Terms of Use
Solid & Striped Terms of Use
PLEASE READ THESE TERMS CAREFULLY AND MAKE SURE YOU UNDERSTAND THEM BEFORE USING PURCHASING ANY GOODS. THESE TERMS OF USE AFFECT YOUR LEGAL RIGHTS AND INCLUDE A WAIVER OF YOUR RIGHT TO A JURY TRIAL AND RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR ARBITRATION. ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OF USE, YOUR USE OF THE SERVICES, OR ANY RELATIONSHIP BETWEEN THE PARTIES SHALL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION.
Welcome to www.solidandstriped.com (“the Site”). SOLID & STRIPED LLC (“Solid & Striped,” “we,” “our,” and/or “us”) and its subsidiary and affiliate companies provide website features and other products or services to our online visitors who visit or shop at the Site subject to the terms and conditions set forth herein (“Terms”). By accessing our Site you accept and agree to be bound by these Terms. If you do not wish to be bound by these Terms or if you are unsure as to the meaning of any part of them, then please do not place any orders on the Site. References to “you” and “your” refer to you, a user of our Site.
We reserve the right to amend these Terms from time to time.
Please note that your use of the Site and purchase of any products through the Site is also subject to our privacy policies, which can be found at https://www.solidandstriped.com/pages/privacy-policy.
Qualified Purchasers, Registration and Availability
You must be eighteen (18) or older in order to purchase from us. Products purchased from the Site are for your personal use and not subject to commercial resale.
Your use of the Services requires you to create a confidential password. You are responsible for keeping your password confidential. You must not knowingly disclose your password to any third party. Please notify us immediately of any unauthorized use of your password or if you believe that your password is no longer confidential or that there has been a breach in security of your account. We reserve the right to require that you change your password if we believe your account is no longer secure. We will not be liable for any loss or damages you may suffer as a result of someone else using your password. You must not use the username or password of any other user at any time or attempt to impersonate another user or another person who is not a user.
While we shall use our reasonable endeavors to maintain services and communications, and keep content up to date, we are unable to guarantee the accessibility of the Site, online store, or any products listed in the store. Nor do we make any promises about the accuracy or completeness of the content or information contained within. We may make changes to the online store and may modify or discontinue (on a temporary or permanent basis) certain products and/or functions of the service, including the termination of the store in its entirety.
Pricing
All prices posted on this Site are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total and will be itemized in your shopping cart and in your order confirmation email. Solid & Striped strives to communicate accurate pricing and product information, but we are not responsible for pricing, typographical, or other errors in any offer by us. We reserve the right to refuse service or cancel orders in our sole discretion without regard to whether the order has been confirmed or your credit card charged. If payment has already been made or if the credit card has already been charged for the purchase and the order is cancelled, Solid & Striped shall promptly credit the credit card account in the amount that was charged.
Payment
Solid & Striped accepts payment in the form of Visa, MasterCard, Discover, American Express, PayPal, AmazonPay and Klarna. Terms of payment are within our sole discretion and payment must be received by us before our acceptance of an order. You represent and warrant that (i) the credit card information you supply to us is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any. We accept a maximum of one (1) applicable promotional discount per order.
Shipping
Orders are processed and delivered Monday through Friday, excluding holidays. We reserve the right to fill orders on a pro rata basis if inventory shortages arise. We also reserve the right to hold your shipment because of inclement weather or any other shipping related delays. All delivery dates provided are best estimates based on prevailing conditions when given and we will not liable if it fails to meet any estimated delivery dates. Risk of loss and title all goods passes to you upon our delivery to our contracted shipping agent.
Tracking
As soon as your order has been shipped, a shipping confirmation will be emailed to you. In the email, we provide you with a tracking number. If you have any questions about your order, please contact us at concierge@solidandstriped.com
Product Information and Availability
Solid & Striped attempts to be as accurate as possible. However, we do not warrant that product descriptions or other content of the Site is accurate. In addition, the actual colors you see will depend on your monitor. We apologize for any inconvenience this may cause you. If you receive a product that is not as described, you may return it in its original condition in accordance with these Terms. Product availability is not guaranteed. If a product is not available when your order is processed we will notify you by email.
Returns and Refunds
To initiate a domestic return, click here.
Except for any sale items or products otherwise designated on the Site as non-returnable or final sale, if for any reason you are not happy with your purchase, you may return the products within 30 days of the original purchase date for a refund of your purchase price, less the original shipping and handling costs, provided such products are returned in their original condition and in accordance with these Terms. For all domestic orders placed after July 8th, 2021, a restocking fee of $6.95 will be deducted from your refund amount. For all international orders, a return fee of $25 will be deducted from your refund amount.
All items must be returned in the original condition and packaging in which they were sent with the tags and hygienic liners attached. All returns must contain the original invoice. We reserve the right to refuse returns on items that have been worn, soiled, laundered, or altered in any way. Swimsuits that are returned missing hygiene liners will not be refunded. Sale items are final sale and non-refundable. We are not responsible for customer returns that are damaged or lost in transit. You are responsible for all shipping and handling charges on returned items. You bear the risk of loss during shipment. We therefore recommend that you fully insure your return shipment against loss or damage and that you use a carrier that can provide you with proof of delivery for your protection.
Your refund will be processed within 7 business days from the time your return arrives at our facilities. Reach out to concierge@solidandstriped.com for the latest information on your return. We will notify you via email once your return has been processed.
Sale items and other final-sale items cannot be returned for a refund or exchange.
If you would like to exchange an item, we suggest that you place a new order for the item you want before returning your original purchase. This will ensure that your exchange item is in stock. Once we receive your return, we will process a refund for the cost of the returned item and send you a confirmation email, provided your return meets all the terms and conditions set forth in these Terms.
Sweepstakes and Promotions.
From time to time Solid & Striped may provide opportunities to participate special promotions, contests, games and/or sweepstakes. The rules, regulations and procedures governing any of the foregoing shall be accessible through a hypertext link displayed on the web page where the contest or game may be located. By entering or participating in any of them, you agree to be subject to those rules, regulations and procedures. Please remember to read the rules carefully before participating. Coupons and special promotions cannot be combined unless specifically authorized.
Ownership
Unless otherwise noted, the Site design and all text, graphics, information, designs, logos, content, and other material displayed on or that can be accessed or downloaded from the Site are either the property of, or used with permission by Solid & Striped, and are protected by U.S. and international copyright, trademark, and other laws and may not be used except as permitted in these Terms or with the prior written permission of the owner of such material. You may not modify the information or materials located on this Site in any way, or reproduce, publicly display, distribute, or otherwise use any such materials for any public or commercial purpose. Solid & Striped reserves the right to remove or edit content at its sole discretion.
Unsolicited Ideas.
We do not accept or consider unsolicited ideas, including ideas for new products or services. You should not transmit any material to Solid & Striped that you consider to be confidential or proprietary. Any material that you transmit to Solid & Striped will be considered non-confidential and non-proprietary. You give Solid & Striped an unrestricted, irrevocable, worldwide, royalty-free license to use, reproduce, display, publicly perform, transmit and distribute any such information. You further agree that Solid & Striped has the right to use, without any payment or accounting to you or others, any concepts, know-how or ideas that you (or those who act on your behalf) transmit to Solid & Striped.
Text Message Communications
If you elect to receive marketing text messages from us, either via the Site or by sending a text message indicating your consent, you are providing your prior express written consent to receive recurring marketing or promotional Text messages from us (each, a “Text Message”) sent through an automatic telephone dialing system. These may include cart abandon messages. Message frequency varies. This service is optional and is not a condition for purchase. You can opt-out of receiving any further Text Messages from us at any time by replying “STOP” to any Text Message you receive from us. For help, reply “HELP” to any Text Message you receive from us or email textsupport@wunderkind.co.In addition to any fee of which you are notified, your mobile provider’s message and data rates may apply to our confirmation Text Message and all subsequent Text Message correspondence according to your individual rate plan provided by your wireless carrier. Please consult your mobile service carrier’s pricing plan to determine the charges for browsing data and sending and receiving Text Messages. Under no circumstances will we or our affiliates be responsible for any Text messaging or wireless charges incurred by you or by a person that has access to your wireless device or telephone number. If your carrier does not permit Text messages, you may not receive the Text Messages. Neither we nor the wireless carriers (such as T-Mobile) will be liable for any delays in the receipt of, or failure to deliver, any Text Messages, as delivery is subject to effective transmission from your network operator. Text Message services are provided on an “AS IS” basis. Data obtained from you in connection with any Text Message services may include your cell phone number, your provider’s name, and the date, time, and content of your text messages. We may use this information in accordance with our Privacy Policy to contact you and to provide the services you request from us. For more information on how we use telephone numbers, please read our Privacy Policy. If you change or deactivate the phone number you provided, you have an affirmative obligation to update your account information and the phone number(s) attached to your account to prevent us from inadvertently communicating with anyone who acquires any phone number(s) previously attributed to you, and any new phone number(s) you attach to your account may receive our standard marketing Text Messages unless you also unsubscribe via the above procedures.
Consent to Receive Marketing Emails
You agree to receive periodic commercial/promotional communications from us electronically, including email to any email addresses you provide to us, to the extent permissible by law including, without limitation, information and offers from us and our participating merchants, partners and sponsors, or for such other purposes as we deem appropriate and as permissible by law. You may opt-out of receiving such promotional communications at any time by following the unsubscribe instructions contained in such communication. This opt out will not apply to operational or informational emails related to your account or order. You may continue to receive promotional email messages for a short period while we process your request.
Copyright Infringement Notice Policy
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under the U.S. copyright law. If you believe that your copyrighted material has been copied in a way that constitutes copyright infringement, please contact our designated Copyright Agent and provide the following information:
A. A description of the copyrighted work that allegedly has been infringed.
B. A description of the material that is claimed to be infringing and the URL of where such material is located on the Site, sufficient to permit us to locate the material.
C. Your contact information, including an address, telephone number, and e-mail address.
D. A statement by you that you have a good faith belief that the disputed use of the copyright-protected material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
E. A statement, under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf.
F. Your physical or electronic signature.
Our designated copyright agent:
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By mail: |
Solid & Striped |
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By email: |
concierge@solidandstriped.com |
We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA.
DISCLAIMER OF WARRANTIES
THE SITE AND ALL PRODUCTS, MATERIALS, AND CONTENT MADE AVAILABLE AND SOLD THROUGH THE SITE OR OTHERWISE BY SOLID & STRIPED ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. SOLID & STRIPED HEREBY SPECIFICALLY DISCLAIMS ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND NON-VIOLATION OF THIRD-PARTY RIGHTS, AND ANY WARRANTIES THAT MAY ARISE DUE TO COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE, WHETHER RELATED TO THE SITE, PRODUCTS, OR ANY SOLID & STRIPED MARKETING MATERIAL, AS APPLICABLE, OR OTHERWISE. THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
Some states or other jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you if prohibited by law.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL SOLID & STRIPED BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SITE OR ANY MATERIALS OR CONTENT ON THE SITE (INCLUDING CLAIMS RELATED TO OUR PRIVACY POLICY OR OTHER PRIVACY OR DATA SECURITY CLAIMS), WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT SOLID & STRIPED HAS BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE.
TO THE FULLEST EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF SOLID & STRIPED TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SITE, PRODUCTS, OR OTHERWISE UNDER THESE TERMS OR YOUR USE OF THE SITE (INCLUDING CLAIMS RELATED TO OUR PRIVACY POLICY OR OTHER PRIVACY OR DATA SECURITY CLAIMS), WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF: (A) THE AMOUNT YOU PAID TO SOLID & STRIPED FOR THE PRODUCT GIVING RISE TO THE CLAIM, IF ANY; OR (B) $100.
Indemnification
You agree to indemnify and defend Solid & Striped, it officers, directors, shareholders, partners, employees, agents, attorneys, affiliates, successors and assigns from any liability, loss, claim and expense, including reasonable attorneys’ fees, that in any way arise out of or relate to (1) your breach or violation of the Terms or any applicable state or federal law, or (2) your use of the Site or products purchased.
Governing Law and Venue
These Terms will be governed by and construed in accordance with the laws of the State of New York, without giving effect to any principles of conflicts of laws.
Agreement to Arbitrate
Any and all disputes, conflicts, problems, controversies, or claims of any kind arising from the relationship of the parties, the Site, these Terms, or the interpretation thereof, no matter how described, pleaded or styled, shall be shall be submitted to binding arbitration under the substantive and procedural requirements of the Federal Arbitration Act. The arbitration shall be conducted by a single, neutral arbitrator chosen by the parties, conducted under the Consumer-Related Disputes Supplementary Procedures of the American Arbitration Association, conducted at New York, New York. I understand the information about the AAA arbitration process and the AAA Consumer Rules can be obtained at www.adr.org. The parties agree that the arbitrator, and not a court, shall have exclusive jurisdiction over the interpretation, validity, and scope of this arbitration agreement. The costs of the arbitration filing fee, arbitrator’s compensation, and facilities fees will be paid by Solid & Striped. Each party shall pay for its own attorneys’ fees and costs. Any dispute or claim shall be brought solely in that party’s individual capacity, and not as a plaintiff or class member in any purported class action, representative proceeding, mass action or consolidated action. Neither party shall file or maintain any lawsuit in any court against the other, and agree that any suit filed in violation of this arbitration agreement shall be dismissed by the court in favor of an arbitration conducted pursuant to this arbitration agreement and all costs and attorneys’ fees incurred in enforcing this provision shall be paid by the party that filed the lawsuit, except that this provision does not affect either party’s right to seek relief in small claims court for disputes or claims within the scope of its jurisdiction. If this arbitration agreement is declared unenforceable and cannot be administered, interpreted, or modified to be enforceable, the parties agree to waive any right to a jury trial with respect to any dispute to which the arbitration agreement applies. This provision shall survive the termination of these Terms of Use.
BY ACCEPTING THESE TERMS OF USE YOU ACKNOWLEDGE THAT YOU ARE WAIVING YOUR RIGHT TO A JURY TRIAL AND ANY RIGHTS YOU MAY HAVE TO BRING ANY CLAIMS ON A CLASS, REPRESENTATIVE, CONSOLIDATED OR MASS ACTION BASIS.
Changes to Terms
Solid & Striped may, at its sole discretion, modify the Terms at any time without notice by adding new terms or amending existing terms. Such modifications will be effective as of the date that the updated Terms are posted on the Site (“Effective Date”). By accessing or using the Site after the Effective Date you agree to the modifications and to the Terms as modified. If you do not accept the modifications, your sole remedy is to cease all use of the Site.
Third Party Terms
We may provide links to the sites of affiliated companies and certain other businesses or services. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or services or the content of their website(s). Solid & Striped does not assume any responsibility or liability for the actions, product, and/or content of any third parties. You should carefully review their privacy statements and other conditions of use.
Termination
You or we may suspend or terminate your use of this Site at any time, for any reason or for no reason. You are liable for any orders that you place or charges that you incur prior to termination. We reserve the right to change, suspend, or discontinue all or any aspect of this Site at any time and without notice.
International Access
This Site may be accessed from countries other than the United States. This Site may contain products or references to products that are not available outside of the United States. Any such references do not imply that such products will be made available outside of the United States. If you access and use this Site outside the United States you are responsible for complying with your local laws and regulations. You may not use the Site if you are the subject of U.S. sanctions or of sanctions consistent with U.S. law imposed by the governments of the country where you are using the Site. You must comply with all U.S. or other export and re-export restrictions that may apply to goods, technology, and services.
Legal Notices
These Terms and our privacy policy constitute the entire agreement between you and Solid & Striped. No waiver by Solid & Striped of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Solid & Striped to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect. These Terms may not be transferred or assigned by you without Solid & Striped’s prior written consent. Solid & Striped may assign or transfer the Terms to its affiliates or in connection with a merger, sale, reorganization, or other change of control.
Additional Assistance
If you do not understand any of the foregoing Terms or if you have any questions or comments, please contact us via email at concierge@solidandstriped.com or write to us at the following address:
Solid & Striped
529 W. 20th Street
Suite 7E
New York, NY 10011