The use of this site is governed by the policies, terms and conditions set forth below. Please read them carefully. Your use of this site indicates your acceptance of these terms and conditions. Your placement of an order indicates your acceptance of these terms and conditions. Your submittal of any purchase order to Roshambo Baby, Inc. indicates acceptance of these terms and conditions. These terms and conditions shall supersede any subsequent terms or conditions included with any purchase order, whether or not such terms or conditions are signed by RoshamboBaby,Inc. or any of its affiliates. RoshamboBaby,Inc. reserves the right to make changes to this site and these terms and conditions at any time.
Roshambo Eyewear, Roshambo Shades, and Roshambo Baby is a registered trademark, trademark or service mark of Roshambo Baby, Inc. All custom graphics, icons, logos and service names are registered trademarks, trademarks or service marks of Roshambo Baby, Inc. All other trademarks or service marks are property of their respective owners. The use of any Roshambo Baby, Inc. trademark or service mark without Roshambo Baby, Inc.'s express written consent is strictly prohibited.
Replacement Guarantee Disclaimer and Limitation of Liability as to Products Sold
All products are guaranteed against all defects for 30 days from the date of the invoice. Roshambo Baby, Inc. will replace any frames in the "Bayside," "Malibu Sands," "Hot Sundae," "The Max," and "Bendees" style flexible sunglasses and frames damaged in the course of normal, intended and expected use for up to one (1) year from the date of purchase. Damage warranty does not apply (except manufacturing defects) to sports wrap and goggles ("Ludicrous Speed" collection), or "Pops" prescription glasses. Product registration is required to claim any warranties. Roshambo Baby, Inc. reserves the right to determine what is a “normal, intended and expected use,” but minor "damage" including scuffs, bite marks, fixable stretching, divots, or other such issues that do not undermine the function and wearability of the sunglasses for their intended purpose will generally not be considered replaceable damage. Roshambo Baby, Inc. extends this replacement guarantee for damage or breakage to frames occurring from normal, intended, and expected use of the frames for one (1) year from the date of purchase to partner retail stores or other authorized third party resellers assuming all other conditions presented herein are satisfied, including but not limited to warranty registration of the product.
Roshambo Baby, Inc. also offers a lens replacement guarantee for any sunglasses lenses lost in the normal, intended and expected course of use if purchased from a partner retail store or this website. This lens replacement offer is only good for gray polarized sunglass lenses in wayfarer, round and heart shapes (respectively know as, "Bayside", "Malibu Sands," and "Hot Sundae" collections) and does not apply to AVN lenses, mirrored lenses, "The Max" single shield lenses, snow goggle lenses, sports wrap lenses ("Ludicrous Speed" sports collection) or prescription lenses. Replacement guarantee for custom prescription lenses applies only if the 1-year replacement add-on was added at time of purchase. Mirrored lens replacements are offered at 50% off with promotion code. Sunglass lens replacement offer is intended to be a one time replacement offer, any subsequent replacement requests will be solely at the discretion of the company. Neither offer covers any handling or shipping fees associated with replacement, which are to be paid by the customer.
Except as expressly stated herein, Roshambo Baby, Inc. makes no representations or warranties, either express or implied, of any kind with respect to products sold on the roshambo.com site. Except as expressly stated herein, Roshambo Baby, Inc. expressly disclaims all warranties, express or implied, of any kind with respect to products sold on this site, including but not limited to, merchantability and fitness for a particular purpose. You agree that the sole and exclusive maximum liability to Roshambo Baby, Inc. arising from any product sold on the roshambo.com sites shall be the price of the product ordered. In no event shall Roshambo Baby, Inc. its directors, officers, employees or other representatives be liable for special, indirect, consequential, or punitive damages related to product sold.
Disclaimer and Limitation of Liability as to the Roshambo Sites
The roshambo.com websites and the materials therein are provided “as is”. Roshambo Baby, Inc. makes no representations or warranties, either expressed or implied, of any kind with respect to the sites, their operations, contents, information, materials or year 2000 compliance. Roshambo Baby, Inc. expressly disclaims all warranties, express or implied, of any kind with respect to the sites or their use, including but not limited to merchantability and fitness for a particular purpose. You agree that Roshambo Baby, Inc. its directors, officers, employees or other representatives shall not be liable for damages arising from the operation, content or use of the sites. You agree that this limitation of liability is comprehensive and applies to all damages of any kind, including without limitation direct, indirect, compensatory, special, incidental, punitive and consequential damages.
in the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, Roshambo Baby, Inc. shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. Roshambo Baby, Inc. shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, Roshambo Baby, Inc. shall immediately issue a credit to your credit card account in the amount of the charge.
Links and Third Party Content
This site may contain links to other sites on the internet that are owned and operated by third parties. You acknowledge that Roshambo Baby, Inc. is not responsible for the operation of or content located on or through any such site. At times this site may also contain images and content provided by customers and other third parties. You acknowledge that Roshambo Baby, Inc. is not responsible for the content submitted by third parties. If you have a concern about content on our site, please email firstname.lastname@example.org and we will address the concern as soon as possible. By submitting content to our website via any means, you acknowledge you have the right to give legal permission for Roshambo Baby, Inc. to use such content without limitation, including for marketing and promotional purposes. Subsequent requests to remove such content submitted to Roshambo Baby, Inc. shall be granted at the sole discretion of Roshambo Baby, Inc.
Third Party Pixels and Cookies
We will collect and use of personal information solely with the objective of fulfilling those purposes specified by us and for other compatible purposes, unless we obtain the consent of the individual concerned or as required by law.
We will only retain personal information as long as necessary for the fulfillment of those purposes and you will always have the option to unsubscribe from any communication.
We never sell personal information of any kind for any reason or knowingly make such information available to any third parties.
We do not store any payment information of any kind except to complete a verified purchase. No financial information is stored after purchase is complete.
We will collect personal information by lawful and fair means and, where appropriate, with the knowledge or consent of the individual concerned.
Personal data should be relevant to the purposes for which it is to be used, and, to the extent necessary for those purposes, should be accurate, complete, and up-to-date.
We will protect personal information by reasonable security safeguards against loss or theft, as well as unauthorized access, disclosure, copying, use or modification.
We will make readily available to customers information about our policies and practices relating to the management of personal information.
By subscribing to Roshambo Baby, Inc. text notifications, you agree to receive automated marketing text messages from us about our products and services at the phone number you provided when you subscribed, and that the messages may be sent via automatic telephone dialing system or other technology. Message frequency is recurring. Consent is not a condition of purchase. Message and data rates may apply. Reply STOP, END, CANCEL, UNSUBSCRIBE or QUIT to opt-out and HELP for customer support. You may receive an additional text message confirming your decision to opt-out. You understand and agree that attempting to opt-out by any means other than texting the opt-out commands above is not a reasonable means of opting out.
December 30, 2022
COLLECTION OF INFORMATION
PERSONAL INFORMATION WE COLLECT FROM YOU
We collect the following Categories of Personal Information
Contact Information: your first and last name, shipping address, email address, phone number;
Other Identifying Information: social media user names, IP address, commerce ID, order ID, passwords and other security information for authentication and access;
Payment Information: name, card issuer and card type, credit or debit card number, expiration date, CVV code, and/or billing address;
Information you may provide about third party: name, surname, address and contact details of recipient for delivery of goods or services (such as sending a gift or virtual gift card), if different from yours;
Employment Information: employment status or history, or your professional information;
Demographic Information: age, gender and date of birth;
Location Data: Including your general geographic location based on the IP address we collect;
Internet or Other Electronic Activity: your browsing history, including information about how you navigate within our services and which elements of our services you use the most;
Audio and visual information: your videos and photos that you choose to upload to our websites or otherwise share with us;
Commercial Information: products purchased or viewed on our websites and records and transcripts of communications with us, such as communications with our customer services team or through the chat feature on our websites;
Preference Information: preferences including information about the types of events and products you prefer, and physical characteristics such as your size, height, weight, or other information relevant to your apparel preferences if you voluntarily provide such information;
Sensitive Personal Information: in certain circumstances, we collect sensitive personal information, including precise geolocation data indicated by your mobile device or computer; and;
Inferences: inferences drawn from the categories described above in order to create a profile about you to reflect your preferences, characteristics, behavior and attitude; and
VIDEO DATA: we collect video data via security cameras we deploy in some of our retail stores.
