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Bella Shop Terms of Use

EFFECTIVE: January 17, 2022

Welcome to the Bella Shop and our Terms of Use (the "Agreement"). This Agreement is important and contains terms and conditions that affect your legal rights, so please read it carefully.

 

YOUR USE OF, AND OUR OFFERINGS ON, THIS SITE ARE ONLY GOVERNED BY THESE TERMS OF USE AND NOT ANY OTHER TERMS OF USE OR AGREEMENTS. THE PRODUCTS OFFERED ON THIS SITE ARE MERCHANDISE ASSOCIATED WITH THE BELLA LOVES ME BANKING EXPERIENCE.

 

By accessing or using the website https://shop.bellaloves.me/ or associated mobile applications (collectively, the "Site") provided by Bella Shop, which is owned and operated by Bella Loves Me LLC, (herein referred to as "Bella Shop," "we," "us" or "our"), under which we offer or may offer apparel, accessories, or other goods that relate to the Bella Loves Me banking service (the "Products") (collectively, with the Site, the "Services"), you agree to be bound by the terms and conditions contained in this Agreement and all other terms incorporated herein by reference. Some of the Services may be subject to additional terms and conditions we specify from time to time; your use of such Services is subject to those additional terms and conditions, which are incorporated into this Agreement by reference. This Agreement applies to all users of the Site.

 

We reserve the right, at our sole discretion, to change or modify portions of this Agreement at any time. If we do this, we will post the changes on this page and will indicate at the top of this page the date this Agreement was last revised. Your continued use of the Site after any such changes constitutes your acceptance of the new Agreement. You should periodically visit this page to review the current Agreement so you are aware of any revision to which you are bound. If you do not agree to abide by this or any future Agreement, do not use or access (or continue to use or access) the Site.

 

ARBITRATION NOTICE AND CLASS ACTION WAIVER: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION SECTION BELOW OR WHERE PROHIBITED BY APPLICABLE LAW, 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.

 

1. Privacy Policy.

1.1 Please refer to our Privacy Policy for information about how we collect, use, disclose and otherwise process information about you

 

2. Eligibility.

2.1 If you are below the age of eighteen (18) and are at or below the age of consent under applicable law in the state in which you reside, then your parent or legal guardian must read and accept this Agreement in your name and on your behalf.

 

2.2 You represent and warrant that you are at least 13 years of age. If you are under age 13, you may not, under any circumstances or for any reason, use the Site, even if your parent or legal guardian has read and accepted the Agreement. We may, in our sole discretion, refuse to offer the Services to any person or entity and change our eligibility criteria at any time.

 

2.3 We may test new features, offerings, services, user interfaces and Products that we are considering incorporating into or providing through our Site. We reserve the right to include or exclude you from these tests without notice.

 

2.4 You are solely responsible for ensuring that your use of the Services complies with all laws, rules and regulations applicable to you. If the applicable law in the state or territory in which you reside requires that you must be older than 13 to receive certain Services, then the minimum age is the legally required one. If you are a minor, you may wish to consult your parents about what portions of the Services are appropriate for you. The right to access the Site is revoked where this Agreement or use of the Site is prohibited or to the extent offering, sale or provision of the Services conflicts with any applicable law, rule or regulation.

 

3. Use of the Site.

3.1 The Site contains material, including but not limited to software, text, graphics and images (collectively referred to as the “Content”). We may own the Content, or portions of the Content may be made available to us through arrangements that we have with third parties. We do not guarantee that any Content you access on or through the Site is or will continue to be accurate. The Content is protected by United States and foreign intellectual property laws. Unauthorized use of the Content may result in violation of copyright, trademark, and other laws. You have no rights in or to the Content, and you will not use, copy or display the Content, including but not limited to use of framing or mirrors, except as permitted under this Agreement. No other use is permitted without our prior written consent. You must retain all copyright and other proprietary notices contained in the original Content on any copy you make of the Content. You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose. The use or posting of any of the Content on any other website or in a networked computer environment for any purpose is expressly prohibited. If you violate any part of this Agreement, your right to access and/or use the Content and Site shall automatically terminate and you shall immediately destroy any copies you have made of the Content.

 

3.2 The trademarks, service marks, and logos of Bella Loves Me LLC and affiliates (the “Bella Trademarks”) used and displayed in connection with the Services are registered and unregistered trademarks or service marks of Bella Loves Me LLC or LivePerson, Inc. Other company, product, and service names located on the Site or otherwise used in connection with the Services may be trademarks or service marks owned by third parties (the “Third Party Trademarks”, and, collectively with the Bella Trademarks, the “Trademarks”). Nothing on the Site, in the Services or in this Agreement should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site or otherwise used in connection with the Services without our prior written consent specific for each such use. The Trademarks may not be used to disparage us or any applicable third party, our or the applicable third party’s products or services, or in any manner (using commercially reasonable judgment) that may damage any goodwill in the Trademarks. Use of any Bella Trademarks as part of a link to or from any website is prohibited without our prior written consent. All goodwill generated from the use of any Bella Trademark shall inure to our benefit.

