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Terms of Sale

Terms of Sale

Last Modified: October 04, 2026

  1. Your Rights and Obligations.

    1. These terms of sale (these “Terms”) apply to the purchase and sale of products through beachriot.com https://beachriot.com/(the “Website”). These Terms are subject to change by Designs by Nikki LLC d/b/a Beach Riot (referred to as “us,” “we,” or “our” as the context may require) without prior written notice at any time, in our sole discretion. The latest version of these Terms will be posted on the Website, and you should review these Terms before purchasing any products that are available through the Website. Your continued use of the Website after a posted change to these Terms will constitute your acceptance of and agreement to such change.

    2. THESE TERMS CONTAIN A MANDATORY ARBITRATION PROVISION BELOW THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES OR CLAIMS RELATED TO THESE TERMS OR YOUR USE OF THE SERVICES, RATHER THAN JURY TRIAL OR CLASS ACTIONS. PLEASE SEE THE GOVERNING LAW, MANDATORY ARBITRATION, AND CLASS ACTION WAIVER SECTION BELOW.

    3. BY PLACING AN ORDER FOR PRODUCTS FROM THE WEBSITE, YOU ACCEPT AND ARE BOUND BY THESE TERMS.

    4. YOU MAY NOT ORDER OR OBTAIN PRODUCTS FROM THE WEBSITE IF YOU (I) DO NOT AGREE TO THESE TERMS, (II) ARE NOT AT LEAST 18 YEARS OF AGE, OR (III) ARE PROHIBITED FROM ACCESSING OR USING THE WEBSITE OR ANY OF THE WEBSITE'S CONTENTS OR PRODUCTS BY APPLICABLE LAW.

    5. These Terms are an integral part of the Website Terms of Use that apply generally to the use of the Website. You should also carefully review our Privacy Notice before placing an order for products through the Website.

  2. Order Acceptance and Cancellation. You agree that your order is an offer to buy, under these Terms, all products listed in your order. All orders must be accepted by us or we will not be obligated to sell the products to you. We may choose not to accept any orders in our sole discretion. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. We further reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email address and/or billing address or phone number provided at the time the order was made. After having received your order, we will send you a confirmation email with your order number and details of the items you have ordered. Acceptance of your order and the formation of the contract of sale between us and you will not take place unless and until you have received your order confirmation email. You have the option to cancel your order by contacting our support team at info@beachriot.com, subject to the following conditions: orders are processed quickly, so cancellation requests must be submitted as soon as possible after placing the order and before shipment. Please note that we cannot guarantee cancellation of your order due to the highly automated nature of our system. If your order ships, we will provide you with directions to return your order for a refund or exchange once it's delivered.

  3. Prices and Payment Terms. 

    1. All prices and product offerings posted on the Website are subject to change without notice. We shall not be liable to you or to any third party for any modification, price change, suspension, or discontinuation of any product or service. The price charged for a product will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total and will be itemized in your shopping cart and in your order confirmation email. We are not responsible for pricing, typographical, or other errors in any offer by us and we reserve the right to cancel any orders arising from such errors.

    2. Terms of payment are within our sole discretion, and payment must be received by us before our acceptance of an order. You represent and warrant that (i) the credit card information you supply to us is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any.

  4. Shipments; Delivery; Title and Risk of Loss. 

    1. We will arrange for shipment of the products to you. Please check the Website for specific delivery options and estimated delivery times. You will pay for all shipping and handling charges specified during the ordering process.

    2. Title and risk of loss pass to you upon our transfer of the products to the carrier. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.

    3. For orders shipping outside the United States, we use Shopify Managed Markets to facilitate international sales, including calculation of duties, taxes, and import fees at checkout. If your order is shipping to a supported international destination, additional terms and conditions applicable to international orders processed through Shopify Managed Markets may apply to you in addition to any relevant terms and conditions set forth in these Terms.