What sources do we use to obtain your Personal Information?
Directly From You
We collect contact, demographic, personal preference, and payment information directly to you. You may provide us with such information through our websites, in our stores, through our customer service representatives, at events, through mobile applications, through marketing efforts, including contests, sweepstakes and events, and through third parties, or any other way we interact with you.
From Third Parties
INFORMATION COLLECTED BY COOKIES AND SIMILAR TRACKING TECHNOLOGIES
PERSONAL INFORMATION WE DERIVE
We may derive personal information or draw inferences about you based on the other types of personal information we collect. For example, we may infer your location based on your IP address, or that you are interested in purchasing a certain type of clothing based on your browsing behavior on our Services.
USE OF PERSONAL INFORMATION
Provide, maintain and improve our Services, including to facilitate and improve your in-store and online shopping experiences;
Deliver the products and Services you request, or that are reasonably anticipated within the context of our ongoing business relationship, complete transactions, perform our contractual obligations and send you related information, including confirmations and receipts;
Process your orders, payments and account adjustments and initiate, render, bill and collect payment for our products and Services;
Conduct internal research and development and make business decisions about current and future product and service offerings;
Respond to your comments, questions and requests and provide customer service;
Communicate with you about products, services, offers, promotions rewards and events and provide news and information we think will be of interest to you (for information about how to manage these communications, please see "Your Choices" below);
Manage your online account(s) and send you technical notices, updates, security alerts and support and administrative messages;
Personalize your online experience and provide advertisements, content or features that match your profile and interests;
Monitor and analyze trends, usage and activities;
Process and deliver contest, promotion and sweepstakes entries and rewards;
Detect, protect against and prevent security incidents and illegal or unauthorized activities, investigate complaints and claims and provide other security protections, such as identity verification;
Protect users of our Services from fraudulent, malicious, deceptive, abusive or unlawful activities of others;
Debug and repair errors in our products and Services and other activities to maintain and improve the quality and safety of our products and Services;
Cooperate with law enforcement and protect the rights (including free speech), interests, safety or property of Vuori or our customers, service providers and other third parties;
Comply with and enforce applicable legal and regulatory obligations and respond to governmental requests;
Enforce our policies, terms and conditions or other agreements;
Defend against or pursue claims, disputes or litigation - in court or elsewhere;
Provide you the benefits of our loyalty program if you are a member of our loyalty program; and
Carry out any other purpose directly related to the purpose readily apparent to you or described to you at the time the personal information was originally collected.
SHARING OF PERSONAL INFORMATION
Where disclosure of personal information is necessary to satisfy the purpose, or a directly related purpose, for which the personal information was collected, we may share personal information about you as follows:
With vendors, consultants, contractors and other service providers who access personal information to carry out work on our behalf and improve the products and services they provide to us (e.g., companies that assist us with web hosting, shipping and delivery, payment processing, fraud prevention, customer service, analytics, marketing and advertising);
In response to a request for personal information if we believe disclosure is in accordance with any applicable law, regulation or legal process or as otherwise required by any applicable law, rule or regulation;
If we believe your actions are inconsistent with our user agreements or policies or to protect the rights, property and safety of us or any third party;
In connection with, or during negotiations of, any merger, sale of company assets, financing or transfer of all or a portion of our business to another company, provided that such recipient has a legitimate right to such information, is under a duty of confidentiality to us and has undertaken to keep such information confidential;
With our current and future parents, affiliates, subsidiaries and other companies under common control and ownership;
With our lawyers and other professional advisors where necessary to obtain advice or otherwise protect and manage our business interest;
By publicly posting, at our discretion, your product review or other user content if you provide one
With your consent or at your direction; And
With third parties to serve advertisements on our behalf across the Internet and to provide analytics services. For more information on this type of sharing, see the "Advertising and Analytics" section below.
