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Terms of Use

This web site is operated by Sol Né Collections ("SolNé"). All inquiries may be directed to:

Sol Né Collections

Customer Service Department

4643 S. Ulster St., Ste. 800

Denver, CO 80237

Your use of this web site is governed by these terms and conditions. Please take a few minutes to review these terms and conditions. Your use of the SolNe.com web site constitutes your agreement to follow these rules and to be bound by them. If you do not agree with any of these terms and conditions, do not use the SolNe.com web site.

These Terms and Conditions May Change

SolNé reserves the right to update or modify these terms and conditions at any time without prior notice. Your use of the SolNe.com web site following any such change constitutes your agreement to follow and be bound by the terms and conditions as changed. For this reason, we encourage you to review these terms and conditions each time you use this web site.

Use of Web Site

The SolNe.com web site is for the sole use of individuals and entities wishing to review, consider, purchase, or otherwise engage in retail transactions involving SolNé goods and services or to otherwise transact business with or contact SolNé, on their own behalf (or, in the case of a gift or a corporate transaction, on behalf of their intended recipients). No information concerning the transactional preferences of an individual customer (whether such customer is a person or an entity) can be entered, altered, modified, or otherwise affected, by any third party on behalf of such individual customer. In particular, SolNé expressly prohibits third parties from opting out of SolNé services or contacts on behalf of a SolNé customer or other person or entity, without both (a) SolNé's full knowledge as to the surrogate action being taken and (b) SolNé's express permission. This prohibition is intended to protect the privacy and freedom of SolNé's customers and the personal relationship SolNé works to develop with its customers and others authorized to use its site.


Allergy, Reaction, and Health Policy

Reactions are unique to each person. Reactions occur as a result of eating, touching, inhaling, or coming in contact with an allergen. SolNé attempts to purchase products which do not include common allergens. However, we cannot predict which products may affect each person. Although we will happily return or exchange any items to which you are allergic, due to the unique biochemistry of every individual we cannot guarantee that no reaction will occur and we will not assume responsibility for any damages caused by allergic reactions to our products.

Site Security and Hacking

You are prohibited from violating or attempting to violate the security of the SolNe.com web site, including, without limitation, (a) accessing data not intended for you or logging onto a server or an account which you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user, host, or network, including, without limitation, via means of submitting a virus to the web site, overloading, "flooding," "spamming," "mail-bombing," or "crashing;" (d) sending unsolicited email, including promotions or advertising of products or services; or (e) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability. We will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software, or routine to interfere or attempt to interfere with the proper working of this web site or any activity being conducted on this web site. You agree, further, not to use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars, or intelligent agents) to navigate or search this web site other than the search engine and search agents available on this site and other than generally available third party web browsers (e.g., Mozilla Firefox or Microsoft Internet Explorer).

 

Intellectual Property

All materials, including images, text, illustrations, designs, icons, photographs, programs, music clips or downloads, video clips, and written and other materials that are part of this web site (collectively, "Contents") are owned solely by SolNé. You may not reproduce, 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 Contents or the web site. The Contents and this web site may be used only as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the Contents on this web site is strictly prohibited. References on this web site to any names, marks, products, or services of third parties or hypertext links to third party sites or information are provided solely as a convenience to you and do not in any way constitute or imply our endorsement, sponsorship, or recommendation of the third party, its information, products, or services. We are not responsible for the practices or policies of such third parties, nor the content of any third party sites, and do not make any representations regarding third party products or services, or the content or accuracy of any material on such third party sites. If you decide to link to any such third party sites, you do so entirely at your own risk. Unless otherwise noted, all Contents, copyrights, trademarks, trade dress, and other intellectual property is owned, controlled, or licensed by us, one of our affiliates or by third parties who have licensed their materials to us and is protected by U.S. and international copyright, trademark, or other intellectual property laws. The compilation (meaning the collection, arrangement, and assembly) of all Contents on this web site is our exclusive property and is also protected by U.S. and international copyright laws. We and our suppliers and licensors expressly reserve all intellectual property rights in all text, programs, products, processes, technology, content, and other materials which appear on this web site. Access to this web site does not confer and shall not be considered as conferring upon anyone any license under any of our or any third party's intellectual property rights. The SolNe.com name and logos and all related product and service names, design marks and slogans are the trademarks or service marks of Sol Né Collections, LLC. All other marks are the property of their respective companies. No trademark or service mark license is granted in connection with the materials contained on this site. Access to this site does not authorize anyone to use any name, logo, or mark in any manner.

