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Terms of Service

End User Legal Agreement • Privacy Policy

our terms.

Legal Agreement

All visitors (“user”, “you”, “your”) to the Bottom Basics Web site at www.bottombasics.com (“the Web site”) are entering a binding legal agreement on the following terms (the “agreement”) when using the Web site. The agreement is between the user and Bottom Basics ( “Bottom Basics”, “we”, “us”, “our” refer to Bottom Basics as the context requires) and use of this Web site indicates continued acceptance of this agreement.

Eligibility

Our services are available only to, and may only be used by, individuals who can form legally binding contracts under applicable law. Our services are not available to persons under 16 years of age.

Amendment to this agreement

We may amend the terms of this agreement from time to time, and we will let you know about these changes either by sending you an email to the email address you have registered with Bottom Basics or by displaying information about the changes on our home page, or both. Either way, your continuing use of the Web site will be taken to be acceptance of the new terms.

Passwords

You are responsible for actions made on the Web site using your password, including any products purchased or content displayed or messages sent, even if these actions were not approved or contemplated by you. You are solely responsible for any loss caused by any use of your password by you, or any other person.

You agree that you will not disclose your password to any other person and you will not keep your password where it can be copied or used by anyone other than you. If you suspect someone else knows your password, you must change it immediately.

Purchasing a Product on Bottom Basics

Users can purchase products on the Bottom Basics Web site using a valid credit card, Apple Pay, or the PayPal system.

You do not have to create an account to purchase a product.

The price you pay is fixed at the time of ordering.

You may not cancel an order once it has been submitted.

It is the customer’s responsibility to ensure the product delivery address is correct. Bottom Basics takes no responsibility for any product a customer does not receive because of errors in the delivery address given to us.

We do not warrant, endorse, make representations about or recommend any content or art offered or provided by any member.

You Instruct Bottom Basics to Cancel Incorrect Orders

You acknowledge that despite our reasonable precautions, products may be listed at an incorrect price or with incorrect information or may be unavailable. This may be due to an error or similar oversight. You acknowledge that we cannot facilitate an order where such an error exists and hereby instruct us to cancel such an order and take other action as required.

You authorize us to cancel an order if we believe that it is being made in contravention of this agreement, or in contravention of the rights of any person or any law. We may cancel an order even if it has been confirmed and the customer’s credit card or PayPal account has been charged. We reserve this right up until the time of delivery of the product to that customer. If a cancellation of this nature occurs after the customer has been charged for the product, we will credit the customer’s credit card or PayPal account for the amount in question.

Delivery

Delivery will be facilitated pursuant to the customer’s instructions by postal or courier service and will be paid for by the customer at the price indicated at the time of purchase. Bottom Basics will charge shipping charges to the customer which will vary depending upon the size and price of the product.

Damaged Goods

If a product is delivered to a customer that is physically damaged in some way, Bottom Basics will happily contact the manufacturer or seller to issue a replacement copy of the product after receiving reasonable proof of that damage.

If you receive a damaged product, then you must email Bottom Basics customer service within 10 days of receipt to tell us about the nature of the damage and to arrange for a new product to be sent to you at no cost to you.

Specific Warnings

You must ensure that your access to this Web site is not illegal or prohibited by laws that apply to you.

You must take your own precautions to ensure that the process that you employ for accessing this Web site does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage own computer system. We do not accept responsibility for any interference or damage to any computer system that arises in connection with your use of this Web site or any linked Web site.

We do not accept liability for any losses arising directly or indirectly from a failure to provide the Bottom Basics Web site, corruption to or loss of data, errors or interruptions, any suspension or discontinuance of the Bottom Basics Web site, or any transmissions by others in contravention of the registered members’ obligations as set out in this agreement.

You acknowledge that we may not be able to confirm the identity of other registered members or prevent them acting under false pretenses or in a manner that infringes the rights of any person.

Product Reviews

This Web site incorporates a user review tool that enables you to review products provided by Bottom Basics. This review tool is the intellectual property of Bottom Basics.