  5. Products and Services. Certain products may be available exclusively online through the Website. These products may have limited quantities. We reserve the right to discontinue any product at any time.

  6. Returns and Refunds.

    1. Return Policy. You may return eligible full-price items within fourteen (14) days of delivery for an exchange, refund, or store credit, subject to a $7.00 return label fee. Returns initiated after fourteen (14) days of the date of delivery will be eligible for store credit only. All returns must be initiated and postmarked within thirty (30) days of the date of delivery; returns received after this outer limit will not be accepted. Final Sale items and international orders are not eligible for return or refund. Eligible items may be exchanged for a different size, subject to availability.

    2. Return Process. To initiate a return, please visit our Returns Portal on the Website or contact us at info@beachriot.com. If your return is accepted, we will send you a return shipping label, as well as instructions on how and where to send your package. Items sent back to us without first requesting a return will not be accepted. You bear the risk of loss during shipment.

    3. Damages and Issues. Please inspect your order upon receipt and contact us immediately if the product is defective, damaged, or if you receive the wrong item, so that we may evaluate the issue and provide an appropriate remedy.

    4. Exceptions; Non-Returnable Items. Final Sale items and international orders are not eligible for return or refund. WE OFFER NO REFUNDS ON ANY PRODUCTS DESIGNATED ON THE WEBSITE AS NON-RETURNABLE. WE DO NOT ACCEPT RETURNS OR EXCHANGES ON GIFT CARDS.

    5. Refunds. Please allow six to eight (6-8) business days for refunds to be processed once your return package has been delivered. Please note that additional time may be required for your bank or credit card company to process and post the refund.

    6. EU/UK Right of Withdrawal. Customers in the European Union or United Kingdom have the right to withdraw from or cancel their purchase within fourteen (14) days from the day on which the customer (or a third party indicated by the customer other than the carrier) acquires physical possession of the products, without providing a reason, using the Model Withdrawal Form (or any other unequivocal statement) available on the Website. Refunds will be processed within fourteen (14) days of receipt of the returned products or of evidence of return, whichever is earlier. Where the mandatory law of your jurisdiction confers additional or longer rights to return, refund, or replacement, those rights shall apply and are not restricted by this section.

  7. Loyalty Program. We may offer a loyalty program (the “Loyalty Program”) that allows you to earn points, rewards, discounts, or other benefits based on your purchases or other qualifying activities on the Website. The specific terms and conditions of the Loyalty Program, including but not limited to, how points are earned, redeemed, and forfeited, as well as eligibility requirements and program benefits, are set forth on our Loyalty Program page, currently located at https://beachriot.com/pages/beach-riot-passport-club-terms-conditions (the “Loyalty Program Terms”). The Loyalty Program Terms are incorporated into and form a part of these Terms. By participating in the Loyalty Program, you agree to be bound by the Loyalty Program Terms, as they may be updated from time to time.

    1. Beach Riot reserves the right, in its sole discretion, to modify, suspend, or terminate the Loyalty Program, or any aspect thereof, at any time without prior notice to you. This includes, without limitation, the right to: (a) change the terms and conditions of the Loyalty Program; (b) change, limit, or discontinue any rewards, points, or benefits offered through the Loyalty Program; (c) modify the methods by which points may be earned or redeemed; (d) expire, cancel, or otherwise reduce any accumulated points or rewards; and (e) terminate your participation in the Loyalty Program for any reason, including for violation of these Terms or the Loyalty Program Terms. Beach Riot shall not be liable to you or any third party for any such modification, suspension, or termination of the Loyalty Program.

    2. Points, rewards, and benefits earned through the Loyalty Program have no cash value, are non-transferable, and may not be sold, bartered, or exchanged except as expressly permitted in the Loyalty Program Terms. Any attempt to do so may result in the cancellation of your points or rewards and termination of your participation in the Loyalty Program. Loyalty Program benefits are personal to you and may only be used by you in connection with your own purchases on the Website. Under California law, unused gift certificates, gift cards, and store credits with balances of $10 or less are generally redeemable for cash. Because Points are not a gift certificate, gift card, or store credit and have no cash value, this requirement does not apply. However, Beach Riot will comply with California’s Unclaimed Property Law (Cal. Code Civ. Proc. §§ 1500 et seq.) to the extent applicable, and unredeemed rewards that constitute unclaimed property may be escheated to the State of California in accordance with applicable law.

