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TERMS & CONDITIONS
In these Terms and Conditions, we use the following definitions:
- “Agreement” refers to these Terms and Conditions;
- “BulbHead” or “we” or “us” refers to our company, known as “BulbHead.com”; our Site; our Service; or a combination of all or some of the preceding definitions, depending on the context in which the word is used;
- “Service” refers to the services that we provide through our Site, including our Site itself;
- “Site” refers to our website, www.BulbHead.com;
- “User” refers to anyone who uses our Service, including general visitors to our Site;
- “You” refers to you, the person who is entering into this Agreement with BulbHead.
You can register and create an account on our Site. Registration provides you with access to the full features of our Service. However, if you do not want to register, you can browse our Site or make a purchase by checking out as a guest. To register or checkout as a guest,
- You must be the minimum age required to enter into a contract in the area in which you reside, and, in any event, must not be less than 18 years of age.
- You must provide us with personal information, payment information, and other information that we deem necessary to provide you with our Service.
4. Rules of Use
- Be at least 18 years old in order to register on or use our Site. Register or purchase as a guest using your real name.
You must not:
- Purchase items from our Site for resale.
- Violate the laws of the United States, its states, or any foreign political entity having jurisdiction over this Agreement, whether or not the foreign political entity is a country or a subdivision (such as a state or province) or municipality (such as a city, town, county, or region) of a foreign country.
- Post or send anything violent, threatening, pornographic, racist, hateful, or otherwise objectionable according to the opinion of BulbHead.
- Infringe on anyone’s intellectual property rights, defame anyone, impersonate anyone, or otherwise violate the rights of a third party.
- Submit any content to the Site anonymously.
- Hack, crack, phish, SQL inject, or otherwise compromise the security or integrity of the BulbHead Site, Service, or its Users’ computers.
- Do anything else that could bring BulbHead into disrepute or violate the rights of any person.
5. Payment, Refunds, and Pricing
Acceptable payment methods are presented at our checkout page. Unless otherwise stated, all prices are listed in United States dollars.
In the event that you are not completely satisfied within 60 days of your purchase, we will accommodate an exchange or refund of your purchase price (excluding discounts and shipping and handling charges), as described below.
All items must be returned in original condition in their original packaging along with all accessories, parts, and instruction manuals that were shipped with your original order.
The return package must be postmarked within 60 days of the date your order was shipped (regardless of what date the product was first used). Returns not meeting our return requirements may result in the loss of a refund or replacement. Such a return also will not be sent back to you.
Return labels may be accessed on our Site and printed (a $9.99 return shipping charge will automatically be deducted from your refund upon printing this label), or you may choose a shipping service. We suggest a ground method that can be tracked (e.g., UPS ground/FedEx Ground/USPS Priority mail). To secure a return label, simply visit www.BulbHead.com and log into the “‘My Account” section. Select “My Orders” and click “Return” on the far right side. BulbHead will not be responsible for loss or damage of return shipments.
A refund will be issued to your original method of payment for the full purchase price, excluding shipping and handling and any separate fees. Refunds typically reflect in your account within 3-5 business days of receiving your returned item.
Exceptions to Return Policy
Intimate Apparel may not be returned for a refund due to health and sanitary reasons. We will replace, at no cost, any such item received in a defective state (i.e. ripped, torn, or broken).
Consumable items (products that can be diminished or used up) are not returnable once they are opened. However, we will accept a return for any unused and unopened consumable item. DVDs and software products may only be exchanged in the event of a manufacturing defect.
6. BulbHead's Right to Cancel
BulbHead reserves the right to cancel an order at any time if BulbHead believes the customer is engaging in the reselling of item(s). If you believe your order was cancelled in error, please email us at firstname.lastname@example.org or call our Customer Service team at 800-887- 2717 with information about the intended use of your items. Our hours are Mon - Fri 7:00AM to 12:00AM ET and Sat - Sun 8:00AM to 8:00PM ET.
Should you wish to purchase orders above the stated limit for a reason other than resale, contact us with information about your reasons for purchase.
Additional terms surrounding payments, pricing, and refunds may be published on our Site and are hereby incorporated into this Agreement by reference.
7. If You Want to Change or Cancel an Order
To change or cancel an order, please contact BulbHead Customer Support toll-free at 1-800-887-2717 during the hours indicated on the Site. Orders may be cancelled until theyare being packaged for shipping or are in shipment.