By submitting reviews on the Bottom Basics Web site, you agree the following in relation to our Review Tool:

  • You may only use the Review Tool for your own personal use (i.e. non-commercial use);
  • You acknowledge that the Review Tool is Bottom Basics’ intellectual property – not yours;
  • In respect of any reviews or other content you contribute through your use of the Review Tool, you grant Bottom Basics the perpetual right to use that content;
  • If the concept of ‘moral rights’ (or analogous rights) in relation to content applies in your country, then you agree to waive those rights, to the extent permitted by local laws;
  • You provide your explicit consent to receive post-sale emails sent by Bottom Basics, containing reminders to submit service reviews to the Review Tool and containing recommendations and links to third party goods and/or services, as required by applicable law; and
  • You consent to the use by Bottom Basics of your personal information for the purposes of provision of the services, sending applicable emails and recommendations, operation and improvement of this Web site, use of targeted behavioral advertisements and analysis and transfer to third parties for all of these purposes.

Linked Web Sites

This Web site may contain links to other Web sites (“linked Web sites”). Those links are provided for convenience only and may not remain current or be maintained.

We are not responsible for the content or privacy practices associated with linked Web sites.

Our links with linked Web sites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those linked Web sites, or of any information, graphics, materials, products or services referred to or contained on those linked Web sites, unless and to the extent stipulated to the contrary.

Disclaimer

We do not represent or guarantee that the Bottom Basics Web site, or any other Web site that is accessible using a hyperlink from this Web site will be free from errors or viruses. We do not represent or guarantee that access to the Bottom Basics Web site or these linked Web sites will be uninterrupted.

You acknowledge that the Bottom Basics Web site may be affected by outages, faults or delays. Such outages, faults or delays may be caused by factors, including technical difficulties with the performance or operation of our or another person’s software, equipment or systems, traffic or technical difficulties with the Internet or infrastructure failures.

We do not warrant that any members’ uploads to this Web site will be protected against loss, or misuse or alteration by third parties. We do not warrant that all uploaded content will be available on our Web site. If we elect in our sole discretion to make available content on our Web site, we do not warrant that it will be available within a certain time frame.

We do not accept responsibility for any loss or damage, however caused (including through negligence), that you may directly or indirectly suffer in connection with your use of this Web site or any linked Web sites, nor do we accept any responsibility for any such loss arising out of your use of or reliance on information contained on or accessed through this Web site.

To the extent permitted by law, any condition or warranty that would otherwise be implied into these terms and conditions is hereby excluded. Where legislation implies any condition or warranty, and that legislation prohibits us from excluding or modifying the application of, or our liability under, any such condition or warranty, that condition or warranty will be deemed included but our liability will be limited for a breach of that condition or warranty to one or more of the following, which we may offer as a gesture of goodwill:

If the breach relates to goods:

  • The replacement of the goods or the supply of equivalent goods;
  • The repair of such goods;
  • The payment of the cost of replacing the goods or of acquiring equivalent goods; or
  • The payment of the cost of having the goods repaired; and

This disclaimer set out in these terms and conditions does not attempt or purport to exclude liability arising under statute if, and to the extent, such liability cannot be lawfully excluded.

Indemnity

You agree to indemnify, defend and hold us, our officers, directors, employees, agents and representatives harmless, as well as, all third parties printing, manufacturing and/or otherwise fulfilling the products you are selling via the Web site, their officers, directors, employees, agents and representatives harmless, from and against any and all claims, damages, losses, liabilities, costs (including reasonable legal fees) or other expenses that arise directly or indirectly out of or from:

  • Your breach of any clause of this agreement;
  • Any allegation that any materials that you submit to us or transmit to the Web site infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; and/or
  • Your activities in connection with the Web site.

This indemnity will be applicable without regard to the negligence of any party, including any indemnified person.

Privacy Policy

Your privacy is very important to us. Users of our Web site should refer to our privacy policy – which is incorporated into this agreement by reference, for information about how we collect and use personal information.