    3. In the event of any conflict between these Terms and the Loyalty Program Terms, the Loyalty Program Terms shall govern with respect to the Loyalty Program. If you have questions regarding the Loyalty Program, please contact us at info@beachriot.com.

  8. Gift Cards. We may allow you to use a gift card (“Gift Card”) for certain transactions on the Website and Gift Cards may be subject to additional terms and conditions provided at the time of purchase. The following applies to use of Gift Cards on the Website.

    1. Gift Cards may only be redeemed for purchases shipped within the United States. ‎

    2. ‎Gift Cards are available in US currency only. Any purchase made outside the United States shall be subject to current currency conversion rates.

    3. Gift Cards cannot be purchased with another Gift Card. ‎

    4. Gift Cards are not eligible for returns. ‎

    5. Gift Cards and credits cannot be redeemed for cash, except where required by law.‎

    6. If the amount of Gift Card does NOT cover the total order amount, the remainder of the ‎purchase price can be made with a valid credit card.‎

    7. If the amount of the Gift Card is for MORE than the total order amount, the balance will be ‎stored within your account for your next purchase using the same Gift Card Code.‎

    8. Gift Cards are non-transferable, non-refundable, and not redeemable for cash (except ‎where required by state law). In the event a Gift Card code is non-functional, the ‎purchaser’s sole remedy, and our sole liability, will be the replacement of such Gift Card.‎

    9. We cannot replace lost or stolen Gift Cards.‎

    10. Sales tax is not charged on Gift Cards but is applied to an order when the Gift Card is ‎used.‎

    11. Gift Card terms and conditions are subject to change at our sole discretion. Any purchase ‎of a Gift Card after such change shall constitute acceptance to these terms and ‎conditions.‎

    12. Gift Cards may not be used in connection with any marketing, advertising or other ‎promotional activities without our prior written approval. Use of our name, logo or ‎trademarks in connection with the purchase or use of Gift Card is strictly prohibited.‎

    13. If you have questions regarding the use of Gift Cards, please contact us at ‎‎info@beachriot.com or 1 (888)891-1937.‎ 

  9. LIMITED WARRANTY. 

    1. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. WE WARRANT THAT DURING THE WARRANTY PERIOD, THE PRODUCTS PURCHASED FROM THE WEBSITE WILL BE FREE FROM DEFECTS IN MATERIALS AND WORKMANSHIP. WE LIMIT THE DURATION AND REMEDIES OF ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TO THE DURATION OF THIS LIMITED WARRANTY. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. OUR RESPONSIBILITY FOR DEFECTIVE PRODUCTS IS LIMITED TO REPLACEMENT OR REFUND AS SET FORTH IN THIS WARRANTY STATEMENT. NO PERFORMANCE NOR OTHER CONDUCT, NOR ANY ORAL OR WRITTEN INFORMATION, STATEMENT OR ADVICE PROVIDED BY US OR ANY OF OUR AGENTS OR EMPLOYEES WILL CREATE A WARRANTY, OR IN ANY WAY INCREASE THE SCOPE OR DURATION OF THIS LIMITED WARRANTY.

    2. Who May Use This Warranty?

This limited warranty extends only to the original purchaser of products from the Website. It does not extend to any subsequent or other owner or transferee of the products.

  1. What Does This Warranty Cover?

This limited warranty covers the following defects in materials and workmanship in products purchased from the Website solely during the Warranty Period (as defined below):

  • Loose stitching or frayed seams.

  • Defective zippers, snaps, or buttons.

  • Fabric flaws present when the product was received.

