN SUBCLAUSE (c) OF THE ARBITRATION AGREEMENT BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION, OR TO A TRIAL BY JURY.
The Services are controlled or operated (or both) from the United States, and are not intended to subject Brooke Bains LLC to any non-U.S. jurisdiction or law. You may not use the Services to rent or purchase Products outside of the United States. Any use of the Site is at your own risk, and you must comply with all applicable laws, rules, and regulations in doing so. We may limit the Service’s availability at any time, in whole or in part, to any person, geographic area or jurisdiction that we choose.
We may, at any time and without liability, suspend, modify, or discontinue all or part of the Services (including access to the Site via any third-party links). We encourage you to check our Site periodically for the most current Service offerings. Similarly, we may update the Content, including descriptions and specifications about Products or Services, and we reserve the right to remove any Content (as described below) at any time, for any reason (including, but not limited to, if someone alleges you contributed Content in violation of these Terms), in our sole discretion, and without notice. Brooke Bains LLC will have no liability for any change in the Services, or any suspension or termination of your access to Services.
We also reserve the right to change these Terms at any time by notifying you of such changes by any reasonable means, including by posting the revised Terms on the Site. The “Last Updated” legend above indicates when these Terms were last changed. At our discretion, we may also notify you of certain changes by sending you an email to the email address associated with your Account. You are responsible for providing us with your current email address when you create a Profile, and, if your email address changes, for updating your Profile information to reflect your new email address. Your continued use of the Services, including by renting or purchasing Products (as defined below) from us, following any changes to these Terms will indicate your acknowledgement of such changes and agreement to be bound by the revised Terms. Any changes to the Terms will not apply to any dispute between you and us that arises prior to the date on which we posted the revised Terms incorporating such changes, or otherwise notified you of such changes. If you don’t agree with the new Terms, you may no longer access or use the Services.
ABOUT OUR SERVICES
How to Access brooke bains llc Services
As noted above, you must be 13 years or older to access or use the Services. To use the Services, you may be required to create a Profile (your “Profile”), select a password and username (your “Brooke Bains LLC User ID”), and provide us with certain information or data, such as your contact information. You promise to provide us with accurate, complete, and up-to-date information, and to maintain and update such information. You may not select as your Brooke Bains LLC User ID a name that you don’t have the right to use, or another person’s name with the intent to impersonate that person. We may reject, or require that you change, any Brooke Bains LLC information that you provide to us in registering for a profile.
Additionally, you may be able to access certain parts or features of the Services by using your account credentials from other services operated by third parties (each, a “Third Party Account”), such as those offered by Google and Facebook. By using the Services through a Third Party Account, you authorize us to access information from such Third Party Account for use in connection with the Services.
You may only use the Services and Products made available to you for your own personal, non-commercial use, and not on behalf of or for the benefit of any third party, and only in a manner that complies with all laws that apply to you. If your use of the Services or Products is prohibited by these Terms or any Additional Terms or applicable laws, then you are not authorized to use the Services or Products. You are solely responsible for any use by you of any Services or Products in violation of these Terms, any Additional Terms, or applicable law.
We may, for any reason, limit or restrict your access to or use of the Services, including, but not limited to, refusing to fulfill any order that you place with us or restricting orders placed under a single customer Account, payment card, or billing or shipping address. We reserve the right to limit, cancel, or prohibit any use of the Services for any reason in our sole discretion, including but not limited to availability and geographic concerns, or if we determine or suspect that you are using the Services for fraudulent or commercial purposes or for any other purposes in violation of these Terms or any Additional Terms.
Cost of the Services
We may charge you to access and use certain parts of the Services (the “Paid Services”). We reserve the right to modify or waive fees required to use certain parts of the Services. You are solely responsible for: (i) the fee for any Paid Services that you order and that are not cancelled in accordance with our cancellation policy, (ii) the price of any Products that are not returned in accordance with our policies, and (iii) any late fees accrued by you due to late or lost items.
If you rent a Product, the rental fee (“Rental Fee”) will include insurance charges and delivery charges (as applicable) listed. Brooke Bains LLC reserves the right to alter the Rental Fee or availability of any particular item at its discretion and without notice.
brooke bains llc Packaging
With the delivery of a Product, Brooke Bains LLC will provide you with pre-paid, pre-addressed packaging that you can use to return the Product (“Return Packaging”), as well as instructions for returning the Product to Brooke Bains LLC. You may not keep, sell, or transfer (other than to us) any Brooke Bains LLC-branded cosmetic bags, and accessory boxes (“Brooke Bains LLC Packaging”) that we provide to you. If the Brooke Bains LLC Packaging is not returned prior to the earlier of (i) sixty (60) days after the return of the associated Product or (ii) the termination, cancellation, or expiration of your Account or Paid Services, you hereby authorize us (or our third-party payment processor) to charge your Payment Method a non-refundable non-return fee for each cosmetic bag and/or accessory box that is not returned to us. After we charge your Payment Method for the Brooke Bains LLC Packaging that you did not return, you are permitted to retain such Brooke Bains LLC Packaging; however, we do not make, and expressly disclaim, any warranties of any kind with respect to suchBrooke Bains LLC Packaging, and the Brooke Bains LLC Packaging is provided to you on an “AS IS” basis.
Other Terms Related to Products and Services
Use of the Products
You agree to treat the Products with great care. You are responsible for any loss, destruction, or damage to the Products for any reason (other than normal wear and tear), including due to theft, loss, mysterious disappearance, fire, major stains, or any other cause. Normal wear and tear means minor dents or chips or other minor damage that is covered by the insurance you paid for with your rental of the applicable Product. If you return a Product that is damaged beyond normal wear and tear, then you hereby authorize us (or our third-party payment processor) to charge your Payment Method for the price for repairing or replacing the Product, as determined in our discretion, up to the full Retail Value for the Product.
You must provide us with accurate shipping information, so that we can timely deliver Products to you. You are responsible for providing us with accurate shipping information for deliveries and for keeping the shipping information for your Profile up-to-date. If you provide us with a shipping address that is invalid or where you cannot securely accept Products upon delivery, or if you do not keep your shipping information up-to-date, you are solely responsible for any resulting loss, theft, or damage to the Products. Following delivery to the designated address, as between you and us, you will be solely responsible for the condition of each Product until you return such Product (including while they are in transit). We reserve the right to reject, cancel, or prohibit any rentals or sales of Products for any reason.
Returns, Extensions, Shipping, and Lost Items
You agree to return each rented Product to Brooke Bains LLC on or before the return date for the Product identified in the applicable online invoice for your order. We may, but are not required to, permit you to extend your order for a Product (including by contacting us), subject to pre-payment of any additional fees applicable to that Product for the period of time of the extension. We are not responsible for any personal or other items left in the Products or which are returned to Brooke Bains, LLC in the Return Packaging. If you believe you have accidentally or otherwise sent any such items to us, please contact customer service as soon as possible at [email protected] We may, but are not required to, assist you in attempting to locate such items at your request, and we assume no responsibility or liability if we attempt to locate such items.
If you use the Return Packaging that we provide, you must use the shipping carrier specified on the pre-paid shipping label included with the Return Packaging. Brooke Bains LLC will not be responsible for loss, theft, or damage to Products that are shipped back to us using any carrier other than the carrier that is specified on our Return Packaging, or for any fees or expenses that you incur due to delays in Brooke Bains LLC receiving the Product. Brooke Bains LLC does not ship Products outside of the United States, and you may not return Products to us from outside of the United States without our prior written permission.
In the event that you lose or damage the Return Packaging that we provide, you will be responsible for returning the Product to us in your own packaging, at your own expense. Furthermore, you acknowledge that using any packaging or shipping carriers other than our Return Packaging and the carrier specified thereon may result in delivery delays and additional delivery fees for which Brooke Bains LLC will not be liable. You will be solely liable for all such delays and additional delivery fees.
Billing and Payments
How Payments Work
When you place a rental order for a Product, you hereby authorize Brooke Bains LLC to charge your payment card or other payment instrument (“Payment Method”) for the Rental Fee. You must ensure that at all times your Payment Method is valid and up-to-date. You are responsible for providing complete and accurate billing and contact information to Brooke Bains LLC and notifying Brooke Bains LLC of any changes to such information. Brooke Bains LLC will charge your Payment Method the amount of the Rental Fee immediately upon your rental order. A reservation of a Product through the Services is an order for the rental of that Product, regardless of how far in advance that Product is reserved. In addition, at the time of your rental order for a Product, you hereby authorize Brooke Bains LLC to charge your Payment Method for an amount up to the Retail Value of the Product set forth on the applicable Service plus applicable sales taxes; provided that Brooke Bains LLC will only charge your Payment Method for an amount that is greater than the Rental Fee as described below and in the Cost of Services section above. Rental Fees exclude all federal, state, and local taxes, goods and service tax, fees, customs, duties, levies, and other governmental assessments, all of which shall be paid by you directly or, if paid by Brooke Bains, LLC, shall be paid by you to Brooke Bains LLC in connection with your rental order.
We use a third-party payment processor (the “Payment Processor”) to bill you for any Paid Services through a payment account linked to your account (your “Billing Account”). By choosing to use Paid Services, you agree to pay us, through the Payment Processor, all charges at the prices then in effect for any use of such Paid Services in accordance with the applicable payment terms, and you authorize us, through the Payment Processor, to charge your chosen Payment Method. You agree to make payment using that selected Payment Method, but if the Payment Processor is not able to charge your preferred Payment Method, you authorize us to use any Payment Method stored on record for your Billing Account. We reserve the right to suspend or cancel a rental order or terminate your access to the Services in the event that we are unable to successfully charge the provided Payment Method. We are not responsible for errors by the Payment Processor, and we reserve the right to correct any errors or mistakes that we or the Payment Processor make(s) even if we have or our Payment Processor has already requested or received payment. If we, through the Payment Processor, do not receive payment from you, you agree to pay all amounts due on your Billing Account upon demand.
To delete a Payment Method or terminate your payment authorization, contact us at [email protected]
Please note that you will not receive any refunds for amounts already paid for the Membership Services, and you will still be responsible for payment of any fees or charges (including, without limitation, all Rental Fees) incurred by you prior to termination of your Membership Service. Membership Services cannot be terminated before the end of the Billing Period for which you have already paid, and except as expressly provided in these terms, Brooke Bains LLC will not refund any fees that you have already paid.
Brooke Bains LLC is also free to suspend, limit, or terminate your access to or use of the Services, for any reason in our discretion, including your breach of these Terms.
The following provisions survive expiration or termination of these Terms (or your Account): “Changes,” “Late Fees,” “Brooke Bains LLC,” “Returns, Extensions, Shipping and Lost Items,” “Your Content,” “Use Restrictions,” “Use of your Content,” “Limitation of Liability,” “Disclaimer of Warranties,” “Indemnity,” “Assignment,” “Choice of Law,” “Arbitration Agreement,” “Taxes,” “Waiver; Severability,” and “Entire Agreement.”
How to Cancel an Order
You may cancel a Product ordered using [email protected] subject to our cancellation fees and policies.