Terms of Service

Welcome to the Bloomers website, operated by Bloomers Brands, LLC (“Bloomers”) and located at www.bloomersintimates.com. The following terms and conditions (“Terms”) govern your use of the Site. 

By accessing, viewing, or using the content, material, products, or services available on or through the Site, you certify that you have read, understand, and agree to be legally bound by these Terms, as well as our Privacy Policy, each of which is incorporated by reference as if fully set forth herein. You further certify that you are 16 years of age or older and that you have all the necessary rights, power and authority to enter into this Agreement and perform the obligations set forth under this Agreement. You understand and agree that your use of the Site or any content, material, products or services made available on or through the Site (collectively, the "Services") signifies that you fully accept and agree to these Terms of Use.

1. Registration

In order to access certain content, material, products or services on the Site, you may be asked to register and create an account. As part of the registration process, you may be asked to click to agree to these Terms and may then be asked to select or submit a user name and password. You may also be required to provide us with certain information about yourself including some types of personally identifiable information, including your legal name, phone number, address, email address, gender, and age. You are responsible for ensuring that your password and account login are kept secret, safe, and secure at all times. Bloomers will not be held responsible or liable for any misuse of your account in the event that a third party has access to and uses your password and account login in any way.

When placing an order through the Site, you will be required to provide other personal information, such as shipping address, billing address, and payment details. Additional information may be collected by Bloomers or its third party providers at this time for security and anti-fraud purposes. You represent that the personal information you provide to us via the Site is true, valid, complete and up-to-date in all respects, and you confirm that you are the person referred to in the shipping (unless the item is a gift) and billing information provided. Should any of the information you provide on the Site change, please login to your account and update such information directly on the Site.

Any personal information that you provide to us via the Site is subject to our Privacy Policy.

2. Purchases

Some products or services made available through the Site may be available for purchase. By purchasing products or services made available through the Site, you represent that you have reached the age of majority (which in most states is 18 years old) and have the legal capacity to enter into a contract. If you are under the age of majority or cannot lawfully enter into a contract, you must have your parent or guardian review these Terms and the Privacy Policy, and register or place an order on your behalf. Bloomers may use a third party payment processor to process credit card transactions made through the Site. You are also responsible for paying any governmental taxes imposed in connection with use of the Site or the purchase or any products or services made available through the Site, including sales, use, and excise taxes (excluding only taxes on Bloomers’ net income). To the extent that Bloomers is obligated to collect such taxes, the applicable tax will be added to your billing account. All sales are subject to our shipping and return policies, which shall be made available to you on the Site or other delivered to you with your purchased goods. All refunds are in Bloomers’ sole discretion.

3. General Restrictions on Use

You agree to use the Site and the Services only for purposes that are permitted by these Terms of Use and in compliance with all applicable laws, regulations, and generally accepted practices or guidelines in the relevant jurisdictions. You may only use the Site and Services for your non-commercial, non-exclusive, non-assignable, non-transferable and limited personal use, and for no other purposes.

You will not (and will not attempt to):

• Access any of the Services by any means other than through the interface that is provided by Bloomers;
• Gain unauthorized access to Bloomers’ computer system or engage in any activity that interferes with the performance of, or impairs the functionality or security of the Site, the Services, Bloomers’ networks and computer systems;
• Access any of the Site or the Services through any automated means or with any automated features or devices (including use of scripts or web crawlers);
• Access or collect any personally identifiable information, including any names, email addresses or other such information for any purpose, including, without limitation, commercial purposes;
• Reproduce, duplicate, copy, sell, trade, or resell any aspect of the Site or the Services for any purpose; and
• Reproduce, duplicate, copy, sell, trade or resell any products or services bearing any trademark, service mark, trade name, logo or service mark owned by Bloomers in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.

4. Content

As between you and Bloomers, Bloomers owns or licenses all information and materials, including logos, designs, titles, phrases, product names, images, illustrations, icons, photographs, and the copyrights, trademarks, service marks, trade dress, and other intellectual property rights associated therewith, in or made available through the Site (“Site Content”), as well as the selection, coordination, arrangement, and organization and enhancement of the Site Content. All Site Content is protected pursuant to copyright, trademark, patent, and other applicable laws. You agree not to remove or alter any copyright notice or any other proprietary notice on any Site Content. As between you and Bloomers, all names, trademarks, symbols, slogans, or logos appearing on the Site are proprietary to Bloomers or its affiliates, licensors, or suppliers. Use or misuse of these trademarks is expressly prohibited and may violate federal and state trademark law. Under no circumstances will you have any rights of any kind in or to the Site Content, other than the right to use the Site Content in accordance with these Terms.