 

3.3 You agree not to: (a) take any action that imposes an unreasonable load on the Site’s infrastructure; (b) use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any activity being conducted on the Site; (c) attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or making up the Site; (d) delete or alter any material we or any other person or entity posts on the Site; or (e) otherwise take any action in violation of our guidelines and policies.

 

4. Third Party Sites.

4.1 The Site may contain links to third party websites, services or other resources on the Internet, including but not limited to our sponsors and affiliates, and other websites, services or resources may contain links to the Site (“External Sites”). These links are provided solely as a convenience to you and not as an endorsement by us of the content on such External Sites. The content of such External Sites is developed and provided by others. You should contact the site administrator for those External Sites if you have any concerns regarding such links or any content located on such External Sites. We are not responsible for the content of any linked External Sites and do not make any representations regarding the content or accuracy of any materials on such External Sites. You acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, goods or services available on or through any External Sites.

 

5. IP Infringement.

5.1 We respect the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should email us at shop@bellaloves.me, and we will take the appropriate steps to address your concern. You agree that taking these steps will not be considered formal notice under any legal regime. You agree to send us a message at the aforementioned email address and allow us a reasonable opportunity to address your concerns prior to making formal notice, which you can do by mailing your claim to: Attn: General Counsel Bella Loves Me LLC 530 7th Avenue Floor M1 New York, NY 10018.

 

6. Payments; Ordering & Availability; Billing.

6.1 You agree to provide accurate and up-to-date payment information at the time you order any Product. We have contracted with a third-party payment processor to facilitate purchases made on the Site. When you make a purchase through the Site, you will provide your payment details and any additional information required to complete your order directly to our third-party payment processor. You should be aware that online payment transactions are subject to validation checks by our payment processor and your card issuer and we are not responsible if your card issuer declines to authorize payment for any reason. For your protection, our payment processor uses various fraud prevention protocols and industry standard verification systems to reduce fraud and you authorize it to verify and authenticate your payment information. Please note, it is possible that your card issuer may charge you an online handling fee or processing fee. We are not responsible for this. In some jurisdictions, our payment processor may use third parties under strict confidentiality and data protection requirements for the purposes of payment processing services.

 

6.2 You agree to have sufficient funds or credit available upon placement of any such order to ensure that the purchase price will be collectible by us. We strive to provide accurate pricing information regarding the Products available on the Site. We cannot, however, insure against pricing errors. We reserve the right, at our sole discretion, to not process or to cancel any orders placed for a Product whose price was incorrectly posted on the Site as a result of an error. If this occurs, we will notify you by email. The Site may contain information regarding the availability of Products. In rare cases, a Product may be in stock when you place the order, and sold out by the time we attempt to process the order. Should this happen, we will notify you by email and cancel the item from your order.

 

6.3 Unless otherwise specified, prices quoted are exclusive of: (a) the costs of shipping or carriage to the agreed place of delivery; and (b) value added tax and any other tax or duty which (where applicable) must be added to the price payable. You agree to pay for taxes, shipping or carriage of the Products as such costs are specified by us when you submit your order.

 

6.4 Once you order, you should receive an order confirmation email from us with information about your order. Please make sure to retain that order confirmation email in case we ask for such email. Additionally, you may receive email notifications, as applicable, (i) if the order is canceled, (ii) if there is a payment error or abandoned checkout, or (iii) for shipping and delivery updates.

 

6.5 All orders of Products must be for your personal use only. By purchasing Products, you hereby agree not to resell or distribute such Products for any commercial purposes. All orders are subject to our acceptance or rejection based on Product availability, noncompliance with this Agreement or any other reason as determined in our sole discretion. We also reserve the right, in our sole discretion, to take steps to verify your identity to process your order. We will either not charge you or refund the charges for orders that we cancel or do not process.

 

6.6 We attempt to provide accurate descriptions of Products. We do not warrant, however, that the descriptions are accurate, complete, reliable, current or error-free. If a Product is not as described, your sole remedy is to return the item, unless otherwise agreed to and specified in writing by us.

 

6.7 Promotional codes offered within the BELLA LOVES ME App are for one time use only. Any unused value is forfeited and cannot be carried over into another transaction. Promotional codes will not cover the cost of shipping.

