PLEASE READ THESE TERMS CAREFULLY. SECTION 18 CONTAINS A BINDING ARBITRATION AGREEMENT AND A CLASS ACTION WAIVER THAT AFFECT YOUR LEGAL RIGHTS. YOU MAY OPT OUT OF ARBITRATION WITHIN 30 DAYS.
01
Agreement
These Terms & Conditions (“Terms”) are an agreement between you and Solvyn Skin LLC, a Florida limited liability company (“Solvyn,” “we,” “us,” “our”), governing your access to and use of solvynskin.com and any related pages, features, content and services we operate (together, the “Website”), and your purchase of products from us (“Products”).
By browsing the Website, creating an account, submitting an inquiry or form, submitting content, or placing an order, you agree to these Terms. If you do not agree, please discontinue use of the Website. Our Website uses cookies, pixels and similar technologies, and we share certain information with analytics and advertising partners; those practices, and your choices about them, are described in our Privacy Policy.
Our Privacy Policy and Subscription Terms are incorporated into these Terms by reference. These Terms govern consumer purchases. Wholesale, trade, hospitality and other business-to-business purchases are governed by our Wholesale Terms of Sale and any separate written agreement between us, which control over these Terms in the event of a conflict.
02
Eligibility
You must be at least 18 years of age to use this Website, submit information through our forms, or purchase Products. By using the Website you represent and warrant that you are at least 18 years old and have the legal capacity to enter into these Terms.
If you are accessing the Website on behalf of a company or other legal entity, you represent and warrant that you have authority to bind that entity, and all references to “you” refer to both you individually and the entity you represent.
Products may be used on children in accordance with the Drug Facts label, but the purchaser must be an adult. The Website is not directed to children under 13 and we do not knowingly collect personal information from them.
03
Accounts
If you create an account, you agree to provide accurate information, keep it current, maintain the confidentiality of your credentials, and notify us promptly of any unauthorized use. You are responsible for all activity under your account.
04
Use of the Website
You may use our Website for lawful purposes only. You agree not to use the Website in any way that violates applicable laws or regulations, or that could harm, disable or impair the Website or interfere with any other party’s use. You agree not to:
- reproduce, distribute or modify any content without our prior written consent;
- use automated systems (bots, scrapers, crawlers) to access the Website, except a search engine building a publicly available index;
- attempt to gain unauthorized access to any part of the Website, or circumvent security measures, rate limits or access controls;
- reverse engineer, decompile or attempt to derive source code;
- transmit any viruses, malware or harmful code;
- impersonate any person or misrepresent your affiliation;
- use the Website to build, benchmark or market a competing product; or
- use the Website for any fraudulent or deceptive purpose.
05
Intellectual Property
All content on this Website — including but not limited to text, graphics, logos, images, photographs, product formulations, trademarks, trade dress and software — is the property of Solvyn Skin LLC or its licensors and is protected by United States and international copyright, trademark and other intellectual property laws. “Solvyn,” “Solvyn Skin,” “Shield by Solvyn,” and all associated logos, designs and trade dress are trademarks of Solvyn Skin LLC.
We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Website for personal, non-commercial purposes. This license does not include the right to collect, aggregate, copy, duplicate, display or create derivative works from any content on the Website without our prior written consent. Any unauthorized use of our content may violate copyright, trademark and other applicable laws.
If you believe content on the Website infringes your copyright, send a notice containing the elements required by 17 U.S.C. §512(c)(3) to info@solvynskin.com, Attn: Copyright Agent, Solvyn Skin LLC, Miami, FL 33181. We terminate the accounts of repeat infringers in appropriate circumstances.
06
Product Information and Intended Use
Solvyn Shield is an over-the-counter drug product regulated by the U.S. Food and Drug Administration under the sunscreen monograph. Use only as directed by the Drug Facts label on the carton. Read the full label before use, including all warnings, the active ingredient statement and the directions.
Sun protection measures. Spending time in the sun increases your risk of skin cancer and early skin aging. To decrease this risk, regularly use a broad spectrum sunscreen with an SPF value of 15 or higher and other sun protection measures, including limiting time in the sun, especially from 10 a.m. to 2 p.m., and wearing long-sleeved shirts, pants, hats and sunglasses.
Individual sensitivities vary. Review the full ingredient list on the packaging before use, and consider performing a patch test before first use. Stop use and ask a doctor if rash occurs. Keep out of reach of children. If swallowed, get medical help or contact a Poison Control Center right away.
No medical advice. The Website’s editorial content, blog posts, FAQs and any automated assistants are provided for general information only and do not constitute medical advice. Nothing on the Website replaces consultation with a physician, dermatologist or other qualified health care provider. If you have specific concerns about sun protection, skin sensitivity, allergies or skin health, consult a qualified healthcare professional before use, including before use on a child.
We strive to provide accurate and up-to-date product information, including descriptions, ingredients, SPF ratings and usage guidelines. However, we do not warrant that product descriptions or other Website content are accurate, complete, current or error-free. Product images are illustrative and may differ from the actual product in appearance, packaging or labeling.
07
Orders, Pricing and Payment
All prices are in U.S. dollars and apply only in the United States. Prices, promotions and availability are subject to change without notice and do not apply retroactively to orders already placed.
Your order is an offer to purchase. We accept it only when we ship. We may decline or cancel any order, in whole or in part, at our discretion — including for suspected fraud, pricing or listing errors, quantity limits, suspected resale, or unavailability. If we cancel, we will not charge you, or we will refund any charge already made. We may limit quantities per person, household, payment method or address.
Personal use only. Products purchased through our consumer checkout, including samples and promotional or hotel amenity product, are for personal use and are not for resale. You may not resell, distribute or list those Products through any channel without our prior written authorization. This restriction does not apply to Products purchased under a separate written wholesale agreement with us, which are governed by our Wholesale Terms of Sale and may be resold only on the terms stated there.
Payments are processed by a third-party payment processor. You represent that you are authorized to use the payment method you provide, and you authorize us and our processor to charge it for the total order amount, including taxes and shipping. We do not receive or store full payment card numbers. Your card issuer may apply its own fees or decline a transaction, and we are not responsible for that. You are responsible for all applicable sales and use taxes, calculated at checkout based on your shipping address.
08
Shipping and Delivery
We currently ship only to addresses within the 50 United States. We do not ship internationally. If you access the Website from outside the United States, you are responsible for compliance with the laws of that jurisdiction, and we make no representation that the Products comply with regulations outside the United States.
Delivery windows are estimates, not guarantees, and carrier delays are outside our control. “Shipping time” refers to time in transit and does not include the time required to prepare, pack and ship your order. Unless we state otherwise at checkout, orders will ship within 45 days of order confirmation.
Title and risk of loss pass to you upon delivery of the Products to the carrier. If a package is confirmed delivered by the carrier but you did not receive it, contact us within 14 days and we will work with you in good faith, although we are not obligated to replace packages lost after carrier delivery.
Shipping promotions, including free shipping at qualifying order values or quantities and free shipping on active subscriptions, are described at checkout and may be modified or discontinued prospectively.
09
Returns and Refunds
This section is our returns and refunds policy.
Sealed sachets. If you change your mind, you can ask for a refund within 30 days of delivery for any sachet that is still sealed. Email info@solvynskin.com with your order number and a photo of the sealed sachets. You don’t need to send them back. We refund the price you paid for each sealed sachet. For example, if you open 3 sachets from a 20-pack, we refund 17/20 of what you paid for that pack.
Opened sachets. We can’t refund opened sachets, except as described under “Damaged, leaking or wrong items”.
Damaged, leaking or wrong items. If your order arrives damaged, a sachet is leaking, or we sent the wrong item, email us within 30 days of delivery with your order number and a photo. We will send a replacement or refund you in full, including any shipping you paid, whichever you prefer. You don’t need to send anything back.
Shipping charges. We don’t refund the shipping you paid, unless the problem was our mistake.
Subscription boxes. Each monthly box is covered by this section in the same way as a one-time order. If we charge you after you asked us to cancel, we refund that charge in full and you may keep the box.
How refunds are paid. We refund to your original payment method within 5 business days of approving your request. Your bank may take a few more days to show it.
Skin reactions. If rash or irritation develops and lasts, stop use and ask a doctor, as the label says. Please tell us too, at info@solvynskin.com or (305) 209-8451.
Purchases elsewhere. Products bought from a marketplace or another retailer follow that seller’s policy (see Section 11).
Your rights. Nothing in this section limits any right you have under the law where you live.
10
Subscriptions
If you choose a monthly subscription, it is also governed by our Subscription Terms, which form part of these Terms. Your subscription renews automatically each month, and we charge your payment method each month, until you cancel. You can pause or cancel online at any time on Your subscription in your solvynskin.com account, which you can also reach from “Pause or cancel subscription” at the bottom of every page of solvynskin.com. You can also email info@solvynskin.com.
11
Marketplace and Retail Purchases
Products purchased through Amazon, TikTok Shop, or any other marketplace or authorized retailer are governed by that platform’s or retailer’s own terms, returns and refund policies, and not by these Terms. Products purchased on solvynskin.com cannot be returned to any retail location, and products purchased at retail cannot be returned to us.
12
Promotions and Codes
Promotional codes, hotel and partner guest codes, bundle pricing and other offers are subject to their own stated terms, are limited to the intended recipient, cannot be combined unless we state otherwise, have no cash value, and may be modified or revoked. We may cancel any order using a code obtained or applied improperly.
13
Inquiries, Sample Kits, Partnership and Wholesale Requests
Our Website provides contact forms, sample kit request forms and partnership inquiry forms. By submitting information through these forms, you represent that all information provided is accurate, current and complete. We reserve the right to decline or disregard any inquiry at our sole discretion.
Submission of an inquiry or sample kit request does not create a binding agreement, contractual obligation or business relationship between you and Solvyn Skin LLC. We will endeavor to respond to inquiries in a timely manner but do not guarantee response times or the availability of sample kits. Any business partnership or wholesale arrangement is subject to a separate written contract.
Sample kits and amenity product are provided at no charge, are not sold, and are not for resale.
Approved wholesale, trade and hospitality accounts purchase under our Wholesale Terms of Sale. Wholesale pricing, minimums, payment terms and resale authorization are set out there and in any separate written agreement, and are not available through the consumer checkout.
14
User Content and Submissions
If you submit reviews, photos, videos, comments or other material to the Website, or tag us or use our hashtags on public social media and confirm your consent when we ask, you grant Solvyn a non-exclusive, worldwide, royalty-free, sublicensable, transferable, perpetual and irrevocable license to use, reproduce, modify, adapt, publish, display, distribute and create derivative works from that material, and to use your name, handle, likeness and voice in connection with it, in any media now known or later developed, for marketing, advertising and the operation of our business, without compensation to you.
You represent and warrant that you own or control the rights to the content you submit, that everyone appearing in it is at least 18 years old and has consented, that it is truthful and reflects your honest experience, and that it does not infringe any third party’s rights or violate any law, including the Federal Trade Commission’s Endorsement Guides. Do not submit content that is unlawful, defamatory, harassing, obscene or deceptive, or that makes claims about our Products beyond those appearing on our label.
We are not obligated to use, monitor or retain any submission, and we may remove any content at any time. Questions, comments, suggestions, ideas and feedback you send us are non-confidential, and we may use them freely for any purpose without compensation or attribution to you.
15
Disclaimer of Warranties
EXCEPT FOR THE EXPRESS COMMITMENTS IN SECTION 9 AND ANY WARRANTY THAT CANNOT BE DISCLAIMED UNDER APPLICABLE LAW, THE WEBSITE AND THE PRODUCTS ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED, SECURE OR ERROR-FREE.
16
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, SOLVYN SKIN LLC AND ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, CONTRACTORS, ADVISORS, SUPPLIERS AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION, ARISING FROM YOUR USE OF, OR INABILITY TO USE, THE WEBSITE OR OUR PRODUCTS, ON ANY THEORY OF LIABILITY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE FULLEST EXTENT PERMITTED BY LAW, OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE WEBSITE, THE PRODUCTS OR THESE TERMS SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US IN THE TWELVE MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100).
NOTHING IN THIS SECTION LIMITS LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE, FOR FRAUD OR FRAUDULENT MISREPRESENTATION, OR FOR ANY OTHER LIABILITY THAT CANNOT BE LIMITED UNDER APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW CERTAIN EXCLUSIONS OR LIMITATIONS, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.
17
Indemnification
You agree to indemnify and hold harmless Solvyn Skin LLC and its members, managers, officers, directors, employees, contractors and agents from any claims, damages, losses, liabilities, costs and expenses (including reasonable legal fees) arising from your use of the Website, your misuse of the Products, your user content, your violation of these Terms, or your violation of any law or third-party right.
