Telephone/Messaging Terms & Conditions
UNDER THESE TERMS & CONDITIONS YOU ARE AGREEING TO BINDING ARBITRATION AND A CLASS ACTION WAIVER. THEY AFFECT YOUR LEGAL RIGHTS. PLEASE READ THEM.
These Telephone/Messaging Terms & Conditions (“Terms & Conditions”) govern all communications to or from Bath & Body Works Brand Management, Inc., Bath & Body Works LLC, and Bath & Body Works Direct, Inc and its subsidiaries, affiliates, parents, and entities with which it is affiliated, including its retail brands such as Bath & Body Works and White Barn and their respective representatives, agents, successors, assigns, employees, officers and directors (referred to as “Bath & Body Works,” “BBW,” “White Barn,” the “BBW Parties” “we”, “us” or “our”), including without limitation communications made through the use of short messaging service (“SMS”), multimedia messaging service (“MMS”), or successor protocols or technologies (collectively, “text messages”), and telephone communications of any kind (text messages and telephone communications of any kind are collectively referred to as “communications”), and constitute an agreement between you and us.
AGREEMENT DETAILS & NOTICES
Your Consent to Receive Automated Communications
You acknowledge that by voluntarily providing your telephone number(s) in conjunction with an account or transaction or by opting in to a BBW-sponsored text messaging program (“Program(s)”), you expressly agree to receive artificial voice messages, prerecorded voice messages, and/or autodialed communications from us related to a variety of purposes, including, without limitation, offers, promotions, shopping appointments, your accounts with us, any transaction, delivery or order notifications, and/or your relationship with us. You acknowledge that automated communications may be made to your telephone number(s) even if your telephone number(s) is registered on any state or federal Do Not Call list. You agree that we may obtain, and you expressly agree to be contacted at, any email addresses, mailing addresses, or phone numbers provided by you or your representative at any time or obtained through other lawful means, such as skip tracing, caller ID capture, or other means. You agree to receive automated communications from us, even if you cancel your account or terminate your relationship with us, except if you expressly change your consent or opt out status (see below). You understand that you do not have to agree to receive automated promotional communications as a condition of purchasing any goods or services.
Providing Telephone Numbers and Other Contact Information
You verify that any contact information provided to us, including, but not limited to, your name, mailing address, email address, your residential or business telephone number, and/or your mobile telephone number, is true and accurate. You verify that you are the current subscriber or owner of any telephone number that you provide. You are strictly prohibited from providing a phone number that is not your own. If we discover that any information provided in connection with your registration is false or inaccurate, we may suspend or terminate your participation in relevant Programs. Should any of your contact information change, including ownership of your telephone numbers, you agree to immediately notify us before the change goes into effect by texting STOP to any text message that you have received from us, or opting out by following the instructions described in the “Changes to Consent” section below.
Changes to Consent
If you do not consent to receiving automated communications, or at any time you wish to revoke your consent to be contacted at a particular number, you may contact us through one of the contact methods identified at https://customercare.bathandbodyworks.com/app/home. To opt out of a specified text message Program, please see the Text Message Opt-Out Instructions below.
It is your sole responsibility to notify us if you no longer want to receive automated communications. You waive any rights to bring claims for unauthorized or undesired communications by failing to opt out immediately or by failing to follow these instructions.
Please allow up to thirty (30) days to process any opt-out request. Please note that if you opt out of automated communications, we reserve the right to make non-automated communications to you for transactional, informational and/or operational purposes. It is possible that third parties may have your contact information and you may continue to receive communications from these third parties despite an opt-out request. We are not responsible for unwanted contact from third parties. Please contact third parties directly to inform them of your communication preferences.
Text Message Opt-Out Instructions
Your consent to receive automated text messages is completely voluntary. You may opt out at any time. To opt out of text messages, follow the instructions in each Program for opting out; text STOP to any text message you receive from us; or contact our Customer Care team through one of the contact methods identified at https://customercare.bathandbodyworks.com/app/home and specify the Program(s) for which you want to opt out of text messages. In some cases, you may also reply HELP to a text message for help. You acknowledge and agree to accept text messages confirming your opt-out. We have different text message Programs and may use different shortcodes for different messaging purposes. Thus, texting STOP to one shortcode or opting out of one text message Program will not effectuate a stop request for all shortcodes or text message Programs to which you are subscribed.