 

7. Delivery

7.1 We will endeavor to fulfill your order within 10 days after the date of purchase but no later than 30 days after the date of purchase, unless there are exceptional circumstances. When the Product(s) leave our warehouse, you will receive a tracking number by email.

 

7.2 Your order will be delivered to the delivery address that you specify when placing your order. If you happen to submit the incorrect shipping address, please contact us at shop@bellaloves.me as soon as possible. We cannot guarantee that we will be able to update the shipping address in time, but will do our best. Unfortunately, there is nothing we can do for orders that have already shipped to the incorrect shipping address.

 

7.3 The Product(s) ordered will be at your risk from the time you receive the Product(s). Ownership of the Product(s) ordered will also pass to you upon your receipt of the Product(s), provided full payment of all sums due in respect of the Product(s), including any delivery charges, has been received

 

7.4 If any BELLA LOVES ME merchandise you order is damaged or faulty when delivered to you, please email shop@bellaloves.me and we will do our best to make things right.

 

8. Returns.

8.1 All returns are at our sole discretion and we may refuse a return for any reason. However, we will endeavor, to the extent reasonably practicable, to accept Products for returns if requests are submitted within 30 days of order fulfillment (in its entirety). To start a return of your Product(s), please click on this link and initiate the online return. You may be eligible for a full refund as further detailed in Section 10.2 below.

 

After we receive your submission, we will respond with further instructions about returning the Product(s) to us.

 

8.2 You may be eligible for a full refund on the original payment method for unworn, unwashed Bella Shop Products, determined by us at our sole discretion, received within 30 days of the fulfillment date. Upon receiving the returned Product(s) from you, we will endeavor to process any refund due to you within 10 business days. You will be refunded in full to your original form of payment; however, we will not refund your cost of returning the Product(s) to us. If you received any promotional or other discount when you paid, any refund will only reflect the amount you actually paid, minus the shipping fee and taxes, if applicable.

 

9. Limitation of Liability and Disclaimer of Warranties.

9.1 EXCEPT AS OTHERWISE PROVIDED BY US IN WRITING, BELLA LOVES ME LLC AND BELLA SHOP, OUR AFFILIATES, AND OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS (COLLECTIVELY, THE “BELLA SHOP PARTIES“) MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE CONTENT OR THE SERVICES, INCLUDING BUT NOT LIMITED TO THE SITE’S ACCURACY, RELIABILITY, COMPLETENESS, TIMELINESS OR RELIABILITY. THE BELLA SHOP PARTIES SHALL NOT BE SUBJECT TO LIABILITY FOR THE TRUTH, ACCURACY OR COMPLETENESS OF THE CONTENT OR THE SITE OR ANY OTHER INFORMATION CONVEYED TO THE USER OR FOR ERRORS, MISTAKES OR OMISSIONS THEREIN OR FOR ANY DELAYS OR INTERRUPTIONS OF THE DATA OR INFORMATION STREAM FROM WHATEVER CAUSE. YOU AGREE THAT YOU USE THE SERVICES AND THE CONTENT AT YOUR OWN RISK.

 

9.2 THE BELLA SHOP PARTIES DO NOT WARRANT THAT THE SITE WILL OPERATE ERROR FREE OR THAT THE SITE, ITS SERVERS, OR THE CONTENT ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. IF YOUR USE OF THE SITE OR THE CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, NO Bella Shop PARTY SHALL BE RESPONSIBLE FOR THOSE COSTS.

 

9.3 EXCEPT AS OTHERWISE PROVIDED BY US IN WRITING, THE CONTENT AND THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. THE BELLA SHOP PARTIES DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF TITLE, MERCHANTABILITY, NON INFRINGEMENT OF THIRD PARTIES RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE.

 

9.4 IN NO EVENT SHALL ANY BELLA SHOP PARTY BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE SERVICES OR THE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF SUCH BELLA SHOP PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) $500.00

 

9.5 Some jurisdictions do not allow exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the above limitations or exclusions may not apply to you. IN SUCH JURISDICTIONS, THE LIABILITY OF THE BELLA SHOP PARTIES SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. NOTHING IN THESE TERMS AFFECTS ANY LEGAL RIGHTS AND REMEDIES YOU HAVE UNDER LOCAL LAW.

 

10. Indemnification.

10.1 To the fullest extent permitted by applicable law, you agree to defend, indemnify, and hold harmless the Bella Shop Parties from and against any claims, actions or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from your breach of this Agreement, any Feedback you provide, or your access to, use or misuse of the Content or Services. We shall provide notice to you of any such claim, suit, or proceeding that triggers this indemnification obligation, and you agree to do the same by writing to the Bella Loves Me Legal Department at legal@bellaloves.me. We reserve the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting our defense of such matter.

