TERMS OF SERVICE, USE AND PURCHASE
This website, located at www.SavageX.com (this “Site”), is owned and operated by Lavender Lingerie, LLC (“Lavender”). Lavender provides website features and other products and services to you when you visit this Site, access this Site from your mobile device, or use software provided by us in connection with any of the foregoing (collectively, the "Services"). We provide the Services to you subject to these Terms of Service.
By using the Services, you agree to these Terms of Service. Please read them carefully. These Terms of Service include a mutual arbitration agreement, class action waiver, and limitations on liability.
By accessing or using this Site, our mobile application, or other Savage X Fenty product or service on any computer, mobile phone, tablet or other device (collectively, “Device”), you acknowledge and agree that you have read, understand and agree to be bound by these Terms of Service and any other applicable law, whether or not you are a registered Xtra VIP Member.
We may change these Terms of Service at any time without notice. When changes are made, we will post them here. Your continued use of the Services and/or enrollment in the Xtra VIP Membership Program will be considered your acceptance to the revised Terms of Service. If you do not agree to these Terms of Service, please do not use this Site, the mobile application or any of our Services, and immediately cancel your Xtra VIP Membership by contacting one of our customer service representatives at (855) 728-2439 (open 24/7) or by using the live chat or online cancel options in your Account.
When you use any of our Services or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on this Site or through the other Services. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
When you provide your phone number and opt-in to Lavender’s text message marketing program (the “Messaging Service”), you agree to receive recurring automated promotional and personalized marketing text (e.g., SMS and MMS) messages (e.g., cart reminders) from Savage X Fenty, including text messages that may be sent using an automatic telephone dialing system, to the mobile telephone number you provided when signing up or any other number that you provided. Consent to receive automated marketing text messages is not a condition of any purchase. Reply HELP for help and STOP to cancel. Message and data rates may apply.
Message frequency will vary. Lavender reserves the right to alter the frequency of messages sent at any time so as to increase or decrease the total number of sent messages. We also reserve the right to change the short code or phone number from which messages are sent and we will notify you when we do so. Not all mobile devices or handsets may be supported and our messages may not be deliverable in all areas. Lavender, its service providers and the mobile carriers supported by the program are not liable for delayed or undelivered messages.
Not all mobile devices or handsets may be supported and our messages may not be deliverable in all areas. Lavender, its service providers and the mobile carriers supported by the program are not liable for delayed or undelivered messages.
We are able to deliver messages to the following mobile phone carriers: Major carriers: AT&T, Verizon Wireless, Sprint, T-Mobile, MetroPCS, U.S. Cellular, Alltel, Boost Mobile, Nextel, and Virgin Mobile. Minorcarriers: 1stPoint Communications, Aerialink, Alaska Communications Systems (ACS), Appalachian Wireless (EKN), Arctic Slope Telephone Cooperative Association, ATNI (Commnet/Choice Wireless), Bandwidth (Republic Wireless), Bell Mobility, Bluegrass Cellular, BreakAway Wireless, BrightlinkIP, Cambridge Telephone Company, Carolina West Wireless, Cellcom, Cellone Nation, Cellular One of East Central IL (ECIT), Cellular One of Northeast Arizona, Cellular One of Northeast Pennsylvania, Chariton Valley, Cincinnati Bell Wireless, Claro (Puerto Rico), Cooper Valley, Coral Wireless (Mobi PCS), Cordova Wireless, COX, Cricket Wireless, Cross, C-Spire, Custer Tel, Digital Communications Consulting (DCC/OTZ Telecommunications), Duet, Element Mobile (Flat Wireless), Enflick (TextNow), Epic Touch (Elkhart Telephone), Fido Mobile, Fizz Mobile, Freedom Mobile, GCI, Golden State, Google Voice, GTA, Hawkeye (Chat Mobility), Hawkeye (NW Missouri), Illinois Valley Cellular, Indigo Wireless, Inland Cellular,Inteliquent (Layered/Onvoy/UNREAL/FreedomPop), iWireless (Iowa Wireless), James Valley, Keystone Wireless (Immix Wireless/PC Man), Mosaic (Consolidated or CTC Telecom), MTPCS, NE Colorado, Nemont CDMA (Sagebrush Cellular), Nemont UMTS, Nex-Tech Wireless, NTelos, Nucla-Naturita Tel, Open Mobile (Puerto Rico), Orange, Panhandle Communications, Peerless Networks, Pine Cellular, Pinger (Textfree), Pioneer, Plateau (Texas RSA 3 Ltd), Plivo, PTCI (Panhandle Telephone Coop.), PTI Pacifica (IT&E), Revol, RINA, Rogers Wireless, Sasktel, Simmetry (TMP Corporation), Shelcomm, Silver Star Communications, Snake River PCS (Eagle Tel), SouthernLINC, Standing Rock, Strata Networks, Telnyx, Telus Mobiity, TextMe, Thumb Cellular, Triangle Wireless, Trilogy, Truphone, TSG Global (Flextalk), Tychron, Union Wireless, United Wireless, Viaero Wireless, Videotron Mobile, Viva, Viya, Washington RSA No. 8, West Central (WCC or 5 Star Wireless), and Zipwhip.