8. Shipping & Sales Tax
Applicable shipping charges will be presented during the ordering process. From time to time, we may offer free shipping under certain conditions, which will be indicated at appropriate places on the Site. A shipping surcharge may be added to all orders shipped outside the 48 contiguous United States regardless of the Shipping Option chosen.
Pre-orders or backorders will ship as soon as product is available. You will not be billed for any order until it has shipped.
For New Jersey and California residents, sales tax applies.
For Canadian residents, provincial and federal sales taxes, or a Harmonized Sales Tax, as is applicable, will be charged. In placing an order with BulbHead and paying the amounts charged, you authorize BulbHead to contract with logistics providers to act as your agent in the shipment and importation of your order into Canada and, as part of your payment, to provide BulbHead with funds to facilitate the payment of applicable customs duties, brokerage fees, and PST/GST/HST on your behalf. Transfer of title and delivery of the merchandise ordered shall be freight on board, BulbHead’s warehouse in the USA.
9. Chargebacks and PayPal Disputes
Where a User conducts a chargeback or PayPal dispute against BulbHead, such User shall be liable to BulbHead for the full amount of the chargeback or PayPal dispute, as well as any reasonable attorneys’ fees, collection agency fees, court costs, disbursements, and other expenses incurred by BulbHead in the enforcement of its rights under this section.
SEE SECTION 27 BELOW FOR IMPORTANT LIMITATIONS ON THE TERMS OF THIS SECTION 9.
10. Our Copyright
The contents of our Site are protected by U.S. and international copyright laws. You agree not to copy, distribute, upload, transmit, sell, display, disseminate, reproduce or use for commercial purposes any of the copyrighted information (including without limitation content, images, or trade dress) on the Site without receiving our prior written permission.
11. Your Copyright
A. Although you retain your copyright in any content (including, but not limited to, reviews, photographs, videos, text, audio, and other materials) that you post to BulbHead.com, by submitting any content to BulbHead.com you grant us a non-exclusive, universal, perpetual, irrevocable, sublicensable, commercial and non-commercial right to use, distribute, sell, publish, and otherwise make use of that content.
B. You warrant to us that you have the right to grant us this right to the content. You also agree that you will indemnify us for any loss resulting from a breach of this warranty and defend us against claims regarding the same.
SEE SECTION 27 BELOW FOR IMPORTANT LIMITATIONS ON THE TERMS OF THIS SECTION 11(B).
“BulbHead” is a trademark used by us, BulbHead.com, to uniquely identify our Site, Service, and business. BulbHead and other trademarks, logos, other marks, and trade dress pertaining to our Site and products sold on the Site are our property or belong to their respective owners. You may not make any use of such trademarks, logos, other marks or trade dress without our prior written consent or the consent of the owner, if not us.
13. Revocation of Consent
We may revoke our consent to your use of our intellectual property, including our copyrights, trademarks, logos, other marks or trade dress, or any other permission granted to you under this Agreement, at any time. If we so request, you must take immediate action to remove any usage of our intellectual property that you may have engaged in, even if it would cause a loss to you.
14. Copyright & Trademark Infringement
We have registered a Copyright Agent with the United States Copyright Office, which limits our liability under the Digital Millennium Copyright Act (“DMCA”). If you believe that your copyright has been infringed, please provide the following information in writing and signed electronically to our Copyright Agent at DMCA@bulbhead.com (see 17 U.S.C. Section 512(c)(3) for further detail):
- a physical or electronic signature of a person authorized to act on behalf of the owner of the copyright.
- a description of the copyrighted work that you claim has been infringed.
- a description of the material that you claim to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information sufficient to permit us to locate the material.
- information so that we can contact you, such as your name, address, telephone number and e-mail address.
- a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- a statement that the information in the notification is accurate and, under penalty of perjury, that you are the copyright owner or are authorized to act on behalf of the owner of a copyright that is allegedly infringed.
If you believe that any content or materials you posted, uploaded or submitted to the Site and that were subsequently removed from the Site, or to which access was disabled, were improperly removed or disabled, please provide the following Counter-Notification to our Copyright Agent (see 17 U.S.C. Section 512(g) for further detail):
- your physical or electronic signature.
- a description of the materials that have been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
- a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
- your name, address and telephone number, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which the address is located, and that you will accept service of process from the person who provided notification of the alleged infringement.