We may also share aggregated or de-identified information, which cannot reasonably be used to identify you.
ADVERTISING AND ANALYTICS
We may also work with third parties (such as Facebook and Instagram) to serve ads to you as part of a customized campaign on their platforms. If you prefer not to see customized ads from us, you can usually opt out by changing your account settings or preferences on such platforms.
Our retention periods for personal information are based on business needs and legal requirements. We retain personal information for as long as is necessary for the processing purpose(s) for which the personal information was collected and any other permissible, related purpose, and as permitted or required by the applicable laws. For example, we may retain certain transaction details and correspondence until the time limit for claims arising from the transaction has expired.
We do not, in providing the Services, knowingly collect personal information from children who are under the age of 16 without prior consent from such child's parent or guardian. We do not have actual knowledge about selling or sharing personal information of consumers under the age of 16. If you have reason to believe that a child has provided personal information to us via the Services, please contact us, and we will endeavor to delete that personal information from our databases unless the prior consent from such parent or guardian has been obtained.
YOUR ONLINE ROSHAMBO ACCOUNT
You may update, correct or delete certain information stored within your online Roshambo account at any time by logging into your account and navigating to the "My Account" page. To delete your online account, please write to email@example.com. Note that if you request to delete your account, we may retain certain personal information (such as transaction information) and other cached or achieved copies of personal information about you for such time as may be necessary for the fulfillment of the purpose for which the information was collected or used (including as required by law or for legitimate business purposes). If you request deletion of your personal data, you may lose your account, order history, personalized web experiences, loyalty points and certificates, recently obtained coupons, promotional emails sent to your inbox. If you have other questions about your account, please email firstname.lastname@example.org.
OPTING OUT OF PROMOTIONAL COMMUNICATIONS
It is our intention to only send you communications that you may want to receive. When you opt-in or do not opt-out from receiving promotional materials in a form in which we collect the personal information from you, we will contact you regularly via post and/or e-mail. We intend to use your name, contact details and demographic information and market or promote the events offered or arranged by us or third parties. We may not use your personal information for such purpose unless we have received your consent.
You can opt out of receiving promotional communications from us at any time by doing the following:
To opt out of direct mail (such as catalogs and postcards): Contact us at email@example.com.
To opt out of promotional emails and text messages: Follow the instructions provided in those communications or contact us at firstname.lastname@example.org.
Please note that "opting-out" of receiving promotional emails will not stop marketing or advertising content that is generated for distribution or is otherwise queued for transmission to you prior to the time when we can implement your request. We may continue to send you non-promotional emails, such as those about your account or ongoing business relations.
We have established processes by which you can submit requests regarding your personal information. To exercise your options as described in this Privacy Statement, you may contact us in one of the following ways:
State-Specific Privacy Rights
Depending on where you reside and in accordance with applicable law, you may have additional rights related to the personal information collected from and/ or about you, subject to certain exceptions and limitations. You may have the following rights with respect to your Personal Information:
The right to confirm whether we process your personal information and access your personal information in a portable and, to the extent technically feasible, readily usable format.
The right to correct inaccuracies in your personal information, taking into account the nature of the personal information and the purposes of the processing.
The right to delete personal information we have about you.
The right to opt out of the processing of your personal information for purposes of targeted advertising, the sale of personal information, and/ or profiling in furtherance of decisions that produce legal or similarly significant effects.
If we deny your request, you may have the right to appeal our decision.
You can make a request by emailing customer support at email@example.com. When you exercise these rights and submit a request to us, we will verify your identity by asking you to provide us with additional information such as your email address, order numbers of previous orders of our products and services, or the last four digits of a credit or debit card used to make a purchase. We may also use a third-party verification provider to verify your identity. We will endeavor to honor such requests unless such a request conflicts with certain lawful exemptions under your state's consumer privacy law.
The fact that you have elected to exercise these rights will have no adverse effect on the price and quality of our products or services.
To appeal a decision we have made regarding your request, you may follow the instructions in our response denying your request or you email us at firstname.lastname@example.org.
Your California Privacy Rights
The right to know what personal information we have collected, used, disclosed, and sold about you, including (i) the specific pieces of personal information we have collected about you; (ii) the categories of personal information we have collected about you; (iii) the categories of sources from which we collect information about you; (iv) the business or commercial purposes for collecting information about you; and (v) the categories of third parties with whom we share or have shared personal information about you.
The right to correct inaccuracies in your personal information, taking into account the nature of the personal information and the purposes of the processing.
The right to request that we and our service providers delete personal information that we have collected from you.
The right to opt-out of the selling or sharing of your personal information, which you can exercise by clicking here available on our website or by modifying your privacy preferences (e.g., Global Privacy Control), available through certain internet browsers and extensions, that signal your preference to opt out. Please note that clearing your cookies at any time will remove the signal of your selected privacy preferences.
You can make a request by emailing a request to email@example.com. You may also designate an authorized agent to make a request on your behalf on our website through our contact form. When you exercise these rights and submit a request to us, we will verify your identity by asking you to provide us with additional information such as your email address, order numbers of previous orders of our products and services, or the last four digits of a credit or debit card used to make a purchase. We also may use a third-party verification provider to verify your identity. We will endeavor to honor such requests unless such a request conflicts with certain lawful exemptions under California's consumer privacy law. Please note that we are only required to honor request to know twice in a 12-month period.
The fact that you have elected to exercise these rights will have no adverse effect on the prices and quality of our products or services.
We may decline a Request a Delete, in part of in whole, if we determine that there is a lawful basis for retaining the information, including because the information is necessary to (i) complete a transaction or perform a contract between us; (ii) ensure security; (iii) debug or repair errors; (iv) exercise a legal right; (v) comply with another law or a legal obligation; (vi) conduct research; (vii) enable internal uses that are reasonably aligned with our consumers' reasonable expectations; or (viii) otherwise use the information, internally, in a lawful manner that is compatible with the context in which you provided the information.
identifiers such as a device or browser identifier; cookies, beacons, pixel tags, mobile ad identifiers and similar technology; customer number, IP address, online identifier, and other forms of persistent identifiers;
commercial information, including records of products or services purchased, obtained, or considered, and other purchasing or consuming histories;
Internet and other electronic network activity information, including, but not limited to, browsing history, search history, and information regarding your interaction with websites, applications or marketing; and
inferences drawn from any of the information identified above to create a profile about you reflecting your preferences and behavior.
Roshambo does not use or disclose sensitive personal information, as defined in applicable laws, for any purposes other than those permitted by applicable law.
Opt-Out Preferences Signals: You can opt out of the "sale" of data as defined by CCPA and targeted advertising by visiting our website with Global Privacy Control enabled.
State-Specific Requests–Request from Authorized Agents
If you submit a consumer privacy request on behalf of another person permitted under applicable law, you must verify your legal authority to act on behalf of that person, and your identity and the identity of the other person, to our satisfaction before we can fulfill our request.
Roshambo is headquartered in the United States and we process and store the information we collect from you, regardless of your location, in the U.S. If you are based outside the U.S., we transfer your personal information to, and process your personal information on, servers located in the U.S., a jurisdiction that may not provide equivalent levels of data protection as your home jurisdiction. By reference to the section headed "Sharing of Personal Information" above, your personal information may also be transferred to, stored and processed in the U.S. or other jurisdictions where the third parties are located or form which the third parties provide us services. Such transfers and processing of your personal information are necessary to provide our Services. By submitting your personal information to us, you understand and consent to the transfer of such information as described above.
DATA SECURITY MEASURES
We are committed to protecting the security of your personal information. Our staff are trained on the importance of privacy and protection of personal information. We intend to limit the number of individuals within Roshambo with access to personal information to those directly involved in the process of providing Services to you. Security arrangements will also be reviewed regularly to ensure that personal information is protected against loss an unauthorized or accidental access, use, disclosure, modification and erasure.