Text the keyword STOP, END, CANCEL, UNSUBSCRIBE or QUIT to our shortcode to cancel. After texting STOP, END, CANCEL, UNSUBSCRIBE or QUIT to our shortcode you will receive one additional message confirming that your request has been processed. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that do not include the STOP, END, CANCEL, UNSUBSCRIBE or QUIT keyword commands and agree that Fabletics and its service providers will have no liability for failing to honor such requests. If you unsubscribe from one of our text message programs, you may continue to receive text messages from Fabletics through any other programs you have joined until you separately unsubscribe from those programs. Text the keyword HELP to our shortcode to return customer care contact information. If you are experiencing any problems with the Messaging Service, you may contact our customer service representatives at (855) 728-2439 (open 24/7) or by using live chat which is available 9am - 9pm (EST), 7 days a week.
XTRA VIP MEMBERSHIP PROGRAM
Become an Xtra VIP Member.
Want to opt-in to getting Xtra VIP treatment and pricing? Click on “VIP Add to Bag” while you shop to add the Xtra VIP Membership to your shopping cart. Important disclosures regarding how our Xtra VIP Membership works is summarized right there in your shopping cart. When you continue to checkout, you must agree to the terms and conditions of the Xtra VIP Membership and our Site. You may cancel your Xtra VIP Membership at any time by calling our customer service representatives at (855) 728-2439 (open 24/7) or by using the live chat or online cancel options in your Account.
How Xtra VIP Membership Works.
The Xtra VIP Membership is flexible. The choice is always yours to unlock Xclusive Perks for $59.95 each month or “Skip the Month” between the 1st and 5th of each month if you don’t want to be billed. With monthly billing, you unlock our best pricing and perks and get access to even more Xtra VIP-only Sets and colors. In addition, if you purchase Xclusive Perks for a month, you will also receive a promotional Member Credit for free!
Member Credits = More Savings! Each Member Credit can be redeemed for any item on the Site, any Xtra VIP-only Set or any monthly Xtra VIP Box, regardless of price. These items may be valued above or below $59.95. With a Member Credit, you can also build your own Xclusive Bundle and get any two items up to $39.95 each. Member Credits can be redeemed on future purchases and expire after 12 months from the date of issuance – but don’t worry, we’ll remind you ahead of time! Member Credits are non-transferable and cannot be redeemed for cash or store credit. Use of Member Credits may be limited in occasional cash-only sales events.
With our flexible Xtra VIP Membership Program, you may “Skip” as many months as you like. To “Skip the Month”, you must log into your Account and select the “Skip the Month” option between the 1st and the 5th of the month. If you do not “Skip the Month” between the 1st and the 5th of each month, your payment method will automatically be charged $59.95 on the 6th of each month until you cancel. Even if you decide to “Skip” any month, you may return to our Site to make a purchase at any time and enjoy our Everyday Xtra VIP Perks as an Xtra VIP Member.
If you wish to you cancel your Xtra VIP Membership, you can do so at any time by calling our customer service representatives (open 24/7) at (855) 728-2439. You may also cancel your Xtra VIP Membership online by using live chat or visiting your Account page. There is no cancellation fee. The Xtra VIP Membership Account may only be canceled by the registered Xtra VIP Member or the holder of the payment method on file. Any promotional Member Credits you have in your Account at the time of cancellation will expire 12 months after the date they were issued. You may use any remaining unexpired Member Credits after cancellation, but you will no longer have access to any Xclusive Perks or Everyday Xtra VIP Perks. The $59.95 monthly membership charge is non-refundable and there are no refunds or credits for partially used perks.
Enjoy Everyday Xtra VIP Perks, even if you “Skip the Month”.
Did you know Xtra VIP Members enjoy special perks every day, even if you “Skip the Month”? Everyday Xtra VIP Perks include savings of up to 25% on full-price styles, access to Xtra VIP-only sales & offers, free shipping on orders $49+, a yearly birthday surprise and so much more. ?
Annual Xtra Savage Membership Program.
If you signed up for the annual Xtra Savage Membership between May 11, 2018 and January 15, 2019, your annual Xtra Savage Membership will auto-renew the day before the anniversary of when you signed up and your payment method will be charged $49 until you cancel. For example, if your Membership Activation Date is on January 1st, your membership will be on auto renewed on December 31st. Each year you are auto renewed, you will receive a $30 reward toward your next purchase of $35 or more. You may view the last date of your Xtra Savage Membership term in your Account. To cancel your annual Xtra Savage Membership, you may do so by contacting our customer service representatives at (855) 728-2439 (open 24/7) or by using the live chat or online cancel options in your Account. You can do this any time before the anniversary of your sign-up date.
By providing a payment method, you accept responsibility for all charges until you cancel your annual Xtra Savage Membership or your annual Xtra Savage Membership is discontinued pursuant to these Terms of Service. If payment is declined for all payment methods associated with your Account, you must provide us with a new payment method promptly or your Xtra Savage Membership benefits will be canceled. The annual Xtra Savage Membership fee is non-refundable and there are no refunds or credits for partially used periods.
Unlike monthly Xtra VIP Members, annual Xtra Savage Members do not need to log into their Account between the 1st and 5th of each month to “Skip the Month”. Annual Xtra Savage Members will not be charged the monthly membership fee of $59.95 or have the ability to unlock Xclusive Perks, including the promotional Member Credit, unless the Xtra Savage Member chooses to convert into the Xtra VIP Membership Program.
RESTRICTIONS ON XTRA VIP MEMBERSHIP & ANNUAL XTRA SAVAGE MEMBERSHIP
We reserve the right to refuse or cancel your monthly Xtra VIP Membership or annual Xtra Savage Membership, as applicable, without notice to you, in our sole discretion. You may not transfer, assign or allow others to use your membership or any membership benefits. Members are not permitted to purchase products on the Site for the purpose of resale, rental, lease, or loan, or to distribute to third parties using membership benefits.
