LEGAL TERMS

Effective as of February 20, 2025

These Terms of Use (hereinafter referred to as the “Terms”) apply to the web located at bimbaylola.com (“the Site”), the BIMBA Y LOLA PUERTO RICO, CORP. (“BIMBA Y LOLA”) mobile application, and any other website, media channels or mobile applications associated with BIMBA Y LOLA and its subsidiaries and affiliates (collectively referred as “BIMBA Y LOLA”, “we”, “us” or “our”).

PLEASE REVIEW THESE TERMS CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION THAT COULD IMPACT YOUR LEGAL RIGHTS. YOUR ACCESS TO AND USE OF THIS SITE ARE GOVERNED BY THESE TERMS. THROUGHOUT THESE TERMS, REFERENCES TO "USING" OR "USE" OF THE SITE INCLUDE ACCESSING, VISITING, OR INTERACTING WITH IT IN ANY MANNER. BY USING THE SITE, YOU AGREE TO FOLLOOW BY THESE RULES AND BE BOUND BY THEM. IF YOU DO NOT AGREE TO ANY PART OF THESE TERMS, PLEASE REFRAIN FROM USING THE SITE.

PLEASE REVIEW SECTION 36 CAREFULLY, AS IT CONTAINS A BINDING ARBITRATION AGREEMENT.

These Terms may be amended at any time, so we recommend reviewing them before each order. Supplementary terms or documents posted on the Site periodically are explicitly incorporated into these Terms by reference. We reserve the sole discretion to modify these Terms at any time and for any reason. We will notify you of any changes by updating the “Last Updated” date of these Terms. Unless advance notice is required by law, you waive any right to receive specific notice of each change. It is your responsibility to check these Terms periodically for updates. By continuing to use the Site or placing an order after revised Terms are posted, you agree to and acknowledge the changes in the updated Conditions.

All products offered on the Site are sold directly by BIMBA Y LOLA, with registered address at: 954 Ponce de Leon Ave, Miramar Plaza Suite 806, San Juan, PR, 00907.

CONTACT: All inquiries should be directed to: eshop@bimbaylola.com.

We care about data privacy and security. Please refer to our Privacy Policy for comprehensive details on the collection, use, sharing and protection of your information. Additionally, we maintain certain data that you transmit to the Site to manage its performance and record your usage. While we conduct regular backups of data, you are solely responsible for all data you transmit or associate with your activities on the Site. By using the Site, you agree that we bear no liability for any loss or corruption of such data, and you waive any claims against us arising from such incidents. Moreover, we do not knowingly collect, request, or market information from children. Therefore, in compliance with the U.S. Children’s Online Privacy Protection Act, if we become aware that a person under 18 has provided personal information to us without verifiable parental consent, we will promptly delete that information from the Site.

Your access to and use of the Site is conditioned on your acceptance of and compliance with these Terms. By accessing or using this Site, you agree that you have read, understood, and agree to be bound by these Terms so we recommend that you read these Terms carefully. If you disagree with any part of the Terms, then you should discontinue access or use of the Site.

Unless otherwise noted, the Site and all features and materials on the Site, including source codes, databases, text, images, illustrations, designs, icons, photographs, video clips and other content, and the copyrights, trademarks, service marks, logos and/or other intellectual property in such materials (collectively, the “Contents”), are owned, controlled, or licensed by BIMBA Y LOLA and/or its subsidiaries and are protected by Intellectual Property and unfair competition regulations in the United States, European Union and other foreign jurisdictions, as well as International Conventions.

Except as otherwise provided on the Site or in these Terms, you may not use, download, upload, copy, print, display, perform, reproduce, publish, modify, delete, add to, license, post, transmit or distribute any contents from this Site in whole or in part, for any public or commercial purpose without the specific prior written permission of BIMBA Y LOLA.

The Content and the Marks are provided on the Site “AS IS” for your information and personal use only.

We grant you a personal, limited, nonexclusive, nontransferable license to access the Site and to use the information and services contained here solely for your personal, noncommercial use, such as, to purchase the BIMBA Y LOLA products, and to download or print a copy of any portion of the Contents to which you have properly gained access.

Any alteration to the content or structure of this Site is strictly prohibited.

BIMBA Y LOLA reserves the right to take any pertinent legal actions against users who violate or infringe the intellectual and/or industrial property rights.

Should you detect any suspicious activity that violates any intellectual or industrial property rights or any other rights, we would ask that you notify us via our contact form.

We respect the intellectual property rights of others. If you believe that your copyright, trademark or other property rights have been infringed by any content posted on this site, or if you are acting on behalf of someone who holds such rights, please promptly notify to our Designated Agent (as identified below) immediately. For your notification to be effective, it must include:

A. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

B. Identification of the copyrighted work claimed to have been infringed;

C. Sufficient information to allow us to contact the complaining party, including address, telephone number and, if available, an email address;

D. Identification of the material claimed to be infringing or to be subject to infringing activity and that is to be removed, and sufficient information for us to locate the materials;

E. A statement affirming that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, agent, or the law; and

F. A statement affirming that the information provided in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Pursuant to the Digital Millennium Copyright Act, 17 U.S.C. Sec. 512(c), our Designated Agent to receive notifications of alleged copyright infringement can be contacted as indicated below. Access to the site will be terminated for repeat infringers of copyright or of users against whom repeated claims of copyright infringement are made. The Designated Agent for Claimed Infringement shall be BIMBA Y LOLA Legal Department, reachable at legal@bimbaylola.com.

ALL CLAIMS MUST BE SUBMITTED IN WRITING AND MAY NOT BE MADE BY TELEPHONE.

BIMBA Y LOLA reserves the right to block electronic links that redirect to this Site without express authorization in advance. Our Site may contain links to Third-Party materials, Sites or Services that are not owned or controlled by BIMBA Y LOLA. BIMBA Y LOLA has no responsibility for the linked websites nor does linking constitute an endorsement of any linked website. If you use the links, you will leave the Sites and your activities may be governed by other terms and conditions and privacy practices. Links are provided solely for your convenience and information. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Site or relating to any applications you use or install from the Site. Any purchases you make through Third-Party websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party websites and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party content or any contact with Third-Party websites.

These Terms have been designed to establish a legally binding agreement between you and us, safeguarding your rights as a customer while outlining our rights as a business.

These terms govern the offer, purchase, acceptance, and delivery of BIMBA Y LOLA products between you and us. BIMBA Y LOLA offers its products exclusively to individual end-user consumers who purchase goods without any intention of resale. The products offered on this Site are not intended for purchase by businesses or organizations.

BIMBA Y LOLA reserves the right to decline orders placed by entities that are not consumer customers. Moreover, BIMBA Y LOLA reserves the right to refuse to fulfill orders placed by individuals who do not adhere to these Terms of Use.

These Terms of Use will remain in effect as long as you are using the Site. Without limiting any other provision in these terms and conditions, we reserve the right, at our sole discretion and without notice or liability, to deny access to and use of the Site (including blocking certain IP addresses) to any individual for any reason, including but not limited to breach of any representation, warranty, or covenant in these terms or any applicable law or regulation. We may terminate your use or participation in the Site, delete your account, and remove any content or information you posted at any time, without prior notice, at our sole discretion.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account using your name, a fake name, or the name of any third party, even if you are acting on behalf of the third party. In addition to account termination or suspension, we reserve the right to take appropriate legal action, including pursuing civil, criminal, and injunctive remedies.

Becoming a registered user enables you access to browse restricted areas of the Site, use login-required services, and purchase any BIMBA Y LOLA products available. Without prejudice to the above, you can also acquire any BIMBA Y LOLA products that may be offered on the website as a guest.

Registration and/or the purchase of BIMBA Y LOLA products is available to individuals aged 18 or older who have the legal capacity to enter into the contract governed by these Terms. By registering and/or purchasing BIMBA Y LOLA products, you are required to review and expressly agree to these Terms. You will have the opportunity to save a copy of these Terms for your records.

Your username and password, which serve as your identification and access to our Site, are strictly confidential and personal. You are responsible for maintaining their confidentiality and liable for all activities conducted under your account and password. We may not be aware of unauthorized use of your account or compromised account/payment details unless reported. Please notify us immediately if you suspect any security breach or unauthorized access.

We reserve the right to block access to your account if security concerns arise, such as repeated incorrect login attempts. Additionally, we may remove, suspend or modify any username that we deem inappropriate, obscene, or objectionable in our sole discretion.

You must not introduce any viruses, malicious content, or attempt unauthorized access to our Site or associated servers, computers, or databases. Any such actions may constitute criminal offenses, which we will report to the relevant authorities and fully cooperate in preventing.

Providing untrue, inaccurate, outdated, or incomplete information gives us the right to suspend or terminate your account and deny current or future access to the Site (or any part thereof).

In order to use our Site and to purchase products from it, you must comply with these Terms. In addition, you must:

- You must be at least 18 years old.

- Provide BIMBA Y LOLA with complete and accurate personal information to enable us to easily identify you and timely delivery of products. Failure to provide all the requested information may result in the inability to process your order. BIMBA Y LOLA will not be liable for any delays or failures in order delivery due to inaccurate or outdated data provided by you.

- Not place fraudulent, false or speculative orders. BIMBA Y LOLA reserves the right to cancel any order and/or notify the appropriate authorities if we have reason to suspect such activity.

- Take the appropriate security measures to safeguard the confidentiality of your username and password, as well as notify BIMBA Y LOLA immediately in the event of loss, misplacement, theft, robbery, or unauthorized access to your username or password, or disclosure of it to third parties.

- Use the services on this Site responsibly, and in accordance with applicable laws.

- Refrain from conducting any activity that hinders or interferes with the functionality of the services provided on the Site, including accessing the Site using automated or non-human methods, such as a bot, script or otherwise. Additionally, refrain from using the Site for any unlawful or unauthorized purpose.

- Pay for any BIMBA Y LOLA products purchased through the Site, as well as any shipping and handling charges that may apply, in full.

You are restricted from accessing or using the Site for purposes other than those for which it is intended by us. The Site may not be utilized for any commercial activities unless explicitly endorsed or approved by us.

As a user of the Site, you agree not to:

i. Share login details to allow multiple users to access the Site with one account.
ii. Sell or otherwise transfer your profile to another person or entity.
iii. Use a buying agent or purchasing agent to make purchases on the Site.
iv. Use the Site to advertise or offer goods or services for sale.
v. Use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavor or commercial enterprise.
vi. Attempt to impersonate another user or person or using another user's username.
vii. Deceive, defraud, or mislead us or other users, especially in any attempt to gain sensitive account information, such as user passwords.
viii. Engage in unauthorized framing of or linking to the Site.
ix. Misuse our support services or submit false reports of abuse or misconduct.
x. Use any information obtained from the Site to harass, abuse, intimidate, threaten or harm another person.
xi. Delete the copyright or other proprietary rights notice from any Content.
xii. Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that: (a) prevent or restrict the use or copying of any Content; (b) enforce limitations on the use of the Site and/or the Content contained therein; or (c) prevent or restrict access to any portion of the Site.
xiii. Copy, adapt, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.
xiv. Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
xv. Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
xvi. Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
xvii. Interfere with or disrupting the Site or its connected networks or services.
xviii. Upload or transmit, or attempt to, viruses, Trojan horses, or other material, including excessive use of capital letters and spamming that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site.
xix. Upload or transmit, or attempt to, any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
xx. Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software.
xxi. Disparage, tarnish, or otherwise harm our Site in any as determined by us.
xxii. Use the Site in violation of applicable laws or regulations.

By providing us with any questions, comments, suggestions, ideas, or feedback regarding the Site ("Submissions"), you acknowledge and agree that these Submissions are non-confidential and will become our exclusive property. We will possess all rights, including intellectual property rights, and may freely use and distribute these Submissions for any lawful purpose, whether commercial or otherwise, without acknowledging or compensating you. You waive all moral rights to these Submissions and warrant that they are original to you or that you have the right to submit them. You agree not to hold us liable for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.

For any inquiries about these Terms, please contact eshop@bimbaylola.com.

This Site offers interactive services such as chatbot and managed chat. By using these tools, you agree that we may transcribe or record and retain a transcript of all communications with you through these interactive features. Additionally, we may record or capture your interactions on the Site to provide services, improve your Website experience, and for quality assurance and verification purposes. We may collaborate with trusted service providers to analyze, store, and utilize this data on our behalf. Your access to and use of these tools and our Website are governed by these Terms, and our Privacy Policy.

