Terms of service

IMPORTANT LEGAL INFORMATION: PLEASE READ THIS ENTIRE AGREEMENT CAREFULLY. IT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE SERVICE AND THE GOODS AND SERVICES AVAILABLE FOR SALE THROUGH THE SERVICE.

THESE TERMS AFFECT YOUR LEGAL RIGHTS AND REQUIRE YOU TO RESOLVE ANY DISPUTES OR CLAIMS YOU HAVE AGAINST US THROUGH BINDING ARBITRATION. BY AGREEING TO THESE TERMS, YOU ALSO WAIVE THE ABILITY TO BRING CLAIMS AGAINST US IN COURT, TO HAVE ANY CLAIM HEARD BY A JUDGE OR JURY, AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN CLASS ACTIONS, CLASS ARBITRATIONS, OR ANY TYPE OF REPRESENTATIVE ACTIONS. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT USE THE SITE.

THESE TERMS ALSO COVER YOUR AGREEMENT TO GRANT US RIGHTS TO YOUR CONTENT (AS DEFINED BELOW), OUR LIMITATION OF LIABILITY TO YOU AND, IF YOU CHOOSE TO PROVIDE US WITH YOUR PHONE NUMBER, YOUR AGREEMENT TO RECEIVE CALLS AND TEXT MESSAGES FROM US IN ACCORDANCE WITH APPLICABLE LAW. 

These Terms of Service (the “Terms” or the “Agreement”) set forth the binding legal agreement between you and Sol de Janeiro USA, Inc. (“Sol de Janeiro”). These Terms govern your use of www.soldejaneiro.com and all the related websites, mobile apps, products, services and programs (including, the release of new tools, resources, features and/or services offered by Sol de Janeiro (collectively, the “Site”).  The Site is operated by Sol de Janeiro, referred to throughout these Terms as “we”, “us” and “our.” Sol de Janeiro offers this Site, including all information, tools and services available from this Site to you conditioned upon your acceptance of these Terms.

Please read these Terms carefully before accessing or using our Site. By accessing the Site, including by viewing or purchasing products from us or any other transactions, communications or dealings with us, you engage in our “Services” and agree to be bound by these Terms including those additional terms and conditions and policies referenced herein and/or available by hyperlink on the Site. These Terms apply to all users of the Site, including without limitation, users who are browsers, vendors, customers, merchants, and/or contributors of content, such as reviews and sweepstakes entries.

You agree to use the Site only for lawful, noncommercial purposes and in compliance with all international, federal, state and local laws. Except as expressly permitted in these Terms, you may not use, reproduce, distribute, reverse engineer, modify, copy, publish, display, transmit, adapt, frame, link, rent, lease, loan, sell, license or in any way exploit for profit the content of the Site. You may not use our Site for any illegal or unauthorized purpose nor may you, in the use of the Services, violate any laws in your jurisdiction (including but not limited to copyright or trademark laws).

If you do not agree to all the terms and conditions of this Agreement, then you should not use the Site or use any Services. If these Terms are considered an offer, acceptance is expressly limited to these Terms.

Any new features or tools that we subsequently add to the Site also shall be subject to these Terms. You can review the most current version of the Terms at any time on this page. We reserve the right to update, change or replace any part of these Terms at any time by posting updates and/or changes on our Site. It is your responsibility to check this page periodically for updates and changes. Your continued use of or access to the Site following the posting of any changes constitutes your acceptance of changes to the Terms.

 The headings used in these Terms are included for convenience only and will not limit or otherwise affect these Terms.

Certain products or services may be available exclusively online through the Site. Some products or services may be offered in limited quantities, for limited duration, at special pricing for a limited period time or may be designated as subject to exceptions to our return or exchange policy. We reserve the right to discontinue any product or service at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension, or discontinuance of the Site or Services or any products. Any offer for any product or service made on this Site is void where prohibited.

We endeavor to display on the Site as accurately as possible the colors and images of our products, but the display on your device may vary from the actual colors of the products. The Products displayed on the Site can be ordered and delivered only within the United States and Canada. See the Shipping Information section of the Site for more information. Merchandise displayed on our Site is available while supplies last. Third-Party Retailers may not offer the full range of our products.

Occasionally, we may offer promotions through emails, mailings, advertisements or social media. Once you sign up and agree to receive promotional materials from Sol de Janeiro, you will receive promotions and offers that may include special promotional codes and offers. Sign up for a SOL Passport account to ensure you receive these offers. By creating an account and joining the SOL Passport Rewards Program to earn points for shopping and engaging with us and our community, you confirm that you have read and agree to the Sol De Janeiro Terms of Service, Privacy Policy and Notice of Financial Incentive.

Please note that excessive abuse or misuse of promotional codes and other promotions may result in our cancellation of orders or items. In order to allow fair redemption and distribution of promotions to our registered account holders, we may restrict redemption to one per person, per household, per email, per IP address or per order for any reason. Promotional codes are limited in nature and may expire or discontinue with or without notice. Promotional codes may not be copied, sold, or otherwise shared. They are not redeemable for cash and are subject to cancellation or modification at any time for any reason.

Orders are subject to verification and acceptance before shipping. All billing information provided must be truthful and accurate. Providing any untruthful or inaccurate information constitutes a breach of these Terms and may result in our cancellation of your order. Prior to accepting an order, we reserve the right to request additional information from you to verify your identity and validate the billing information to process your order.

We reserve the right to refuse or cancel an order for any reason, including limitations on quantities available for purchase, inaccuracies, or errors in product or pricing information, or problems identified by our credit and fraud prevention department. If your order is canceled after your credit card (or other form of payment) has been charged, we will issue a credit to your credit card (or other applicable form of payment) in the amount of the charge. We will contact you if all or any portion of your order is canceled or if additional information is required to accept your order. We may request a pre-authorization for some orders placed online with a credit or debit card. This pre-authorization will not be billed to you; however, your card issuer may hold this amount for a short period. Your card issuer determines the length of time the pre-authorization is held. We do this to ensure that the card details are still valid and that you have sufficient funds to complete the transaction.

You agree to pay for the item(s) in your order and acknowledge that you will be charged at the time your order is placed

The products and Services on the Site are intended for personal, non-commercial purposes only. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors. We reserve the right to refuse to fulfill orders if in our sole discretion we believe any purchases are intended for resale. Sol de Janeiro also reserves the right in its sole discretion to limit the quantity of merchandise purchased per person, per household, per email address, per IP address or per order for any reason. These restrictions may apply to orders placed by the same account, the same credit card, and also to orders that use the same billing, email, IP and/or shipping address. Whenever we determine in our sole discretion that such limits should be applied to an order you have placed, we may attempt to notify you by contacting the email and/or billing address/phone number you provided at the time the order was made.

Sol de Janeiro reserves the right to refuse or cancel any order for any reason, and we will endeavor to contact you if we cancel your order.:

If Sol de Janeiro declines your order, we will notify you at the email address you provided and ask you whether you would like to re-submit your order to purchase the merchandise on the correct terms once the information in the order is validated. If we do not receive a response from you within seven days, Sol de Janeiro may cancel the order.

By placing an order on our Site, you understand and agree that you are authorizing us or our third-party credit card processor or service provider to charge your card or other authorized payment method. For any product or service that you order on the Site, you agree to pay the applicable price (including any sales taxes, shipping and handling fees and surcharges) as of the time you submit the order. Your credit card or other form of payment submitted as part of the order process will be charged for the items you purchased.

You agree to provide current, complete, and accurate purchase and account information for all purchases made on our Site. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates so that we can complete your transactions and contact you as needed.

Some features of the Site and Services may require you to create a customer account that registers you in our SOL Passport Rewards Program. The SOL Passport Rewards Program is our loyalty program that rewards you when you make purchases, post Reviews, engage with us on social media and even on your birthday.

By setting up a customer account in the SOL Passport Rewards Program, you will enjoy a number of benefits.   We will email you with news and offers and send friendly cart reminders for incomplete purchases.  Your status in the SOL Passport Rewards Program changes based on your annual spending with us, and full details are available in your account. You also can manage your subscriptions in your account. When you visit the Site and are signed into your account, we can recognize you and provide a better user experience.

When you create an account, you must confirm that you have read and agree to the Sol de Janeiro Terms of Service, Privacy Policy and Notice of Financial Incentive.

We may provide you with links or buttons to access third-party websites or apps, such as Instagram (“External Apps”). Please note that we neither monitor nor have any control or input over External Apps.

 You acknowledge and agree that we provide access to External Apps “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of External Apps. Any use by you of External Apps offered through the Site is entirely at your own risk and discretion. Use of External Apps is governed by their own terms of use, and you should ensure that you are familiar with and approve of the terms on which External Apps are provided by the relevant third-party provider(s).

In addition to selling Sol de Janeiro merchandise directly to you on our Site, some of our products are available for retail purchase through trusted retailers, both in-store and online (collectively, the “Third-Party Retailers”).

Pricing for merchandise on our Site may differ from prices available through Third-Party Retailers. We are not responsible for the availability of, or the content located on or through, any Third-Party Retailers, and we do not warrant and will not have any liability or responsibility for any third-party materials or Third-Party Retailers, or for any other materials, products, or services of third parties. Nevertheless, if you have any concerns regarding the content provided by such Third-Party Retailers, please contact us at ola@soldejaneiro.com with Third-Party Retailer in the subject field.

 We are not liable for any harm or damages you may incur arising from or related to your purchase or use of goods, services, resources, content, or any other transactions made in connection with any Third-Party Retailers. Please carefully review the policies and practices of the Third-Party Retailers, and make sure you understand them before you engage in any transaction with such Third-Party Retailers.

We welcome your input, and if you submit a review on the Site, you understand that your reviews and comments (collectively, “Reviews”) will be publicly displayed along with your first name and last initial and age range. You agree that your Reviews will be accurate, constructive and not misleading and will not violate any rights of any third party, including copyright, trademark, privacy, personality, or another personal or proprietary right. You further agree that your Reviews will not contain libelous or otherwise unlawful, abusive, offensive or obscene material (as determined in our sole discretion), or contain any computer virus or other malware that could in any way affect the operation of the Site or Services or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any Reviews. You are solely responsible for any Reviews you make and their accuracy. We take no responsibility and assume no liability for any Reviews posted by you or any third party. We reserve the right to edit all Reviews for length, spelling, grammar, or for any other reason in our sole discretion so long as the meaning of the Review is not materially altered, and to remove Reviews that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violate any party’s intellectual property rights or these Terms. By submitting a Review to Sol de Janeiro, you hereby grant us the unrestricted right to use your Review in perpetuity, through any and all media formats and media channels now known or hereinafter developed, without compensation, and to identify the source of the Review by indicating your first name, last initial, city and/or state, age range and other information provided in the Review. By posting a Review, you also consent to our customer service department contacting you in order to improve our product quality and service.

In addition, there may be instances where we request that you post Reviews on the Site or post on our social media accounts, such as Instagram, in order to obtain entry in a sweepstakes or contest we sponsor. Please note that such submissions as well as any unsolicited submissions you send us (collectively, “Submissions”) with creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise shall become the property of Sold de Janeiro, and you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any Reviews or Submissions that you send us. We are and shall be under no obligation (1) to maintain any Reviews or Submissions in confidence; (2) to pay compensation for any Review or Submissions; or (3) to respond to any Reviews or Submissions.

All copyrights, trademarks, trade dress, other intellectual property and materials, including page headers, images, text, illustrations, formats, logos, designs, icons, photographs, programs, music clips or downloads, video clips and written and other materials on our Site (collectively, the “IP”) are owned, controlled or licensed by Sol de Janeiro or its affiliates and are protected by U.S. and international trademark and copyright laws. You may access, view, download, and print the IP and all other materials displayed on our Site for your personal, non-commercial use only; provided, however, that (1) the materials retain all copyright, trademark or other proprietary designations contained on all IP; (2) you do not modify or alter the IP in any way; and (3) you do not provide or make available the IP to any third party in a commercial manner. No license, right, title, or interest in any materials or software is transferred to you as a result of your use of our Site or your accessing, viewing, downloading, or printing of the IP. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the IP, our Site or any related software. All software used on our Site is the property of Sol de Janeiro or its suppliers or licensors and protected by U.S. and international copyright laws. The IP and software on our Site may be used only as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the IP on our Site is strictly prohibited. The compilation (meaning the collection, arrangement, and assembly) of all IP on our Site is the exclusive property of Sol de Janeiro and is also protected by U.S. and international copyright laws.

The trademark and service mark SOL DE JANEIRO, the soldejaneiro.com domain name and all other graphics, logos, page headers, button icons, scripts, product names and service names included in or made available through our Site and Services are trademarks, service marks or trade dress or otherwise the exclusive property of Sol de Janeiro in the United States and other countries.

Your purchase and use of Sol de Janeiro gift cards (“Gift Cards”) are subject to the following terms and conditions in addition to these Terms. When you purchase a Gift Card, you will be required to accept and agree to these Terms, including the agreement to arbitrate and class action waiver. Sol de Janeiro USA, Inc. (“Issuer”) is the Gift Card issuer and responsible for the operation and maintenance of the Card program, and we use a service provider to manage our Gift Card program. Issuer is the sole legal obligor to holders of Gift Cards; provided, however, that Issuer may assign its obligations with respect to the Gift Cards at any time, in which case such assignee shall become the Issuer and sole legal obligor to holders of Gift Cards. Issuer’s affiliates and related entities bear no responsibility or liability for any Gift Cards, and you hereby knowingly release Issuer’s affiliates and related entities from any and all liability or claims of any nature whatsoever arising in connection with the Gift Cards. 

Purchase and Use: Gift Cards may only be purchased by residents of the U.S. and Canada. Gift Cards can be purchased and redeemed only on the Site, but Gift Cards can be purchased and redeemed without having an account or signing into your account. Gift Cards may used on the Site toward the purchase of goods and services plus any sales tax, shipping & handling fees, and any other charges. Gift Cards may not be used to purchase additional Gift Cards. Gift Cards are not redeemable at Third-Party Retailers even for Sol de Janeiro products.

When you purchase a Gift Card, it will be sent from ola@soldejaneiro.com to the recipient’s email address immediately after the purchase is completed. Sol de Janeiro will not be liable for any failure or delay in delivery of a Gift Card. You bear sole responsibility for providing the correct email address for delivery. If the email address you provided is incorrect, invalid or results in a failed delivery, we reserve the right to withhold the delivery of the Gift Card. No refunds will be issued for Gift Cards sent to the email address provided by the purchaser. We are not responsible for any Gift Cards that are lost or redeemed by an incorrect recipient.

Gift Cards are not redeemable for cash, except where required by law. Gift Cards do not expire and incur no additional fees to use them. Treat your Gift Cards as if they are cash because they may be used by anyone who has possession of them.  

Gift Cards are not refundable.  For lost or stolen Gift Cards, contact our Customer Service team for assistance, and we will try to provide a replacement.

How to Use a Gift Card:  After you have selected the items you want on our Site and you are ready to Checkout, enter the Gift Card number in the field of your online Cart that asks for “Gift card or discount code” and click Apply. The Gift Card will be used to pay for the transaction, and any unused amount will remain on the Gift Card for future use. If the Gift Card does not cover the full amount of the purchase, you will need to provide an additional form of payment to cover the difference. For refunds on purchases made with a Gift Card, the refunded amount will be returned to the same Gift Card. If you used a Gift Card together with another payment method, a refund to the Gift Card will be issued before refund to other payment methods.

Not for Resale. Gift Cards cannot be resold. Gift Cards are valid only if obtained through the Sol de Janeiro Site. Gift Cards obtained from unauthorized sellers or resellers, including through Internet auction sites, are not valid and will not be honored.

Validity

Each purchase of a Gift Card is limited to a maximum value of $200. Gift Cards may be purchased starting at a minimum amount of $25. Gift Cards can be used until the balance of the card reaches zero, at which point the Gift Card will become invalid and cannot be reactivated or used again.

We reserve the right, without notice to you, to void Gift Cards without a refund, suspend or terminate customer accounts, suspend or terminate the ability to use our Services, cancel or limit orders, and bill alternative forms of payment if we suspect that a Gift Card has been obtained, used, or applied to a purchase fraudulently, unlawfully, or otherwise in violation of these Terms.

Gift Card Balance: To check the remaining value of your Gift Card, sign into your   Account.  

Your submission of personal information to us through the Site or Services, including online, electronic and other communications with us is governed by our Privacy Policy.

We currently ship everywhere within the USA, including Alaska, Hawaii, and Puerto Rico, and to Canada. Please allow an extra 7-10 business days for orders to Hawaii and Alaska, and 2-4 weeks for orders to Puerto Rico.

Orders of $35 or more within the USA qualify for free shipping. Dollar threshold and shipping rates subject to change.

USA: Otherwise, we charge a $7.50 flat rate for standard shipping, and $25.00 for expedited shipping.

Canada: Shipping is calculated at checkout.

Orders are processed and shipped within 1-3 business days, including expedited orders. We do not ship on weekends or federal holidays. If you place your order on Saturday or Sunday, processing starts the following Monday. Orders sent by standard shipping are typically delivered within 7-10 business days from when they’re processed.   Expedited shipments should be delivered within 3-5 business days from the date of processing, but expedited shipping is not available for delivery to PO Boxes.

We don’t currently ship anywhere else yet (coming soon!), but we know you need to get your hands on these amazing Brazilian beauty secrets. That’s why we’ve partnered with some amazing e-tailers who ship worldwide so shipping to your home will be no problem!

Email our team at ola@soldejaneiro.com for more information. You also can use our Store Locator to find a Third-Party Retailer physical location near you that carries Sol de Janeiro products.

1. Returns:
   1. We’re sorry you didn’t love our Brazilian beauty goodies! Sol de Janeiro welcomes you to return new or gently used products for a full refund within 30 days of purchase, in most cases. We will accept full and partial returns  for a refund if you are not completely satisfied with our products. We offer free returns through our Return portal. We will only accept returns in their original product packaging. We cannot accept partial returns for items that were purchased as part of a set or bundle. For more details, please visit our return policy here(link).
   2. Once received and inspected, we will issue a refund to your original form of payment in approximately 1-3 business days. You’ll receive an automatic email confirmation, and the refund should be reflected on your bank statement within 7-10 business days, depending on your financial institution.
   3. Please note that we can only accept returns for products purchased directly through the Sol de Janeiro website. Products purchased through a Third-Party  Retailer, such as Sephora, must be returned or exchanged to the original place of purchase, in accordance with the retailer’s own return policy.
       
2. Damaged Items:  Please do not submit a return request for damaged items. If you received a damaged item, please contact our team at ola@soldejaneiro.com for assistance with a replacement or report the issue directly through our Help Center.

Occasionally there may be information on our Site or in the Services that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. If any information on our Site or in the Services is inaccurate, we reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders and, if applicable, refund any payments, at any time without prior notice (including after you have submitted your order).

In addition to other prohibitions as set forth in these Terms, you are prohibited from using the Site or Services: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses, worms or any other type of malicious or destructive code, malware or ransomware that will or may be used in any way that will affect the functionality or operation of the Site or Services or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Site or Services or any related website, other websites, or the Internet.

 You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Site or Services, use of the Site or Services, or access to the Site or Services or any contact on any website through which the Services are provided, without express written permission by us.

We reserve the right to terminate your use of the Site and Services or any related website for violating any of the prohibited uses.

In addition to other prohibitions as set forth in these Terms, you are prohibited from using the Site or Services: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses, worms or any other type of malicious or destructive code, malware or ransomware that will or may be used in any way that will affect the functionality or operation of the Site or Services or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Site or Services or any related website, other websites, or the Internet.

 You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Site or Services, use of the Site or Services, or access to the Site or Services or any contact on any website through which the Services are provided, without express written permission by us.

We reserve the right to terminate your use of the Site and Services or any related website for violating any of the prohibited uses.

THE SITE AND SERVICES ARE PROVIDED BY SOL DE JANEIRO ON AN “AS IS” AND “AS AVAILABLE” BASIS. SOL DE JANEIRO MAKES NO REPRESENTATIONS OR

WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF

OUR SITE OR SERVICES. YOU ACKNOWLEDGE, BY YOUR USE OF OUR SITE AND SERVICES, THAT YOUR USE OF OUR SITE AND SERVICES IS AT YOUR SOLE RISK. SOL DE JANEIRO DOES NOT WARRANT THAT YOUR USE OF THE SITE AND SERVICES WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT THE SITE AND SERVICES, INCLUDING THE SERVER, ARE FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS. SOL DE JANEIRO, ITS AFFILIATED AND RELATED ENTITIES, AND ITS VENDORS OR CONTENT PROVIDERS SHALL NOT BE LIABLE TO ANY PERSON OR ENTITY FOR ANY DIRECT OR INDIRECT LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE, SPECIAL OR OTHERWISE), INJURY, CLAIM, OR LIABILITY BASED UPON OR RESULTING FROM YOUR USE OR INABILITY TO USE ANY OF THE SITE OR SERVICES.

IN NO CASE SHALL SOL DE JANEIRO, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, INTERNS, SUPPLIERS, SERVICE PROVIDERS OR LICENSORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF THE SITE, ANY OF THE SERVICES OR ANY PRODUCTS PROCURED USING THE SITE OR SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SITE OR SERVICES OR ANY PRODUCT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SITE, SERVICES, CONTENT OR ANY PRODUCT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE OR SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY.

SOL DE JANEIRO SHALL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH THE SITE AND SERVICES OR ANY MATERIALS FEATURED ON THE SITE AND SERVICES, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE AND SERVICES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

You agree to indemnify, defend and hold harmless Sol de Janeiro, its parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, from all claims, demands, losses, liabilities, costs, expenses, obligations and damages, including reasonable attorneys’ fees, made by any third party due to or arising out of (a) your misuse of the Site or Services; (b) your violation of these Terms; or (c) your breach of your representations and warranties set forth above regarding Reviews; (d) your violation of any applicable law or the rights of a third party (including, without limitation, any copyright, property or privacy right); or (e) any claim that any Reviews you submitted caused damage to a third party.

In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law. Any unenforceable portion shall be deemed to be severed from these Terms, and such determination shall not affect the validity and enforceability of any other remaining provisions.

No waiver will be implied from conduct or failure to enforce or exercise rights under these Terms. Waivers must be made in writing and executed by an authorized representative of the waiving party. The waiver of any breach of any provision of these Terms does not waive any other breach or constitute a further or continuing waiver of any subsequent breach or default. The failure to insist on strict performance of any covenant or obligation in accordance with these Terms will not be a waiver of our right to demand strict compliance in the future, nor will the same be construed as a novation of these Terms.

These Terms are effective unless and until terminated by either you or us. You may terminate these Terms at any time by notifying us that you no longer wish to use our Services, or when you cease using our Site. If in our sole discretion we believe you have failed to comply with these Terms or applicable law, we may terminate your access to the Site and the Services at any time without notice, and you will remain liable for all amounts due up to and including the date of termination.

Notwithstanding termination of your access to the Site and the Services, the Arbitration Agreement incorporated in these Terms shall survive termination.

To keep you informed about the status of your orders and shipping updates, you may request that we provide you with mobile alerts (the “Transactional Messaging Service”). By participating in the Transactional Messaging Service, you are agreeing to these Terms and to the Privacy Policy.

Signing Up and Opting-In to the Transactional Messaging Service

By providing your mobile phone number and enrolling in the Transactional Messaging Service, you agree to these Terms and expressly agree to receive from us artificial voice messages, prerecorded voice messages, live voice messages and calls, autodialed communications, and text messages, including but not limited to SMS, MMS, and other protocols or technologies subsequently adopted, and telephone communications of any kind (collectively referred to as “Messaging”), including, without limitation, Messaging regarding your account(s), your transaction(s), delivery or order notifications, shopping appointments, alerts, content for any program(s) you opt-in to, and/or your relationship with us even if your telephone number(s) is registered on any state or federal Do Not Call list. You may not enroll if you are under 18 years old. Before the Mobile Messaging Service starts, you will need to agree to these Terms by providing your affirmative consent. Sol de Janeiro reserves the right to stop offering the Transactional Messaging Service at any time with or without notice.

By opting into the Transactional Messaging Service, you:

1. Authorize Sol de Janeiro to use autodialer or non-auto dialer technology to send text messages to the mobile phone number associated with your opt-in (i.e., the number listed on the opt-in form or, if none, the number from which you send the opt-in, or, if none, the number on file for the account associated with your opt-in).
2. Acknowledge that you do not have to agree to receive messages as a condition of purchase.
3. Confirm that you are the subscriber to the relevant phone number or that you are the customary user of that number on a family or business plan and that you are authorized to opt-in.

Content You May Receive

Once you affirm your choice to opt-in to the Transactional Messaging Service, your message frequency may vary. You may receive an alert when instances occur such as:

1. Confirming you have opted into the Transactional Messaging Service;
2. Confirming you placed an order;
3. Advising you an item or items you ordered has shipped;
4. Providing shipping updates and tracking shipping progress;
5. Confirming an order has been delivered;
6. Reporting an item or items has been canceled or delayed; or
7. Communicating other developments regarding the status of your order or shipment.

Charges and Carriers

We do not charge a fee for the Transactional Messaging Service, but your telephone carrier may impose charges for message and data rates for Messaging. You acknowledge that you are solely responsible for any Messaging charges incurred by you as a result of using the Transactional Messaging Service.

The Transactional Messaging Service may not be available on all wireless carriers, and Sol de Janeiro may add or remove any wireless carrier from the Transactional Messaging Service at any time without notice. Sol de Janeiro and participating wireless carriers are not responsible for any undue delays, failure of delivery, errors in messages or excess message and data charges.

To Stop the Service

To stop receiving transactional Messaging from Sol de Janeiro, text the word STOP to 59575 at any time or reply STOP to any of the transactional text messages you have received from Sol de Janeiro.. Your opt-out request will generate a confirmation text.

You acknowledge that the text message platform may not recognize and respond to unsubscribe requests that do not include the STOP keyword command and agree that Sol de Janeiro 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 Sol de Janeiro through any other programs you have joined until you separately unsubscribe from those programs. These Terms still will apply if you withdraw the consent mentioned above or opt-out of the Transactional Messaging Service.

Changes to Terms

These Terms pertaining to the Transactional Messaging Service are subject to change at any time without notice.

Questions

For questions or assistance, you can text HELP to 42308 or in response to any transactional text messages you have received from Sol de Janeiro for help at any time. This will provide you with a link to our customer service support page. You can also contact us at ola@soldejaneiro.com. 

Sol de Janeiro offers its customers a mobile messaging service regarding marketing promotions and opportunities and cart reminders (“Marketing Messaging Service”). By participating in the Marketing Messaging Service, you are agreeing to these Terms and to the Privacy Policy. 

Signing Up and Opting-In to the Marketing Messaging Service

By providing your mobile phone number and enrolling in the Marketing Messaging Service, you agree to these Terms and expressly agree to receive from us artificial voice messages, prerecorded voice messages, live voice messages and calls, autodialed communications, and text messages, including but not limited to SMS, MMS, and other protocols or technologies subsequently adopted, and telephone communications of any kind (collectively referred to as “Messaging”), including, without limitation, Messaging regarding marketing, offers, promotions, personalized content, and online shopping cart reminders, even if your telephone number(s) is registered on any state or federal Do Not Call list. You may not enroll if you are under 18 years old. Before the Marketing Messaging Service starts, you will need to agree to these Terms by providing your affirmative consent. Sol de Janeiro reserves the right to stop offering the Marketing Messaging Service at any time with or without notice.

By opting into the Marketing Messaging Service, you:

1. Authorize Sol de Janeiro to use autodialer or non-auto dialer technology to send Messaging regarding Sol de Janeiro promotions, offers, and cart reminders to the mobile phone number associated with your opt-in (i.e., the number listed on the opt-in form or, if none, the number from which you send the opt-in, or, if none, the number on file for the account associated with your opt-in).
2. Acknowledge that you do not have to agree to receive Messaging as a condition of purchase.
3. Confirm that you are the subscriber to the relevant phone number or that you are the customary user of that number on a family or business plan and that you are authorized to opt-in. 

Content You May Receive

Once you affirm your choice to opt-in to the Marketing Messaging Service, your message frequency may vary. You may receive alerts about:

1. Product information
2. Sales and promotions;
3. Event information;
4. Product launch announcements; and
5. Cart reminders.

Charges and Carriers

We do not charge a fee for the Marketing Messaging Service, but your telephone carrier may impose charges for message and data rates for Messaging. You acknowledge that you are solely responsible for any Messaging charges incurred by you as a result of using the Marketing Messaging Service.

The Marketing Messaging Service may not be available on all wireless carriers, and Sol de Janeiro may add or remove any wireless carrier from the Marketing Messaging Service at any time without notice. Sol de Janeiro and participating wireless carriers are not responsible for any undue delays, failure of delivery, errors in messages or excess message and data charges.

To Stop the Service

To stop receiving marketing Messaging from Sol de Janeiro, text the word STOP to 42308 any time or reply STOP to any other marketing messages you receive from Sol de Janeiro. For Services operated through a different number, text STOP to that number to opt-out. Your opt-out request will generate a confirmation text.

To complete your opt-out, please provide the requested clarification. You acknowledge that the text message platform may not recognize and respond to unsubscribe requests that do not include the STOP keyword command and agree that Sol de Janeiro 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 Sol de Janeiro through any other programs you have joined until you separately unsubscribe from those programs. These Terms still will apply if you withdraw the consent mentioned above or opt-out of the Marketing Messaging Service.

Changes to Terms

These Terms pertaining to the Marketing Messaging Service are subject to change at any time without notice

Questions

For questions or assistance, you can text HELP to 42308 or in response to any marketing text messages you have received from Sol de Janeiro for help at any time. This will provide you with a link to our customer service support page. You can also contact us at ola@soldejaneiro.com.

These Terms and any policies or operating rules incorporated by reference or posted by us on this Site or in respect to the Services constitute the entire agreement and understanding between you and us and govern your use of the Site and Services, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of these Terms). Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.

By using this Site or the Services, including to make any purchases or for any transactions, communications or dealings with us, you agree that any and all past, present, and future disputes or claims that have arisen or may arise between you and us arising out of or relating in any way to our Services, including without limitation federal and state statutory claims, common law claims, and those based in contract, tort, fraud, misrepresentation or any other legal theory (collectively, “Claims”), shall be resolved exclusively through binding arbitration on an individual basis, rather than in court, except that you may assert claims in small claims court if your claims qualify and so long as the matter remains in small claims court and proceeds only on an individual (non-class, non-representative) basis. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts under the U.S. Federal Arbitration Act (“FAA”). Use of a neutral arbitrator is designed to provide you and us with a fair proceeding before a neutral decision maker. Arbitrators may award the same damages and relief that a court may award, and judgment on any such award may be entered in any court of competent jurisdiction. YOU HEREBY ACKNOWLEDGE YOUR UNDERSTANDING AND AGREE THAT BY ACCEPTING THESE TERMS OF USE AND THE ARBITRATION PROVISIONS HEREIN, THE FAA WILL GOVERN THE INTERPRETATION AND ENFORCEMENT OF THIS PROVISION, AND THAT YOU AND SOL DE JANEIRO AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND SOL DE JANEIRO ARE EACH HEREBY IRREVOCABLY WAIVING THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN ANY CLASS OR REPRESENTATIVE ACTION IN CONNECTION WITH ANY DISPUTE BETWEEN US. YOU AND SOL DE JANEIRO ALSO AGREE THAT ANY ARBITRATION CONDUCTED HEREUNDER WILL BE BROUGHT ONLY ON AN INDIVIDUAL BASIS, AND WILL NOT BE BROUGHT OR PROCEED ON BEHALF OF A CLASS OR IN A REPRESENTATIVE CAPACITY. The meaning of “Claims” is to be interpreted to have the broadest possible meaning permitted by law, and will only be modified to the extent necessary to be legal, binding and no longer in conflict with any law. For example only, Claims also include billing disputes, claims involving or relating to Messaging, direct marketing, advertisements or electronic communications that you claim you received from Sol de Janeiro and/or a party acting on our behalf or any actions or other controversies in connection with our Privacy Policy or these Terms.

Mandatory Informal Dispute Resolution: If you wish to pursue a Claim against us, you agree to first send a detailed notice (“Dispute Notice”) to us by: (1) email at ola@soldejaneiro.com and (2) first class, certified mail addressed to Sol de Janeiro, Suite 2030, 551 Fifth Avenue, New York, NY 10176. Your Dispute Notice must contain all of the following information: (1) your full name; (2) your address, telephone number, and email address associated with your Sol de Janeiro account; (3) information sufficient for us to identify any transaction, product, or service at issue (e.g., order number, date, etc.); (4) a detailed description of the nature and basis of your Claim, the relief you are seeking and a calculation of any monetary relief sought as part of the Claim, and (5) your electronic signature. Your Dispute Notice must be individualized, meaning it can concern only your Claims and no other person’s. If Sol de Janeiro has a Claim against you, we agree to first send a detailed Dispute Notice to your email address listed in your account or via any other contact information you have made available to us. Our Dispute Notice will likewise set forth: (1) information sufficient for you to identify any transaction at issue; and (2) a detailed description of the basis for our Claim and the relief we are seeking.

You and we agree to negotiate in good faith regarding the Claim in a Dispute Notice in an effort to swiftly resolve it without the need for a formal proceeding. If requested by us, you and we agree to meet and confer, either personally or via videoconference, in a good-faith effort to resolve any Claim. For the sake of clarification only, this conference shall be individualized. Multiple individuals initiating Claims cannot participate in the same informal dispute resolution conference, unless mutually agreed by the parties. If you are represented by counsel, your counsel may participate in the conference alongside you. We are optimistic this process should result in resolution of the Claim, but, if it is not resolved within 60 days after receipt of a fully completed Dispute Notice and the parties have not agreed to extend this time period, you or we may initiate formal arbitration. You and Sol de Janiero agree that compliance with and completion of this mandatory informal dispute resolution is a condition precedent to filing any demand for arbitration. The statute of limitations and any filing fee deadlines shall be tolled while the parties engage in this process. Unless prohibited by applicable law, the arbitration administrator shall not move forward with the administration of any Claim upon written notice from a party that the other party has not complied with the informal process. A court shall have the authority to enjoin any arbitration proceeding that is filed prior to first providing a fully completed Dispute Notice and participating in good faith in this informal dispute resolution process.