Some membership benefits may require certain purchase order thresholds, have geographic limitations or require members to meet certain criteria in order to access them. From time to time, we may choose, in our sole discretion, to add, remove, modify or limit membership benefits, including but not limited to restricting the use of promotional Member Credits in cash-only sales events.
At this time, our customers who checkout using Borderfree are not currently eligible to join our Xtra VIP Membership Program.
Shipping rates are calculated as follows:
Alaska, Hawaii, Puerto Rico, APOs
$49 and Over
6-14 Business Days
Up to 30 Days
Any Order Value
2-3 Business Days
*All delivery times are based on average in-transit time and are not guaranteed. Shipments to Alaska, Hawaii, Puerto Rico or APOs may be subject to transit times up to 30 days due to the carrier or location of station. Orders shipped to Alaska, Hawaii, Puerto Rico and APOs do not qualify for Rush Shipping. ?
When you submit an order, we will send you an email confirming receipt of your purchase. This does not mean that we have accepted your order. Our acceptance of the order takes place when the products are shipped to you.
As soon as your order ships, you will be provided with a tracking number via email. You can also find your order details and tracking information on the “Order & Returns” page in your Account. We do not guarantee any specific delivery dates or times.
Through our partnership with Borderfree, we are pleased to provide an international shopping experience to our customers. For a list of available shipping countries and shopping currencies, please click here.
RETURNS & EXCHANGES
We strive to provide an amazing shopping experience and superior customer service. If, for any reason, you are not completely satisfied with your order, we gladly offer free returns and exchanges in the U.S. within 90 days from the original date of shipment for Xtra VIP Members, and within 30 days from the original date of shipment for all other customers, subject to the following terms and limitations.
We accept returns or exchanges for free in the U.S. up to 90 days from the original date of shipment for Xtra VIP Members and up to 30 days from the original date of shipment for all other customers. You can exchange an item for another item, or return it for store credit or a refund. Any items acquired with Member Credit or store credit can only be exchanged or returned for Member Credit or store credit, as applicable, and will not be eligible for a refund to a debit or credit card. Some items purchased through special promotions may be final sale, and therefore not eligible for exchanges or returns (please refer to promotion disclaimers for the terms of each offer). “Final sale” items are not eligible for returns or exchanges. Any item to be returned or exchanged must be in new, unused and resalable condition with all original tags attached. Any return or exchange should be sent back in the original, undamaged box and packaging, plus any accessories or extras that may have been included with the shipment.
SHIPPING YOUR RETURNS/EXCHANGES
Returns and exchange are easy! To make a return or exchange, please follow these steps:
- Print your return shipping label by visiting the “Order & Returns” page under “My Account”. Alternatively, you can call our customer service representatives at (855) 728-2439 and they will email you a return shipping label and help you with any other questions you have regarding your return.
- Prepare your package using the original, undamaged box and packaging.
- Attach the return shipping label to your shipment.
- Ship your package at any USPS locations.
If, for any reason, you are not satisfied with your international order, please call our customer service representatives at (855) 728-2439 and we will provide further instructions on where returns should be shipped and the amount to be refunded. Refunds will be credited to you by our partner, Borderfree, in the same currency and using the same exchange rate as your original order. Customer is responsible for return shipping and handling and other applicable costs.
From time to time, we may offer extended return and exchange promotions, which are subject to these Terms of Service except as otherwise stated in any specific terms. We reserve the right, in our discretion, to determine eligibility for any extended return and exchange promotions.
RISK OF LOSS/TITLE
The risk of loss and title for products purchased on the Site or through the Services passes to the purchaser upon our delivery to the carrier. Replacement of products and credits to your Account for shipped merchandise claimed as not received are subject to our investigation. We will adjust your Account at our discretion. We do not take title to returned items until the item arrives at our fulfillment center. At our discretion, a refund may be issued without requiring a return. In this situation, we do not take title to the refunded item.
Lavender reserves the right to collect sales and/or use taxes in any jurisdiction it believes that such collection is required by law. Lavender also reserves the right to collect fees associated with tariff taxes and surcharges.
For states imposing sales or use taxes, your purchase may be subject to use tax unless it is specifically exempt from taxation. Your purchase is not exempt merely because it is made over the Internet or by other remote means. Many states require purchasers to file a sales/use tax return at the end of the year reporting all of the taxable purchases that were not taxed and to pay tax on those purchases. You may have a tax obligation in states where Lavender does not collect sales tax. Details of how to report these taxes may be found at the websites of the taxing authorities applicable to you.
Effective July 1, 2022, Colorado imposes a non-refundable retail delivery fee of $0.27 on all deliveries by motor vehicle to a location in Colorado with at least one item of tangible personal property subject to state sales or use tax. Lavender is liable to collect and remit the fee on each order to be delivered to a Colorado address. The fee applies to the entire order regardless of the number of items in an order and how many shipments are needed to deliver the items ordered. The retail delivery fee is not refundable on orders that are returned for a credit or refund including sales tax.