 

Submissions

We welcome your comments regarding the SolNe.com web site. However, any comments, feedback, notes, messages, ideas, suggestions, or other communications (collectively, "Comments") sent to SolNe.com shall be and remain the exclusive property of SolNé. Your submission of any such Comments shall constitute a permanent assignment to SolNé of all worldwide rights, titles, and interests in all copyrights and other intellectual property rights in the Comments. SolNé will be entitled to use, reproduce, disclose, publish, and distribute any material you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any Comments that you do not wish to assign to us, including any confidential information or any original creative materials such as stories, product ideas, computer code, or original artwork.

 

Gift Messages

The SolNe.com gift message services available to our customers are subject to the following guidelines. Out of respect for all of our guests, we ask that you do not use obscene, profane, or threatening language in gift messages. Examples of the kinds of conduct or content that are prohibited in SolNe.com gift messages include, but are not limited to:

1. The transmission of any content that violates, facilitates the violation of, or could violate or facilitate the violation of any applicable law, regulation, or SolNé rule or policy.

2. The transmission of any content that is profane, libelous, defamatory, obscene, pornographic, indecent, lewd, unlawfully discriminatory, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory, or otherwise objectionable.

3. The impersonation of any person or entity in any part of a gift message.

4. The transmission of any content that would violate the intellectual property rights of any other person or entity.

SolNé reserves the right, but is not obligated, to restrict or remove any and all content from a gift message that we determine, in our sole discretion, to violate these guidelines or applicable law or to be otherwise harmful to us, to other SolNé customers, or to any other person or entity.

Colors

We have done our best to display as accurately as possible the colors of the products shown on this web site. However, because the colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any color will be accurate.

Price Quotations

The prices displayed on this site are quoted in U.S. Dollars and are valid and effective only in the United States. Additional shipping and other charges may apply for orders outside of the United States or into U.S. territories. You will be advised of such charges and your responsibility for any portion thereof before we finalize and ship your order. Furthermore, while we do our best to assure that the taxes quoted for a particular order are accurate for the applicable location to which the order is being shipped, should an erroneous quote be provided, we will notify you of such error before finalizing and shipping your order. You will be responsible for all applicable taxes, regardless of the amount quoted on this web site at the time of your order.

 

Merchandise Availability

We cannot guarantee that all of the merchandise displayed on our website will be available at all times. If merchandise is not available by the time your order processes, we will notify you by email. You can always verify availability by calling Customer Service at 1-877-770-3337. You will receive a shipping confirmation email once your items have shipped.

 

Faulty Merchandise

Rarely, merchandise may be faulty. You may obtain a full refund or replacement by calling Customer Service at 1-877-770-3337. We sincerely regret any inconvenience this causes. We appreciate your business.

 

Risk of Loss

We will arrange for shipment of ordered product(s) to you, Free On Board (F.O.B.) shipping point, meaning title to the product(s) and risk of loss passes to you upon delivery to the carrier. We reserve a purchase money security interest in the product(s) until our receipt of the full amount due. You agree to allow us to sign appropriate documents on your behalf to permit us to protect our purchase money security interest. We will advise you of estimated shipping dates, but we will, under no circumstances, be responsible for delays in delivery, and associated damages, due to events beyond our reasonable control, including without limitation, acts of God or public enemy, acts of federal, state, or local government, fire, floods, civil disobedience, strikes, lockouts, and freight embargoes.

 

Disclaimer

THIS SITE AND ALL CONTENTS OF THIS SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE AND IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, WE DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, FOR ANY MERCHANDISE OFFERED ON THIS SITE. WE DO NOT WARRANT THAT YOUR USE OF THIS SITE WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT THIS SITE OR ITS SERVER ARE FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS. ALTHOUGH WE ENDEAVOR TO PROVIDE ACCURATE INFORMATION, WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE ACCURACY OR RELIABILITY OF INFORMATION ON THIS SITE. YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF OUR SITE, AND THAT SOLNÉ SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THIS SITE. THIS DISCLAIMER DOES NOT APPLY TO ANY PRODUCT WARRANTY OFFERED BY THE MANUFACTURER OF THE ITEM. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THESE TERMS OF USE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.

 

Limitation of Liability

UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE, SHALL SOLNÉ OR ANY OF ITS AFFILIATES, EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS, CONTENT SUPPLIERS, OR PRODUCT SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY DIRECT OR INDIRECT LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE, SPECIAL OR OTHERWISE), INJURY, CLAIM, OR LIABILITY OF ANY KIND OR CHARACTER WHATSOEVER ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE SITE OR ANY INFORMATION OR MATERIALS PROVIDED ON THE SITE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF OUR AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL WE BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE FEES PAID BY YOU IN CONNECTION WITH YOUR USE OF THE SITE DURING THE SIX MONTH PERIOD PRECEDING THE DATE ON WHICH THE CLAIM AROSE. WE ARE NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH THE SITE OR ANY MATERIALS ON THE SITE, OR WITH ANY OF OUR TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS US, OUR SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, DISTRIBUTORS, VENDORS, AND AFFILIATES FROM AND AGAINST ANY AND ALL THIRD PARTY CLAIMS, DEMANDS, LIABILITIES, COSTS, OR EXPENSES, INCLUDING REASONABLE ATTORNEYS' FEES, RESULTING OR ARISING OUT OF YOUR BREACH OF ANY OF THESE TERMS OF USE.

 

Indemnification

You agree to defend, indemnify, and hold SolNé harmless from and against any and all claims, damages, costs, and expenses, including attorneys' fees, arising from or related to your use of the site, including, without limitation, your use of this SolNe.com web site in violation of these Terms of Use.

Governing Law and Jurisdiction

Any dispute arising out of or related to these Terms of Use or the sales transaction between you and us shall be governed by the laws of the State of Colorado, without regard to its conflicts of law rules. Specifically, the validity, interpretation, and performance of these Terms of Use shall not be governed by the United Nations Convention on the International Sale of Goods. You consent to the exclusive jurisdiction and the exclusive venue of the State Courts of the State of Colorado, Denver County, to resolve any dispute between us, and you waive all rights to contest this exclusive jurisdiction and venue of such Courts. Finally, you also agree not to bring any legal action, based upon any legal theory including contract, tort, and equity or otherwise, against us that is more than one year after the date of the related invoice.

Severability

If any provision contained in these Terms of Use is or becomes invalid, illegal, or unenforceable in whole or in part, such invalidity, illegality, or unenforceability shall not affect the remaining provisions and portions of these Terms of Use, and the invalid, illegal, or unenforceable provision shall be deemed modified so as to have the most similar result that is valid and enforceable under applicable Colorado law.

Waiver

The failure of either party to require performance by the other party of any provision of these Terms of Use shall not affect in any way the first party's right to require such performance at any time thereafter. Any waiver by either party of a breach of any provision in these Terms of Use shall not be taken or held by the other party to be a continuing waiver of that provision unless such waiver is made in writing.

 Entire Agreement

These Terms of Use, together with our invoice regarding the products ordered by you, are the complete and exclusive agreement between you and us, and they supersede all prior or contemporaneous proposals, oral or written, understandings, representations, conditions, warranties, and all other communications between you and us relating to the subject products. These Terms of Use may not be explained or supplemented by any prior course of dealings or trade by custom or usage.

Privacy

We respect your privacy. You acknowledge that any personal information that you provide through this web site will be used by us in accordance with our Privacy Policy.

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