  • Hardware failures resulting from a manufacturing defect.

  1. What Does This Warranty Not Cover?

This limited warranty does not cover any damages due to:

  • Normal wear and tear.

  • Accidental damage, misuse, or improper care.

  • Rips, stains, or other damage occurring after the product was received.

  • Fading caused by washing, sunlight, or regular use.

  • Alterations or repairs performed by the customer or a third party.

  • Products purchased from unauthorized resellers or secondhand sellers.

  1. What Is the Period of Coverage?

The  warranty period for products purchased from the Website is thirty (30) days from the date the customer receives the product (the “Warranty Period”). Please contact us at info@beachriot.com for warranty period information applicable to your specific product.

  1. What Are Your Remedies Under This Warranty?

With respect to any defective products during the Warranty Period, we will, in our sole discretion, either: (i) replace such products (or the defective part) free of charge or (ii) refund the purchase price of such products. We will also pay for shipping and handling fees to return the replacement product to you.

  1. How Do You Obtain Warranty Service?

To obtain warranty service, you must email info@beachriot.com within the applicable Warranty Period and include photographs of the issue, a detailed description of the defect, and your order information. 

  1. LIMITATION OF LIABILITY.

THE REMEDIES DESCRIBED ABOVE ARE YOUR SOLE AND EXCLUSIVE REMEDIES AND OUR ENTIRE OBLIGATION AND LIABILITY FOR ANY BREACH OF THIS LIMITED WARRANTY. OUR LIABILITY WILL UNDER NO CIRCUMSTANCES EXCEED THE ACTUAL AMOUNT PAID BY YOU FOR THE DEFECTIVE PRODUCT THAT YOU HAVE PURCHASED THROUGH THE WEBSITE, NOR WILL WE UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES OR LOSSES, WHETHER DIRECT OR INDIRECT. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

  1. Goods Not for Resale or Export. You agree to comply with all applicable laws and regulations of the various states and of the United States. You represent and warrant that you are buying products from the Website for your own personal or household use only, and not for resale or export. 

  2. Privacy. We respect your privacy and are committed to protecting it. Our Privacy Notice governs the processing of all personal data collected from you in connection with your purchase of products through the Website.

  3. Force Majeure. Neither party shall be liable or responsible to the other party, nor be deemed to have defaulted under or breached these Terms, for any failure or delay in fulfilling or performing any term of these Terms (except for any of your obligations to make payments to us hereunder), when and to the extent such failure or delay is caused by or results from acts beyond the impacted party's (“Impacted Party”) reasonable control, including, without limitation, the following force majeure events: (a) acts of God; (b) flood, fire, earthquake, epidemic, pandemic or explosion; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (d) government order, law, or actions; (e) embargoes or blockades in effect on or after the date of these Terms; (f) national or regional emergency; (g) strikes, labor stoppages or slowdowns, or other industrial disturbances; (h) telecommunication breakdowns, power outages or shortages, lack of warehouse or storage space, inadequate transportation services, or inability or delay in obtaining supplies of adequate or suitable materials; and (i) other similar events beyond the reasonable control of the Impacted Party.

  4. Governing Law; Jurisdiction. All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of California. Any legal suit, action, or proceeding arising out of or relating to these Terms shall be instituted exclusively in the federal courts of the United States or the courts of the State of California, in each case located within Orange County. Each party irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action, or proceeding and waives any objection based on improper venue or forum non conveniens.

  5. Dispute Resolution and Binding Arbitration.

    1. Any arbitration under this provision shall be governed by the Federal Arbitration Act (“FAA”); no state laws regarding arbitration procedures shall apply.