Although U.S. law does not provide for a similar procedure for trademark infringement, we recommend that you send us similar information to that above in regards to any allegation of trademark infringement, and we will address it as soon as practicable.
15. Communications Decency Act
United States law—specifically 47 U.S.C. §230—creates a defense for us for the actions of third parties in regards to any defamatory content posted on our Site. Although we are not liable for defamatory words posted on our website by our Users even if given notice, we do prohibit defamation under this Agreement and we may, if we believe the situation warrants it, take action against the offending User. Please notify us at email@example.com if a User has posted anything that you believe is defamatory.
16. Representations, Warranties and Limitation of Liability
WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE MERCHANTABILITY OF OUR SERVICE OR FITNESS FOR ANY PARTICULAR PURPOSE. BY USING THE SITE, YOU RELEASE US FROM ANY LIABILITY THAT WE MAY OTHERWISE HAVE TO YOU IN RELATION TO OR ARISING FROM THIS AGREEMENT OR OUR SERVICES, FOR REASONS INCLUDING, BUT NOT LIMITED TO, FAILURE OF OUR SERVICE, UNTIMELY DELIVERY, NEGLIGENCE, OR ANY OTHER TORT. TO THE EXTENT THAT APPLICABLE LAW RESTRICTS THIS RELEASE OF LIABILITY, WE ARE LIABLE TO YOU ONLY FOR THE MINIMUM AMOUNT OF DAMAGES THAT THE LAW RESTRICTS OUR LIABILITY TO, IF SUCH A MINIMUM EXISTS.
IN NO EVENT WILL BULBHEAD.COM, ITS DIRECTORS, OFFICERS, OR EMPLOYEES BE LIABLE (A) FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICE, (B) RELATING TO ANY CONTENT OR PRODUCTS AVAILABLE OR SOLD ON OR THROUGH THE SERVICE, OR (C) IN CONNECTION WITH ANY THIRD PARTY CONTENT OR MATERIALS (INCLUDING USER MATERIALS) OR THE DEFAMATORY, INFRINGING, OFFENSIVE OR ILLEGAL CONDUCT OF ANY THIRD PARTY.
WE ARE NOT RESPONSIBLE FOR ANY FAILURE ON THE PART OF A PAYMENT PROCESSOR, INCLUDING PAYPAL OR THE CREDIT CARD COMPANY OR BANK THAT YOU USE TO PAY US OR FUND PAYPAL, TO DIRECT PAYMENTS TO THE CORRECT DESTINATION, OR ANY ACTIONS ON THEIR PART IN PLACING A HOLD ON YOUR FUNDS.
WE ARE NOT LIABLE FOR ANY CLAIMS OR DAMAGES ARISING FROM ANY TEMPORARY OR PERMANENT INABILITY TO ACCESS OUR SITE, FOR ANY REASON.
NOTHING IN THE PROVISIONS OF THIS “REPRESENTATIONS & WARRANTIES” SECTION SHALL BE CONSTRUED TO LIMIT THE GENERALITY OF THE FIRST PARAGRAPH OF THIS SECTION.
SEE SECTION 27 BELOW FOR IMPORTANT LIMITATIONS ON THE TERMS OF THIS SECTION 16.
By using this Site, you agree to indemnify and hold us harmless for any claims by you or any third party arising from or relating to this Agreement or the provision of our service to you, including any damages caused by your use of our Site or acceptance of the offers contained on it. You also agree that you have a duty to defend us against such claims and we may require you to pay reasonable attorneys’ fees for an attorney(s) of our choice, court costs, and disbursements in such cases. In the event of a claim such as one described in this paragraph, we may elect to settle with the party/parties making the claim, and you shall be liable for the damages as though we had proceeded with a trial.
SEE SECTION 27 BELOW FOR IMPORTANT LIMITATIONS ON THE TERMS OF THIS SECTION 18.
18. Applicable Laws
These Terms and Conditions shall in all respects be governed by the laws of the state of New Jersey, U.S., regardless of the laws that might be applicable under principles of conflicts of law. The offer and acceptance of these Terms and Conditions are deemed to have occurred in the State of New Jersey. You agree to personal jurisdiction by and venue in state and federal courts located in Essex County, New Jersey.
IF YOU ARE A CONSUMER, HOWEVER, THIS PROVISION SHALL NOT BE CONSTRUED TO LIMIT YOUR RIGHTS UNDER CONSUMER PROTECTION LAWS OF YOUR STATE OF RESIDENCE, EXCEPT AS SET FORTH IN SECTION 27.
19. DISPUTE RESOLUTION; INFORMAL RESOLUTION AND FORMAL RESOLUTION BY ARBITRATION/CLASS ACTION WAIVER
Any legal or equitable claim relating to your use of this Site, these Terms and Conditions, or the use or purchase of any products from BulbHead (referred to as a “Claim”) will be resolved as follows:
A. INFORMAL RESOLUTION:
In the event that any dispute between BulbHead and you arises out of or relates to the BulbHead.com Site, these Terms and Conditions, the applicability of these Terms and Conditions to the use of the BulbHead.com Site, or the use or purchase of any products from BulbHead.com, you and we agree to try to promptly resolve any such dispute informally. Please send a written notice describing the dispute to 79 Two Bridges Rd, Fairfield, NJ 07004.
B. FORMAL RESOLUTION BY ARBITRATION/CLASS ACTION WAIVER:
READ THE FOLLOWING ARBITRATION PROVISION CAREFULLY, IT LIMITS YOUR RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION. If you and BulbHead cannot resolve a Claim informally, any Claim asserted by either you or BulbHead will be resolved only by binding Arbitration subject to the Federal Arbitration Act.
By agreeing to Arbitration, you are waiving your rights to maintain other available resolution processes, such as a court action or administrative proceeding, to settle disputes. Instead of suing in court, both you and BulbHead agree to settle disputes only by Arbitration. ARBITRATION MEANS THAT YOU WAIVE YOUR RIGHT TO A JURY TRIAL. The rules in Arbitration are different. There is no judge or jury, and review is limited, but an arbitrator can award the same damages and relief, and must honor the same limitations stated in these Terms and Conditions as a court would.
The Arbitration will be conducted under the JAMS Streamlined Arbitration Rules & Procedures (referred to as the “JAMS Rules”) and under the rules set forth in these Terms and Conditions. If there is a conflict between JAMS Rules and the rules set forth in these Terms and Conditions, the rules set forth in these Terms and Conditions will govern. You may, in Arbitration, seek any and all remedies otherwise available to you pursuant to the law of the governing state. If you decide to initiate Arbitration, BulbHead agrees to pay the Arbitration initiation fee and any additional required deposit required by JAMS to initiate your Arbitration. You and BulbHead agree to pay the costs of the Arbitration proceeding provided however that if you are a consumer you shall not be required to pay more than $250.00 of the fees or such amount as the JAMS Rules may later prescribe. All other fees, such as attorneys’ fees and expenses of travel to the Arbitration, will be paid in accordance with JAMS Rules. The Arbitration will be held at a location in your home town area if possible, unless you and BulbHead both agree to another location or telephonic Arbitration. To initiate Arbitration, you or BulbHead must do the following things:
(1) Write a demand for Arbitration. The demand must include a description of the Claim and the amount of damages sought to be recovered.
You can find a copy of a Demand for Arbitration at www.jamsadr.com.
(2) Send three copies of the Demand for Arbitration, plus the appropriate filing fee to:
JAMS [to your local JAMS office or to JAMS, 620 Eighth Ave., 34th Floor, New York, NY 10018].
(3) Send one copy of the Demand for Arbitration to the last known physical address of the other party.
Special Rules in the Arbitration Proceeding. (i) The arbitrator has no authority to make errors of law and any award may be challenged if the arbitrator does so. Otherwise, the arbitrator’s decision is final and binding on all parties and may be enforced in any Federal or State court that has jurisdiction. (ii) Neither you nor BulbHead shall be entitled to join or consolidate claims in Arbitration by or against other individuals or entities, or arbitrate any claim as a representative member of a class or in a private attorney general capacity. THIS MEANS THAT YOU WAIVE YOUR RIGHT TO INITIATE OR PARTICIPATE IN ANY CLASS OR CONSOLIDATED ACTION WHATSOEVER. Accordingly, you and BulbHead agree that the JAMS Class Action Procedures do not apply to our Arbitration.
