THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.
BY ACCESSING AND USING THIS SITE AND/OR PLACING AN ORDER FOR PRODUCTS FROM THIS WEBSITE, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT, AND YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS.
YOU MAY NOT ORDER OR OBTAIN PRODUCTS FROM THIS WEBSITE IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT WITH SUMMERSALT, INC, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE’S CONTENTS OR GOODS BY APPLICABLE LAW.
These terms and conditions (these “Terms”) apply to the use of www.gosummersalt.com (the “Site”) and the purchase and sale of Products (as hereinafter defined) through the Site (collectively, “Use”). These Terms are subject to change by Summersalt, INC (referred to as “Summersalt”, “us”, “we”, or “our” as the context may require) without prior written notice at any time, in our sole discretion. Any changes to the Terms will be in effect as of the “Last Updated Date” referenced on the Site. You should review these Terms prior to your Use of the Site. Your continued Use of the Site after the “Last Updated Date” will constitute your acceptance of and agreement to such changes.
3. Products and Pricing. We sell swimwear and other items (“Products”) through our Site. The uniform price point for all Products is as marked or, for Products not marked, $95 for a one-piece swimsuit and $55 and $40, respectively, for a top and bottom swimsuit combination. Prices in these Terms and on our Site are exclusive of taxes and shipping fees.
4. Payment. Accepted forms of payment include most major credit cards and Apple Pay for all purchases. You represent and warrant that (i) the credit card or other payment information you supply to us is true, correct and complete, (ii) you are duly authorized to use such credit card or other payment method for purchases, and (iii) charges incurred by you will be honored by your credit card company or similar.
5. Purchases and Returns.
(a) Buy Now. The “Buy Now” option enables you to purchase Products to be shipped to you (“Buy Now Purchases”.) The purchase price of the Products in a Buy Now Purchase will be charged to you at the time of your Buy Now Purchase along with any applicable taxes and shipping fees. Buy Now Purchases may be returned within 30 days of delivery. All returned Buy Now Purchases must be in their original condition, unused and undamaged with original tags attached and hygienic liners intact.
(b) At-Home-Try-On. You may select between one to eight Products (up to the equivalent of four swimsuits or swimsuit top and bottom combinations) and based on your selections, at our sole discretion, we may eliminate or substitute Product or select additional Product to be shipped to you in a pack ("At-Home-Try-On Discovery Pack”) to try on for a six-day period (the “At-Home-Try-On Period”). When you finalize your selection of Products for the At-Home-Try-On Discovery Pack, we will verify your payment information, which may result in a temporary pre-authorization charge being placed on your card for validation purposes only. Additionally, at that time we will charge a $15 concierge fee which includes the cost of shipping. You will be able to try on the Products in the At-Home-Try-On Discovery Pack and may return any Products within the At-Home-Try-On Period, at no cost to you. You are only charged for the Products you keep beyond the At-Home-Try-On Period. Any Products returned from an At-Home-Try-On Discovery Pack must be postmarked no later than six days (excluding Sundays and holidays) following the delivery of the At-Home-Try-On Discovery Pack to the address you specified when you made your Product selections for the At-Home-Try-On Discovery Pack (the “Return Date”) and must be in their original condition, unused and undamaged with original tags attached and hygienic liners intact. At-Home-Try-On Discovery Pack Products not postmarked by the Return Date will be charged to the credit card or other payment means specified in your Account.
6. Title and Risk of Loss. Your selection of the Products is an offer to purchase the Products. We accept your offer by shipping the Products to you. We may decline your offer for any reason, with or without notice to you. The risk of loss and title for all Products passes to you upon our delivery of the Products to a common carrier (such as DHL, FedEx, UPS, or USPS). In the case of a return, you will retain title to any returned Products and risk of loss of such Products will remain with you until we have received the returned Products and confirmed the Products to be in their original condition as specified in these Terms.
7. Errors and Omissions. Occasionally information on our Site may contain errors, inaccuracies, or omissions that may relate to descriptions, pricing, promotions, and availability of Products. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders without prior notice (including after you have submitted your order). We have made every effort to display as accurately as possible the colors and styles of our products that appear at the Sites. Despite our efforts to accurately depict Products, we cannot guarantee that your monitor’s or screen’s display of any color will be accurate.
8. Limited Warranty and Disclaimers. Summersalt warrants that Products manufactured by Summersalt will be free of defects in workmanship or material under normal use and care for a period of 30 days from the date of delivery. Products purchased by Summersalt from a third party for resale to you shall carry only the warranty extended by the original manufacturer, and Summersalt has no liability for such resale Products beyond making a commercially reasonable effort to procure and ship such Products. If you discover any warranty defects and notify Summersalt thereof in writing during the applicable warranty period, Summersalt shall, at its option, promptly repair or replace that portion of the Products found by Summersalt to be defective, or refund the purchase price of the defective portion of the Products. All replacements or repairs necessitated by inadequate maintenance, normal wear and tear, accident, misuse, improper modification, repair, storage, or handling, or any other cause not the fault of Summersalt are not covered by this limited warranty, and shall be at your expense. Summersalt shall pay all reasonable transportation charges incurred in returning to Summersalt any Products agreed in writing by Summersalt to be defective and covered under the limited warranty set forth in this Section 8; however, you shall pay all transportation charges covering any Products returned to Summersalt that do not prove to be defective or if any defect is not covered by warranty. Products repaired or replaced during the warranty period will be in warranty for the remainder of the original warranty period. This warranty is provided by Summersalt solely to the first purchaser of the Products.
THE WARRANTY SET FORTH IN THIS SECTION 8 IS THE EXCLUSIVE WARRANTY AND IS PROVIDED INSTEAD OF ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR ANY OTHER WARRANTY, EXPRESS OR IMPLIED.
9. LIMITATION OF REMEDY AND LIABILITY. THE SOLE AND EXCLUSIVE REMEDY FOR BREACH OF WARRANTY HEREUNDER SHALL BE LIMITED TO REPAIR, REPLACEMENT, OR REFUND OF PURCHASE PRICE UNDER THE LIMITED WARRANTY CLAUSE IN SECTION 9. IN NO EVENT SHALL SUMMERSALT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOSS OF USE, LOSS OF REVENUE, AND COST OF CAPITAL) ARISING OUT OF THE AGREEMENT OR THE TRANSACTIONS CONTEMPLATED THEREBY (WHETHER FOR BREACH OF CONTRACT, TORT, NEGLIGENCE, OR OTHER FORM OF ACTION) OR ITS TERMINATION, AND IRRESPECTIVE OF WHETHER SUMMERSALT HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGE. IN NO EVENT, REGARDLESS OF THE FORM OF THE CLAIM OR CAUSE OF ACTION (WHETHER BASED IN CONTRACT, INFRINGEMENT, NEGLIGENCE, STRICT LIABILITY, OTHER TORT, OR OTHERWISE), SHALL SUMMERSALT’S ACTUAL LIABILITY TO YOU EXCEED THE PRICE TO YOU OF THE SPECIFIC PRODUCTS OR SERVICES PROVIDED BY SUMMERSALT GIVING RISE TO THE CLAIM OR CAUSE OF ACTION.
The limitation of liability set forth above shall only apply to the extent permitted by law.
10. Intellectual Property Rights. Unless otherwise noted, the Site and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and
arrangement thereof) (collectively “Contents”), are owned by Summersalt, its licensors or other providers and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. These Terms permit you to use the Site for your personal, non-commercial use only. You may download or copy Contents from our Site for your personal, non-commercial use only. No right, title or interest in any Contents is transferred to you as a result of any such downloading or copying. You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent. Except as noted above, you may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or exploit in any way any of the Contents or the Site. Unauthorized use of the Contents is expressly prohibited by law, and may result in civil and criminal penalties.
11. Goods Not for Resale or Export. You represent and warrant that you are buying products or services from the Site for your own personal or household use only, and not for resale or export. You further represent and warrant that all purchases are intended for final delivery to locations within the US.
13. Force Majeure. We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
14. Governing Law and Jurisdiction. This Site is operated from the US. All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the State of Missouri without giving effect to any choice or conflict of law provision or rule (whether of the State of Missouri or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of Missouri.
15. Assignment. You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this Section 15 is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.
16. No Waivers. The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of Summersalt.
17. No Third-Party Beneficiaries. These Terms do not and are not intended to confer any rights or remedies upon any person other than you.
(c) To You. We may provide any notice to you under these Terms by: (i) sending a message to the email address you provide or (ii) by posting to the Site. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.
(d) To Us. To give us notice under these Terms, you must contact us by personal delivery, overnight courier or registered or certified mail to Summersalt, INC, 911 Washington Avenue, Suite 215-B, St. Louis, Missouri 63101 We may update the facsimile number or address for notices to us by posting a notice on the Site. Notices provided by personal delivery will be effective immediately. Notices provided overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.
19. Severability. If any provision of these Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.
Effective date: 09.28.2017