Certain features of the Site may allow you to contribute feedback and other information to the Site for access, use, viewing, and commentary by other users of the Site (collectively, “Comments”). By posting Comments, you represent that you have the full legal right to provide the Comments and that use of the Comments by Bloomers on the Site, and all other persons and entities, will not: (a) infringe any intellectual property rights of any person or entity or any rights of publicity, personality, or privacy of any person or entity, including as a result of your failure to obtain consent to post personally identifying or otherwise private information about a person; (b) violate any law, statute, ordinance, regulation, or agreement; or (c) constitute disclosure of any confidential information owned by any third party. Upon your submission of Comments or other material or information to Bloomers, you grant Bloomers a worldwide, perpetual, irrevocable, transferable, license to access, use, distribute, reproduce, display, modify, create derivative works based upon, and sublicense the Comments, all without any compensation to you whatsoever. For avoidance of doubt, Bloomers shall be under no obligation: (1) to maintain any Comments in confidence; (2) to compensate you in any way for your Comments; or (3) to respond to any Comments.

5. Errors, Inaccuracies, and Omissions

Occasionally there may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on the Site is inaccurate at any time without prior notice (including after you have submitted your order). We cannot and do not review all communications, products, or services made available on or through the Site, but, although not obligated to, may review, verify, make changes to or remove any Comments, Site Content, or the Site, including information submitted in connection with the Site Content or other features at any time, with or without notice in our sole discretion.

6. Limitation of Liability; Disclaimer of Warranties

EXCEPT WHERE OTHERWISE INAPPLICABLE OR PROHIBITED BY LAW, THE WEBSITE, AND ALL CONTENT, PRODUCTS, AND OTHER INFORMATION ON OR ACCESSIBLE FROM OR THROUGH THIS WEBSITE ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SECURITY OR ACCURACY. BLOOMERS DOES NOT WARRANT THAT: (1) THE INFORMATION ON THE WEBSITE IS CORRECT, ACCURATE OR RELIABLE; (2) THE FUNCTIONS CONTAINED ON THE WEBSITE APP WILL BE UNINTERRUPTED OR ERROR-FREE; OR (3) DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. IN NO EVENT SHALL BLOOMERS OR ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, INDEPENDENT CONTRACTORS, OR AGENTS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE DAMAGES, UNDER ANY CAUSE OF ACTION WHATSOEVER INCLUDING, BUT NOT LIMITED TO, CONTRACT, TORT, STRICT LIABILITY, WARRANTY, OR OTHERWISE, FOR ANY CLAIM, CAUSE OF ACTION, FEE, EXPENSE, COST, OR LOSS ARISING FROM OR RELATED TO THIS AGREEMENT, THE PRIVACY POLICY, THE PRODUCTS, OR YOUR USE OF THE WEBSITE OR ANY PRODUCTS.  NOTWITHSTANDING ANYTHING IN THESE TERMS TO THE CONTRARY, THIS DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY DOES NOT APPLY IN NEW JERSEY.

7. Indemnity

You agree to defend, indemnify and hold harmless Bloomers, its officers, directors, members, employees, agents, affiliates, licensors and suppliers, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Site and Services; (ii) your violation of any of these Terms, including the Privacy Policy; (iii) your violation of any third party rights, including without limitation any copyright, intellectual property, or privacy rights; or (vi) the use by any other persons accessing this Site using your Internet account or account login. This defense and indemnification obligation will survive these Terms and your use of the Site and Services. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you hereunder, and you shall cooperate in all reasonable respects in such defense. You may not settle any claim contemplated in this Section 8 without the prior written consent of Bloomers.

8. Links To Other Sites

The Site may contain links or references to other websites outside of our control. Links to other websites may use our Site logo or style as a result of a co-branding agreement. These websites may send cookies to you and may collect personally identifiable information about you and make use of that data in ways that this Site would not. Please be aware that Bloomers has no control over these websites and that these Terms of Use do not apply to any third party sites. Bloomers cannot be held responsible for those sites or external sources, or for any damage or losses deriving from the use of the content, or goods and services available on those sites or external sources. Bloomers encourages you to read the privacy policies and terms of use linked or referenced in the websites you enter.

9. Intellectual Property Complaint Procedure

If you believe that any content or postings on this Site violates your intellectual property rights, please notify Bloomers by email at hello@bloomersintimates.com in with a comprehensive detailed message setting forth the following information: (a) your name and the name of your company, if any; (b) your contact information, including your email address; (c) the nature and substance of your complaint, the specific rights at issue, and your basis for making the complaint, including the content or posting that is objectionable; and (d) the following statement: “The statements, representations, and assertions made in this message are true, complete, and accurate and I have the full legal authority to make each and every such statement, representation, and assertion and to make and be granted any demand made in this message.

10. Dispute Resolution by Binding Arbitration and Class Action Waiver

THIS ARBITRATION AGREEMENT AFFECTS YOUR LEGAL RIGHTS AND REMEDIES BY PROVIDING THAT DISPUTES BETWEEN YOU AND BLOOMERS, MUST BE RESOLVED THROUGH BINDING ARBITRATION, RATHER THAN IN A COURT. PLEASE READ THIS AGREEMENT CAREFULLY.

