Terms of service

Welcome to Bambi Did the Lash LLC! These Terms of Service govern your use of our website and the purchase of our products and services. By accessing or using our website, you agree to comply with these terms and conditions. If you do not agree with any part of these terms, please refrain from using our website or purchasing our products and services.

1. Use of Our Website: You may use our website for personal and non-commercial purposes only. You agree not to modify, reproduce, distribute, or exploit any content or materials on our website without our prior written consent.

2. Product Orders: By placing an order through our website, you agree to provide accurate and complete information about yourself, including your name, shipping address, and payment details. You also agree to comply with any additional terms and conditions provided by us regarding the purchase of specific products or services.

3. Payment and Pricing: All prices listed on our website are in US dollars and are subject to change without notice. Payment for orders must be made in full at the time of purchase. We accept payment through various secure payment methods, and your payment information will be processed securely.

4. Shipping and Delivery: We offer worldwide shipping for most of our products, with delivery times varying depending on your location. We are not responsible for any delays or damages that occur during shipping, but we will make every effort to ensure your order is delivered promptly and in good condition.

5. Returns and Refunds: We want you to be completely satisfied with your purchase. If for any reason you are not satisfied with your order, you may return it within 15 days of receipt for a refund, excluding ebooks, training, and masterclasses. Please refer to our Refund Policy for more information on our return process.

6. Lash Training and Masterclasses: Our Lash Training and Masterclasses are designed to provide educational and instructional content to aspiring lash artists. By enrolling in our training programs, you agree to abide by the terms and conditions outlined in our Training Agreement, which will be provided to you upon enrollment.

7. Intellectual Property Rights: All content and materials on our website, including but not limited to text, images, logos, and videos, are the property of Bambi Did the Lash LLC and are protected by copyright and other intellectual property laws. You agree not to use or reproduce any of our intellectual property without our prior written consent.

8. Governing Law: These Terms of Service shall be governed by and construed in accordance with the laws of the United States. Any disputes arising from these terms shall be resolved through arbitration in accordance with the rules of the American Arbitration Association.

9. Changes to Terms: We reserve the right to update or modify these Terms of Service at any time without prior notice. Any changes will be effective immediately upon posting on this page. Your continued use of our website after any such changes constitutes your acceptance of the revised terms.

10. Contact Us: If you have any questions or concerns about these Terms of Service, please contact us at sbakalish@gmail.com. We are committed to providing you with excellent service and addressing any issues promptly and transparently.

11. SMS

By consenting to Bambi Did the Lash's SMS marketing in the checkout and initializing a purchase or subscribing via our subscription tools, you agree to receive recurring text notifications (for your order, including abandoned checkout reminders), text marketing offers, and transactional texts, including requests for reviews from us, even if your mobile number is registered on any state or federal do-not-call list. Message frequency varies. Consent is not a condition of purchase.

If you wish to unsubscribe from receiving text marketing messages and notifications, reply with STOP to any mobile message sent from us or use the unsubscribe link we provided you within our messages. You understand and agree that the primary method for opting out of our SMS program is to reply with specific keywords (such as ‘STOP,’ ‘END,’ ‘UNSUBSCRIBE,’ ‘CANCEL,’ or ‘QUIT’), or to use the unsubscribe link provided. We will also honor any other requests that clearly express your desire to opt out, including phrases like ‘please opt me out.’ 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 and data rates may apply.

For any questions, please text HELP to the number you received the messages from. You can also contact us at sbakalish@gmail.com for more information.

We have the right to modify any telephone number or short code we use to operate the service at any time. You will be notified on such occasions. You agree that any messages you send to a telephone number or short code we have changed, including any STOP or HELP requests, may not be received, and we will not be liable for honoring requests made in such messages.

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.

Your right to privacy is important to us. You can see our Privacy Policy here to determine how we collect and use your personal information.

Arbitration and Class Action Waiver Agreement:

1. Arbitration:

By using or purchasing Bambi Did the Lash products or services, you agree that any controversy, claim, action, or dispute between you and Bambi Did the Lash arising out of or relating to: (a) these Terms, or the breach thereof; or (b) your access to or use of Bambi Did the Lash’s website or the services or the materials; or (c) any alleged violation of any federal or state or local law, statute or ordinance (each such controversy or claim, a “Claim”), shall be resolved exclusively through binding individual arbitration administered by the American Arbitration Association in accordance with its applicable rules.

Arbitration is a form of dispute resolution in which parties agree to submit their disputes and potential disputes to a neutral third person (called an arbitrator) for a binding decision, instead of having such dispute(s) decided in a lawsuit, in court, by a judge or jury trial. The arbitrator is obligated to issue a reasoned award in writing, including all findings of fact and law upon which the award was made. The arbitrator shall not have the power to commit errors of law, and the arbitrator’s award may be vacated or corrected through judicial review by a court of competent jurisdiction. Each party’s attorneys’ fees, expert costs, and other costs and expenses incurred in connection with arbitration will be borne by the party incurring such costs and expenses.  

  1. Arbitration Procedures:

Claims shall be heard by a single arbitrator. Arbitrations shall be held in [County, State, USA], but the parties may choose whether to appear in person, by phone, or through the submission of documents.  The arbitration shall be governed by the Federal Arbitration Act (“FAA”) and by the internal laws of the [State], without regard to conflicts of laws principles. Any disputes in this regard shall be resolved exclusively by an arbitrator. If, but only if, the arbitrator determines the FAA does not apply, New York law governing arbitration agreements will apply. All disputes with respect to whether the foregoing mutual arbitration provisions are unenforceable, unconscionable, applicable, valid, void or voidable shall be determined exclusively by an arbitrator, and not by any court.

  2. Exclusion from Arbitration:

Notwithstanding the terms of this Arbitration Agreement, you may choose to pursue a Claim in court and not by arbitration if you opt-out of these arbitration procedures within 30 days from the date that you first purchase any of Bambi Did the Lash’s products or services (the “Opt-Out Deadline”). You may opt out by mailing a written notification to [insert address].  Your written notification must include (1) your name, (2) your address, and (3) a clear statement that you do not wish to resolve disputes through arbitration. Your decision to opt-out will have no adverse effect on your relationship with Bambi Did the Lash. You are responsible for ensuring Bambi Did the Lash’s receipt of your opt-out notice, and you therefore may wish to send a notice by means that provide a written receipt.  Any opt-out request received after the Opt-Out Deadline will not be valid and you must pursue your Claim in arbitration.

2. Class Action Waiver:

You and Bambi did the Lash agree that you may bring or participate in Claims against Bambi Did the Lash only in your respective individual capacity, and not as a plaintiff or class member in any purported class, consolidated, or representative proceeding.  Unless both you and Bambi Did the Lash agree otherwise in writing, the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated and may not otherwise preside over any form of a representative or class proceeding. Notwithstanding any other clause contained in this Agreement, any Claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator.