PLEASE READ CAREFULLY – THESE TERMS SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING RIGHTS TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. AMONG OTHER THINGS, SECTION 5 OF THESE TERMS PROVIDES THAT, IN THE EVENT YOU HAVE A CLAIM AGAINST OR DISPUTE WITH BOMBAS: YOU WILL FIRST REACH OUT TO US AND GIVE US 60 DAYS TO TRY TO WORK IT OUT; IF YOU AND WE CAN’T WORK IT OUT IN THAT TIME, SUCH DISPUTE MUST BE SETTLED BY AN ARBITRATOR; AND YOU CAN’T MAKE OR JOIN A “CLASS ACTION” CLAIM. IF YOU DO NOT WISH TO AGREE TO THESE TERMS, PLEASE DO NOT USE OUR SITE OR SERVICES.
SERVICES AND TRANSACTIONS.
General.
Subject to your compliance with these Terms and all applicable laws, rules, and regulations, you may access and use our Site and Services, including to make purchases of our products.
You hereby represent, warrant, and covenant that:
You have, and during such time as you use our Site or Services will have, the legal authority to enter into these Terms and to create and perform your binding legal obligations under these Terms; and
You will access and use our Site and Services in compliance with these Terms and with all applicable laws, rules, and regulations.
Age Requirements. Neither our Site nor our Services are intended for children. We do not sell products or services to children, but we do sell them (including children’s products) to adults, who can purchase them with a credit card, debit card, or other permitted payment method. If you are under 18, you may use our Site and Services only with the involvement and permission of your parent or guardian.
Transactions. With respect to any and all purchases made by you in connection with our Site or Services, you hereby acknowledge and agree that:
Orders and Transactions.
You will comply with all obligations with respect to each purchase made by you through our Site or Services, including all financial obligations and terms and conditions with respect to the applicable credit card account, debit card account, and/or other payment/financial account/service through which you may be charged for and/or otherwise responsible for such purchase. In addition, please note that other parties (such as your applicable credit card provider and/or third-party payment service, such as Afterpay) may enforce their terms and conditions directly with you, and we are not a party to any of those terms and conditions.
Notwithstanding anything to the contrary in these Terms, and without limiting any of Bombas’s rights hereunder, we may, in our sole discretion, (I) refuse or cancel any order you place with us and/or any of our Services, (II) adjust any of your orders to ensure compliance with these Terms, and/or (III) limit or cancel quantities purchased per person, per household or per order, including, in each case, orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. Each of the foregoing may apply to orders placed by or under the same customer account, the same credit card number, debit card number, or other payment/financial account number, and/or orders that use the same billing and/or shipping address. In the event we make a change to or cancel an order, we will attempt to notify you by contacting the email, billing address, and/or phone number provided at the time the order was made.
While we’re extremely honored that you may want to use Bombas products for personal and/or corporate branding purposes, we prohibit the unauthorized placement of other trademarks, logos, images and designs on our products.
Gift Cards, Codes and Programs.
Any digital or other gift cards (each, a “Gift Card”) purchased from our Site shall be valid for five (5) years from the date of purchase, and Gift Cards shall have no value and may not be used after such expiration.
Bombas may also (x) issue refund/store credit, promotional and coupon cards and/or codes (each, a “Code”) and/or (y) operate promotions, offers (e.g., Free Shipping) and/or programs (e.g., Bulk Gifting, Refer-a-Friend, etc.) (each, a “Program”) from time to time. All Codes shall be valid for five (5) years from the date of issuance and Codes shall have no value and may not be used after such expiration.
We may make Codes, Programs, and other offers available to some or all users. We reserve the right to make changes to and/or cancel any Codes, Programs and other offers in our sole discretion, in each case as permitted by applicable law.
The provisions of this subsection (ii) apply to your use of Codes and Programs and will apply in addition to the terms and conditions of any specific Code or Program (including, if applicable, our Happiness Guarantee). Your use of any Code or Program offer is limited to the purpose for which your Code and/or Program offer was provided, and any use beyond the prescribed limited purpose is prohibited.