If we are not able to resolve the Claim informally, then the below provisions will govern the further resolution of any Claims.

Arbitration Process: A party who desires to initiate arbitration must provide the other party with a written demand for arbitration as specified by AAA’s Consumer Arbitration Rules available at www.adr.org. The demand must describe the nature and basis for the Claim and include all of the information required in the Dispute Notice. The arbitrator will be selected in accordance with the AAA’s Consumer Arbitration Rules.

Arbitration Administration and Rules. The arbitration will be conducted by the AAA in accordance with its Consumer Arbitration Rules (as applicable), as modified by this agreement to arbitrate.  This agreement to arbitrate is intended to be broadly interpreted. In the event of any question as to whether a particular issue must be arbitrated, you agree to delegate the question of whether a particular issue or dispute is arbitrable to the sole discretion of the arbitrator.  The FAA governs the interpretation and enforcement of this agreement to arbitrate. The arbitrator, and not any federal, state or local court, agency or other authority, will have the exclusive authority to resolve any and all Claims, including issues relating to the scope, interpretation, applicability and enforceability of this agreement to arbitrate. If any court or arbitrator determines that this class action waiver is void or unenforceable or that arbitration may proceed on a class basis, then the relevant Claim will not be subject to arbitration and must be litigated in federal court located in New York, New York, without regard to any principles of conflict of laws. The agreement to arbitrate and class action waiver also apply to any Claims you assert against us, our parent, or any affiliated companies.

Fees. Each party’s responsibility to pay the arbitration filing, administrative and arbitrator fees are set forth in AAA’s Consumer Arbitration Rules. We will consider reimbursing the opposing party’s portion of the arbitration fees upon a showing of financial hardship, but only if the opposing party is an individual consumer, and not a professional or business. Either party may make a request that the arbitrator award attorneys’ fees and costs upon proving that the other party has asserted a claim, cross-claim, or defense that is groundless in fact or law, brought in bad faith, or for the purpose of harassment, or is otherwise frivolous, as allowed by applicable law and AAA’s Consumer Arbitration Rules.

Waiver of Jury Trial: By agreeing to have all claims and disputes resolved by binding arbitration, you hereby waive your constitutional and statutory right to have any disputes addressed in court by a judge or a jury.  Should it become necessary to seek state or federal court intervention regarding an arbitration award or otherwise in any court, you hereby agree for such matters to be heard exclusively by a judge and WAIVE ALL RIGHTS TO A JURY TRIAL.

Right to Opt-Out of Arbitration:  If you wish to opt-out of this arbitration agreement, email us at ola@soldejaneiro.com or contact us by mail at Sol de Janeiro, Suite 2030, 551 Fifth Avenue, New York, NY, 10176. Please provide your name and address, the email address associated with your account (if any); and a clear statement that you want to opt out of the arbitration requirement in these Terms. The notice must be emailed or postmarked within 30 days of the later of: (i) the date that you first agreed to these Terms; or (ii) the date that you became subject to this provision under Section 24.

Class Action Waiver: THE ARBITRATION OF CLAIMS SHALL BE IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED. DO NOT ENTER OR USE THE SITE OR SERVICES IF YOU DO NOT AGREE TO HAVE ANY CLAIM OR CONTROVERSY ARBITRATED IN ACCORDANCE WITH THESE TERMS. BY USING THE SITE AND SERVICES, YOU AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE USE OF THE SITE OR SERVICES WILL BE RESOLVED INDIVIDUALLY THROUGH BINDING ARBITRATION AS SET FORTH ABOVE, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY), BUT IN NO EVENT SHALL SUCH CLAIMS, JUDGMENTS OR AWARDS INCLUDE ANY PUNITIVE, EXEMPLARY, CONSEQUENTIAL OR INCIDENTAL DAMAGES, ATTORNEYS’ FEES OR COSTS OF BRINGING A CLAIM; (3) YOUR REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY), AND YOU IRREVOCABLY WAIVE ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

These Terms are governed by and construed in accordance with the laws of the State of New York without consideration of its conflict of law principles.

You can review the most current version of the Terms of Service at any time on this page. We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms by posting updates and changes to our Site. It is your responsibility to check our Site periodically for changes. Your continued use of or access to our Site and the Services following the posting of any changes to these Terms constitutes acceptance of those changes.

If you have any questions about these Terms or your use of the Site or Services, email us at ola@soldejaneiro.com or contact us by mail at Sol de Janeiro, Suite 2030, 551 Fifth Avenue, New York, NY 10176

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