Solo Soles Terms of Use

Solo Soles is an online peer-to-peer marketplace designed primarily to enable individuals to buy and sell individual shoes rather than pairs of shoes.

Solo Soles provides the technology and marketplace through which buyers and sellers can locate one another and facilitate transactions.

Unless expressly identified otherwise, Solo Soles does not own, manufacture, inspect, possess, warehouse, or sell the items listed by third-party sellers.

The seller, and not Solo Soles, is responsible for the item offered for sale and for the accuracy and legality of the listing.

Solo Soles may facilitate payments, shipping, communications, refunds, disputes, and other marketplace services.

You must be at least 18 years old and legally capable of entering into a binding contract to create a seller account or enter into transactions through Solo Soles.

By creating an account, you represent that the information you provide is accurate and that you meet all eligibility requirements.

Certain Platform features require an account.

You are responsible for:

• Providing accurate account information;
• Maintaining the confidentiality of your password and credentials;
• Keeping your contact and payment information current;
• All activity conducted through your account; and
• Promptly notifying Solo Soles if you believe your account has been compromised.

You may not impersonate another person or create an account using false or misleading information.

Solo Soles may suspend, restrict, or terminate accounts that violate these Terms or create a risk to users or the Platform.

Solo Soles facilitates transactions between independent buyers and sellers.

When a buyer purchases an item, the buyer enters into a transaction for that item with the seller.

Sellers are responsible for accurately describing their items, fulfilling orders, properly packaging items, and shipping them within the required time.

Buyers are responsible for reviewing listings carefully before purchasing, including confirming:

• LEFT or RIGHT shoe;
• Shoe size;
• Width;
• Brand;
• Style;
• Condition;
• Price; and
• Shipping information.

Because Solo Soles specializes in individual shoes, confirming the correct side is particularly important.

Solo Soles uses a standardized identification system:

Color is provided as an additional visual aid. Buyers and sellers should always rely on the written LEFT/RIGHT designation and L/R identifier in addition to color.

Sellers must provide truthful, complete, and accurate information.

Each listing must accurately identify whether the item is a LEFT or RIGHT shoe.

Sellers must disclose material information concerning an item's condition, including significant wear, damage, stains, defects, alterations, missing components, or other conditions that could reasonably affect a buyer's purchasing decision.

Photographs must accurately depict the actual item being offered unless Solo Soles expressly permits another form of image.

Sellers may not intentionally miscategorize an item or use misleading titles, descriptions, photographs, brands, sizes, or other information.

Sellers may list only items they own or are legally authorized to sell.

Counterfeit, replica, fraudulent, stolen, or unlawfully obtained merchandise is prohibited.

A seller represents by creating a listing that the item is authentic to the best of the seller's knowledge.

Solo Soles may remove listings, cancel transactions, request additional information, suspend accounts, or take other action when authenticity or ownership is reasonably questioned.

Sellers determine the fixed selling price for their items subject to any marketplace rules established by Solo Soles.

Solo Soles does not currently provide auction-style bidding.

Prices and marketplace functionality may be subject to minimums, maximums, promotional rules, or other restrictions established by Solo Soles.

Listing an item is currently free unless otherwise disclosed before the listing is submitted.

When an item sells, Solo Soles currently charges the seller a marketplace fee equal to 10% of the item selling price, unless a different fee is clearly disclosed before the seller confirms the listing or transaction.

Solo Soles may change its fees prospectively.

Any changed fee will apply only as disclosed in connection with future transactions and will not retroactively change the marketplace fee for a completed transaction.

Payment processing, shipping, taxes, refunds, chargebacks, or other transaction costs may be handled separately as disclosed through the Platform.

Payments must be completed through payment methods authorized by Solo Soles.

Users may not use Solo Soles primarily to locate another user and then deliberately move the transaction outside the Platform to avoid Solo Soles fees or marketplace protections.

Solo Soles may use third-party payment processors or marketplace payment providers.

By using payment services, users may also be subject to applicable terms and privacy policies of those providers.

Solo Soles does not store complete payment card or bank account credentials when those credentials are handled directly by an authorized payment processor.

Seller proceeds may be distributed through a third-party payment provider.

Payouts may be delayed or withheld when reasonably necessary to address:

• Payment processing;
• Fraud prevention;
• Identity verification;
• Shipment verification;
• Buyer disputes;
• Returns;
• Chargebacks;
• Suspected policy violations;
• Legal requirements; or
• Other marketplace risks.

Solo Soles does not guarantee that funds will become immediately available following a sale.

Unless otherwise stated, sellers are responsible for packaging and timely shipment of sold items.

Sellers must ship to the address provided through the authorized Solo Soles transaction.

Tracked shipping may be required.

Sellers should not ship an item to an alternative address supplied through an external message or communication unless Solo Soles expressly authorizes the change.

Buyers are responsible for providing an accurate delivery address.

Additional shipping requirements may be contained in the Seller Policy.

Applicable taxes may be calculated, collected, reported, or remitted as required by law.

Taxability may vary based on the product, buyer location, seller location, transaction, and applicable jurisdiction.

Where Solo Soles is legally required to collect and remit sales or similar taxes as a marketplace facilitator or otherwise, Solo Soles may do so.

Sellers remain responsible for their own income tax and other tax obligations arising from their sales.

Nothing provided through Solo Soles constitutes individual tax advice.

Purchases may be eligible for return, refund, reimbursement, or other relief under the Solo Soles Buyer Protection Policy and Returns and Refunds Policy.

