Terms of Service

SOCK PANDA TERMS OF SERVICE, USE AND PURCHASE

 Welcome to Sock Panda! This website located at www.sockfancy.com (this “Site”) is owned and operated by Sock Panda, LLC,. Sock Panda provides website features and other products and services to you when you visit, shop or purchase items from this Site, access this Site from your mobile devices, or use software provided by Sock Panda in connection with any of the foregoing (collectively, “Sock Panda Services”). Sock Panda provides its products and services subject to these Terms of Service.

 By using the Sock Panda Services, you agree to these conditions. Please ready them carefully.

 By accessing or using this Site, mobile application or other Sock Panda product or service on any computer, mobile phone, tablet, console or other device (collectively, “Device”), you acknowledge and agree that you have read, understand and agree to be bound by these Terms of Service and any other applicable law, whether or not you are a registered member of Sock Panda. You must be at least 18 years old to use this Site or Services. Sock Panda may change these Terms of Service at any time without notice. When we make changes, we will post them here. Your continued use of the Sock Panda Services or enrollment as a Sock Panda Member shall be considered your acceptance to the revised Terms of Service. If you do not agree to these Terms of Service, please do not use this Site or any Sock Panda services and immediately cancel your Sock Panda Membership by calling one of our customer service representatives at 650-307-6257, emailing us at panda@sockpanda.com or simply by visiting your account page at www.sockfancy.com/my-account.

ELECTRONIC COMMUNICATIONS
When you use any Sock Panda Service, or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Site or through the other Sock Panda Services. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

SOCK PANDA SUBSCRIPTION
Sock Panda provides a monthly membership program that grants you monthly or quarterly deliveries of awesomely random socks. To get started, simply take our customize your subscription details. Next, you must register and create a member account through this Site (“Account”). After you have successfully created an Account, you will have the option to select your favorite complete your account details and checkout. There is no registration fee and no obligation to purchase. Our Sock Panda sock experts will continue to determine which sock best matches your account details provided. If you choose to create an Account, you agree to provide and maintain true, accurate, current and complete information about yourself as prompted by the Sock Panda registration form. Registration data and certain other information about you are governed by our Privacy Policy.

SOCK PANDA SUBSCRIPTION PROGRAM (“Sock Game on Autopilot”)
Sock Panda offers subscribers the opportunity to participate in its monthly or quarterly subscription program (the “Sock Game on Autopilot”). To become a Sock Panda Member, simply purchase any Sock Panda subscription provided on this Site or through an applicable Service and you will be automatically enrolled in the Sock Game on Autopilot Program (including the monthly, or quarterly automatic purchase renewal feature). As a Sock Panda subscriber, our experts will send you a customized selection of Sock Panda socks on the purchase date and every renewal purchase day of every month, coinciding with your payment schedule. You will also receive emails, newsletters, special offers and other updates to maximize your shopping experience. As a valued Sock Panda Subscriber, you will enjoy exclusive Sock Panda Member-only pricing and dedicated promotions. You may cancel your Sock Panda Subscription by calling one of our customer service representatives at 470-440-3591, emailing us at panda@sockpanda.com or simply by visiting your account page at https://sockpanda.com/account/login

HOW A SOCK PANDA SUBSCRIPTION WORKS
Upon enrollment in the subscription program, you will receive new monthly shipments of socks on the date of purchase and every month thereafter on your coinciding purchase renewal date. You must make a purchase or log into your account and select the ‘Cancel’ or ‘Suspend’ options at least 24 hours prior to your purchase renewal date. If you do not cancel or pause your subscription prior to this window your credit card may be charged your monthly membership fee equal to the ‘recurring total’ outlined in your initial purchase agreement. You may cancel your Sock Panda Membership by calling one of our customer service representatives at 470-440-3591, emailing us at panda@sockpanda.comor simply by visiting your account page at www.sockfancy.com/my-account. You may ‘Suspend’ as many months as you like, there is no obligation to buy. Even if you decide to ‘Suspend’ any month, you may return to your Account at any time to make a purchase or continue your subscription.

You may cancel your Sock Panda Membership Account at any time. If you wish to cancel your Account, simply call our customer service representatives at 470-440-3591 from 12pm to 7 pm (EST), Monday through Friday. There is no cancellation fee.

SOCK PANDA “PAY ONCE OPTION”
Sock Panda provides a monthly membership program that grants you the option to pay once for the entire subscription length. To get started, simply take our customize your subscription details. Next, you must register and create a member account through this Site (“Account”). After you have successfully created an Account, you will have the option to select your favorite complete your account details and checkout. You will then select the number of months you would like to prepay (3 months, 6 months, 9 months, and 12 months). Our Sock Panda sock experts will continue to determine which sock best matches your account details provided. With this option, you will only be charged one time and your subscription will renew every month for $0 every month for the length of your subscription. You will be automatically renewed after the subscription period ends unless otherwise stated. Registration data and certain other information about you are governed by our Privacy Policy.

SHIPPING

Your first month is processed within and ships within one week. Subscriptions shipping to the United States usually take 7-10 business days to arrive from the ship date. International orders may take up to 3 weeks to arrive. For each month after, you can expect your socks to arrive at roughly the same time every month. International delivery times vary, but usually take 3-4 weeks for your first pair top arrive due to many variables out of our control. Additionally, to get the international shipping cost down so low we are unable to provide tracking information. But if you are having trouble with your shipment, don’t hesitate to get in touch at panda@sockpanda.com

As soon as your order ships, you will be provided with a tracking number via email.

RETURNS & EXCHANGES
Sock Panda strives to provide an amazing shopping experience and superior customer service. If for any reason you are not content with your order, we gladly accept returns and exchanges for all orders within 30 days from the date of shipment and in new, unused condition with original packaging. You will responsible for all return and exchange shipping costs.

Accessories must be returned with all pieces included and intact, and apparel must also be returned unworn, with all tags still attached.

Sock Panda offers and easy exchange options: Simply ship your unused socks back to our warehouse, located at 12839 Washington Blvd., Los Angeles, CA 90066, and upon arrival we will reship you pre-selected pair of socks. You will be responsible for the cost of shipping your original pair back to our warehouse.

 LEAD TIMES

Lead times and estimated delivery dates are determined by product specifications and the Manufacturer selected. Estimation of lead time begins from the point of approved pre-production samples and order acceptance by Sock Panda and may differ from the listed values in the Sock Panda pricing sheet.

We may provide you an estimated delivery window at the time you place an order. Your order may be subject to delays that are outside of our control that may alter the estimated delivery date. Sock Panda will not be responsible for any financial consequences for delays, but will make every reasonable effort to mitigate delays, manage issue resolution with the Manufacturer and the Carrier to provide solutions.

SALES TAX
Sock Panda is required by law to collect sales tax on orders shipped to Calilfornia. If your order is shipping to California, the appropriate charges will be added to your merchandise total and displayed on your final order confirmation. Sock Panda reserves the right to collect sales tax in any other jurisdictions if Sock Panda believes that such collection is required by law.

PAYMENT INFORMATION
To make purchases through the Sock Panda Site or to become a Sock Panda Member you must submit credit card information. You represent and warrant to Sock Panda that such information is true and that you are authorized to use the payment instrument. You will promptly update your Account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur. You authorize Sock Panda to use any updated credit card information submitted by your credit card company directly to Sock Panda . If you dispute any charges, you must inform Sock Panda within thirty (30) days upon receipt of Sock Panda’s invoice. We reserve the right to change Sock Panda prices and fees. Your continued use of the Sock Panda Services after the price change becomes effective constitutes your agreement to pay the changed amount.

GIFT CARDS

Gift card vouchers are limited to one per customer. Gift cards purchased from unauthorized marketplaces may be refused. Sock Panda reserves the right to decline unauthorized Gift Card vouchers.

ACCOUNT CONFIDENTIALITY AND ACCESS
You are solely responsible for maintaining the confidentiality of your Account, all activities occurring under your Account and all access to and use of the Sock Panda Services by anyone using your Account, whether or not such activities and access are actually authorized by you, including but not limited to all communications, transactions and obligations. You agree to accept responsibility for all activities that occur under your account and password. Sock Panda shall not be liable or responsible for any loss or damage arising from any unauthorized use, access or any other breach of security of your Account, including but not limited to your member sign-in password and email address. You acknowledge and accept that your use of the Sock Panda Services is in compliance with these Terms of Service. You further acknowledge and accept that Sock Panda shall have no obligation to investigate the authorization or source of any Account activity, including purchase activity following a proper log-in to this Site or any Services, which is defined as a matching and current member sign-in and user password. You shall notify Sock Panda immediately of any unauthorized access to your Account or any other unauthorized use of any Sock Panda Services.

You agree that Sock Panda may, without prior notice, immediately terminate, limit your access to or suspend your Account based on any of the following: (a) breach or violation of these Terms of Service; (b) upon request by law enforcement; (c) unforeseeable technical or security issues or problems; (d) extended periods of inactivity; or (e) fraudulent, deceptive or illegal activity, or any other activity which Sock Panda believes is harmful to its business interests; or (f) for no reason. You agree that any termination, limitation of access and/or suspension shall be made in the Sock Panda’s sole discretion and that Sock Panda shall not be liable to you or any third party for the termination, limitation of access and/or suspension of your Account.

PROHIBITED USES
Any and all Sock Panda Services may be used only for lawful purposes and are available only for your personal, noncommercial use, which shall be limited to viewing this Site, purchasing products, providing information to Sock Panda , and downloading product information for your personal review. You are responsible for your own communications, including the transmission, posting, and uploading of information and are responsible for the consequences of such communications. Sock Panda specifically prohibits any use of the Sock Panda Service, and requires all users to agree not to use the Sock Panda Services, for any of the following:

• Posting any information which is incomplete, false, inaccurate or not your own;

• Creating multiple accounts for the same user;

• Accessing data not intended for you or logging on to a Sock Panda server or account, which you are not authorized to access;

• Engaging in conduct that would constitute a criminal offense, giving rise to civil liability or otherwise violate any city, state, national or international law or regulation that would fail to comply with accepted Internet protocol;

• Communicating, transmitting, or posting material that is copyrighted or otherwise owned by a third party unless you are the copyright owner or have the permission of the owner to post it;

• Communicating, transmitting, or posting material that reveals trade secrets, unless you own them or have the permission of the owner;

• Communicating, transmitting, or posting material that infringes on any other intellectual property, privacy or publicity right of another;

• Communicating, transmitting, or transferring (by any means) information or software derived from the site to foreign countries or certain foreign nations in violation of any applicable export control laws;

• Attempting to interfere in any way with this Site’s network security, or attempting to use this Site’s service to gain unauthorized access to any other computer system;

• Communicating, transmitting, or posting material that is in violation of applicable laws or regulations;

• Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization (or succeeding in such an attempt);

• Attempting to interfere or interfering with the operation of this Site, Sock Panda’s provision of services to any other visitors to this Site, Sock Panda hosting provider or networks, including, without limitation, via means of submitting a virus to this Site, overloading, “flooding”, “mailbombing” or “crashing” this Site;

• Forging any TCP/IP packet header or any part of the header information in any e-mail or transmission or posting to this Site.

USER CONTENT
Any and all content, comments, feedback, suggestions, ideas, concepts, photos, questions or other communications (collectively, “User Content”) that you submit or post through any Sock Panda Services shall be deemed non-confidential and non-proprietary. By submitting or posting any User Content, you grant to Sock Panda and its affiliates a perpetual, irrevocable, royalty-free, worldwide, sublicensable and transferable license to copy, publish, translate, modify, create derivative works from, distribute, reproduce, display, or use the User Content in any commercial or non-commercial manner whatsoever. Sock Panda will be free to use any ideas, concepts, know-how or techniques contained in such User Content for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products that incorporate or otherwise rely upon such information. Sock Panda  shall have no obligation to monitor User Content, use or display User Content, compensate you for submitting User Content, or respond to any User Content. Sock Panda retains the right, in its sole discretion and without prior notice, to remove, revise or refuse to post any User Content for any reason or no reason.

By connecting to Sock Panda with a third-party service (e.g., Facebook or Twitter), you give us permission to access and use your information from that service as permitted by that service, and to store your log-in credentials for that service.

If you utilize your Facebook account to access and use the social features available through the Sock Panda Services, you can choose whether or not you wish to share content or information related to your Account on Facebook. You agree that Sock Panda is not responsible for any content or information related to your Account once it is shared and posted on Facebook. If you use the Sock Panda Services and its social features, you agree to respect other users of the Sock Panda Services in your interactions with them. Sock Panda reserves the right, in its absolute discretion, to disable your account if it believes that you are violating any term or condition set forth herein.

By submitting User Content, you represent and warrant that the User Content does not (i) contain false or misleading information, (ii) infringe on the intellectual property rights of any third party, (iii) contain any libelous, defamatory, obscene, offensive, threatening or otherwise harassing content, (iv) contain any addresses, email addresses, phone numbers or any contact information, or (v) contain computer viruses, worms or other harmful files. You are solely responsible for the User Content and you hereby agree to indemnify and hold Sock Panda and its employees, agents and affiliates harmless from any and all damages, claims, expenses, costs or fees arising from or in connection with a breach of any of the foregoing representations or your violation of any law or rights of a third party.

PRODUCT INFORMATION
Prices, descriptions and availability of products are subject to change without notice. Errors may be corrected when discovered, and Sock Panda reserves the right to revoke any stated offer in order to correct any errors or inaccuracies. Although Sock Panda has made every effort to display our products and their colors as accurately as possible, the displayed colors of the products depend upon the monitor of the user, and Sock Panda cannot guarantee that the user’s monitor will accurately portray the actual colors of the products. Products displayed may be out-of-stock or discontinued, and prices are subject to change. Sock Panda is not responsible for typographical errors regarding price or any other matter.

PURCHASE CANCELLATIONS
All orders placed through any Sock Panda Services are subject to Sock Panda’s acceptance. This means that Sock Panda may refuse to accept or may cancel any order, whether or not the order has been confirmed, for any or no reason, and without liability to you or anyone else. If your credit card has already been charged for an order that is later cancelled, Sock Panda will issue you a refund.

Sock Panda 
All content, graphics, text, code and software used on or incorporated into this Site and/or any Sock Panda Service, and the arrangement or integration of all such content, graphics, code and software, are subject to copyrights held by or licensed to Sock Panda and all rights thereto are specifically reserved. As between you and Sock Panda , (or any other company whose marks appear on any of the Sock Panda Services), Sock Panda (or the respective company) is the owner and/or authorized user of any registered or unregistered trademark, trade name and/or service mark appearing on any of the Sock Panda Services, and is the copyright owner or licensee of the materials and content contained therein, unless otherwise indicated. The Sock Panda logos, designs, titles, phrases, product names, photographs, images, videos and content and the copyrights, trademarks, service marks, trade dress and/or other intellectual property in such materials (collectively, “ Intellectual Property”) are owned by Sock Panda and may be registered in the United States and internationally. You agree not to display or use the Sock Panda Intellectual Property in any manner without Sock Panda ’ prior written permission. Nothing contained on this Site or in any of the Sock Panda Services should be construed to grant any license or right to use any Sock Panda Intellectual Property without the prior written consent of Sock Panda.

Except as otherwise provided herein, use of the Sock Panda Services does not grant you a license to any materials, content or features you may access on this Site or via the Sock Panda Services and you may not modify, rent, lease, loan, sell, distribute or create derivative works of such materials and content, features or materials, in whole or in part. Any commercial use of the Sock Panda Services is strictly prohibited, except as otherwise approved by us. You may not download or save a copy of any of the materials and content or screens for any purpose except as otherwise provided by Sock Panda . If you make use of the Sock Panda Services, other than as provided herein, in doing so you may violate copyright and other laws of the United States and/or other countries, as well as applicable state laws, and you may be subject to liability for such unauthorized use. The information contained in the Sock Panda Services including, without limitation, all site design, text, graphics, interfaces, and the selection and arrangements is protected by law including, but not limited to, copyright law.

DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
Sock Panda publishes information within the Sock Panda Services as a convenience to its visitors. While Sock Panda attempts to provide accurate and timely information, there may be inadvertent technical or factual inaccuracies and typographical errors. We reserve the right to make corrections and changes to the Sock Panda Services at any time without notice. The Sock Panda products described in the Sock Panda Services may not be available in your region. Sock Panda does not claim that the information on this Site is appropriate to your jurisdiction or that the products described in the Sock Panda Services will be available for purchase in all jurisdictions.

YOUR USE OF THE SOCK PANDA SERVICES ARE AT YOUR SOLE RISK. THE Sock Panda SERVICES AND THE PRODUCTS OFFERED THROUGH THE SOCK PANDA SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SOCK PANDA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANT-ABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

SOCK PANDA MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, THAT THE OPERATION OF THIS SITE OR ANY OF THE Sock Panda SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR AS TO THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, OR ANY OF THE Sock Panda SERVICES, IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE, UNLESS OTHERWISE SPECIFIED IN WRITING.

SOCK PANDA SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF, OR THE INABILITY TO USE, THIS SITE OR THE Sock Panda SERVICES OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH Sock Panda , INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE AND CONSEQUENTIAL DAMAGES, EVEN IF Sock Panda HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SOCK PANDA SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR THE SOCK PANDA SERVICES ISSUED AGAINST YOU BY THIRD PARTY FINANCIAL INSTITUTIONS SUCH AS BANKS OR CREDIT CARD COMPANIES. Sock Panda SHALL NOT BE LIABLE FOR ANY OVERDRAFT, LATE OR ANY OTHER CHARGES ISSUED AGAINST YOU BY A BANK OR CREDIT CARD.

CERTAIN STATE LAWS MAY NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU AND YOU MAY HAVE ADDITIONAL RIGHTS.

IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SOCK PANDA SERVICES, OR WITH ANY OF THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE Sock Panda SERVICES. IF A PRODUCT OFFERED THROUGH THE Sock Panda SERVICES IS NOT AS DESCRIBED, YOUR SOLE REMEDY IS TO RETURN IT IN ACCORDANCE WITH THE RETURN POLICY SET FORTH IN DETAIL IN THESE TERMS OF SERVICE.

Sock Panda makes no warranties of any kind regarding any third party sites to which you may be directed or hyperlinked from the Sock Panda Services. Hyperlinks are included solely for your convenience, and Sock Panda  makes no representations or warranties with regard to the accuracy, availability, suitability or safety of information provided in such third party sites. Sock Panda does not endorse, warrant or guarantee any products or services offered or provided by or on behalf of third parties through the Sock Panda Services.

INDEMNITY AND RELEASE
You agree to indemnify and hold Sock Panda and its parent, subsidiaries, affiliates, officers, agents and employees harmless from any and all liabilities, claims, demands, actions, suits, losses, obligations, judgments, proceedings, damages, expenses and costs (including reasonable attorneys’ fees), based upon, arising from or related to (a) information or content submitted, transmitted or otherwise made available on or through the Sock Panda Services by you or any other person accessing the Sock Panda Services using your Account; (b) the use of, or connection to, the Sock Panda Services by you or any other person accessing this Site using your Account (including negligent or wrongful conduct); or (c) your breach or attempted breach of these Terms of Service.

DISPUTES AND DISPUTE RESOLUTION
GOVERNING LAW
Use of the Sock Panda Services, membership in the Sock Panda Membership Program, any purchases made through the Sock Panda Services, and any controversy, claim or dispute arising out of or relating in any way to your use of the Sock Panda Services, your membership in or purchases through the Sock Panda Services, Sock Panda Membership Program and/or your Account, or products purchased through the Sock Panda Services shall be governed by the laws of your home state of residence without respect to its choice (or conflict) of laws rules.

Any claim or cause of action you may have with respect to Sock Panda or the Sock Panda Services must be commenced within one (1) year after the claim or cause of action arose.

CLASS ACTION WAIVER
Both you and Sock Panda waive the right to bring any controversy, claim or dispute arising out of or relating in any way to your use of the Sock Panda Services, your membership in or purchases through the Sock Panda Membership Program and/or your Account, or products purchased through the Sock Panda Services as a class, consolidated, representative, collective, or private attorney general action, or to participate in a class, consolidated, representative, collective, or private attorney general action regarding any such claim brought by anyone else. (This waiver, and the similar waiver specified for arbitration proceedings, are generally referred to herein as “the class action waiver.”)

 FORUM SELECTION/JURISDICTION
Jurisdiction and venue for any dispute shall be in Los Angeles, California. Each party submits to personal jurisdiction and venue in that forum for any and all purposes. 

AGREEMENT TO ARBITRATE CLAIMS
Financial Disputes and Arbitration will be led by Credit Card Banking Company or Payment Processing Company as required under law the terms of your credit processing arrangements.

Updated: November 2, 2022