Terms and Conditions

Agreement between User and www.blushvibe.com

 

Welcome to www.blushvibe.com. The www.blushvibe.com website (the "Site") is comprised of various web pages operated by SEV ENTERPRISE INC. ("SEV"). www.blushvibe.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of www.blushvibe.com constitutes your agreement to all such Terms. Please read these terms carefully and keep a copy of them for your reference.

 

www.blushvibe.com is an E-Commerce Site.

 

Blush is a sexual health brand committed to pursuing pleasure with innovation, education, and inclusivity. Our mission is to enhance intimacy with thoughtful products designed to celebrate all bodies. www.blushvibe.com allows and connects customers to our collection of products to purchase.

 

Privacy

Your use of www.blushvibe.com is subject to SEV's Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.

 

Electronic Communications

Visiting www.blushvibe.com or sending emails to SEV constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.

 

Use of Information

 

  • Customer service. We use your information for customer service purposes, including to provide products and services to you; to take, verify, process, and deliver your orders and returns; to process payments; to verify your tax or tax-exempt status; to determine your credit eligibility for certain services such as from cellular or data providers; to provide you with a personalized shopping experience; for warranty, technical support, or other similar purposes; and to establish and update your customer account.
  • Communication. We use your information to communicate with you, including to respond to requests for assistance and to update you about the status of your orders. We may communicate with you in a variety of ways, including postal mail, email, and/or telephone.
  • Marketing. We use your information for marketing purposes, including providing you with special offers, promotions, news, and newsletters; to contact you about products we think may interest you; to serve relevant advertisements to you; to administer contests, promotions, and other offers; and for other marketing, advertising, and promotional purposes. Our marketing communications with you may include communications via postal mail, email, and/or telephone. Upon placing an order through this Site, your billing email address will automatically be enrolled in the Blushvibe.com promotional email list. You can opt out of receiving promotional emails from us by clicking an unsubscribe link included in our email offers, or by emailing us at customercare@blushvibe.com and requesting to unsubscribe.
  • Administration. We use your information for administrative purposes, including to manage our inventory; to help us better understand how our customers access and use our Site; to provide reports to prospective partners, service providers, regulators, and others; to implement and maintain security, anti-piracy, fraud prevention, and other services designed to protect you and us; to enforce this Privacy Notice, our Terms and Conditions, and other policies.
  • Research and development. We use your information for research and development purposes, including improving our Site, products, services, and customer experience; to understand our customer demographics; and for other research and analytical purposes.
  • Legal compliance. We use your information to comply with applicable legal or regulatory obligations, including responding to a subpoena or court order; to cooperate with law enforcement or other governmental investigations; and as part of legal proceedings.
  • Protection of us and others. We use your information where we believe it is necessary to protect us and others.

 

SMS Marketing & TCPA (Telephone Consumer Protection Act)

 

  • When opted-in, you will receive text messages (SMS/MMS) to your mobile number. These kinds of messages may include order updates, notifications, offers, coupons, or other information.
  • You can opt-out of this service at any time. Just text “STOP” to the phone number. After you text “STOP” to us, we will send you an SMS reply to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us. If you want to join again, just sign up as you did the first time or text “START,” and we will start sending SMS messages to you again.
  • If you are experiencing any issues, you can get help directly from using the Contact Us form.
  • Carriers, such as AT&T, are not liable for delayed or undelivered messages.
  • Message and data rates may apply for any messages sent to you from us and to us from you. You should expect to receive 5 messages per month from us.
  • If you have any questions about your text plan or data plan, please contact your wireless provider.
  • If you have any questions regarding privacy, please read our privacy policy.

 

Your Account

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that SEV is not responsible for third party access to your account that results from theft or misappropriation of your account. SEV and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.

 

Children

SEV does not knowingly collect, either online or offline, personal information from persons under the age of thirteen (13), and we will delete any Personal Information collected that we later know to be from a customer under the age of thirteen (13). If you believe a child under the age of thirteen (13) has disclosed Personal Information to us, please contact us at customercare@blushvibe.com and specify the customer and information you believe to be from the child under thirteen (13). If you are under 18, you may use www.blushvibe.com only with permission of a parent or guardian.

 

Additional Information for California Residents

This additional information only applies to California residents. The California Consumer Privacy Act of 2018 (California Civil Code 1798.100 to 1798.199), as amended or superseded from time to time (the "CCPA") provides California residents with certain rights to know, delete and opt out, and requires businesses collecting or disclosing personal information to provide notices and means to exercise rights.