    2. Before either party initiates arbitration, that party must contact the other party by sending a written notice of the dispute.  If you provide such a notice to us, your notice must identify your name and address (including email address), and describe the nature and basis of your claim and the relief you seek, including the basis for any damages calculation.   You must sign the notice, and if you have retained an attorney, you must identify the attorney and confirm that we have authority to disclose to the attorney any information relevant to resolving your claim.   Each side must negotiate in good faith to resolve the claim for a period of sixty (60) days before initiating arbitration proceedings.  Any limitations period shall be tolled for this sixty day period. Failure to comply with any of the provisions in this paragraph is grounds for dismissal of any arbitration proceeding as set forth in the following paragraph.

    3. ALL CLAIMS WILL BE RESOLVED BY BINDING ARBITRATION RATHER THAN IN COURT, EXCEPT THAT YOU OR WE MAY ASSERT CLAIMS IN SMALL CLAIMS COURT IF THE CLAIM IS PROPERLY WITHIN THE JURISDICTION OF THE SMALL CLAIMS COURT. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED.

    4. The arbitration will be ADMINISTERED by the American Arbitration Association (AAA) under its then-applicable rules, including (as appropriate) its CONSUMER ARBITRATION RULES AND MASS ARBITRATION SUPPLEMENTARY RULES. IF THERE IS A CONFLICT BETWEEN THIS ARBITRATION PROVISION AND THE AAA RULES, THIS ARBITRATION PROVISION WILL GOVERN. The AAA's rules are available at http://www.adr.org/. The arbitration WILL be conducted in the English language by a single independent and neutral arbitrator. For any hearing conducted in person as part of the arbitration, you agree that the hearing will be conducted in the largest city in your state within 100 miles of where you live. IF THE ARBITRATOR DETERMINES THAT YOUR CLAIM WAS FRIVOLOUS OR BROUGHT FOR AN IMPROPER PURPOSE, YOU SHALL REIMBURSE US FOR ANY COSTS OR FEES PAID BY US ON YOUR BEHALF. The decision of the arbitrator WILL be final and binding. Judgment on the arbitral award may be entered in any court of competent jurisdiction.

    5. WE EACH AGREE THAT ALL CLAIMS WILL BE RESOLVED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION OR ARBITRATION. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, WE EACH WAIVE ANY RIGHT TO A JURY TRIAL AND AGREE THAT SUCH CLAIM WILL BE BROUGHT ONLY IN THE STATE OR FEDERAL COURTS LOCATED IN ORANGE COUNTY IN THE STATE OF CALIFORNIA. YOU HEREBY SUBMIT TO THE PERSONAL JURISDICTION AND VENUE OF SUCH COURTS AND WAIVE ANY OBJECTION ON THE GROUNDS OF VENUE, FORUM NON-CONVENIENS OR ANY SIMILAR GROUNDS WITH RESPECT TO ANY SUCH CLAIM.

    6. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

    7. Notwithstanding anything to the contrary, Designs by Nikki LLC d/b/a Beach Riot may seek injunctive relief and any other equitable remedies from any court of competent jurisdiction to protect our intellectual property rights, whether in aid of, pending or independently of the resolution of any dispute pursuant to the arbitration procedures set forth above.

  6. Assignment. You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this 15 is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.

  7. No Waivers. The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by our duly authorized representative.

  8. No Third-Party Beneficiaries. These Terms do not and are not intended to confer any rights or remedies upon any person other than you.

  9. Notices.

    1. To You. We may provide any notice to you under these Terms by: (i) sending a message to the email address you provide or (ii) by posting to the Website. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.

    2. To Us. To give us notice under these Terms, you must contact us as follows: (i) by personal delivery, overnight courier or registered or certified mail to Designs by Nikki LLC d/b/a Beach Riot, 828 Production Place, Newport Beach, CA 92663. We may update the address for notices to us by posting a notice on the Website. Notices provided by personal delivery will be effective immediately. Notices provided by registered or certified mail will be effective three (3) business days after they are sent.

  10. Severability. If any provision of these Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.

  11. Entire Agreement. Our order confirmation, these Terms, the Website Terms of Use and our Privacy Notice will be deemed the final and integrated agreement between you and us on the matters contained in these Terms.