Security of Information

No data transmission over the Internet can be guaranteed as totally secure. We strive to protect such information, however we do not warrant and cannot ensure the security of any information that you transmit to us. Accordingly, any information that you transmit to us is transmitted at your own risk.

Termination of Access

Access to this Web site may be terminated at any time by us without notice. Our disclaimer will nevertheless survive any such termination.

Dispute Resolution

This User Agreement and all disputes relating to this User Agreement, or relating to your use of any part of the Bottom Basics Web site, will be exclusively resolved under confidential binding arbitration held in San Francisco, California. All disputes will be resolved in accordance with the Rules of JAMS, applying California law, without regard to conflicts of law principles.

You and Bottom Basics agree to submit to the personal and exclusive jurisdiction of the Federal and New York State courts in Bronx County for purposes of enforcing any arbitration award. Notwithstanding the foregoing, Bottom Basics may seek injunctive or other equitable relief, from a court of competent jurisdiction. You and Bottom Basics agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. You and Bottom Basics agree that any cause of action arising out of or related to the Bottom Basics Web site (including but not limited to any services provided or made available therein) or this Agreement must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.

If you have a dispute with one or more users or sellers, you release Bottom Basics (and Bottom Basics’ officers, directors, agents, subsidiaries, joint ventures and employees) from claims demands and damages (actual and consequential) of every kind of nature, known and unknown, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code Section 1542 which states, “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor”.

General

We accept no liability for any failure to comply with this agreement where such failure is due to circumstances beyond our reasonable control. If we waive any rights available to us under this agreement on one occasion, this does not mean that those rights will automatically be waived on any other occasion.

If any of the terms of this agreement are held to be invalid, unenforceable or illegal for any reason, the remaining terms and conditions shall nevertheless continue in full force. You may close your account at any time by logging into your account and deleting your account. This service may contain translations powered by Google. Google disclaims all warranties related to the translations, express or implied, including any warranties of accuracy, reliability, and any implied warranties of merchantability, fitness for a particular purpose and non-infringement.

Security of Information

No data transmission over the Internet can be guaranteed as totally secure. We strive to protect such information, however we do not warrant and cannot ensure the security of any information that you transmit to us. Accordingly, any information that you transmit to us is transmitted at your own risk.

Termination of Access

Access to this Web site may be terminated at any time by us without notice. Our disclaimer will nevertheless survive any such termination.

Dispute Resolution

This User Agreement and all disputes relating to this User Agreement, or relating to your use of any part of the Bottom Basics Web site, will be exclusively resolved under confidential binding arbitration held in Bronx, New York. All disputes will be resolved in accordance with the Rules of JAMS, applying New York law, without regard to conflicts of law principles.

You and Bottom Basics agree to submit to the personal and exclusive jurisdiction of the Federal and New York State courts in Bronx County for purposes of enforcing any arbitration award. Notwithstanding the foregoing, Bottom Basics may seek injunctive or other equitable relief, from a court of competent jurisdiction. You and Bottom Basics agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. You and Bottom Basics agree that any cause of action arising out of or related to the Bottom Basics site (including but not limited to any services provided or made available therein) or this Agreement must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.

If you have a dispute with one or more users or sellers, you release Bottom Basics (and Bottom Basics’s officers, directors, agents, subsidiaries, joint ventures and employees) from claims demands and damages (actual and consequential) of every kind of nature, known and unknown, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code Section 1542 which states, “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor”.

General

We accept no liability for any failure to comply with this agreement where such failure is due to circumstances beyond our reasonable control.

If we waive any rights available to us under this agreement on one occasion, this does not mean that those rights will automatically be waived on any other occasion.

If any of the terms of this agreement are held to be invalid, unenforceable or illegal for any reason, the remaining terms and conditions shall nevertheless continue in full force.

You may close your account at any time by logging into your account, clicking on the hyperlink titled ‘Delete Account’, which appears on your account page located at https://bottombasics.com/my-account .

This service may contain translations powered by Google. Google disclaims all warranties related to the translations, express or implied, including any warranties of accuracy, reliability, and any implied warranties of merchantability, fitness for a particular purpose and noninfringement.