 

This Additional Disclosure supplements, and should be read in conjunction with our Privacy Notice and is only applicable to California residents with respect to our activities as a business under the CCPA.

 

Notice of Collection

In the past 12 months, we have collected the following categories of personal information identified in the CCPA:

 

  • Category A - Identifiers, including name, address, email address, telephone number, account name, account password, IP address, MAC address, and an ID number assigned to your account.
  • Category B - Customer records, phone number, billing address, and credit or debit card information.
  • Category D - Commercial information, including purchases and engagement with us through our sales and/or customer service channels.
  • Category F - Internet activity, including history of visiting and interacting with our Services, browser type, browser language, and other information collected automatically.
  • Category I - Professional or employment related information, including information you provide when you apply for a job with us.
  • Category K - Inferences drawn, including your preferences, trends, and predispositions in relation to the products that we sell.

 

For more information on information we collect, including the sources we receive information from, review the "Information We Collect" section in our main Privacy Notice. We collect and use these categories of personal information for the business purposes described in the "Use of Information" section of our Privacy Notice.

 

Disclosure of Your Personal Information

SEV Enterprise Inc. may disclose your personal information for a business purpose with different types of entities to assist with our daily operations and manage our Services. Please review the "Sharing of Information" section of our Privacy Notice for more detail about the parties we have shared information with.

In relation to the categories of information identified within the CCPA, we share personal information with the following categories of third parties:

 

  • Service Providers: We also may disclose personal information to third-party service providers that assist us with our operations. For example, payment service providers, fraud detection services, address verification services, fulfillment centers, and couriers).
  • Protecting Our Rights: We may disclose personal information to third parties where we believe there is a legal requirement to do so or is in our interest to protect our property or other legal rights.
  • Corporate Transaction: Personal information may be disclosed as part of a corporate transaction, such as a merger, acquisition, or similar transaction.

 

In the preceding twelve months we may have disclosed the following categories of personal information for business purposes: identifiers, customer records, commercial information, internet activity, and inferences.

We do not sell your personal information and have not done so in the preceding 12 months.

 

Rights

If you are a California resident, you have the right to delete the personal information we have collected from you, subject to certain exceptions, and know certain information about our data practices in the preceding 12 months.

Please note that where we use and disclose personal information for purposes related to security, fraud detection, and other similar purposes, some of your rights may be limited to the extent that they adversely affect the rights and freedoms of other consumers.

 

In particular, you have the right to request the following from us:

 

  • The categories of personal information we have collected about you;
  • The categories of sources from which the personal information was collected;
  • The categories of personal information about you we disclosed for a business purpose;
  • The categories of third parties to whom the personal information was disclosed for a business purpose;
  • The business or commercial purpose for collecting or selling the personal information; and
  • The specific pieces of personal information we have collected about you.

 

You may make a request for the disclosures or deletion described above by emailing us at customercare@blushvibe.com, or calling 1-516-280-6663.

In the request, please specify which right you are seeking to exercise and the scope of the request. We may require specific information from you to help us verify your identity and process your request. Such information may include your First Name, Last Name, Street Address, City, Zip Code, and Date of Birth. This information will be used only for the purposes of verifying your identity and processing your request. We may not be able to comply with your request if we are unable to confirm your identity or to connect the information you submit in your request with personal information in our possession.

You may only make a request for access or deletion twice within a twelve-month period.

If personal information about you has been processed by us as a service provider on behalf of a Marketplace (Amazon, Walmart, etc.) and you wish to exercise any rights you have with such personal information, please inquire with the Marketplace owner directly. If you wish to make your request directly to us, please provide the name of the Marketplace on whose behalf we processed your personal information. We will refer your request to that Marketplace, and will support them to the extent required by applicable law in responding to your request.

 

Response Timing and Format

We endeavor to respond to a verifiable consumer request within 45 days of its receipt. If we require more time (up to 90 days from the date of receiving your request), we will inform you of the reason and extension period in writing.

Any disclosures we provide will only cover the 12-month period preceding the date of the verifiable consumer request’s receipt. The response we provide will also explain the reasons we cannot comply with a request, if applicable.

We do not charge a fee to process or respond to access or deletion requests unless they are excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.

 

Sales Opt-Out Rights

California residents aged 16 and over have the right to direct us to not sell your personal information. As stated above, SEV Enterprise Inc. does not ‘sell’ customer personal information.