If you access the Site through a mobile application, you are granted a revocable, non-exclusive, non-transferable, limited license to install and use the mobile application on wireless electronic devices owned or controlled by you. You may access and use the mobile application on such devices strictly in accordance with the terms and conditions of this mobile application license outlined in these Terms. You shall not: (1) decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the application; (2) make any modifications, adaptations, improvements, enhancements, translations, or derivative work from the application; (3) violate any applicable laws, rules, or regulations in connection with your access or use of the application; (4) remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by us or the licensors of the application; (5) use the application for any revenue-generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended; (6) make the application available over a network or other environment permitting access or use by multiple devices or users at the same time; (7) use the application to create a product, service, or software that is, that competes directly or indirectly with the application; (8) use the application to send automated queries to any website or to send any unsolicited commercial e-mail; or (9) use any proprietary information, interfaces or other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the application.

When using a mobile application obtained from either the Apple Store or Google Play (each an "App Distributor") to access the Site, the following terms apply: (1) the license granted for our mobile application is non-transferable and limited to use on a device running Apple iOS or Android operating systems (each and app distributor), in accordance with the usage rules specified in the App Distributor's terms of service; (2) we are responsible for providing any necessary maintenance and support services for the mobile application, as outlined in the Terms of this mobile application license within these Terms, or as required by applicable Law. Each App Distributor has no obligation whatsoever to provide any maintenance and support services for the mobile application; (3) in the event of any failure of the mobile application to meet any applicable warranty, you may notify the relevant App Distributor; (4) you represent and warrant that (i) you are not located in a country that is subject to a U.S. government embargo, or designated by the U.S. government as a “terrorist supporting” country and (ii) you are not listed on any U.S. government list of prohibited or restricted parties; (5) you must adhere to applicable third-party terms of agreement when using the mobile application, e.g., if you have a VoIP application, then you must not be in violation of their wireless data service agreement when using the mobile application; and (6) you acknowledge and agree that the App Distributors are third-party beneficiaries of the terms and conditions outlined in this mobile application license within these Terms. Each App Distributor has the right (and is deemed to have accepted the right) to enforce the terms and conditions against you as a third-party beneficiary. Apple and Google are not sponsors of any content on the Site.

As a user of this Site, you acknowledge that much of our communication will be electronic, in compliance with applicable regulations. We may contact you by e-mail or provide information through alerts published on this Site. This condition shall not affect your statutory rights. Notifications will be considered to have been received and properly delivered upon being posted on our Site, 24 hours after being sent by e-mail or three days after any letter has been mailed.

BIMBA Y LOLA provides mobile marketing messages for our customers. By opting into BIMBA Y LOLA´s marketing text messaging services, you agree to comply with our online Terms of Use and Privacy Policy

BIMBA Y LOLA provides customers with mobile alerts regarding the tracking and status of your orders through SMS messages. By participating in BIMBA Y LOLA´s customer services text messages, you agree to the Terms outlined in this section, as well as to the overall BIMBA Y LOLA online Terms of Use and Privacy Policy. (Marketing text messages and customer services text messages are hereinafter referred to as the “Service”)

To sign up and participate in the Service, you must provide your mobile phone number and agree to the terms and conditions outlined for the Service (referred to as the "Mobile Service Terms"). Please ensure that you provide your own mobile phone number. Individuals under the age of 18 are not eligible to enroll. To activate the Service, you will need to click the acceptance checkbox to confirm your decision to opt-in to the Service and agree to this Terms, as well as provide your mobile phone number.

After confirming your decision to opt in to the customer services text messages, you will receive alerts for both your online delivery and in-store pickup orders. Examples of notifications you may receive include: i) Shipment confirmation for your items; ii) Notification of item delivery; iii) Reminders to pick up your order.

After confirming your decision to opt in to the marketing text messages, you will receive communications relating to new promotions and available collections, or availability of products.

To unsubscribe from BIMBA Y LOLA's text messages, reply STOP to BIMBA Y LOLA’s marketing text message and/or the customer services text message you have received. You will receive a one-time confirmation text message confirming your opt-out from customer services text messaging and/or marketing text messaging. Afterward, you will no longer receive marketing and/or customer services text messages from BIMBA Y LOLA unless you choose to opt back in. If your order is still pending when you opt out, you will receive emails informing you when items are ready for pickup at the email address you provided during your order.

To request BIMBA Y LOLA support contact information, text HELP to any BIMBA Y LOLA’s text message and you will receive the contact details.

These Terms apply specifically to products purchased on the pages of our Site. Currently, we do not ship products outside the territory of Puerto Rico. Any orders with a delivery address outside of this territory will be declined. For orders with a delivery address outside Puerto Rico, please refer to the terms and conditions of the local BIMBA Y LOLA website.