Without limiting any of your obligations under these Terms, Codes and Programs are limited to personal use, are not for resale, and may not be shared unless if and as expressly directed by Bombas. Your use of each Code and Program will comply with all applicable laws, rules, and regulations, and you will not provide us with any information or material (such as a photograph or an email address) that you are not authorized to provide us.
Except as prohibited by applicable law, we can revoke a Code or Program at any time for any reason and we may change the expiration period of any Code or Program. Your abuse of a Code or Program, or your failure to abide by any of these Terms or by any of the terms and conditions of any particular Code or Program, may lead to cancellation of your current Codes and Programs and/or your disqualification from participation in future Codes and Programs.
If we determine that there is abuse of a Code or Program offer for a specific order before that order is fulfilled, we may cancel the Code and/or Program offer and declare the order invalid with no obligation to fulfill it.
Codes and Programs may not be combined and must be used on a per purchase basis.
If you received a Gift Card or Code that seems is no longer working but that you do not believe has expired, please reach out to for assistance.
Bombas Policies. Each purchase you make of a Bombas product or service through our Site or Services shall also be subject to each of Bombas Policies applicable to that purchase.
Happiness Guarantee and Return Policy.
The Bombas Happiness Guarantee is our promise that if you are not happy with your Bombas purchase for any reason, we will do everything we can to make it right (subject to the below, of course).
While we always strive to ensure our customers are completely satisfied with our products, Bombas reserves the right, in its sole discretion, to fulfill the Happiness Guarantee through any means of its choosing. Subject to the foregoing, Bombas products purchased on our Site may be returned with proof of purchase for a refund, replacement, exchange or Code; however, products may only be returned for a refund within 30 days of purchase (or within 60 days of purchase for purchases made during the holiday season (ie., November and December)). Refunds will be issued to the original method of payment only (including prepaid credit cards). Codes will be issued in the case of gift returns. Subject to these Terms, If you are not completely satisfied with your product after the inital refund period, we would still be happy to offer you a replacement, exchange and/or Code, subject to the above.
Any misuse or abuse of the Happiness Guarantee or these Terms, in Bombas’s sole discretion, shall render an individual ineligible for the Happiness Guarantee. In the event that Bombas has deemed an individual ineligible for the Happiness Guarantee, in addition to other remedies, Bombas may limit, remove, or revoke the ability for such individual to proceed with or receive refunds, replacements or exchanges and/or preclude such individual from making future purchases.
Bombas reserves the right to cancel, amend or modify its Happiness Guarantee and related offers at any time, in its sole discretion.
Except in Bombas’s sole discretion, refunds, replacements and/or exchanges shall only be provided with respect to an initial product(s) purchased and not with respect to any products and/or gift cards (or product(s) purchased with such gift card) received by virtue of a previous return, exchange and/or replacement.
With respect to any replacements or exchanges, Bombas items will only be mailed to the country to which the original item(s) was shipped. Generally allow 7-10 business days for delivery in the United States.
Any requests for returns, replacements and/or exchanges generated by script, macro or other automated means not provided by Bombas or by any means which subvert the claim process are void. Product(s) provided as a replacements and/or exchange will not trigger a donation item and are not to be offered for resale.
Please be advised that carriers are not liable for delayed or undelivered messages. As always, message and data rates may apply for any message sent to you from us and/or sent to us from you. Although the frequency of the messaging may vary, you should expect to receive approximately three (3) Bombas Promo Marketing Program message per week. If you have any questions about your text plan or data plan, it is best to contact your wireless provider.
The provisions of this Section 1(d) apply only to the Bombas Promo Marketing Program, and not to any of our other advertising, marketing or promotional activities. For more information on our collection, use, and sharing practices with respect to information derived from such activities, and on your choices with respect to such activities, please see our Privacy Policy (Psst – there’s a section on our Privacy Policy right below here, in Section 2(a)).
