Terms of service
OVERVIEW
Welcome to Sole.! The terms “we”, “us” and “our” refer to Sole.. Sole. operates this store and website, including all related information, content, features, tools, products and services in order to provide you, the customer, with a curated shopping experience (the “Services”). Sole. is powered by Shopify, which enables us to provide the Services to you.
The below terms and conditions, together with any policies referenced herein (these “Terms of Service” or “Terms”) describe your rights and responsibilities when you use the Services.
Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.
By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy (https://itssole.com/policies/privacy-policy). If you do not agree to these Terms of Service or Privacy Policy, you should not use or access our Services.
SECTION 1 - ACCESS AND ACCOUNT
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase or manage.
To use the Services, including accessing or browsing our online stores or purchasing any of the products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all the information you provide in our stores is correct, current and complete and that you have all rights necessary to provide this information.
You are solely responsible for maintaining the security of your account credentials and for all of your account activity. You may not transfer, sell, assign, or license your account to any other person.
SECTION 2 - OUR PRODUCTS
We have made every effort to provide an accurate representation of our products and services in our online stores. However, colors or product appearance may differ from how they appear on your screen due to your device and settings.
We do not warrant that the appearance or quality of any products or services purchased by you will meet your expectations or be the same as depicted or rendered in our online stores.
All descriptions of products are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities of any products that we offer to any person, geographic region or jurisdiction, on a case-by-case basis. We are a resale business and are not affiliated with, endorsed by, or an authorized retailer of the brands we sell. Pre-owned items are sold in the condition stated on the product page.
SECTION 3 - ORDERS
When you place an order, you are making an offer to purchase. Sole. reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until Sole. confirms acceptance (for example, by sending a shipping confirmation). We must receive and process your payment before your order is accepted. Please review your order carefully before submitting, as Sole. may be unable to accommodate cancellation requests after an order is accepted. If we do not accept, make a change to, or cancel an order, we will attempt to notify you by contacting the e-mail, billing address, and/or phone number provided at the time the order was made.
Your purchases are subject to return or exchange solely in accordance with our Return & Exchange Policy (https://itssole.com/policies/refund-policy). We do not offer refunds; eligible items may be returned within 30 days of delivery for exchange or store credit. A $9.95 return-label fee applies to store-credit returns when our label is used; approved exchanges typically receive a prepaid label.
You represent and warrant that your purchases are for your own personal or household use and not for commercial resale or export.
SECTION 4 - PRICES AND BILLING
Prices, discounts and promotions 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. Unless otherwise expressly stated, posted prices do not include taxes, shipping, handling, customs or import charges.
Prices posted in our online stores may be different from prices offered in physical stores or in online or other stores operated by third parties. We may offer, from time to time, promotions on the Services that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.
You agree to provide current, complete and accurate purchase, payment and account information for all purchases made at our stores and to promptly update such information. You represent and warrant that (i) the payment information you provide is true, correct, and complete, (ii) you are duly authorized to use such payment method, (iii) charges incurred by you will be honored by your payment provider, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any.
SECTION 5 - SHIPPING AND DELIVERY
Shipping options, rates, and timelines are described in our Shipping Policy (https://itssole.com/policies/shipping-policy). We currently ship within the United States only and also offer free in-store pickup at:
• Denver (Cherry Creek): 3000 E 1st Ave #118, Denver, CO 80206 — Phone: (248) 574-1125
• Los Angeles (Beverly Center): 8500 Beverly Blvd, Space 665, Los Angeles, CA 90048 — Phone: (720) 765-9389
All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by carriers, weather, or events outside our control. Orders of $300+ may require an adult signature on delivery. Once we transfer products to the carrier and the carrier records delivery to the address you provided, title and risk of loss pass to you. Theft or misplacement after a confirmed delivery scan is not covered by default—consider signature service or in-store pickup.
SECTION 6 - INTELLECTUAL PROPERTY
Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics, product reviews, video, and audio, and the design, selection, and arrangement thereof, are owned by Sole., its affiliates or licensors and are protected by U.S. and foreign intellectual property laws.
These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Services without our prior written consent. Except as expressly provided herein, nothing grants you a license to any patent, trademark, copyright, or other intellectual property of Sole., Shopify or any third party. All rights not expressly granted are reserved.
Sole.’s names, logos, product and service names, designs, and slogans are trademarks of Sole. or its affiliates or licensors. You must not use such trademarks without prior written permission. Shopify’s marks are trademarks of Shopify. All other marks are the trademarks of their respective owners.
SECTION 7 - OPTIONAL TOOLS
You may be provided access to tools offered by third parties. We provide access to such tools “as is” and “as available” without warranties or endorsements and with no liability arising from your use. Your use is entirely at your own risk and subject to the third party’s terms. New features released in the future are also part of the Services and subject to these Terms.