If you have a claim or dispute against Bloomers, you agree to contact us at hello@bloomersintimates.com so that we can try to resolve it informally. If a claim or dispute cannot be resolved informally, you agree that any and all claims or disputes between you and Bloomers arising out of or relating in any way to the Product, your purchase, communications between you and Bloomers, your use of Bloomers’ website(s), or these Terms and Conditions, (other than any claims or disputes filed in small claims court) shall be resolved through final, binding arbitration, and that the arbitration decision may be enforced and judgment entered thereon in any court of competent jurisdiction. This arbitration obligation applies regardless of the legal theory upon which the claim or dispute is based. Both you and Bloomers specifically acknowledge and agree to waive the right to bring a lawsuit in court based on such claims or disputes.  In arbitration, a neutral arbitrator or panel of arbitrators resolves a claim or dispute, and the arbitration process may be more informal than a lawsuit in court. Any determination regarding the applicability, enforceability, or validity of this arbitration agreement will be made by the arbitrator, not by any court.  Bloomers will pay the arbitration hearing fee and will promptly reimburse you for any standard filing fee which may have been required by the AAA once you have notified Bloomers in writing and provided a copy of the arbitration claim. Each party shall pay the fees and costs of its own attorneys, experts, and witnesses, and fees and costs may only be reallocated in accordance with applicable law.  The arbitration will take place before the American Arbitration Association (“AAA”), using its Consumer Arbitration Rules then in effect at the time of the dispute (see www.adr.org or call (800) 788-7879 for AAA’s rules and procedures). If for any reason AAA is unavailable, you and Bloomers shall mutually select another arbitration forum. 

All arbitrations shall be conducted only on an individual (and not a class-wide) basis and an arbitrator shall have no authority to award class-wide relief. You acknowledge and agree that you may only bring claims against us in an individual capacity and not as a plaintiff, class representative, or class member in any purported class action or representative proceeding.  This class action waiver is material and essential to the arbitration of any disputes between you and Bloomers and is non-severable from this agreement to arbitrate. If any portion of this class action waiver is limited, voided, or cannot be enforced, then the agreement to arbitrate shall be null and void.

11. Miscellaneous

These Terms, including the Privacy Policy, constitute the whole legal agreement between you and Bloomers and govern your use of the Site, Services and any transactions you may have with Bloomers through the Site and completely replaces and supersedes any prior agreements or understanding, arrangements, undertaking or proposal, written or oral, between you and Bloomers in relation to such matters. In the event any other rule, code of conduct, or other matter posted on the Site conflicts with the terms of these Terms, these Terms of Use shall govern. No oral explanation or oral information given by any party shall alter the interpretation of these Terms. Notwithstanding the foregoing, you understand that Bloomers may make changes to these Terms from time to time. Your continued use of the Site following the posting of changes to these Terms of Use will be considered your consent to those changes. When these changes are made, Bloomers will make a new copy of the Terms of Use available on the Site. You agree that Bloomers is under no obligation to provide you with notices regarding changes to the Terms of Use. You understand that it is your responsibility to check the Terms regularly for changes.

You agree that if Bloomers does not exercise or enforce any legal right or remedy which is contained in these Terms of Use (or which Bloomers has the benefit of under any applicable law), this will not be taken to be a formal waiver of Bloomers’ rights and that those rights or remedies will still be available to Bloomers. If any court of law, having the jurisdiction to decide a matter arising out of these Terms, rules that any provision of these Terms is invalid, then that provision will be removed from these Terms without affecting the rest of the Terms and the remaining provisions will continue to be valid and enforceable.

The Site is controlled and operated from within the United States. Without limiting anything else, Bloomers makes no representation that the Site, Site Content, Comments, services, products, information or other materials available on, in, or through the Site is appropriate or available for use in other locations, and access to them from territories where they are illegal is prohibited. Those who choose to access the Site from other locations do so on their own volition and are responsible for compliance with applicable laws.

Mobile Terms of Service

The Bloomers Intimates mobile message service (the "Service") is operated by Bloomers Intimates (“Bloomers Intimates”, “we”, or “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.

By consenting to Bloomers Intimates’s SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of Bloomers Intimates through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders).

You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with Bloomers Intimates. Your participation in this program is completely voluntary.

We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.

You may opt-out of the Service at any time. Text the single keyword command STOP to +18888514926 or click the unsubscribe link (where available) in any text message to cancel. You'll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other Bloomers Intimates mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms.

For Service support or assistance, text HELP to +18888514926 or email hello@bloomersintimates.com.

We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.

The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.

To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.

We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Notice.

Last Updated: 3/8/2024