To make purchases on this Site or through the Services, or to become an Xtra VIP Member, you must submit credit card, debit card or other payment information. You represent and warrant to Lavender that such information is true and that you are authorized to use the payment instrument. You will promptly update your Account information with any changes (for example, a change in your billing address or credit or debit card expiration date) that may occur. You authorize Lavender to use and store any credit card, debit card or other payment information submitted by you or updated credit card information submitted by your credit card company directly to Lavender. Lavender may also use additional payment methods you provided as a default option. If your credit or debit card cannot be charged due to expiration, insufficient funds or otherwise, Lavender reserves the right to either suspend or terminate your purchase and/or cancel your Xtra VIP Membership if you do not update your payment information. If you dispute any charges for product purchases, you must inform Lavender within thirty (30) days from the date of shipment. We reserve the right to change any product prices and fees. If Lavender changes the annual or monthly membership fee or makes any other changes to your membership, we will notify you by email of these changes. Your continued use of the Services after the price change becomes effective constitutes your agreement to pay the changed amount.
Lavender may, from time to time, partner with certain third-party payment services (e.g., PayPal, Afterpay, etc.) ("Payment Service") to make the payment process more efficient and streamlined. If you choose to use a Payment Service on this Site, you authorize Lavender to receive and store the payment information associated with your use of such Payment Service and to use such payment information in connection with your purchase of Services and, for members, the $59.95 monthly membership charge or the $49 annual membership fee, as applicable.
ACCOUNT CONFIDENTIALITY AND ACCESS
You are solely responsible for maintaining the confidentiality of your Account, all activities occurring under your Account and all access to and use of the Services by anyone using your Account, whether or not such activities and access are actually authorized by you, including but not limited to all communications, transactions and obligations. You agree to accept responsibility for all activities that occur under your Account and password. Lavender shall not be liable or responsible for any loss or damage arising from any unauthorized use, access or any other breach of security of your Account, including but not limited to your Account sign-in password and email address. You acknowledge and accept that your use of the Services is in compliance with these Terms of Service. You further acknowledge and accept that Lavender shall have no obligation to investigate the authorization or source of any Account activity, including purchase activity following a proper log-in to this Site or any Service, which is defined as a matching and current member sign-in and user password. You must notify us immediately of any unauthorized access to your Account or any other unauthorized use of any of our Services.
You agree that Lavender may, without prior notice, immediately terminate, limit your access to or suspend your Account, monthly Xtra VIP Membership or annual Xtra Savage Membership based on any of the following: (a) breach or violation of these Terms of Service; (b) upon request by law enforcement; (c) unforeseeable technical or security issues or problems; (d) extended periods of inactivity; or (e) fraudulent, deceptive or illegal activity, or any other activity which Lavender believes is harmful to its business interests: or (f) for no reason. You agree that any termination, limitation of access and/or suspension will be made in Lavender’s sole discretion and that Lavender will not be liable to you or any third party for the termination, limitation of access and/or suspension of your Account.
Any and all Services may be used only for lawful purposes and are available only for your personal, noncommercial use, which is limited to viewing this Site, purchasing products, providing information to Lavender, and downloading product information for your personal review. You are responsible for your own communications, including the transmission, posting and uploading of information, and are responsible for the consequences of such communications. Lavender specifically prohibits any use of, and requires all users to agree not to use, the Services for any of the following:
- Posting any information which is incomplete, false, inaccurate or not your own;
- Creating multiple accounts for the same user;
- Impersonating or misrepresenting your identity or affiliation;
- Providing your password to any other person or using any other person’s username and password;
Accessing data not intended for you or logging on to a server or account, which you are not authorized to access;
Engaging in conduct that would constitute a criminal offense, giving rise to civil liability or otherwise violate any city, state, national or international law or regulation that would fail to comply with accepted Internet protocol;
Using the Site or Services for commercial use, resale or use on behalf of any third party;
Communicating, transmitting, or posting material that is copyrighted or otherwise owned by a third party unless you are the copyright owner or have the permission of the owner to post it;
Communicating, transmitting, or posting material that reveals trade secrets, unless you own them or have the permission of the owner;
Communicating, transmitting, or posting material that infringes on any other intellectual property, privacy or publicity right of another;
Communicating, transmitting, or transferring (by any means) information or software derived from the site to foreign countries or certain foreign nations in violation of any applicable export control laws;
Attempting to interfere in any way with this Site's network security, or attempting to use this Site's service to gain unauthorized access to any other computer system;
Communicating, transmitting, or posting material that is in violation of applicable laws or regulations;
Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization (or succeeding in such an attempt);
Attempting to interfere or interfering with the operation of this Site, Lavender’s provision of services to any other visitors to this Site, Lavender hosting provider or Lavender networks, including, without limitation, via means of submitting a virus to this Site, overloading, "flooding", "mailbombing" or "crashing" this Site;
Reverse engineering, tampering, modifying, damaging or disassembling the technology used for the Site or Services;
Forging any TCP/IP packet header or any part of the header information in any email or transmission or posting to this Site.
Any and all content, comments, reviews, feedback, suggestions, ideas, concepts, photos, questions or other communications (collectively, "User Content") that you submit or post through any of our Services shall be deemed non-confidential and non-proprietary. By submitting, uploading, tagging or posting any User Content, you grant to Lavender, its subsidiaries, affiliates, successors and assigns, a perpetual, irrevocable, unrestricted, non-exclusive, royalty-free, worldwide, sublicensable and transferable license to copy, publish, translate, modify, create derivative works from, distribute, reproduce, display, or use the User Content in any commercial or non-commercial manner whatsoever, including but not limited to social media, marketing, third party materials, promotional materials, advertising, and other commercial and non-commercial usages without any obligation or additional permission from you. Lavender will be free to use any ideas, concepts, know-how or techniques contained in such User Content for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products that incorporate or otherwise rely upon such information. You also grant Lavender the right to use the name, username and/or handle you submit with any User Content in connection with such content.
You understand and agree that all opinions expressed in User Content reflect solely the opinions of the individuals who have submitted such User Content and are not endorsed by Lavender. Lavender shall have no obligation to monitor User Content, use or display User Content, compensate you for submitting User Content, or respond to any User Content. You are solely responsible for your use of any User Content you post, including the transmission, accuracy and completeness of the User Content. In addition, relying on any User Content by other users is at your own risk. To the extent permitted by applicable law, under no circumstances will Lavender be responsible or liable for any loss or damage resulting from your reliance on information, advice or other User Content provided by any user of our Services. Lavender retains the right, in its sole discretion and without prior notice, to remove, revise or refuse to post any User Content for any reason or no reason. A purchase or payment of any kind will not increase the chance that we will use your User Content.
By submitting User Content, you represent and warrant to Lavender that (i) you are over the age of 18, (ii) you have the requisite right to transmit, distribute, replicate and post the User Content, (iii) you are the copyright owner or have the copyright owner’s permission required to grant the rights to the User Content provided, (iv) you hold the rights necessary to grant the licenses described herein, (v) you have obtained the consent of each person, if any, depicted in the User Content and the User Consent does not feature anyone under the age of 18. In addition, you represent and warrant to Lavender that the User Content does not (a) contain false or misleading information, (b) infringe on the intellectual property rights of any third party, (c) contain any libelous, defamatory, abusive, discriminatory, hateful, violent, threatening, invasive of privacy or otherwise harassing or unlawful content, (d) display material that exploits children under 18, (e) sell or promote any products or services unrelated to this Site, including any controlled pharmaceutical substances, tobacco, fire arms, or alcoholic beverages, (f) promote or solicit any business, or post any unsolicited advertising, promotional materials or any other forms of solicitations, (g) contain any addresses, email addresses, phone numbers, any contact information or other personally identifying information of third parties, (h) contain computer viruses, worms or other harmful files, or (i) contain material that could constitute or encourage conduct that would be considered a criminal offensive, give rise to civil liability or otherwise violate any city, state, national or international laws or regulations. You are solely responsible for the User Content and you hereby agree to indemnify and hold Lavender and its subsidiaries, affiliates, employees, successors and assigns harmless from any and all damages, claims, expenses, losses, costs and fees arising from or in connection with a breach of any of the foregoing representations and warranties or your violation of any law or rights of a third party. If at any time you believe that any of the representations and warranties provided above is not correct, you must notify us immediately by sending an email to email@example.com and identifying the User Content along with a detailed explanation of the issue.
By using this Site, you may come across mature content that includes nudity or partial nudity, and that you may consider offensive, indecent, explicit, inappropriate or objectionable. You acknowledge and understand these risks in using this Site and the Services and represent that the jurisdiction from which you are accessing the Site does not prohibit the receiving or viewing of sexually explicit content.
Prices, descriptions and availability of products are subject to change without notice. Errors may be corrected when discovered, and Lavender reserves the right to revoke any stated offer in order to correct any errors or inaccuracies. Although Lavender has made every effort to display our products and their colors as accurately as possible, the displayed colors of the products depend upon the monitor of the user, and Lavender cannot guarantee that the user's monitor will accurately portray the actual colors of the products. Products displayed may be out-of-stock or discontinued, and prices are subject to change. Lavender is not responsible for typographical errors regarding price or any other matter.
All orders placed through any of our Services offered are subject to Lavender’s acceptance. This means that Lavender may refuse to accept or may cancel any order, whether or not the order has been confirmed, for any or no reason, and without liability to you or anyone else. If your credit or debit card has already been charged for an order that is later cancelled, Lavender will issue you a refund.
INTELLECTUAL PROPERTY RIGHTS
All content, graphics, text, code and software used on or incorporated into this Site and/or any Services, and the arrangement or integration of all such content, graphics, code and software, are subject to copyrights held by or licensed to Lavender and all rights thereto are specifically reserved. As between you and Lavender (or any other company whose marks appear on any Services), Lavender (or the respective company) is the owner and/or authorized user of any registered or unregistered trademark, trade name and/or service mark appearing on this Site and any other Service and is the copyright owner or licensee of the materials and content contained therein, unless otherwise indicated. Lavender’s logos, designs, titles, phrases, product names, photographs, images, videos and content and the copyrights, trademarks, service marks, trade dress and/or other intellectual property in such materials (collectively, "Lavender Intellectual Property") are owned by Lavender and may be registered in the United States and internationally. You agree not to display or use the Lavender Intellectual Property in any manner without Lavender's prior written permission. Nothing contained on this Site or in any other Service should be construed to grant any license or right to use any Lavender Intellectual Property without the prior written consent of Lavender.
Except as otherwise provided herein, use of the Services does not grant you a license to any materials, content or features you may access on this Site or via the Services and you may not modify, rent, lease, loan, sell, distribute or create derivative works of such materials and content, features or materials, in whole or in part. Any commercial use of the Services is strictly prohibited, except as otherwise approved by us. You may not download or save a copy of any of the materials and content or screens for any purpose without the prior written consent of Lavender. If you make use of the Services, other than as provided herein, in doing so you may violate copyright and other laws of the United States and/or other countries, as well as applicable state laws, and you may be subject to liability for such unauthorized use. The information contained in the Services including, without limitation, all site design, text, graphics, interfaces, and the selection and arrangements is protected by law including, but not limited to, copyright law.
DISCLAIMERS AND LIMITATION OF LIABILITY
Lavender publishes information within the Services as a convenience to its visitors. While Lavender attempts to provide accurate and timely information, there may be inadvertent technical or factual inaccuracies and typographical errors. We reserve the right to make corrections and changes to the Services at any time without notice. The products described in the Services may not be available in your region. Lavender does not claim that the information on this Site is appropriate to your jurisdiction or that the products described in the Services will be available for purchase in all jurisdictions.
YOUR USE OF THE SERVICES ARE AT YOUR SOLE RISK. THE SERVICES AND THE PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, LAVENDER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
LAVENDER MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, THAT THE OPERATION OF THIS SITE OR ANY OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR AS TO THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, OR ANY OF THE SERVICES, IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE, UNLESS OTHERWISE SPECIFIED IN WRITING.
LAVENDER SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF, OR THE INABILITY TO USE, THIS SITE OR THE SERVICES OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH LAVENDER, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE AND CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION FOR ANY LOST PROFITS, DATA OR USE EVEN IF LAVENDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
LAVENDER SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF, OR THE INABILITY TO USE, THIS SITE OR THE SERVICES EVEN IF CAUSED IN WHOLE OR PARTY BY THE ACTION, INACTION OR NEGLIGENCE OF LAVENDER OR OTHERS. LAVENDER SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR THE SERVICES ISSUED AGAINST YOU BY THIRD PARTY FINANICAL INSTITUTIONS SUCH AS BANKS OR CREDIT CARD COMPANIES. LAVENDER SHALL NOT BE LIABLE FOR ANY OVERDRAFT, LATE OR ANY OTHER CHARGES ISSUED AGAINST YOU BY A BANK OR CREDIT CARD.
CERTAIN STATE LAWS MAY NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU AND YOU MAY HAVE ADDITIONAL RIGHTS.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICES, OR WITH ANY OF THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICES. IF A PRODUCT OFFERED THROUGH THE SERVICES IS NOT AS DESCRIBED, YOUR SOLE REMEDY IS TO RETURN IT IN ACCORDANCE WITH THE RETURN POLICY SET FORTH IN DETAIL IN THESE TERMS OF SERVICE.
INDEMNITY AND RELEASE
You agree to indemnify and hold Lavender and its parent, subsidiaries, affiliates, officers, agents and employees harmless from any and all liabilities, claims, demands, actions, suits, losses, obligations, judgments, proceedings, damages, expenses and costs (including reasonable attorneys' fees), based upon, arising from or related to (a) information or content submitted, transmitted or otherwise made available on or through the Services by you or any other person accessing the Services using your Account; (b) the use of, or connection to, the Services by you or any other person accessing the Lavender Site using your Account (including negligent or wrongful conduct); or (c) your breach or attempted breach of these Terms of Service.
DISPUTE RESOLUTION AND MUTUAL ARBITRATION AGREEMENT
Use of the Services, enrollment in any membership program, any purchases made through the Services, and any controversy, claim or dispute arising out of or relating in any way to your use of the Services, your membership in or purchases through the Services, monthly Xtra VIP Membership Program, annual Xtra Savage Membership Program and/or your Account, or products purchased through the Services (collectively, “Disputes”) shall be governed by the laws of your home state of residence without respect to its choice (or conflict) of laws rules.
All Disputes between you and Lavender must be commenced within one (1) year after the claim or cause of action arose.
Forum Selection / Jurisdiction.
Jurisdiction and venue for all Disputes shall be in Los Angeles, California. Each party submits to personal jurisdiction and venue in that forum for any and all purposes.
Agreement to Pre-Arbitrate Notification.
These Terms of Service provide for final, binding arbitration of all Disputes (discussed immediately below). You and Lavender agree, however, that it would be advantageous to discuss and hopefully resolve any Disputes before arbitration proceedings or any other proceedings authorized herein are initiated. In the event of a Dispute, the claimant whether you or Lavender shall send a letter to the other side briefly summarizing the claim and the request for relief. If Lavender is the claimant, the letter shall be sent, via email, to the email account listed in your Account. If you are the claimant, the letter shall be sent to Lavender, LLC, Attn: General Counsel, 800 Apollo Street, El Segundo, California 90245. The parties agree that, before either party demands arbitration against the other, we will personally meet and confer, via telephone or videoconference, in a good-faith effort to resolve informally the Dispute. If you are represented by counsel, your counsel may participate in the conference, but you shall also fully participate in the conference. Engaging in this informal dispute resolution conference is a requirement that must be fulfilled before commencing arbitration. If the Dispute is not resolved within 60 days after the letter is sent, the claimant may proceed to initiate arbitration proceedings or any other proceedings authorized herein. The statute of limitations and any arbitration filing fee deadlines shall be tolled while the parties engage in the informal dispute resolution process required by this paragraph.
Agreement to Arbitrate Claims.
Except to the limited extent noted below, all Disputes shall be resolved by final, binding, and bilateral arbitration between you and Lavender.
The arbitration shall take place in Los Angeles County, California and be administered by ADR Services, Inc. and shall be subject to ADR Services’ most current version of its Arbitration Rules, available at https://www.adrservices.com/services/arbitration-rules or by calling ADR Services at 310-201-0010. If ADR Services is not available to arbitrate, the parties will mutually select an alternative arbitral forum, and either Party may invoke 9 U.S.C. § 5 to request that a court appoint an arbitration provider. To the extent there is a dispute over which arbitration provider shall administer the arbitration, only a court (and not an arbitrator or arbitration administer) may resolve that dispute, and the arbitration shall be stayed pending the court’s ruling.
