Terms & Conditions

The General Terms and Conditions of Sale detailed below apply to all orders placed with bagblushtopse Online LLC for all products and services offered on the Website (the “T&C’s”). They can be accessed at any times on the Website.

When we refer to "we", "us", "our" or “bagblushtopse”, we mean bagblushtopse Online LLC. Where we refer to "you" or "your" or “client” we mean you, the person using the Services. We have used headings to help you understand these Terms and Conditions and to easily locate information. These Terms and Conditions are only available in the English language.

We reserves the right to adapt or modify the T&C’s at any time, the version of the Terms and Conditions of Sale applicable to any transaction is the T&C’s published at the date of the order. Consequently, placing an order by a client implies complete adherence, without reservation, to these terms and conditions.

GUARANTEES AND RESPONSIBILITY

bagblushtopse Online LLC is only required to deliver products which are compliant with the contractual provision. Products are considered as compliant if the following conditions fulfilled :

1. they shall be compliant with the description and have the features mentioned on the Website;
2. they shall be compliance with the uses which may reasonably be expected of it;
3. they shall compliant with the quality and strength which may reasonably be expected of similar products.

It should be noted that confidentiality of data exchanges is not guaranteed over the Internet, and that every internet user is required to take all appropriate measures to protect their own data and/or software from contamination of any possible viruses circulating on the Internet.

We will not be liable to you or any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with: (i) use of, or inability to use, the Website; or (ii) use of or reliance on any content displayed on the Website.

Please note that we only provide the Website for domestic and private use and, as such, we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Website or to your downloading of any content on it, or on any website linked to it. We do not in any way exclude or limit our liability for: 1.death or personal injury caused by our negligence; 2. fraud or fraudulent misrepresentation; 3. any other liability which cannot be limited by law. Different limitations and exclusions of liability will apply to liability arising as a result of our supply of the Services to you.

APPLICABLE LAW AND JURISDICTION

These General T&Cs are governed by the laws of Texas. In the event of a dispute between the Client and Company concerning the interpretation, performance or termination of this T&C’s, bagblushtopse Online LLC strongly encourages the Client to contact the company in the first instance to attempt to resolve the disagreement amicably.

All your account information is only used in the context of your business relationship with www.orrtu.com. This information is never shared with third parties or resold. Finally, bagblushtopse Online LLC does not store any bank details. Transactions are processed entirely by secure payment module of our partner SHOPIFY.

To improve our service, the Website may use cookies. A cookie is a computer file stored on Client’s hard disk, allowing the Client to be recognized, without time limitation. Clients can of course delete these cookies by disabling their use in their browser.

Insiders Club Terms

Part of the Services may include access to “Insiders Club,” a members-only offering that provides exclusive benefits for an annual price (the “Membership”). For more information on the Membership, including current benefits, pricing, and how to sign up for the Membership, please see our Membership FAQs here. For the avoidance of doubt, these Membership Terms and Conditions supplement, and do not supersede, our Terms of Service available here. By signing up for a Membership, you agree to be bound by these Membership Terms and Conditions, as well as our Terms of Service.

1. Fees and Renewal. You must pay the Membership fee stated in the FAQ page found here before receiving any benefits of the Membership. From time to time, we may change the fees for the Membership without notice to you. The Membership fee is non-refundable except as expressly set forth in these Membership Terms and Conditions. Taxes may apply on the Membership fee, and any taxes will be added to your order. If all eligible payment methods we have on file for you are declined for payment of your Membership fee, you must provide us a new eligible payment method promptly or your Membership will be canceled. If you provide us with a new eligible payment method and are successfully charged, your new Membership period will be based on the original renewal date and not the date of the successful charge. UNLESS YOU NOTIFY US BEFORE A CHARGE THAT YOU WANT TO CANCEL OR DO NOT WANT TO AUTO RENEW, YOU UNDERSTAND YOUR MEMBERSHIP WILL AUTOMATICALLY CONTINUE AND YOU AUTHORIZE US (WITHOUT NOTICE TO YOU, UNLESS REQUIRED BY APPLICABLE LAW) TO COLLECT THE THEN-APPLICABLE MEMBERSHIP FEE AND ANY TAXES, USING ANY ELIGIBLE PAYMENT METHOD WE HAVE ON RECORD FOR YOU. For clarity, your Membership will automatically renew for an additional period equal in length to your initial Membership period until you cancel it using the payment method you have provided (i.e., if you initially paid for an annual Membership, at the end of your initial Membership, your Membership will automatically renew for another year).  

