Terms of service
TERMS OF SERVICE
IMPORTANT LEGAL NOTICE: PLEASE READ THIS AGREEMENT IN FULL. IT CONTAINS LEGALLY BINDING TERMS THAT GOVERN YOUR USE OF THE SITE AND ANY PRODUCTS OR SERVICES OFFERED THROUGH IT.
IMPORTANT NOTICE
BY ACCEPTING THESE TERMS, YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED THROUGH BINDING ARBITRATION, NOT IN COURT. YOU WAIVE THE RIGHT TO A JURY TRIAL AND THE RIGHT TO PARTICIPATE IN CLASS ACTIONS OR REPRESENTATIVE PROCEEDINGS. IF YOU DO NOT AGREE, YOU MUST NOT USE THE SITE.
These Terms also include provisions regarding content usage rights, liability limitations, and consent to receive phone calls or text messages where applicable.
1. OVERVIEW
These Terms of Service (“Terms” or “Agreement”) form a legal contract between you and Sol de Janeiro USA, Inc. (“Sol de Janeiro,” “we,” “us,” or “our”). They govern your access to and use of www.soldejaneiro-mall.com, along with related websites, apps, services, and programs (collectively, the “Site”).
By using the Site, including browsing, purchasing, or interacting with any content or services, you agree to be bound by these Terms and any additional policies referenced or linked herein. These Terms apply to all users, including visitors, customers, vendors, and contributors such as reviewers.
You agree to use the Site only for lawful and non-commercial purposes, and in compliance with all applicable laws and regulations. Except where explicitly allowed, you may not copy, modify, distribute, reproduce, publish, transmit, or commercially exploit any Site content.
We may update or modify these Terms at any time by posting changes on the Site. Continued use of the Site after updates indicates acceptance of the revised Terms.
Headings are included for convenience only and do not affect interpretation.
2. PRODUCTS, PRICING, PAYMENT & PROMOTIONS
Certain products may be available exclusively online and may be limited in quantity or time. We reserve the right to modify, discontinue, or adjust pricing or availability at any time without liability.
We strive to display product colors and images accurately, but actual appearance may vary depending on your device. Products are available only within the United States and Canada unless otherwise stated.
Promotions may be offered via email, ads, or social media and may be subject to restrictions such as single-use limits, expiration dates, or eligibility rules. Abuse of promotions may result in order cancellation.
3. ORDER ACCEPTANCE & BILLING
All orders are subject to acceptance and verification. We may request additional information to confirm identity or payment details before processing.
We reserve the right to cancel or refuse any order due to errors, suspected fraud, pricing inaccuracies, or stock limitations. If payment has already been processed, refunds will be issued accordingly.
You agree to provide accurate billing and account information and to keep it updated to ensure successful processing of transactions.
We may limit or block orders that appear to be placed for resale or violate usage policies, including restrictions by account, address, IP, or payment method.
4. SOL PASSPORT REWARDS PROGRAM
Some features require account registration under our SOL Passport Rewards Program. Members may receive benefits such as promotions, rewards, and personalized communication.
By joining, you agree to receive transactional and promotional communications, including cart reminders and offers. Your reward tier may vary based on purchase activity.
5. THIRD-PARTY LINKS
The Site may contain links to third-party platforms or services. We do not control or endorse these external sites and are not responsible for their content, availability, or policies.
Use of third-party services is at your own risk and subject to their respective terms.
6. THIRD-PARTY RETAILERS
Our products may also be sold through authorized third-party retailers. Pricing and availability may vary between our Site and these retailers.
We are not responsible for third-party transactions, content, or policies, and any issues should be addressed directly with the retailer involved.
7. REVIEWS & USER SUBMISSIONS
By submitting reviews or content, you grant us permission to use, display, modify, and distribute such content without compensation.
Reviews may be publicly displayed with limited personal information (such as first name and age range). We reserve the right to remove or edit submissions that violate guidelines or are deemed inappropriate.
Submitted content becomes our property and may be used for any lawful purpose.
8. INTELLECTUAL PROPERTY
All content on the Site, including text, images, logos, designs, and software, is owned or licensed by Sol de Janeiro and protected by intellectual property laws.
You may use Site content only for personal, non-commercial purposes. You may not copy, distribute, modify, or exploit any materials without permission.
9. GIFT CARDS
Gift Cards are available for purchase and use only within the United States and Canada and can only be redeemed on our Site.
Gift Cards do not expire and are non-refundable. They cannot be resold or exchanged for cash except where required by law.
You are responsible for safeguarding Gift Cards, as they are treated like cash.
10. PERSONAL INFORMATION
Your personal data is handled in accordance with our Privacy Policy, which governs collection and usage of user information.
11. SHIPPING POLICY
We currently ship within the U.S. (including Alaska, Hawaii, and Puerto Rico) and to Canada.
Orders typically process within 1–3 business days. Standard delivery usually takes 7–10 business days after processing. Expedited shipping is available in select regions.
Shipping fees may apply unless order thresholds for free shipping are met. Rates and thresholds may change over time.
We do not currently ship to other international locations, but third-party retailers may offer global shipping options.
12. RETURNS POLICY
Most items may be returned within 30 days if unused or gently used, subject to approval. Returns must include original packaging.
Refunds are processed to the original payment method after inspection. Exchanges are not offered at this time; customers must return and place a new order.
Damaged items should not be submitted as returns but reported directly for replacement assistance.
13. ERRORS & OMISSIONS
We reserve the right to correct errors, inaccuracies, or omissions related to pricing, product descriptions, availability, or shipping information at any time without prior notice.
We may cancel orders affected by such errors and issue refunds if applicable.
14. PROHIBITED USES
You may not use the Site for unlawful purposes or activities that violate applicable laws or intellectual property rights.
Prohibited activities include, but are not limited to, harassment, fraud, malware distribution, unauthorized data collection, scraping, or interference with Site security or functionality.
We reserve the right to terminate access for violations.
15. DISCLAIMER
The Site and services are provided “as is” and “as available,” without warranties of any kind.
We do not guarantee uninterrupted or error-free service, nor that the Site is free of harmful components.
Use of the Site is at your own risk.
16. LIMITATION OF LIABILITY
We are not liable for any direct, indirect, incidental, or consequential damages arising from use of the Site, services, or products.
This includes loss of data, revenue, profits, or other damages, even if we have been advised of such possibilities.
In jurisdictions where limitations are not permitted, liability will be limited to the maximum extent allowed by law.
17. INDEMNIFICATION
You agree to indemnify and hold harmless Sol de Janeiro and its affiliates from any claims arising from your misuse of the Site, violation of Terms, or infringement of third-party rights.
18. SEVERABILITY
If any part of these Terms is found invalid or unenforceable, the remaining provisions will remain in full effect.
19. WAIVER
Failure to enforce any provision does not constitute a waiver of rights. Any waiver must be in writing.
20. TERMINATION
We may suspend or terminate your access to the Site at any time for violations of these Terms or applicable laws. Certain provisions, including arbitration, will survive termination.
21–22. MOBILE MESSAGING SERVICES
By opting in, you agree to receive transactional or marketing text messages. Message frequency may vary.
You may opt out at any time by replying STOP. Message and data rates may apply depending on your carrier.
We are not responsible for delays, delivery failures, or carrier-related issues.
23. ENTIRE AGREEMENT
These Terms, together with referenced policies, constitute the entire agreement between you and us and override any prior agreements or communications.
24. DISPUTE RESOLUTION / ARBITRATION
All disputes must be resolved through binding arbitration on an individual basis under the Federal Arbitration Act.
You waive the right to a jury trial and class actions.
Before arbitration, both parties must attempt informal dispute resolution by submitting a written notice and allowing a 60-day resolution period.
Arbitration will be conducted under AAA Consumer Arbitration Rules. The arbitrator has exclusive authority to resolve disputes.
You may opt out of arbitration within 30 days of accepting these Terms by contacting us via the provided email or mailing address.
25. GOVERNING LAW
These Terms are governed by the laws of the State of New York, without regard to conflict of law principles.
26. CHANGES TO TERMS
We may revise these Terms at any time by posting updates on the Site. Continued use indicates acceptance of any changes.
27. CONTACT INFORMATION
For questions, contact us at ola@soldejaneiro-mall.com or by mail at the provided corporate address.