 

Authorized Agent

You can designate an authorized agent to submit requests on your behalf. However, we will require written proof of the agent's permission to do so and will verify your identity directly with you.

 

Non-Discrimination

SEV Enterprise Inc.will not discriminate against you for exercising any of your rights.

 

Shine the Light

Under California’s “Shine the Light” law, SEV Enterprise Inc.customers who are California residents can request information about the types of Personal Information (if any) shared by SEV Enterprise Inc. with third parties (if any) for “Direct Marketing Purposes” within the preceding calendar year, as well as the names and addresses of those third parties. “Direct Marketing Purposes” means the use of certain types of Personal Information to solicit or induce a purchase, rental, lease, or exchange of products, goods, property, or services directly to you.

If you are a California resident, you may email your request to customercare@blushvibe.com. Please (i) put “California Privacy Information Request” in the subject line and in the body of your message and (ii) state that you are a California resident and provide your California address. You may make one (1) request per calendar year.

 

Additional Information for Nevada Residents

Nevada law requires businesses that sell the personally identifiable information of Nevada residents to provide a mechanism to opt-out of such sales. We can confirm that these rules do not apply to us as we do not sell personal data for commercial gain (as stated above). If you are a resident of Nevada and wish to understand how we comply with data protection laws in your state then please contact us using the details provided in the ‘Contact Us’ section above.

 

Cancellation/Refund Policy

Due to the highly intimate nature of our products, we do not accept returns or exchanges whether the packaging seal is open or not. Customer safety is our priority. But in case your product stops functioning within 30 days of receipt, and you have not done anything unusual to cause the product to stop working, please write to us through the contact us page and request an exchange for the same item. We want to serve you.

 

Links to Third Party Sites/Third Party Services

www.blushvibe.com may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of SEV and SEV is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. SEV is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by SEV of the site or any association with its operators. Certain services made available via www.blushvibe.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the www.blushvibe.com domain, you hereby acknowledge and consent that SEV may share such information and data with any third party with whom SEV has a contractual relationship to provide the requested product, service or functionality on behalf of www.blushvibe.com users and customers.

 

No Unlawful or Prohibited Use/Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use www.blushvibe.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to SEV that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site.

 

You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site. All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of SEV or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

 

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. SEV content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of SEV and the copyright owner. You agree that you do not acquire any ownership rights in any protected content.

 

We do not grant you any licenses, express or implied, to the intellectual property of SEV or our licensors except as expressly authorized by these Terms.

 

International Users

The Service is controlled, operated and administered by SEV from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the SEV Content accessed through www.blushvibe.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

 

Indemnification

You agree to indemnify, defend and hold harmless SEV, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. SEV reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with SEV in asserting any available defenses.

 

Arbitration

In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator's award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these

Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.

 

Class Action Waiver

Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and SEV agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.

 

Liability Disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. SEV ENTERPRISE INC. AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.  

SEV ENTERPRISE INC. AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. SEV ENTERPRISE INC. AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

 

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SEV ENTERPRISE INC. AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF SEV ENTERPRISE INC. OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

 

Governing Law

SEV reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of New York and you hereby consent to the exclusive jurisdiction and venue of courts in New York in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

 

 

Termination/Access Restriction/Severability Clause

SEV reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of New York and you hereby consent to the exclusive jurisdiction and venue of courts in New York in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

 

No Relationship Clause

You agree that no joint venture, partnership, employment, or agency relationship exists between you and SEV as a result of this agreement or use of the Site. SEV's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of SEV's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by SEV with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and SEV with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and SEV with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

 

Changes to Terms

SEV reserves the right, in its sole discretion, to change the Terms under which www.blushvibe.com is offered. The most current version of the Terms will supersede all previous versions. SEV encourages you to periodically review the Terms to stay informed of our updates.

 

Free Gift with Purchase

Free gift with purchase is a limited time offer. Not available for all products & not included for all orders, unless otherwise stated. Value is based on retail price of item sold on BlushVibe.com. No minimum purchase necessary. Eligibility is advertised for products on BlushVibe.com with an icon, as represented below:

Free gift cannot be returned for a refund of perceived value. There is no refund value on Free Gift. For more information please Contact Us.

 

Contact Us

SEV welcomes your questions or comments regarding the Terms:

 

SEV ENTERPRISE INC.

625 South St

Garden City, New York 11530

Email Address: customercare@blushvibe.com

Telephone number: (516) 280-6663

 

Effective as of May 01, 2022