2. Changes to Membership Terms. We may in our discretion change the terms of our Membership program. Any changes will be made to this page or the FAQ page linked above and will be effective as of the date of posting on this page. Your continued Membership after we post updated terms constitutes your acceptance of the changes. If you do not agree to the changes, your only recourse is to cancel your Membership.

3. Termination by Us. We may terminate your membership at our discretion. If we do so, we will give you a prorated refund based on the number of full months remaining in your membership subscription. However, we will not give any refund for termination related to conduct that we determine, in our discretion, violates these Membership Terms and Conditions, our Terms of Service, or any applicable law, involves fraud or misuse of your Membership, or is harmful to our interests or another user. Our failure to insist upon or enforce your strict compliance with these Membership Terms and Conditions, or our Terms of Service will not constitute a waiver of any of our rights.

4. Store Credits. As a benefit of your Membership, you may receive store credit, which can be used only to purchase products or services on our website. Any store credits will expire 90 days after the date you earn or receive the store credit. If you do not use your store credit before it expires, you forfeit your right to use it. Store credit may not be exchanged or redeemed for cash or gift cards. 

5. Limitation of Liability. IN ADDITION TO OTHER LIMITATIONS AND EXCLUSIONS SET FORTH IN OUR TERMS OF SERVICE, OUR TOTAL LIABILITY IN CONNECTION WITH YOUR MEMBERSHIP, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, WILL NOT EXCEED THE LAST MEMBERSHIP FEE YOU PAID TO US. THIS LIMITATION OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND WILL SURVIVE CANCELLATION OR TERMINATION OF YOUR MEMBERSHIP.

SECURE PAYMENTS

Every purchase on our website is made with maximum security thanks to the use of SHOPIFY secure servers and the implementation of the most advanced encryption services (SSL). We only use protected connections, as demonstrated by the "https" URL prefix and the lock symbol that appears in the browser's address bar.

To safeguard your credit card purchases, you will always be asked to enter your CVV code for every order. Our Payments department may carry out anti-fraud checks before approving the transaction and for greater protection, they may contact you for further details before confirming the order.

 SMS/MMS MOBILE MESSAGE MARKETING PROGRAM TERMS AND CONDITIONS

bagblushtopse Online LLC (hereinafter, “We,” “Us,” “Our”) is offering a mobile messaging program (the “Program”), which you agree to use and participate in subject to these Mobile Messaging Terms and Conditions and Privacy Policy (the “Agreement”). By opting in to or participating in any of our Programs, you accept and agree to these terms and conditions, including, without limitation, your agreement to resolve any disputes with us through binding, individual-only arbitration, as detailed in the “Dispute Resolution” section below. This Agreement is limited to the Program and is not intended to modify other Terms and Conditions or Privacy Policy that may govern the relationship between you and Us in other contexts.

User Opt In: ​The Program allows Users to receive SMS/MMS mobile messages by affirmatively opting into the Program, such as through online or application-based enrollment forms. Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in the Program. By participating in the Program, you agree to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from Us. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). ​Message and data rates may apply.

User Opt Out:​ If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Us in order to opt out of the Program. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.

Duty to Notify and Indemnify: ​If at any time you intend to stop using the mobile telephone number that has been used to subscribe to the Program, including canceling your service plan or selling or transferring the phone number to another party, you agree that you will complete the User Opt Out process set forth above prior to ending your use of the mobile telephone number. You understand and agree that your agreement to do so is a material part of these terms and conditions. You further agree that, i​f you discontinue the use of your mobile telephone number without notifying Us of such change, you agree that you will be responsible for all costs (including attorneys’ fees) and liabilities incurred by Us, or any party that assists in the delivery of the mobile messages, as a result of claims brought by individual(s) who are later assigned that mobile telephone number.​ This duty and agreement shall survive any cancellation or termination of your agreement to participate in any of our Programs.

YOU AGREE THAT YOU SHALL INDEMNIFY, DEFEND, AND HOLD US HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO NOTIFY US OF A CHANGE IN THE INFORMATION YOU HAVE PROVIDED, INCLUDING ANY CLAIM OR LIABILITY UNDER THE TELEPHONE CONSUMER PROTECTION ACT, 47 U.S.C. § 227, et seq., OR SIMILAR STATE AND FEDERAL LAWS, AND ANY REGULATIONS PROMULGATED THEREUNDER RESULTING FROM US ATTEMPTING TO CONTACT YOU AT THE MOBILE TELEPHONE NUMBER YOU PROVIDED.

Program Description:​ Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the marketing and sale of newest designer collections.

Cost and Frequency:​ Message and data rates may apply. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Us.

Support Instructions​: ​For support regarding the Program, text “HELP” to the number you received messages from or email us at [email protected].​ Please note that the use of this email address is not an acceptable method of opting out of the program. Opt outs must be submitted in accordance with the procedures set forth above.
MMS Disclosure:​ The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.
Our Disclaimer of Warranty:​ The Program is offered on an "as-is" basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control. T-Mobile is not liable for delayed or undelivered mobile messages.

Participant Requirements:​ You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.
Age Restriction:​ You may not use of engage with the Platform if you are under thirteen (13) years of age. If you use or engage with the Platform and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the Platform, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18) and have your parent’s or legal guardian’s permission to use or engage with the Platform, or are of adult age in your jurisdiction. By using or engaging with the Platform, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Platform.

Prohibited Content:​ You acknowledge and agree to not send any prohibited content over the Platform. Prohibited content includes:

- Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity;
- Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age;
- Pirated computer programs, viruses, worms, Trojan horses, or other harmful code;
- Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received;
- Any content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITEC” Act); and
- Any other content that is prohibited by Applicable Law in the jurisdiction from which the message is sent.
Dispute Resolution:​ In the event that there is a dispute, claim, or controversy between you and Us, or between you and 317 LABS, INC. or any other third-party service provider acting on Our behalf to transmit the mobile messages within the scope of the Program, arising out of or relating to federal or state statutory claims, common law claims, this Agreement, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined by arbitration in bagblushtopse Online LLC, Miami before one arbitrator.

The parties agree to submit the dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in effect. Except as otherwise provided herein, the arbitrator shall apply the substantive laws of the Federal Judicial Circuit in which bagblushtopse Online LLC’s principle place of business is located, without regard to its conflict of laws rules. Within ten (10) calendar days after the arbitration demand is served upon a party, the parties must jointly select an arbitrator with at least five years’ experience in that capacity and who has knowledge of and experience with the subject matter of the dispute.

If the parties do not agree on an arbitrator within ten (10) calendar days, a party may petition the AAA to appoint an arbitrator, who must satisfy the same experience requirement. In the event of a dispute, the arbitrator shall decide the enforceability and interpretation of this arbitration agreement in accordance with the Federal Arbitration Act (“FAA”). The parties also agree that the AAA’s rules governing Emergency Measures of Protection shall apply in lieu of seeking emergency injunctive relief from a court.

The decision of the arbitrator shall be final and binding, and no party shall have rights of appeal except for those provided in section 10 of the FAA. Each party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision. The parties agree that the arbitrator shall have the authority to award attorneys’ fees only to the extent expressly authorized by statute or contract.

The arbitrator shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration. The parties agree to arbitrate solely on an individual basis, and this agreement does not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction. If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial. This arbitration provision shall survive any cancellation or termination of your agreement to participate in any of our Programs.

Miscellaneous:​ You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder.

If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Program shall be subject to this Agreement unless explicitly stated otherwise in writing.

We reserve the right to change this Agreement from time to time. Any updates to this Agreement shall be communicated to you. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept this Agreement, as modified.