Terms of Service
Last Updated: [Month Day, Year]
Welcome to Lingerie Brat! We're delighted you're here. This website is owned and operated by Lingerie Brat ("Lingerie Brat"). Throughout the site, the terms "we," "us," and "our" refer to Lingerie Brat.
This website, including all information, links, and services available from this site to you, the user, is expressly conditioned upon your acceptance of all terms, conditions, policies, and notices stated here. By visiting our site and/or ordering something from us, you engage in our "Service" and agree to be bound by the following terms and conditions ("Terms of Service" or "Terms").
These Terms of Service apply to all users of the site, including those who attempt to access or use the website. If you do not agree to all of the terms and conditions of this agreement, you may not access the website or use any of our services.
We reserve the right to amend any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of, or access to, the website following any changes constitutes acceptance of those changes.
1. General Conditions of Use
You represent that you are at least the age of majority in your state or commonwealth of residence, or that you are the age of majority in your state or commonwealth of residence and have given us your consent to allow any of your minor dependents to use this site.
Except where contrary to law, we reserve the right to refuse service to anyone for any reason at any time.
2. Conditions of Sale
All prices displayed on this website are quoted in U.S. dollars and are valid and effective only in the United States.
We reserve the right, without prior notice, to discontinue or change prices, quantities, and specifications of any product or service offered on this website without incurring any obligation. Changes to specifications and pricing will not affect orders placed before the change. All products displayed on this website are available while supplies last. Not all products and services are available in all areas, so please confirm availability before purchasing any product or service.
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. We may also cancel any sale and/or issue a return authorization for merchandise that:
- Is unexpectedly out of stock
- Does not conform to specifications
- Was advertised or shipped in error
We also reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.
You agree to provide current, complete, and accurate purchase and credit card account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address, credit card numbers, security codes, and expiration dates, so that we can complete your transactions and contact you as needed.
3. Disclaimer of Accuracy of Information
We are not responsible if information made available on this site is not accurate, complete, or current. The material on this site is provided for general information only. It should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on this site is at your own risk. We undertake no obligation to update, amend, or clarify information in the Service or on any related website, including pricing information, except as required by law.
Product Colors and Images. We make good faith efforts to display the colors and images of our products as accurately as possible. However, the display on your device may depict a product differently than it actually appears. Therefore, we do not warrant that the color, texture, quality, size, or fit of any product will meet your expectations. All returns and exchanges are subject to our Return & Exchange Policy.
Sales Tax. Lingerie Brat collects applicable California sales tax only on orders shipped to a California delivery address. For orders shipped to addresses outside California, Lingerie Brat does not currently collect sales tax at checkout. Customers may be responsible for any applicable use tax or other tax obligations in their own jurisdiction.
Site Modifications. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
4. Privacy and Personal Information
We recommend that you review our Privacy Policy, which is part of these Terms of Service. If at any time you are not in compliance with that policy, we have the right to terminate your rights of use and access to the website.
Unfortunately, we cannot ensure that personal information will never be disclosed in ways not otherwise described in the Privacy Policy. We may be required by law to disclose information to government authorities, law enforcement, or third parties upon subpoena. You authorize us to disclose information as we believe, in our sole discretion, is necessary or appropriate.
You understand that your content (not including credit card information) may be transferred unencrypted and may involve (a) transmissions over various networks and (b) changes to conform and adapt to the technical requirements of connecting networks or devices. While we take reasonable efforts to encrypt credit card and other confidential information, we are not responsible for the unforeseeable disclosure of such information.
5. Links
Third-Party Links. This site may contain links to other websites owned and operated by third-party vendors and other third parties. We provide these links solely as a convenience. The appearance of a link does not imply our endorsement, and we are not responsible for the content of any linked site. Your access to linked sites is at your own risk.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please carefully review each third party's policies and practices and make sure you understand them before engaging in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.
Linking to Our Site. You may not provide a hypertext link to the website on another website or platform without first obtaining our written approval. Any link to this website must clearly and accurately identify Lingerie Brat and the correct URL (lingeriebrat.com). The appearance, position, and other aspects of the link must not damage or dilute the goodwill associated with our name and trademarks, or create the false appearance that we are associated with or sponsor the linking website. We reserve the right to revoke our consent to any link at any time, in our sole discretion.
6. Compliance with Laws and Prohibited Conduct
You agree to comply with all applicable laws, statutes, ordinances, and regulations regarding your use of the site and your purchase of items on the site.
You may not use any device, software, or routine, including but not limited to malware, ransomware, viruses, trojan horses, worms, time bombs, or other malicious code, intended to damage or interfere with the proper working of the site, or to surreptitiously intercept or expropriate any system, data, or personal information from the site. You may not take any action that imposes an unreasonable or disproportionately large load on our infrastructure, including but not limited to denial-of-service attacks, "spam," or similar unsolicited mass email techniques.
In addition, you are prohibited from using the site or its content:
- (a) For any unlawful purpose
- (b) To solicit others to perform or participate in any unlawful acts
- (c) To violate any federal or state regulations, rules, laws, or local ordinances
- (d) To infringe upon or violate our intellectual property rights or the intellectual property rights of others
- (e) To harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability
- (f) For any immoral, obscene, or indecent purpose
- (g) To interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet
We reserve the right to terminate your use of the Service or the site for violating any of the prohibited uses.
7. Ownership and Use of Intellectual Property
This website and all intellectual property rights included in or related to the site (including but not limited to copyrights, trademarks, service marks, domain name rights, patents, and data rights) are owned or licensed by us. All right, title, and interest in the website and its intellectual property rights remain our property.
Please note that pictures of products and/or persons on the website are not in the public domain. You are not permitted to copy, download, modify, redistribute, or redisplay these images without our prior written consent.
You may not, and these Terms of Service do not give you permission to, reproduce, reverse engineer, decompile, disassemble, modify, or create derivative works with respect to the website. You also may not remove any copyright, trademark, or other intellectual property or proprietary notice or legend contained on the website or its content. Lingerie Brat's trademarks (whether registered or not) may not be used by you for any purpose.
8. Disclaimer of Warranties
We do not guarantee, represent, or warrant that any of our products or your use of our Service will be uninterrupted, timely, secure, or error-free. You agree that from time to time we may remove the Service for indefinite periods of time, or cancel the Service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and services delivered to you through the Service are (except as expressly stated by us) provided "as is" and "as available" for your use, without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
9. Limitations of Liability
USE OF WEBSITE: NEITHER LINGERIE BRAT NOR ANY OF OUR EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, SUCCESSORS, ASSIGNS, OR AFFILIATES SHALL BE LIABLE TO YOU OR ANY OTHER THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF USE OF THIS WEBSITE OR INABILITY TO GAIN ACCESS TO OR USE THE WEBSITE. FURTHERMORE, IN NO EVENT SHALL OUR LIABILITY WITH RESPECT TO THE WEBSITE EXCEED US$50.
PRODUCTS AND SERVICES: NEITHER LINGERIE BRAT NOR ANY OF OUR EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, SUCCESSORS, ASSIGNS, OR AFFILIATES SHALL BE LIABLE TO YOU OR ANY OTHER THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING AS A RESULT OF OUR PRODUCTS OR SERVICES. IN NO EVENT SHALL OUR LIABILITY WITH RESPECT TO SUCH PRODUCTS OR SERVICES EXCEED THE AMOUNTS ACTUALLY PAID BY YOU TO US FOR THE PRODUCT OUT OF WHICH LIABILITY AROSE.
THESE DISCLAIMERS OF TYPES OF DAMAGES AND LIMITATIONS OF LIABILITY APPLY TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF THE WEBSITE, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, PRODUCT LIABILITY, OR UNDER ANY OTHER CAUSE OF ACTION.
AS SOME STATES DO NOT ALLOW SOME OR ALL OF THESE DISCLAIMERS AND LIMITATIONS, THE ABOVE DISCLAIMERS AND LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, DAMAGES SHALL BE DISCLAIMED AND LIMITED TO THE GREATEST EXTENT PERMITTED BY SUCH STATE LAW.
10. Indemnification
You agree to indemnify, defend, and hold harmless Lingerie Brat and its shareholders, members, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third party.
11. Waiver
The failure of Lingerie Brat to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
12. Severability
If any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, that provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms of Service. Such a determination shall not affect the validity and enforceability of any other remaining provisions.
13. Governing Law and Jurisdiction
These Terms of Service, and any purchase orders through which we provide you goods or services, shall be governed by and construed in accordance with the substantive laws of the State of California, without regard to conflict-of-laws principles, except where applicable law requires otherwise. We specifically disclaim the applicability of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act.
To the extent permitted by applicable law, you agree that any action arising out of your use of this website or any product or service ordered through the site shall be brought exclusively in a court of competent jurisdiction located in Sacramento County, California. You consent to the personal jurisdiction and venue of those courts, except where applicable law provides otherwise.
14. State-Specific Legal Notices
Pursuant to California Business and Professions Code section 17538 and California Civil Code section 1789.3, California residents who use this site are advised of the following:
- Lingerie Brat, located at11230 Gold Express Drive Suite 310-202, Gold River, CA 95670 is the provider of the electronic commercial service on this site.
- Although Lingerie Brat reserves the right to begin charging for use of all or any portion of this site, there are currently no charges imposed by Lingerie Brat for use of this site, other than the cost of any products purchased on or through the site and any applicable taxes and shipping fees associated with those purchases. These charges appear for each purchase on the web pages relating to that purchase.
- The purchase rules are contained in these Terms of Service.
- The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 3090, Sacramento, CA 95814, or by phone at (800) 952-5210.
- Upon request, you may have this agreement sent to you by email.
We encourage you to contact Lingerie Brat to resolve any complaint regarding any aspect of service relating to this site by writing to the address above or contacting our customer service team at [Customer Service Phone Number].
15. Other General Provisions
No agency, partnership, joint venture, employee-employer, or franchisor-franchisee relationship is intended or created by these Terms of Service between you and us. These Terms of Service are an agreement between you and us and are not intended to benefit any third party.
If any provision of these Terms of Service is held to be invalid or unenforceable, that provision will be struck and the remaining provisions enforced. Headings are for reference purposes only. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We reserve the right to report any wrongdoing we become aware of to the applicable government agencies or otherwise.
These Terms of Service, and all writings and web pages incorporated by reference into them, set forth the entire understanding and agreement between you and us with respect to the subject matter hereof. Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
16. Contact Lingerie Brat
We love hearing from you! If you have any questions about these Terms of Service, please reach out:
Lingerie Brat
11230 Gold Express Dr. Suite 310-202
Gold River, CA 95670
- Customer Service:
- Email: email@lingeriebrat.com
- Website: lingeriebrat.com