Potentially covered circumstances may include:

• Wrong item received;
• Wrong LEFT/RIGHT side received;
• Materially incorrect size;
• Item materially different from its listing;
• Undisclosed significant damage;
• Counterfeit merchandise; or
• Item not received.

A buyer's failure to review an accurate listing, change of mind, or purchase of an accurately listed but unsuitable size does not necessarily entitle the buyer to a seller-funded return or refund.

The applicable Buyer Protection and Returns and Refunds Policies are incorporated into these Terms.

Solo Soles may provide tools allowing users to communicate.

Users may not use those tools to:

• Harass or threaten another person;
• Send unlawful or fraudulent communications;
• Solicit payment outside the Platform to circumvent fees;
• Transmit malware;
• Send spam;
• Discriminate against another user; or
• Improperly request sensitive personal or medical information.

Solo Soles serves individuals with many different footwear needs, but Solo Soles is not a healthcare provider.

Users are not required to disclose a medical diagnosis, disability, or health condition to purchase or sell an ordinary item through the Platform.

Solo Soles does not provide medical advice regarding footwear.

Information appearing on the Platform should not be treated as a substitute for advice from an appropriate healthcare professional.

Users may not:

• Violate applicable laws;
• Commit fraud;
• Sell prohibited merchandise;
• Infringe intellectual property rights;
• Manipulate reviews or ratings;
• Create misleading listings;
• Interfere with Platform security;
• Scrape or harvest user information without authorization;
• Introduce malicious code;
• Attempt unauthorized access to accounts or systems;
• Circumvent marketplace fees;
• Abuse refund or buyer protection programs; or
• Use the Platform in a manner that harms Solo Soles or its users.

The Solo Soles name, logo, branding, Platform design, original text, graphics, software, and other proprietary materials are owned by Solo Soles or its licensors and are protected by applicable intellectual property laws.

These Terms do not grant users ownership of Solo Soles intellectual property.

Users retain ownership of content they submit, subject to the license below.

When you upload photographs, descriptions, reviews, or other content to Solo Soles, you grant Solo Soles a non-exclusive, worldwide, royalty-free license to host, reproduce, display, format, distribute, and use that content as reasonably necessary to operate, promote, secure, and improve the Platform.

You represent that you have the right to provide and authorize use of that content.

Solo Soles may integrate with third-party services for payment processing, shipping, analytics, communications, identity verification, hosting, and other functions.

Solo Soles is not responsible for independent third-party services outside its reasonable control.

Solo Soles may modify, update, suspend, or discontinue Platform functionality.

We do not guarantee uninterrupted or error-free operation.

Maintenance, technical problems, security issues, third-party outages, or circumstances beyond our control may affect availability.

Solo Soles may restrict, suspend, or terminate an account when reasonably necessary to:

• Enforce these Terms;
• Protect users;
• Prevent fraud;
• Comply with law;
• Investigate suspicious activity; or
• Protect the integrity of the marketplace.

Where appropriate, Solo Soles may also cancel listings or transactions.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE."

SOLO SOLES DOES NOT GUARANTEE THE QUALITY, SAFETY, LEGALITY, AUTHENTICITY, FIT, CONDITION, OR ACCURACY OF THIRD-PARTY ITEMS OR LISTINGS.

SOLO SOLES DOES NOT GUARANTEE THAT A PARTICULAR SHOE WILL FIT OR BE APPROPRIATE FOR A USER'S INDIVIDUAL NEEDS.

NOTHING IN THESE TERMS EXCLUDES WARRANTIES OR RIGHTS THAT CANNOT LEGALLY BE DISCLAIMED.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SOLO SOLES AND ITS OWNERS, AFFILIATES, OFFICERS, EMPLOYEES, CONTRACTORS, AND AGENTS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING FROM USE OF THE PLATFORM.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SOLO SOLES' AGGREGATE LIABILITY ARISING FROM A PARTICULAR TRANSACTION WILL NOT EXCEED THE GREATER OF THE AMOUNT OF FEES PAID TO SOLO SOLES IN CONNECTION WITH THAT TRANSACTION OR $100.

THIS LIMITATION DOES NOT APPLY TO LIABILITY THAT CANNOT LAWFULLY BE LIMITED OR EXCLUDED.

To the extent permitted by law, you agree to indemnify and hold harmless Solo Soles and its owners, affiliates, officers, employees, contractors, and agents from third-party claims, losses, liabilities, and reasonable expenses arising from:

• Your violation of these Terms;
• Your violation of law;
• Your infringement of another person's rights;
• Your listings or products;
• Your fraudulent or wrongful conduct; or
• Content you submit through the Platform.

Unless applicable law requires otherwise, these Terms are governed by the laws of the State of New Jersey, without regard to conflict-of-law principles.

Before filing a legal claim against Solo Soles concerning the Platform, you agree to first contact Solo Soles and make a good-faith effort to resolve the dispute informally.

Any additional dispute-resolution, arbitration, venue, class-action waiver, or similar provisions should be included here only after being specifically reviewed and adopted by Solo Soles.

Solo Soles may update these Terms.

When material changes are made, we will update the "Last Updated" date and provide additional notice when legally required.

Continued use of the Platform after updated Terms become effective constitutes acceptance to the extent permitted by applicable law.

If any provision of these Terms is determined to be invalid or unenforceable, the remaining provisions remain in effect to the fullest extent permitted by law.

These Terms, together with the policies incorporated by reference, constitute the agreement between you and Solo Soles concerning use of the Platform.

Questions regarding these Terms may be directed to: