Terms of Service


Introduction

These Terms of Service (the “Agreement”) govern your access to and use of  Sommer Daily Wear (the “Platform”), as well as all purchases and transactions made through the Platform. By using the Platform, you agree to comply with and be bound by this Agreement.

1. Acceptance of the Agreement

By registering an account, browsing the Platform, or completing a purchase, you acknowledge that you have read, understood, and agree to all terms and conditions of this Agreement, including any future updates.

2. Capacity to Agree

You represent and warrant that you have the legal capacity to enter into this Agreement. If you are a minor (under the legal age of majority in your jurisdiction), you must have the express consent of a parent or legal guardian to use the Platform and be bound by this Agreement.

3. Right to Modify the Agreement

We reserve the right to modify, update, or revise this Agreement at any time, in our sole discretion. Such changes will be effective immediately upon being posted on the Platform. Your continued use of the Platform after the posting of revised terms constitutes your acceptance of the modified Agreement.

4. Account Security

You are solely responsible for securing your account credentials, including your password. You agree to notify us promptly of any unauthorized access to your account or any breach of security. We shall not be liable for any damages resulting from your failure to maintain account security.

5. Product Information

We strive to provide accurate and reliable product information on the Platform, but we do not make any warranties or representations regarding the accuracy, completeness, or timeliness of such information. Product descriptions and specifications are subject to change without notice.

6. Intellectual Property Ownership

All intellectual property rights in and to the Platform, including but not limited to content, graphics, logos, trademarks, and software, are owned exclusively by Sommer Daily Wear. You may not use, copy, reproduce, or distribute any such intellectual property without our prior written consent.

7. User Content License

You retain ownership of any content you post, upload, or share on the Platform (“User Content”). However, by submitting User Content, you grant us a non-exclusive, worldwide, royalty-free license to use, display, reproduce, and distribute such content for business purposes, including but not limited to marketing, promotion, and Platform improvement.

8. Prohibited Actions

You agree not to:
  • Access the Platform through any unauthorized means, including but not limited to automated scripts, bots, or hacking tools.
  • Attempt to reverse engineer, modify, or tamper with the Platform’s software, systems, or security measures.
  • Use the Platform for any commercial purposes, including reselling products or promoting third-party services, without our written authorization.

9. Order Acceptance

Your order is an offer to purchase the products specified in the order. We may accept or reject your offer in our sole discretion. Acceptance of your order occurs when we ship the products and send you a shipping confirmation email, at which point a binding contract is formed.

10. Pricing Accuracy

We make every effort to ensure that product prices on the Platform are accurate. However, if a pricing error is identified (e.g., due to a typo, system error, or misinformation), we reserve the right to cancel the order, refund any payments made, and inform you of the error. We are not obligated to fulfill orders placed at an incorrect price.

11. Shipping Obligations

For orders shipped to Canada, the customer is responsible for complying with all local laws, customs regulations, and import requirements of the destination country. This includes paying all applicable duties, taxes, and customs fees, which are the sole responsibility of the customer.

12. Satisfaction Guarantee

We offer a 30-day satisfaction guarantee on all regularly priced products. If you are not completely satisfied, eligible items may be returned within 30 days of delivery per our Refund & Return Policy. Refunds are subject to review based on item condition, packaging, and compliance with return requirements.

13. Service Availability Disclaimer

We do not warrant that the Platform or its services will be available without interruption, error-free, or at all times. We may suspend, terminate, or modify the Platform or any part of it at any time without prior notice, and we shall not be liable for any damages resulting from such actions.

14. Limitation of Liability for Consequential Damages

To the maximum extent permitted by applicable law, Sommer Daily Wear shall not be liable for any indirect, special, incidental, consequential, or punitive damages arising out of or in connection with your use of the Platform or purchase of our products, regardless of the cause of action.

15. Dispute Resolution

Any disputes, claims, or controversies between you and Sommer Daily Wear arising out of or relating to this Agreement, the Platform, or your purchases shall be resolved through binding arbitration administered by the American Arbitration Association (AAA) in accordance with its rules. Arbitration shall be the exclusive remedy for such disputes.
This Agreement shall not be construed to limit or waive any rights you may have under applicable consumer protection laws that cannot be lawfully restricted in your jurisdiction.

16.Governing Law

These Terms and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with them or their subject matter shall be governed by and construed in accordance with the laws of the United States and the state where our company is registered, without giving effect to any conflict of law principles. The courts located in Pennsylvania shall have exclusive jurisdiction over any such disputes or claims, except where mandatory consumer protection laws in your jurisdiction provide you with additional rights.