 

11. ARBITRATION CLAUSE AND CLASS ACTION WAIVER

PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH US AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.

 

You agree that any dispute between you and Bella arising out of or relating to these terms of use, privacy policy or the Services (collectively, “Disputes”) will be governed by the arbitration procedure outlined below

 

11.1 Informal Dispute Resolution. We want to address your concerns without needing a formal legal matter. Before filing a claim against Bella Shop, you agree to try to resolve the Dispute informally by contacting compliance@bellaloves.me. We will try to resolve the Dispute informally by contacting you through email or other in app communication, and you agree to engage in a good faith discussion about the Dispute. If a Dispute is not resolved within 30 days after submission, you or Bella Shop may bring a formal proceeding.

 

11.2 We Both Agree To Arbitrate. After the informal Dispute resolution process, you and Bella agree to resolve any Disputes through final and binding arbitration, except as set forth under “Exceptions to Agreement to Arbitrate” below.

 

11.3 Arbitration Procedures. The American Arbitration Association (AAA) will administer the arbitration of any Dispute under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes then in effect. Arbitration will be handled by a sole arbitrator in accordance with those rules. The arbitration will be held in New York, NY, unless we agree to an alternative location in our sole discretion. The AAA rules will govern payment of all arbitration fees.

 

11.4 Exceptions to Agreement to Arbitrate. Either party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Services, or infringement of intellectual property rights (for example, trademark, trade secret, copyright or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above.

 

11.5 No Class Actions. You may only resolve Disputes with Bella Shop on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed under our terms and conditions.

 

11.6 Judicial Forum for Disputes. Except as otherwise required by applicable law, in the event that the agreement to arbitrate is found not to apply to you or your Dispute, you and Bella Shop agree that any judicial proceeding will be brought in the federal or state courts of New York, New York. Both you and Bella Shop consent to venue and personal jurisdiction there. We both agree to waive our right to a jury trial.

 

11.7 Any claim arising out of or related to this Agreement or our Services must be filed within one year after such claim arose; otherwise, the claim is permanently barred, which means that you will not have the right to assert the claim.

 

12. Termination.

12.1 We reserve the right, in our sole discretion, to restrict, suspend, or terminate this Agreement and your access to all or any part of the Site at any time and for any reason without prior notice or liability, including the right to reject any order you place for the purchase of Products, which may result in the forfeiture and destruction of all information associated with your purchase. We reserve the right to change, suspend, or discontinue all or any part of the Services or the Content at any time without prior notice or liability. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, limitations of liability, class action waivers and arbitration.

 

13. User Must Comply with Applicable Laws.

13.1 You are solely responsible for ensuring compliance with the laws of your specific jurisdiction and for abiding by all applicable local, state, provincial, national and international laws and regulations.

 

14. Transfer and Processing of Personal Data.

14.1 In order for us to provide the Services, you agree that we may process, transfer and store information about you in the United States and other countries, where you may not have the same rights and protections as you do under local law.

 

15. Miscellaneous.

15.1 This Agreement is governed by the laws of the State of New York, without respect to its conflict of laws provisions. Any dispute between you and Bella Shop that is not subject to arbitration will be resolved in state and federal courts sitting in the City of New York in the State of New York. If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. Our failure to act on or enforce any provision of this Agreement shall not be construed as a waiver of that provision or any other provision in this Agreement. No waiver shall be effective against us unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance. We shall not be liable for any failure to perform our obligations hereunder where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation. Any information you submit to or provide through the Site might be publicly accessible, and you should protect important and private information. We are not liable for protection of privacy of email or other information transferred through the Internet or any other network that you may use.

 

15.2 Except as expressly agreed by us and you, this Agreement constitutes the entire agreement between us and you with respect to the subject matter, and supersedes all previous or contemporaneous agreements, whether written or oral, between us and you with respect to the subject matter. The section headings are provided merely for convenience and shall not be given any legal import. This Agreement is personal to you, and is not assignable, transferable or sublicensable by you except with our prior written consent. This Agreement will inure to the benefit of our successors, assigns, licensees, and sublicensees. No agency, partnership, joint venture, or employment relationship is created as a result of this Agreement and neither party has any authority of any kind to bind the other in any respect. Unless otherwise specified in this Agreement, all notices under this Agreement will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service. Electronic notices should be sent to legal@bellaloves.me.

 

15.3 Bella Loves Me LLC is a Delaware corporation with its headquarters at 530 7th Avenue Floor M1 New York, NY 10018.. You may contact us at the following email address: shop@bellaloves.me