SECTION 8 - THIRD-PARTY LINKS
The Services may contain materials and hyperlinks to websites provided or operated by third parties. We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites. We are not liable for any harm or damages related to your access of any third-party websites, or your purchase or use of any products, services, resources, or content on any third-party websites. Review third-party policies and practices before any transaction.
SECTION 9 - RELATIONSHIP WITH SHOPIFY
Sole. is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our Store are made directly with Sole.. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Sole., including any injury, damage, or loss resulting from purchased products and services. You expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with Sole..
SECTION 10 - PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy (https://itssole.com/policies/privacy-policy), and certain personal information may be subject to Shopify’s privacy terms. Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services in order to provide and improve the Services. Information you submit to the Services will be transmitted to and shared with Shopify and service providers (which may be located outside your country).
You can manage cookies and ad preferences via the “Privacy & Cookie Preferences” link in our footer and may exercise opt-out rights via “Your Privacy Choices (Do Not Sell or Share My Personal Information)”.
SECTION 11 - FEEDBACK
If you submit ideas, suggestions, reviews, or other content (“Feedback”), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute and display such Feedback in any medium for any purpose. You represent that you have the rights to grant this license and that your Feedback complies with these Terms. We may monitor, edit or remove Feedback we determine to be unlawful or otherwise objectionable.
SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information in the Services that contains typographical errors, inaccuracies or omissions (e.g., product descriptions, pricing, promotions, offers, shipping charges, transit times, availability). We reserve the right to correct any such issues and to change or update information or cancel orders if any information is inaccurate at any time without prior notice (including after you have submitted your order).
SECTION 13 - PROHIBITED USES
You may access and use the Services for lawful purposes only. You may not use the Services for any unlawful or malicious purpose or to violate any law; infringe intellectual property; harass, defame, or harm others; transmit misleading, illegal, or harmful content; send spam; impersonate others; collect personal information without consent; or interfere with security or operations. We reserve the right to suspend, disable, or terminate your account for violations.
SECTION 14 - TERMINATION
We may terminate this agreement or your access to the Services in our sole discretion at any time without notice, and you remain liable for all amounts due up to and including the date of termination. Sections intended to survive termination will continue to apply.
SECTION 15 - DISCLAIMER OF WARRANTIES
EXCEPT AS EXPRESSLY STATED BY SOLE., THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. SOME JURISDICTIONS DO NOT ALLOW CERTAIN DISCLAIMERS, SO SOME LIMITATIONS MAY NOT APPLY TO YOU.
SECTION 16 - LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO CASE SHALL SOLE., OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA OR GOODWILL, ARISING FROM OR RELATED TO YOUR USE OF THE SERVICES OR ANY PRODUCTS, EVEN IF ADVISED OF THE POSSIBILITY. IF WE ARE FOUND LIABLE, OUR TOTAL LIABILITY WILL NOT EXCEED THE AMOUNT YOU PAID FOR THE PRODUCTS AT ISSUE.
SECTION 17 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Sole., Shopify, and our affiliates, officers, employees, agents, contractors, licensors, and service providers from any losses, damages, liabilities or claims (including reasonable attorneys’ fees) arising out of your breach of these Terms, violation of law or third-party rights, or misuse of the Services.
SECTION 18 - SEVERABILITY
If any provision of these Terms is held unlawful, void or unenforceable, that provision will be enforced to the maximum extent permitted and the remainder will remain in full force and effect.
SECTION 19 - WAIVER; ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision shall not constitute a waiver. These Terms and the policies referenced herein constitute the entire agreement between you and us and supersede any prior agreements related to the Services. Any ambiguities shall not be construed against the drafting party.
SECTION 20 - ASSIGNMENT
You may not assign these Terms without our prior written consent. We may assign or transfer these Terms without notice.
SECTION 21 - GOVERNING LAW
These Terms and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of Colorado, without regard to conflict-of-laws rules. You and Sole. consent to the exclusive jurisdiction and venue of the state or federal courts located in Denver County, Colorado (unless another forum is required by consumer law in your state).
SECTION 22 - HEADINGS
Headings are for convenience only and do not limit these Terms.
SECTION 23 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms at any time on this page. We may update these Terms by posting changes to our website and, where required by law, providing notice. Changes apply prospectively from the effective date stated in the notice. Your continued use of the Services following changes constitutes acceptance.
SECTION 24 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at store@itssole.com.
Trading name: Sole.
Store locations / mailing addresses & phones:
• Denver (Cherry Creek): 3000 E 1st Ave #118, Denver, CO 80206 — (248) 574-1125
• Los Angeles (Beverly Center): 8500 Beverly Blvd, Space 665, Los Angeles, CA 90048 — (720) 765-9389
Note: This ToS references these live policies:
• Return & Exchange Policy: https://itssole.com/policies/refund-policy
• Privacy Policy: https://itssole.com/policies/privacy-policy
• Shipping Policy: https://itssole.com/policies/shipping-policy