Fees and Charges
There is no fee to receive automated communications from us. However, you may incur a charge for these communications from your telephone carrier, which is your sole responsibility. Message and data rates may apply. Check your telephone plan and contact your carrier for details. You represent and warrant that you are authorized to incur such charges and acknowledge that we are not responsible for such charges.
Unauthorized Use of Your Telephone Device
You must notify us immediately of any breach of security or unauthorized use of your telephone device. Although we will not be liable for losses caused by any unauthorized use of your telephone device, you may be liable for our losses due to such unauthorized use.
Call Recording and Monitoring
You acknowledge that telephone communications to or from us may be monitored and recorded and you agree to such monitoring and recording.
Your Indemnification to Us
You agree to indemnify us for any claims under the Federal Telephone Consumer Protection Act, or its state law equivalent, relating to your voluntary provision of a telephone number that is not owned by you and/or your failure to notify us of any changes in your contact information, including telephone number. You agree to indemnify, defend and hold us harmless from and against any and all such claims, losses, liability, costs and expenses (including reasonable attorneys’ fees). We shall have the exclusive right to choose counsel, at your expense, to defend any such claims.
Release of Claims
By agreeing to receive communications from us, you agree to release us from any and all claims, causes of action, lawsuits, injuries, damages, losses, liabilities or other harms based on any alleged violations of the Telephone Consumer Protection Act, Truth in Caller ID Act, Telemarketing Sales Rule, Fair Debt Collection Practices Act, and/or any similar state and local acts or statutes.
You are responsible for obtaining and maintaining all telephone devices and other equipment and software, and all internet service provider, mobile service, and other services needed to receive communications, including, without limitation, telephone communications and text messages. Text messaging may only be available with select carriers with compatible handsets. Your obligations under this Section will survive termination of these Terms & Conditions.
First Step: Informal Dispute Resolution: If any dispute, claim, cause of action, or complaint, arises out of, concerns or regards the delivery or functionality of communications from us, these Terms & Conditions, or any Program (individually a “Dispute,” and collectively “Disputes”), then notice must be provided as specified here. This dispute resolution procedure does not apply to the substance of any offer or promotion or to product purchases. You and the BBW Parties agree to send a written notice to the other promptly or no later than when the notifying party reasonably should have known or should have become aware of the Dispute (i.e., when the “Dispute Arises”) and at latest within the Limited Time to File Claims as specified below. This written notice will provide a reasonable description of the Dispute, along with a proposed resolution of it. Notice from the BBW Parties to you will be sent to you based on the most recent contact information that you provide to us, but if no such information exists or if such information is not current (including if you have opted out of communications), then we have no obligation to send you such notice under this section (the “Dispute Resolution Section”). Your notice to us must be sent to: L Brands, Inc., 3 Limited Parkway, Columbus OH 43230 (ATTN: Legal Department). For a period of sixty (60) days from the date of receipt of notice from the other party, the BBW Parties and you will engage in a dialogue in order to attempt to resolve the Dispute, though nothing will require either you or the BBW Parties to resolve the Dispute on terms with respect to which you and the BBW Parties are not comfortable.
Binding Arbitration: ANY DISPUTE AS DESCRIBED ABOVE THAT CANNOT FIRST BE RESOLVED THROUGH INFORMAL METHODS AS DESCRIBED ABOVE WILL BE SUBMITTED TO BINDING ARBITRATION UNDER THE COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION (AAA) then in effect (the “Rules”), except as modified herein. The arbitration will be administered by the AAA. Claims or disputes that fall within the scope of the small claims court’s limited jurisdiction may, however, be submitted to such court. BY AGREEING TO ARBITRATE, EACH PARTY IS GIVING UP ITS RIGHT TO GO TO COURT AND HAVE ANY DISPUTE HEARD BY A JUDGE OR JURY. If an in-person arbitration hearing is required, then it will be conducted at a location which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, the determination should be made by an independent arbitrator. You and the BBW Parties will pay the administrative and arbitrator’s fees and other costs in accordance with the applicable arbitration rules; but if the applicable arbitration rules or laws require us to pay a greater portion or all of such fees and costs in order for this arbitration provision to be enforceable, then we will have the right to elect to pay the fees and costs and proceed to arbitration. The arbitrator will apply and be bound by these Terms & Conditions, and will determine any Dispute according to applicable law and facts based upon the record and no other basis. After the hearing, the arbitrator(s) will decide the Dispute and render a written decision setting forth the issues adjudicated, the resolution thereof and the reasons for the award. Any decision rendered in such arbitration proceedings will be final and binding on the parties, and judgment may be entered thereon in any court of competent jurisdiction. The Federal Arbitration Act (“FAA”) will apply to the Dispute and will govern whether the Dispute is subject to arbitration, including the “No Class Action Matters” section below. You can obtain AAA procedures, rules and fee information as follows: AAA: 800.778.7879, http://www.ADR.org.
Federal and State Courts in Franklin County, Ohio: Except where arbitration is required above or with respect to the enforcement of any arbitration decision or award, or any small claims action, ANY ACTION OR PROCEEDING ARISING HEREUNDER MAY ONLY BE INSTITUTED IN A STATE OR FEDERAL COURT LOCATED IN FRANKLIN COUNTY, OHIO. ACCORDINGLY, YOU AND THE BBW PARTIES CONSENT TO THE EXCLUSIVE PERSONAL JURISDICTION AND VENUE OF SUCH COURTS FOR SUCH MATTERS.
“No Class Action Matters”: YOU AND THE BBW PARTIES AGREE THAT EACH MAY BRING CLAIMS REGARDING DISPUTES HEREUNDER AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING OR AS AN ASSOCIATION. Disputes hereunder will be arbitrated only on an individual basis and will not be joined or consolidated with any other arbitrations or other proceedings that involve any claim or controversy of any other party. There will be no right or authority for any Dispute to be arbitrated on a class-action basis or on any basis involving Disputes brought in a purported representative capacity on behalf of the general public, or other persons or entities similarly situated. But if, for any reason, any court with competent jurisdiction holds that this restriction regarding arbitration on a class-action basis is unconscionable or unenforceable, then THE DISPUTE MUST BE BROUGHT EXCLUSIVELY IN A STATE OR FEDERAL COURT LOCATED IN FRANKLIN COUNTY, OHIO AS SET FORTH ABOVE. NOTWITHSTANDING ANY OTHER PROVISION OF THIS DISPUTE RESOLUTION SECTION, ANY AND ALL ISSUES RELATING TO THE SCOPE, INTERPRETATION AND ENFORCEABILITY OF THE CLASS ACTION WAIVER PROVISIONS CONTAINED HEREIN (DESCRIBED IN THIS “NO CLASS ACTION MATTERS” SECTION), ARE TO BE DECIDED ONLY BY A FEDERAL OR STATE COURT LOCATED IN FRANKLIN COUNTY, OHIO, AND NOT BY THE ARBITRATOR. THE ARBITRATOR DOES NOT HAVE THE POWER TO VARY THESE CLASS ACTION WAIVER PROVISIONS.
Limited Time to File Claims: If you or the BBW Parties want to assert a Dispute against the other, then you or the BBW Parties must commence it within the applicable statute of limitations from when the Dispute Arises, or it will be forever barred. “Commence” means, as applicable, (a) by delivery of written notice as set forth above in the First Step of this Dispute Resolution Section, (b) filing for arbitration with the AAA as set forth in Binding Arbitration of this Dispute Resolution Section, or (c) filing an action in State or Federal court.
Severability. If any provision of these Terms & Conditions is held in an arbitration proceeding or by any court or administrative body of competent jurisdiction to be illegal, invalid or unenforceable, the legality, validity and enforceability of the remainder of the Terms & Conditions will not be affected. If such provision would cease to be illegal, invalid or unenforceable if some part of that provision were modified or deleted, the provision in question will apply with the least such modification or deletion as may be necessary to make the provision legal, valid and enforceable.
TERMS & CONDITIONS: DATE WHEN CHANGES ARE EFFECTIVE, AND REVISION
These Terms & Conditions may change at any time. We will post the revision date with the revised Terms & Conditions. The revised Terms & Conditions will apply to you for any communications you receive after the revision date. So please check back from time to time. Remember, you may always opt out of or unsubscribe from communications by following the instructions in the “Changes to Consent” or “Text Message Opt-Out Instructions” sections above.
These Terms & Conditions were last revised on July 31, 2020.