USE OF INFORMATION.
Privacy Policy.
Bombas Rights. Bombas’s use of and rights with respect to your information is governed by our . You hereby acknowledge, agree to, and consent to the rights of Bombas with respect to the collection, use, and sharing of your information set forth in our . Without limiting any of our rights under this section, if you sign up for our email list: (A) you agree that we may communicate with you from time to time regarding our Site and Services and regarding the third parties we work with; and (B) you agree that we may communicate with you from time to time, including for purposes of informing you of changes to our Site and Services or these Terms, regarding surveys or Feedback (described below), and to send you marketing information about our Services.
International Data Transfers. If you are an EU/EEA/Swiss/UK data subject or a Brazil data subject, you hereby consent to the transfer of your “personal data“ to countries outside your country of residence, including to the United States, in connection with Bombas’s provision of our Site and Services and with such other uses and purposes set forth in these Terms and/or in our .
Security.
We take reasonable and appropriate steps to protect the security and integrity of our systems and the data we collect. However, you acknowledge and agree that: (A) no method of transmission over the Internet or method of electronic storage or transmission is 100% secure; and (B) we make no guarantee regarding the security of our systems or the data we collect.
You may be asked to register on certain pages or services within the Sites and Services, and to select a unique username and password in order to be able to access your account and use any of the Sites and Services. As a registered user, you are responsible for maintaining the confidentiality and security of your username and password and shall be responsible for all uses of your username and password, including, any purchases facilitated through the use thereof, whether or not in fact authorized by you.
You agree to immediately notify Bombas of any unauthorized use of your username and password via email to .
Feedback and User Content.
You are not required to provide (A) any ideas, comments, suggestions, reviews, or other feedback (each, “Feedback”) regarding our Site or Services or (B) any other comments, questions, images (including photographs), information, or other content or materials (collectively, “User Content”). However, if you provide Feedback or User Content to us (either directly or through any of our third-party service providers), you hereby agree that it is done so voluntarily and without any obligation of confidentiality, and you will be deemed to have hereby granted us, and to have hereby represented and warranted that you have all rights necessary to grant us, a fully-paid, perpetual, irrevocable, non-exclusive, transferable, sublicensable, royalty-free, and worldwide license to use your name, Feedback, and User Content for any purpose, including: (A) the purposes of providing, maintaining, analyzing, developing, and improving our Site and Services; and (B) to use, reproduce, publish, translate, publicly perform, sublicense and/or display (including on our Site and for purposes of our advertising and marketing), distribute, syndicate, modify, copy, and create derivative works of and from the Feedback and User Content, and any aspect or element thereof, in and/or through any form or format, media or media channel, or technology, in each case whether now known or hereafter developed.
You will not provide us with any Feedback or User Content that (A) violates any applicable laws, rules, or regulations, (B) infringes or misappropriates the rights of any third party, (C) may otherwise cause legal liability or financial harm, or (D) may otherwise be offensive or inappropriate for our Site or Services. Without limiting any of our rights under these Terms (including our right to cancel Services), in appropriate circumstances, we may terminate your right to use our Site and Services if we deem that you have violated the preceding sentence.
Without limiting any of our rights under these Terms (including our rights under the preceding Section 2(c)(ii)), we may withhold and/or remove any review (A) regarding our Services that contains (I) unlawful, harassing, abusive, obscene, vulgar, or sexually explicit content or (II) content that is inappropriate with respect to race, gender, sexuality, or ethnicity or (B) unrelated to Services purchased or used by you.
PROPRIETARY RIGHTS; DMCA.