The content of our Site invites you to purchase products from us. Until we accept your order (even if your account has been charged), no contract exists between you and us.

Once you successfully complete the order process and click “Confirm Order,” you will receive a confirmation e-mail from us. Please note that confirmation does not mean acceptance of your order. We will confirm acceptance of your order by sending you an e-mail informing you that certain products are being delivered (“Delivery Confirmation”). At that point, the contract between you and us be established.

Only the BIMBA Y LOLA products specified in the Delivery Confirmation will be included in this contract. If the Delivery Confirmation only refers to some of the products in your order, the contract for the sale of those specific products will only be established once we confirm their delivery in a separate Delivery Confirmation.

BIMBA Y LOLA reserves the right to decline any order. There may be instances, where we are unable to accept your order, such as products being out of stock, errors in the product description or pricing, you may not have sufficient funds for the value of your order, or unforeseen circumstances beyond our control preventing us from fulfilling your order. If we cannot accept your order, we will notify you and issue a refund for any payments made for undeliverable products.

Once your order is confirmed, you cannot cancel your order. To obtain a refund, you will need to follow the returns process outlined below.

Timescales to Return

You can cancel and return your order within the longer of the following periods:
a) Within thirty (30) calendar days following the date on which the order was made.
b) Within fourteen (14) calendar days following the day on which you, or a third party other than the carrier and indicated by you, acquired the material possession of the items, or, if the items that made up your order were delivered separately, within the 14 calendar days following the day on which you, or a third party other than the carrier and indicated by you, acquired the material possession of the last of these items.

How you can Return

Products can be returned by mail our courier by sending the items to the following address:
BIMBA Y LOLA
The Mall of San Juan - Puerto Rico
L.223, 1000 Mall of San Juan BLVD
00924 SAN JUAN, PUERTO RICO

If you choose to return products to us by mail or courier, you are responsible for covering all direct costs associated with the return, including transportation charges. Please note that we cannot accept returns sent with unpaid postage under any circumstances. We do not assume liability for any loss, delay, or delivery to an incorrect address of products you intend to return to us, except in cases of our negligence. Therefore, we strongly advise sending returns via registered mail with acknowledgment of receipt or through a certified delivery service. It is your responsibility to provide proof that the items were returned to us in compliance with this Returns Policy.

Your Refund

We will issue a full refund for the amount you paid for the products you returned, on the condition that the products are returned within the specified timeframe and in their original condition, including full original packaging, labels, and all related accessories. For items such as lingerie, swimwear, jewelry, and accessories, the safety seal must remain intact for exchanges or returns. Upon receiving the products from you, we will inspect them to ensure that they are in the same condition as when originally sent. We reserve the right to deduct from any refund to recover any decrease in value of the products due to handling. No refund will be offered for returned products that are damaged, incomplete, spoiled, used or soiled after delivery to you or to someone on your behalf. Any such products will be returned to the sender and sent with unpaid postage.

If the returned products do not meet the conditions outlined in this Returns and Exchange Policy, you will not qualify for a refund, and we will return the BIMBA Y LOLA order products to you with unpaid postage.

If you return your entire order to us in accordance with the Returns and Exchange Policy, we will refund you the amount paid for the products and the standard delivery charges. Please note that if you have selected a delivery method other than the least expensive standard delivery, BIMBA Y LOLA will not refund the additional costs incurred in this regard.

If you decide not to return all products from an order containing multiple items, we will refund only the amount for the products returned to us, excluding delivery charges. This is because home delivery charges are fixed per order and do not depend on the number of items in the order. Refunds will be processed promptly and no later than 14 calendar days from the date BIMBA Y LOLA receives the returned items for refund. Any refunds owed to you will be credited back to the same credit or debit card used for the original purchase. If the recipient of BIMBA Y LOLA products is different from the purchaser, any refund will be issued to the original payment method used for the purchase. You may cancel your order by providing us an unequivocal declaration of your decision through our contact form.

Products that you cannot Return

Please be aware that there will be no entitlement to a refund, or the ability to cancel your order, under the following circumstances:

1) Customized Products. Customized Products are defined as those whose features are determined by individual selection or decision by you, or when you have requested the customization of a product’s features or components such as the inclusion or engraving of a person’s initials.

2) For health and hygiene reasons, refunds or order cancellations will not be available for sealed goods like lingerie, swimwear, jewelry, and accessories once the seals have been removed after delivery.