The arbitration demand must include (1) the name, telephone number, mailing address, username and e-mail address of the party seeking arbitration; (2) a statement of the legal claims being asserted and the factual bases of those claims; (3) a description of the remedy sought and an accurate, good-faith calculation of the amount in controversy, enumerated in United States Dollars (any request for injunctive relief or attorneys’ fees shall not count toward the calculation of the amount in controversy unless such injunctive relief seeks the payment of money); and (4) the signature of the party seeking arbitration. Counsel for any party bringing an arbitration demand must also provide a certification that, to the best of counsel’s knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, (1) the demand for arbitration is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of dispute resolution; (2) the claims and other legal contentions are warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or for establishing new law; and (3) the factual contentions have evidentiary support, or if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery.
This arbitration agreement is subject to the Federal Arbitration Act and is enforceable pursuant to its terms on a self-executing basis. The parties agree that these Terms of Service evidence transactions involving interstate commerce. If for whatever reason the rules and procedures of the FAA cannot apply, the state law governing arbitration agreements in the state in which you reside shall apply.
The arbitrator (and not a court) shall determine any and all challenges to the arbitrability of a claim, including disputes about the scope, applicability, enforceability, revocability, or validity of this arbitration agreement. However, all disputes related to the enforceability and applicability of the class action waiver (see below) shall be resolved by a court and not an arbitrator. In the event that the arbitration agreement is found not to apply to you or to a particular Dispute, either as a result of your decision to opt out of the agreement to arbitrate, or as a result of a decision by the arbitrator or a court order, you and Lavender agree that that Dispute must be resolved exclusively by a state or federal court located in Los Angeles County, California. The parties agree that all related Disputes that can be arbitrated shall be arbitrated first, and any non-arbitrable Disputes shall be stayed until the completion of the arbitration.
Unless either party or the arbitrator requests a hearing, the parties will submit their arguments and evidence to the arbitrator in writing. The arbitrator will make an award based only on the documents. This is called a Desk Arbitration. If any party makes a written request for a hearing within ten days after ADR Services acknowledges receipt of a claimant’s demand for arbitration (or the arbitrator requests a hearing), the parties shall participate in a telephone or video hearing. In no event shall the parties be required to travel to Los Angeles to participate in the arbitration. The arbitrator is authorized to hear motions for summary disposition. Notwithstanding any provision in the ADR Services’ rules to the contrary, and with the exception of Desk Arbitrations, the Federal Rules of Evidence shall govern the admissibility of evidence in any arbitral proceeding.
The parties agree that all of the arbitration proceedings, including any discovery, hearings, and rulings, shall be confidential to the fullest extent permitted by law.
The award shall be binding only among the parties and shall have no preclusive effect in any other arbitration or other proceeding involving a different party. The arbitrator shall follow the applicable law. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have.
If at any time the arbitrator or arbitration administrator fails to enforce the terms of this arbitration agreement, either party may seek to enjoin the arbitration proceeding in a court of competent jurisdiction, and the arbitration shall automatically be stayed pending the outcome of that proceeding.
The arbitral award shall be judicially enforceable. Any court of competent jurisdiction may, and upon request shall, enter judgment on the arbitral award. Either party may seek confirmation (judgment on the award) and/or enforcement in any court of competent jurisdiction. However, in any award issued in an arbitration conducted in accordance with this arbitration agreement, the arbitrator shall specify a reasonable time within which the final award shall be satisfied, and no party may seek to confirm the award until the time specified for satisfaction has expired. If the final award is satisfied during the specified time, no party shall seek to confirm the award.
Arbitration Fees and Costs.
The fees that shall apply to arbitrations administered by ADR Services are set forth on ADR Services’ website, available at https://www.adrservices.com/rate-fee-schedule/. Specifically, the fees set forth in ADR Services’ Mass Employment Arbitration Fee Schedule shall apply when twenty (20) or more arbitration claims are filed which: (1) involve the same or similar parties; (2) are based on the same or similar claims which arise from the same or substantially identical transactions, incidents, or events requiring the determination of the same or substantially identical questions of law or fact; and (3) involve the same or coordinated counsel for the parties. In all other circumstances, the fees set forth in ADR Services’ General Fee Schedule shall apply, except that Lavender will pay the portion of the initial case opening fees (if any) that exceeds the filing fee to file the case in a court of competent jurisdiction embracing the location of the arbitration. If the arbitrator finds that you cannot afford to pay ADR Services’ filing, administrative, hearing and/or other fees and cannot obtain a waiver of fees from ADR Services, Lavender will pay them for you.
Unless otherwise prohibited by law or the rules governing the arbitration, all disputes relating to or arising out of the payment of arbitration fees shall be decided only by a court of competent jurisdiction and not by an arbitrator or administrator, and the arbitration shall be stayed pending the resolution of such disputes by a court. Both parties agree not to oppose or interfere with any negotiations or agreements between the other party and the arbitration administrator, or individual arbitrator, relating to a party’s portion of the fees. The arbitrator, however, may disallow any private agreement between an administrator, on the one hand, and the negotiating party, on the other hand, if the arbitrator believes that the private agreement undermines his or her neutrality as arbitrator.
If a party timely serves an offer of judgment under Federal Rule of Civil Procedure 68, and the judgment that the other party finally obtains is not more favorable than the unaccepted offer, then the other party shall pay the costs, including filing fees, incurred after the offer was made. Further, any finding by an arbitrator that a claim or counterclaim was filed for purposes of harassment or is frivolous under the standards set out in Federal Rule of Civil Procedure 11 shall entitle the other party to recover their attorneys’ fees, costs, and expenses.
Class Action Waiver (herein the “class action waiver”).
Both you and Lavender waive the right to bring any Dispute as a class, consolidated, representative, collective, or private attorney general action, or to participate in a class, consolidated, representative, collective, or private attorney general action regarding any such claim brought by anyone else. Nor shall the arbitrator have the authority or any jurisdiction to hear an arbitration as a class, consolidated, representative, or private attorney general action or to consolidate, join, or otherwise combine the claims of different persons into one proceeding. Consistent with their commitment to arbitrate all Disputes on an individualized basis, the parties also waive the right to bring any claims for public injunctive relief. To the extent applicable law prevents the parties from waiving a claim for public injunctive relief, all claims for public injunctive relief shall be heard by the arbitrator. Nothing in these Terms of Service prevent any party from participating in a settlement of a class, consolidated, representative, collective, or private attorney general action.
Except as otherwise provided herein, if any portion of this arbitration agreement is found to be unenforceable or unlawful for any reason, (1) the unenforceable or unlawful provision will be severed from this arbitration agreement, (2) the remainder of the arbitration agreement will be given full force and effect, and (3) severance of the unenforceable or unlawful provision will have no impact on the remainder of the arbitration agreement or the parties’ ability to compel arbitration of any remaining claims on an individual basis. In the event that a claim, cause of action or requested remedy is severed pursuant to this paragraph, then you and Lavender agree that the claims, causes of action or requested remedies that are not subject to arbitration will be stayed until all arbitrable claims, causes of action and requested remedies are resolved by the arbitrator. If there is a final determination that applicable law precludes enforcement of the class action waiver as to any claim, cause of action or requested remedy, then that claim, cause of action or requested remedy will be severed and may be brought in a court of competent jurisdiction, but the waiver contained in this paragraph shall be enforced in arbitration on an individual basis as to all other claims, causes of action or requested remedies to the fullest extent possible.
OPTING-OUT OF DISPUTE RESOLUTION PROCEDURE AND CLASS ACTION WAIVER
You may elect to opt out (exclude yourself) from the final, binding arbitration procedure and the class action waiver specified in these Terms of Service by doing the following: within 15 days of setting up your Account, you must send a letter to Lavender, LLC., c/o Legal Department, 800 Apollo Street, El Segundo, California 90245 that specifies (1) your name, (2) your account number or account member name, (3) your mailing address, and (4) your request to be excluded from the final, binding arbitration procedure and class action waiver specified in these Terms of Service. Each opt-out notice may opt out only one person; opt-out notices that attempt to opt out multiple people at the same time will be ineffective.
If you opt out of this arbitration agreement, all other terms shall continue to apply to your Account, including the requirement to participate in pre-dispute mediation. Opting out of this arbitration agreement has no effect on any previous, other, or future arbitration agreements that you may have with us. Notwithstanding any provision in these Terms of Service to the contrary, we agree that, if Lavender makes any future change to the dispute resolution procedure and class action waiver provisions (other than a change to Lavender’s address), you may reject any such change by sending a letter to Lavender within 15 days of the change to the address provided above. By rejecting any future change, you are agreeing that you will arbitrate any Dispute between us in accordance with the language of this provision. Your letter must be postmarked by the applicable 15-day deadline to be effective. You are not required to send the letter by confirmed mail or return receipt requested, but it is recommended that you do so. Your request to be excluded will only be effective and enforceable if you can prove that the request was postmarked within the applicable 15-day deadline.
NOTICE FOR CALIFORNIA USERS
Under California Civil Code sections 1798.83-1798.84, California residents are entitled to ask us for a notice describing what categories of personal customer information Lavender shares with third parties or corporate affiliates for those third parties or corporate affiliates' direct marketing purposes. That notice will identify the categories of information shared and will include a list of the third parties and affiliates with which it was shared, along with their names and addresses. If you are a California resident and would like a copy of this notice, please submit a written request to the following address: Lavender, LLC, Attn: General Counsel, 800 Apollo Street, El Segundo, CA, 90245. In your request, please specify that you want a "Your Lavender California Privacy Rights Notice." Please allow 30 days for a response.
These Terms of Service constitute the entire agreement between you and Lavender and govern your use of the Services, and they supersede any prior agreements between you and Lavender. You also may be subject to additional terms and conditions that are applicable to certain parts of the Services. Lavender may terminate this agreement and deny you access to the Services at any time, immediately and without notice, if in Lavender's sole discretion you fail to comply with any provision of these Terms of Service.
You agree that no joint venture, partnership, employment, or agency relationship exists between Lavender and you as a result of this agreement or your use of the Services.
The failure of Lavender to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. The invalidity of any term, condition or provision in these Terms of Service shall be deemed severable and shall not affect the enforceability of those portions of the terms deemed enforceable by applicable courts of law.
You may not assign the Terms of Service or any of your rights or obligations under the Terms of Service without Lavender's express written consent. The Terms of Service inure to the benefit of Lavender's successors, assigns and licensees. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect.
Updated: February 6, 2023