Proprietary Rights. As between you and Bombas, Bombas owns and will retain all right, title, and interest in and to its property, including our Site and Services and all components, aspects, and elements thereof, and all intellectual property and proprietary rights in and to all of the foregoing. Without limiting the foregoing, any and all trademarks displayed within our Site and/or Services are owned by Bombas, or are the property of our affiliates, licensors, or other third parties (in which case Bombas makes no claim of ownership rights therein). We reserve all rights not expressly granted to you in these Terms, and we expressly disclaim all implied licenses, including implied licenses to trademarks, copyrights, trade secrets, and patents. However, no matter what the lawyers say, you own the products you buy – we’re not gonna show up to take any apparel away from you!
DMCA. If you are a copyright owner or an agent of a copyright owner, and you believe that any content on our Site infringes such copyright(s), then you may submit a notification pursuant to the Digital Millennium Copyright Act of 1998 by providing our Designated Copyright Agent with the following information in writing:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed;
Identification of the material that is claimed to be infringing and information sufficient to permit us to locate the material;
Contact information of the complainant, such as an address, telephone number, and, if available, an email address;
A statement that the complainant has a good-faith belief that use of the material is not authorized; and
PROHIBITED CONDUCT.
You agree that you will not and will not attempt to, and will not assist or permit any other person or entity to or to attempt to, misuse our Site or Services. For example, in connection with your use of our Site and/or Services, you may not, and may not assist or permit any other person or entity to:
Violate any applicable law, rule, or regulation;
Provide User Content or other information, or otherwise engage in activity, that infringes or violates any person or entity’s rights, including intellectual property rights such as copyright, moral rights, trademark, trade dress, patent, trade secret, right of privacy, or right of publicity;
Use our Site or Services (i) for any fraudulent purpose or (ii) for commercial or non-personal purposes;
Resell as new, or distribute to or through a dealer or other third party, any products purchased or otherwise acquired through our Site or Services (including in connection with any Code or Program);
Copy, reproduce, modify, translate, host, sublicense, lease, transfer, resell, disassemble, decompile, reverse engineer, or create derivative works from or in respect of our Site or Services or any part or aspect (including any algorithm(s), technique(s), or non-public feature(s)) of any of the foregoing;
Access or use, our Site or Services or any part or aspect of any of the foregoing through the use of bots, spiders, scrapers, web crawlers, indexing agents, or other automated devices or mechanisms;
Send or provide via our Site or Services any material that is or is intended to be technically harmful (including viruses, worms, Trojan horses, logic bombs, or other malicious code or features);
Damage, impair, disable, tamper with, or misappropriate any aspect of our Site or Services;
Interfere or attempt to interfere with the proper working of any of our Site or Services any part or aspect of any of the foregoing;
Breach any security measure provided by, or circumvent any access or use restrictions of, our Site or Services; or
Otherwise use our Site or Services in any manner other than as permitted by these Terms.
LIABILITY AND DISPUTES.
DISCLAIMERS. EXCEPT AS EXPRESSLY PROVIDED IN THE BOMBAS POLICIES (AS DEFINED ABOVE): (I) OUR SITE AND SERVICES ARE PROVIDED “AS IS”; AND (II) WE MAKE NO GUARANTEES OR WARRANTIES THAT THEY WILL ALWAYS BE SAFE, SECURE, OR ERROR-FREE, OR THAT THEY WILL FUNCTION WITHOUT DISRUPTIONS, DELAYS, OR IMPERFECTIONS. TO THE FULLEST EXTENT PERMITTED BY LAW, RULE, OR REGULATION, BOMBAS ALSO DISCLAIMS ALL IMPLIED AND STATUTORY WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO ONE OR MORE OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. WE SHALL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY MODIFICATION, SUSPENSION OR DISCONTINUANCE OF OUR SITE AND/OR OUR SERVICES, OR OF ANY OTHER SERVICE, CONTENT, FEATURE OR PRODUCT OFFERED THROUGH OUR SITE AND/OR OUR SERVICES.