A court may sever any portion of this dispute resolution provision if it finds such unenforceable, except for the prohibition on class, representative and private attorney general arbitrations. Notwithstanding the obligation to arbitrate all Claims under these Terms and Conditions, you may assert an individual Claim in small claims court in lieu of Arbitration.
20. Limited Time to File Claims
You must assert any Claim relating to use of this Site or the purchase of any products from BulbHead within one (1) year after the Claim arises, or such Claim will be barred.
SEE SECTION 27 BELOW FOR IMPORTANT LIMITATIONS ON THE TERMS OF THIS SECTION 20.
21. Force Majeure
We are not responsible to you for events beyond our control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, labor shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, unavailability of payment processors, failure or shortage of infrastructure, shortage of materials, or any other event beyond our control.
SEE SECTION 27 BELOW FOR IMPORTANT LIMITATIONS ON THE TERMS OF THIS SECTION 21.
In the event that a provision of this Agreement is found to be unlawful or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it.
BulbHead reserves all rights under this Agreement as well as under the provisions of any applicable law. Our non-enforcement of any particular provision or provisions of this Agreement or any applicable law should not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.
24. Termination & Cancellation
We may terminate your access to our Site and Service at our discretion without explanation, though we will strive to provide a timely explanation in most cases. Our liability for refunding you, if you have paid anything to us, will be limited to the amount you paid for goods or services which have not yet been and will not be delivered, except in cases where the termination or cancellation was due to your breach of this Agreement, in which case we are not required to provide any refund or other compensation whatsoever.
Under no circumstances, including termination or cancellation of our Service to you, will we be liable for any losses related to actions of other Users.
SEE SECTION 27 BELOW FOR IMPORTANT LIMITATIONS ON THE TERMS OF THIS SECTION 24.
25. Assignment of Rights
You may not assign your rights and/or obligations under this Agreement to any other party without our prior written consent. We may assign our rights and/or obligations under this Agreement to any other party at our discretion.
27. EXCLUSIONS AND LIMITATIONS; CONSUMER PROTECTION NOTICE
Nothing in this Section shall modify Subsection 20(B) (“Formal Resolution by Arbitration/Class Action Waiver”).
For Jurisdictions that do not allow us to limit our liability: If you are a consumer, the provisions in these Terms and Conditions are intended to be only as broad and inclusive as is permitted by the laws of your State of residence. Notwithstanding any provision of these Terms, if your jurisdiction has provisions specific to waiver or liability that conflict with the above then our liability is limited to the smallest extent possible by law. Specifically, in those jurisdictions not allowed, we do not disclaim liability for: (a) death or personal injury caused by our negligence or that of any of our officers, employees or agents; or (b) fraudulent misrepresentation; or (c) any liability which it is not lawful to exclude either now or in the future.
IF YOU ARE A RESIDENT OF A JURISDICTION THAT REQUIRES A SPECIFIC STATEMENT REGARDING RELEASE THEN THE FOLLOWING APPLIES. FOR EXAMPLE, CALIFORNIA RESIDENTS MUST, AS A CONDITION OF THIS AGREEMENT, WAIVE THE APPLICABILITY OF 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 OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR & YOU HEREBY WAIVE THIS SECTION OF THE CALIFORNIA CIVIL CODE. YOU HEREBY WAIVE ANY SIMILAR PROVISION IN LAW, REGULATION, OR CODE THAT HAS THE SAME INTENT OR EFFECT AS THE AFOREMENTIONED RELEASE.
A. New Jersey Users and Residents
If you are a New Jersey consumer, the terms of Sections 9, 11(B), 16, 17, 18, 20, 21, and 24 do not limit or waive your rights as a consumer under New Jersey law and the provisions in these Terms and Conditions are intended to be only as broad and inclusive as is permitted by the laws of the State of New Jersey.
B. California Users and Residents
Pursuant to California Civil Code Section 1789.3, any questions about pricing, complaints, or inquiries about BulbHead must be addressed to our agent for notice and sent via certified mail to that agent. For our agent’s most current contact information, please send a request to firstname.lastname@example.org.
California users are also entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
C. International Users
BulbHead.com is controlled and operated within the United States. We make no representation that content, materials or products available on or through the Site are appropriate or available for use outside of the United States. If you access the Site from a location outside the United States, you are responsible for compliance with applicable laws, including local laws regarding online conduct and content and U.S. export laws and regulations.
Effective Date: October 1, 2016