THIRD PARTY WEBSITES
Our websites may contain links to other websites which are operated by third parties.
NOTICE OF FINANCIAL INCENTIVE
In connection with offers, promotions, and rewards programs, we may offer financial incentives and/or price or service differences ("Incentives") to participants in exchange for our use of your personal information.
To offer these Incentives, we must track the personal information you provide when you sign up or engage in activities in connection with our offers, promotions, and rewards programs, such as your email address, phone number, birthday, product preferences, referral activity, purchase history, and engagement with Roshambo ("Participant Data").
The value of Participant Data is determined based on the revenue generated from activities related to the collection and use of participants' personal information less expenses related to offering the offers, promotions, or rewards programs. This value will vary by participant depending on distinct factors. The value of Participant Data is reasonably related to the costs associated with offering the Incentives. You can withdraw from or cancel your registration in Roshambo offers, promotions, or rewards programs at any time by contacting us at firstname.lastname@example.org.
By using the internet service provided by us, you consent to your personal information being used in the manner set out above. You further consent to us using your personal information for the purposes as stated and for ancillary purposes.
Order Acceptance Policy
Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. Roshambo Baby, Inc. reserves the right at any time after receipt of your order to accept or decline your order for any reason. Roshambo Baby, Inc. reserves the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. All orders placed must obtain pre-approval with an acceptable method of payment, as established by our credit and fraud avoidance department. We may require additional verifications or information before accepting any order. Roshambo Baby, Inc. is a reseller to end user customers and does not accept orders from dealers, exporters, wholesalers, or other customers who intend to resell the products offered by Roshambo Baby, Inc.
Roshambo Baby, Inc. shall automatically charge and withhold the applicable sales tax for orders to be delivered to addresses within California. Each customer shall be solely responsible for all sales taxes, or other taxes, on orders shipped to any other state. orders shipping to international addresses will be charged the applicable taxes and duties.
Jurisdiction and Venue
You agree that any legal action brought against Roshambo Baby, Inc. shall be governed by the laws of the state of California without regard to its conflict of law principles. You agree that the sole jurisdiction and venue for any litigation arising from your use of or orders made on the roshambo.com sites shall be an appropriate federal or state court located in San Diego county, California.
Orders placed here are intended for resale by your business only - brokers or distributors please contact email@example.com for information. PLEASE NOTE, OUR PRODUCTS ARE NOT AUTHORIZED FOR RESALE ON ON AMAZON.COM, JET.COM, WALMART.COM OR EBAY.COM. We work with exclusive e-commerce partners for these outlets.
We are happy to provide an acrylic display tray if you are a first time wholesaler. If you would like a tray, please respond to your invoice confirmation email with the request. It will not be included without request.
If you require bar codes on your items, we also request that you respond to your email invoice with that request. They are not affixed by default.
US processing / shipping for smaller orders is fixed at $15. We have found that is a pretty accurate reflection of our actual cost to ship on the large majority of US retail orders. NOTE: your shipping total will show as free when you check out, but you will be charged a "shipping & handling" fee instead. This is due to a quirk in the system that does not allow us to turn off the free shipping offer we give regular customers on orders over $40. International processing / shipping fee is set at $45 for the same reason.
Large orders (over $1000 or so) may be declined to be filled through this portal due to inventory management concerns. If you have a large volume order and want to check inventory prior to ordering, please contact firstname.lastname@example.org. We would hate for you to be disappointed by a refund and no shades :*(
If you sell online through your OWN RETAIL WEBSITE (not the large e-commerce sites above, those are still not allowed!), please note our retail prices on our website ($20 baby, $25 junior, $35 adult and polarized) are to be considered our minimum advertised price (MAP). You may list at $19.99 / $24.99 / $34.99 if you choose. Failure to adhere may result in a suspended account and emails with frowny faces from us.
No sharing accounts please!
We reserve the right to refund and decline to fill items or orders as necessary.