LIMITATIONS OF LIABILITY. TO THE FULLEST EXTENT PERMITTED BY LAW, RULE, OR REGULATION, REGARDLESS OF THE THEORY OF LIABILITY OR TYPE OF CLAIM (WHETHER CONTRACT, TORT, OR OTHERWISE): (I) IN NO EVENT WILL BOMBAS BE LIABLE FOR PERSONAL INJURY, FOR LOST PROFITS, REVENUES, OPPORTUNITY, INFORMATION, CONTENT, OR DATA, FOR INTERRUPTION OF SERVICE, OR FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER UNDER, ARISING OUT OF, OR RELATING TO THESE TERMS OR OUR SITE OR SERVICES (INCLUDING YOUR USE OF OR INABILITY TO USE OUR SITE OR SERVICES), HOWEVER CAUSED, EVEN IF BOMBAS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (II) EXCEPT AS EXPRESSLY PROVIDED IN THE BOMBAS POLICIES (AS DEFINED IN SECTION 1(c)(iii) ABOVE), IN NO EVENT WILL BOMBAS'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES EXCEED ONE HUNDRED U.S. DOLLARS ($100.00). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS OR EXCLUSIONS OF LIABILITY FOR CERTAIN DAMAGES (INCLUDING FOR PERSONAL INJURY OR FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES), SO ONE OR MORE OF THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
Governing Law. These Terms are governed by the laws of the State of New York, without regard to its conflict of law rules. These Terms will not be governed by the United Nations Convention of Contracts for the International Sale of Goods, the application of which is hereby expressly excluded.
MISCELLANEOUS.
These Terms, collectively with our and the Bombas Policies, constitute the entire agreement between you and Bombas relating to our Site and Services, and supersede any prior agreements on that subject.
Please note that we may modify these Terms and our from time to time. Please review these Terms (and the information and policies for which links are provided or referenced in these Terms, including our ) periodically to become aware of any changes that may have occurred; we will update the Effective Date at the top of the page to help you know when changes to these Terms have been made. Except where prohibited by applicable law, rule, or regulation, changes to these Terms and our may be made without notice to you, and the most recent version will replace and supersede all previous versions. Your use of our Site and Services after any changes to these Terms and/or to our will be deemed to constitute your approval and acceptance of such changes. Except as set forth in this Section 6(b), all amendments to these Terms must be in writing, executed by Bombas, and expressly state that they are amending these Terms.
If we fail to enforce any provision of these Terms, such failure will not constitute a waiver. If any provision of these Terms is found unenforceable, it and any related provisions will be interpreted to best accomplish the unenforceable provision’s essential purpose, and all of the other provisions will remain in full force and effect. Unless the context otherwise requires, whenever the word "including", "include" or "includes" is used in these Terms, it will be deemed to be followed by the words “without limitation”. To the extent permitted by applicable law, rule, or regulation, no presumption or burden of proof will arise favoring or disfavoring either you or Bombas by virtue of the authorship of these Terms. The headings contained in these Terms are for reference purposes only and will not affect in any way the meaning or interpretation of these Terms.
We may change our Site and Services or suspend or cease performance of the Site and Services at any time and for any reason (or no reason). We may also remove or edit Site content at any time and for any reason (or no reason).
We may post links to other websites or services. We cannot control the content of other websites or services, and we are not responsible for the content of, or any of the products or services provided through, those websites or services. Our linking to such websites or services does not constitute or represent, and shall not be deemed to constitute or represent, our agreement with or endorsement of the content, products, services, or owners or providers of those websites or services.
Bombas will not be liable for any acts or omissions resulting from circumstances or causes beyond our reasonable control.
You may not assign or transfer these Terms or any of your rights or obligations under these Terms, by operation of law or otherwise, without Bombas's prior written consent. Any attempt by you to assign or transfer these Terms or any of your rights or obligations under these Terms without such consent will be null and of no effect. These Terms and all of our rights and obligations under these Terms are freely assignable by us without your consent.
There are no third-party beneficiaries to these Terms. These Terms do not create an agency, partnership, or joint venture.