18
Dispute Resolution, Arbitration and Class Action Waiver
18.1 Informal resolution first
Before initiating any formal proceeding, you agree to first contact us at info@solvynskin.com, or at Solvyn Skin LLC, Miami, FL 33181, with your name, address, email address, telephone number, a description of the dispute and the relief you are seeking. We will do the same. Both parties agree to attempt in good faith to resolve the matter within thirty (30) days. Completing this process is a precondition to filing.
18.2 Binding individual arbitration
If the dispute is not resolved within 30 days, any dispute arising out of or relating to these Terms, the Website, the Products or our relationship will be resolved by final and binding individual arbitration administered by the American Arbitration Association (AAA) under its consumer arbitration rules then in effect. The Federal Arbitration Act governs this agreement to arbitrate. The arbitrator has exclusive authority to resolve all issues, including arbitrability. The seat of arbitration is Miami-Dade County, Florida, and hearings may be conducted by telephone or video. Judgment on the award may be entered in any court of competent jurisdiction.
18.3 Class action waiver
ALL CLAIMS MUST BE BROUGHT IN AN INDIVIDUAL CAPACITY ONLY. NEITHER PARTY MAY BRING OR PARTICIPATE IN A CLASS, COLLECTIVE, CONSOLIDATED OR REPRESENTATIVE ACTION OR ARBITRATION. If this waiver is held unenforceable as to a particular claim, that claim proceeds in court and this arbitration agreement does not apply to it.
18.4 Exceptions
Either party may bring an individual claim in small claims court in the county of your residence if the claim qualifies. Either party may seek injunctive relief in court to protect its intellectual property rights.
This Section 18 applies to consumer purchases and to use of the Website. It does not apply to disputes arising under a wholesale, trade or other business-to-business agreement, which are governed by the dispute resolution provisions of that agreement.
18.5 Your right to opt out
You may opt out of this Section 18 by emailing info@solvynskin.com with the subject line “Arbitration Opt-Out,” your full name and address, and a clear statement that you are opting out, within 30 days of first accepting these Terms. Opting out does not affect any other part of these Terms. If you opt out, we are not bound by Section 18 either.
18.6 Time limit
Any claim must be brought within one year after it arises, or it is permanently barred, to the extent permitted by applicable law.
19
Third-Party Links
Our Website may contain links to third-party websites, services or content, including social media platforms. We are not responsible for the content, privacy practices or availability of these external sites. Accessing third-party links is at your own risk, and we make no representations regarding the content or accuracy of materials on those sites.
20
Termination
We may suspend or terminate your access to the Website or refuse any order at any time, with or without notice, including for suspected fraud or breach of these Terms. Provisions that by their nature should survive — including user content licenses, intellectual property, disclaimers, limitation of liability, indemnification and Section 18 — survive termination.
21
General
Governing law. These Terms are governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law provisions. Where Section 18 permits litigation, venue is exclusively in the state and federal courts located in Miami-Dade County, Florida, and you consent to the personal jurisdiction of such courts.
Severability. If any provision of these Terms is held invalid, illegal or unenforceable, it shall be modified to the minimum extent necessary to make it enforceable, or if modification is not possible, severed. The remaining provisions continue in full force and effect.
Waiver. No waiver of any term shall be deemed a further or continuing waiver of that term or any other term. Our failure to enforce any right or provision does not constitute a waiver of it.
Force majeure. We are not liable for delays or failures caused by events beyond our reasonable control, including supply chain disruption, carrier failure, natural disaster, labor disruption or governmental action.
Assignment. You may not assign these Terms. We may assign them freely, including in connection with a merger, financing or sale of assets.
Entire agreement. These Terms, together with our Privacy Policy, Subscription Terms and any other legal notices published on the Website, constitute the entire agreement between you and Solvyn Skin LLC regarding the Website and the Products.
22
Changes to These Terms
We reserve the right to update these Terms at any time. We will post the revised version with a new effective date, and where the change is material we will provide notice by email or by a notice on the Website. Your continued use of the Website after changes take effect constitutes acceptance of the revised Terms. Orders are governed by the Terms in effect at the time the order was placed.
23
Contact Us
- Solvyn Skin LLC
- Miami, FL 33181
- Email: info@solvynskin.com
- Phone: (305) 209-8451
- Website: solvynskin.com
- State of Formation: Florida, United States
