D’Amelio Footwear Website Terms of Use

 

Effective Date: May 17, 2023

 

These Terms of Use (these “Terms”) apply to all contents and information available within our website available at https://www.dameliofootwear.com/ as well as any other online applications and services that are operated and controlled by us from which you are accessing these Terms (collectively, the “Site”). These Terms are a binding legal agreement between each user of the Site (“you”) and D’Amelio Brands LLC, including its subsidiaries and affiliates (collectively, “D’Amelio Brands,” “we,” “us” and “our”). Certain products, programs and services purchased on or through our Site may be subject to specific terms and conditions incorporated herein. Therefore, please review these Terms carefully to understand which terms, requirements and conditions apply to your interactions with D’Amelio Brands and/or the Site.

 

BINDING ARBITRATION

 

THESE TERMS CONTAIN PROVISIONS THAT GOVERN HOW CLAIMS YOU AND D’AMELIO BRANDS MAY HAVE AGAINST EACH OTHER CAN BE BROUGHT. THESE PROVISIONS WILL, WITH LIMITED EXCEPTION, REQUIRE YOU TO SUBMIT CLAIMS YOU HAVE AGAINST D’AMELIO BRANDS TO BINDING AND FINAL ARBITRATION ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, GROUP OR REPRESENTATIVE ACTION OR PROCEEDING. PLEASE REVIEW SECTION 14 FOR THE DETAILS REGARDING YOUR AGREEMENT TO ARBITRATE ANY DISPUTES WITH D’AMELIO BRANDS. 

 

PLEASE REVIEW THESE TERMS CAREFULLY. BY ACCESSING AND/OR USING THE SITE, YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY AND CAPACITY TO ENTER INTO THE TERMS AND YOU ACKNOWLEDGE THAT YOU ACCEPT THE TERMS SET FORTH HEREIN. IF YOU DO NOT ACCEPT THESE TERMS, YOU MAY NOT ACCESS OR USE THE SITE.

 

Changes to Terms

 

The Effective Date of these Terms is set forth at the top of this webpage. We may change these Terms from time to time in our discretion. Changes will be posted to this webpage. We encourage you to return to this webpage frequently so that you are aware of our current Terms. Your continued use of the Site after the Effective Date constitutes your acceptance of the amended Terms. The amended Terms supersede all previous versions.

 

Privacy

Please review our Privacy Policy (“Privacy Policy”), incorporated herein by reference, which also applies to your use of the Site

 

1. Intellectual Property | The Site, including the information, files, documents, text, characters and artwork, photographs, images, graphics, audio and video which it contains, and any material made available for download on the Site (collectively, the “Content”), are the property of us or our licensors, as applicable. The Site and Content are protected by United States and international copyright and trademark laws. The Content may not be copied, distributed, modified, reproduced, published or used, in whole or in part, except for purposes authorized or approved in writing by us. All rights not expressly granted herein are reserved to us and our licensors.

 

1. License | D’Amelio Brands grants you a limited license to access and make personal use of the Site subject to these Terms. The Site and any part of it may not be reproduced, copied, framed or otherwise exploited for any commercial purpose without the express prior written consent of D’Amelio Brands.

 

1. Links to External Websites and Online Services | Certain Content, products and services made available on or through our Site may include materials from third parties. For example, our Site may contain links to third-party websites or other online services, including, but not limited to, third-party social media platforms (e.g., Instagram, TikTok, Snapchat, and Facebook), third-party digital content creator pages, and third-party design partners. Any access to and use of such third-party websites and online services is not governed by this Privacy Policy but is instead governed by the privacy policies of those third-party websites and online services. D’Amelio Brands is not responsible for the content or information practices of such third-party websites and online services.

 

1. User Accounts | Generally, you may access and/or use the Site without registering for an account with D’Amelio Brands (“Account”). However, you may be required to register for an Account to enjoy the full benefit of certain products, services and Content made available through the Site, such as to purchase products or services on the Site]. To register an Account with us, you must provide to us certain information about yourself to allow us to process your registration request. You agree that the information you provide to us during the registration process and at all other times when you use the Site is accurate, current and complete, and that you will keep it up-to-date at all times. If you provide any information that is, or that D’Amelio Brands has reasonable grounds to suspect is, untrue, inaccurate, not current, or incomplete, D’Amelio Brands has the right to suspend or terminate your Account and refuse any and all current or future use of the Site (or any portion thereof).You are the sole authorized user of any account you create through the Site and are solely and fully responsible for all activities that occur under your Account. You may not share your username or password to your Account with anyone. You may not authorize others to use your Accountholder status, and you may not assign or otherwise transfer your Account to any other person or entity. If you have reason to believe that your Account is no longer secure or if you suspect any other actual or potential breach of security, you must immediately notify us by contacting us at the contact information set forth at the end of these Terms. D’Amelio Brands will not be liable for losses, damages, liability, expenses and fees incurred by D’Amelio Brands or a third party arising from someone else using your Account regardless of whether you have notified us of such unauthorized use. You understand and agree that we may require you to provide information that may be used to confirm your identity and help ensure the security of your Account.

 

1. Purchases | By purchasing products or services made available through the Site, you represent that you are at least 18 years old (or the age of majority under the applicable law of your jurisdiction) and have the legal capacity to enter into a contract. All products and services offered for purchase on the Site are subject to availability. The prices stated for such products are subject to change without notice. Any D’Amelio Brands publication concerning our products, including information about product specifications (e.g., size or fit) or description (e.g., features or color) may include inaccuracies or typographical errors. D’Amelio Brands shall not be held responsible for any pricing, typographical or other errors in such publications. Changes may be periodically made to these publications. D’Amelio Brands may make improvements and/or changes in the products described in these publications at any time without notice. D’Amelio Brands reserves the right, at our sole discretion, to cancel or refuse any order for any reason at any stage of the online ordering process, including after an order has been submitted and whether or not the order has been confirmed. The receipt of an order number or an email order confirmation does not constitute the acceptance of an order or confirmation of an agreement to sell. D’Amelio Brands reserves the right, without prior notification, to limit the order quantity on any product and/or to refuse service to any user. Unless otherwise agreed to by D’Amelio Brands, payment must be received by D’Amelio Brands prior to acceptance of an order. Notwithstanding the foregoing, D’Amelio Brands may in our sole discretion choose not to charge your method of payment until your order has been shipped. Some situations that may result in cancellation include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by our independent third-party payment processor. We will attempt to contact you if all or any portion of your order is cancelled, or if additional information is required to accept your order. You understand that D’Amelio Brands may change prices at any time, at our sole discretion and D’Amelio Brands reserves the right to change such prices at any time to correct errors or to comply with applicable laws. 

 

Taxes

 

You understand that products purchased by you and shipped to your designated location may be subject to applicable state or local sales or use tax, privilege tax, excise tax or similar transaction-based taxes (“Taxes”). The amount of Taxes is based on a number of factors, including, but not limited to, the amount of product purchased and your designated delivery address. Taxes and shipping costs are not included within the listed prices for products displayed on the Site but are included as a separate line items and will be displayed to you before confirmation of any purchase. You are responsible for paying the applicable purchase price for products purchased through the Site, including shipping costs, and paying applicable Taxes associated with the purchase and sale of the products. 

 

Payment Processing

 

Payment will be processed by D’Amelio Brands’ independent third-party payment processor, using the Payment Method (defined below) you designate or that is designated in your Account. If you would like to use a different Payment Method, please visit your Account settings to update your billing information. We may charge another stored payment method if your default payment card is declined or no longer available to us.

 

Certain features of the Site, including placing orders, may require you to pay fees to D’Amelio Brands or our third-party vendors, including, but not limited to, service fees and surge fees. D’Amelio Brands may change the fees at any time as we deem necessary or appropriate for our business and in accordance with these Terms. You acknowledge and accept that a fee will be charged and you agree to pay such a fee.

 

1. Security and Restrictions

You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, by (a) accessing data not intended for such user or logging onto a server or an Account which the user is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) accessing or using the Site or any portion thereof without authorization; or (d) introducing any viruses, Trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.

 

You agree not to use the Site:

• In any way that violates any applicable federal, state, local or international law or regulation; 
• To engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm us or users of the Site or expose them to liability;
• Use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party’s use of the Site;
• Use any robot, spider or other automatic device, process or means to access the Site for any purpose, including monitoring or copying any of the materials on the Site;
• Use any manual process to monitor or copy any of the materials on the Site or for any other unauthorized purpose without our prior written consent;
• Use any device, software or routine that interferes with the proper working of the Site; or
• Otherwise attempt to interfere with the proper working of the Site

1. User Submissions and Electronic Communications

By providing information through the Site, except for any personally identifiable information we may collect from you under the guidelines established in our Privacy Policy, any material, information or other communication you transmit, upload or submit to this Site, including any ideas, comments, media, suggestions, feedback, reviews, data or the like (collectively, “Communication”), you certify that your Communication does not violate the rights of any third party, including, without limitation, copyright, trademark, patent, privacy or any rights creating claims for idea misappropriation or the right of publicity; that your Communication and its content do not violate any provisions under applicable laws or regulations, nor any terms, conditions and policies of D’Amelio Brands; and you represent that you have the authority to share the information contained within the Communication. Your Communication will be considered non-confidential and non-proprietary, and D’Amelio Brands will have no obligations with respect to the Communication.

 

Furthermore, you hereby assign to D’Amelio Brands all intellectual property rights, and waive any moral, publicity or similar rights you have in any Communication. By submitting the Communication to D’Amelio Brands, such as by submitting a message through an online web form or by leaving a review on our Site, you agree D’Amelio Brands is free to use the Communication, without limitation and without any compensation to you, for any purpose whatsoever and in identifiable or de-identifiable form. D’Amelio Brands and its designees will be free to copy, disclose, distribute, incorporate, commercialize and otherwise use the Communication and all data, images, sounds, text and other things embodied therein for any and all commercial or noncommercial purposes.

 

When you contact us directly through an electronic Communication, including by email, text message or other online method directed to an account associated with D’Amelio Brands, you consent to receive a message or response from us electronically in the same/similar manner and as reasonably requested, including by email, text and mobile push notification. You further 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.

 

Copyright Policy

 

The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials posted on the Site infringe your copyright, you (or your agent) may send D’Amelio Brands a “Notification of Claimed Infringement” to gary@dameliobrands.com requesting that the material be removed, or access to it blocked. The notice must include the following information:

1. A physical or electronic signature of a person authorized to act on behalf of the owner of the works that have been allegedly infringed;
2. Identification of the copyrighted work alleged to have been infringed (or if multiple copyrighted works located on the Site are covered by a single notification, a representative list of such works);
3. Identification of the specific material or link alleged to be infringing or the subject of infringing activity, and information reasonably sufficient to allow D’Amelio Brands to locate the material on the Site;
4. Your name, address, telephone number, and email address (if available);
5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

 

If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send D’Amelio Brands a counter-notice.

 

Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see https://www.copyright.gov/ for details. Notices and counter-notices with respect to the Site should be sent to the contact address set forth at the end of these Terms.

 

Additional Terms for California Residents

 

User Complaints

 

Under Cal. Civ. Code § 1789.3, California users are entitled to know that they may file grievances and complaints with the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs, in writing at 1625 North Market Blvd., Suite N 112, Sacramento CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210 or by email at dca@dca.ca.gov.

 

General Waiver under Section 1542 of the California Civil Code

 

You expressly acknowledge that there may exist claims or facts in addition to or different from those which are now known or believed by them to exist. Nonetheless, you acknowledge and agree that all rights under Section 1542 of the California Civil Code are expressly waived. Section 1542 of the California Civil Code provides: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.

 

1. Disclaimer and Limitation of Liability

 

WE DO NOT WARRANT THAT ACCESS TO OR USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SITE WILL BE CORRECTED. THE SITE IS PROVIDED BY D’AMELIO BRANDS ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, D’AMELIO BRANDS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED ON THE SITE. EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, IN NO EVENT WILL D’AMELIO BRANDS OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR OTHER REPRESENTATIVES (FOR PURPOSES OF THIS SECTION 12, “AFFILIATES”) BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL LOSSES OR DAMAGES OF WHATSOEVER KIND ARISING OUT OF ACCESS TO OR USE OF THE SITE, SITE-RELATED PRODUCTS OR SERVICES OR ANY INFORMATION, CONTENT OR MATERIALS INCLUDED ON THE SITE.

 

WE USE REASONABLE EFFORTS TO DISPLAY AS ACCURATELY AS POSSIBLE THE COLORS AND IMAGES OF OUR PRODUCTS AND CONTENT THAT APPEAR ON THE SITE. WE CANNOT GUARANTEE THAT YOUR COMPUTER MONITOR'S DISPLAY OF ANY COLOR WILL BE ACCURATE. ANY OFFER FOR ANY PRODUCT OR SERVICE MADE ON THE SITE IS VOID WHERE PROHIBITED. WE DO NOT WARRANT THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS.

 

D’AMELIO BRANDS AND OUR AFFILIATES SHALL NOT BE LIABLE FOR DAMAGES AS A RESULT OF ANY DELAY OR OTHER FAILURE OF PERFORMANCE DUE TO CAUSES BEYOND OUR REASONABLE CONTROL INCLUDING, BUT NOT LIMITED TO, ACTS OF GOD, ACTS BY YOU OR ANY OTHER USER, ACTS OF MILITARY OR CIVIL AUTHORITIES, FIRE OR OTHER CASUALTY, STRIKES, LOCKOUTS, WEATHER, EPIDEMIC, WAR, RIOT, TERRORISM, TELECOMMUNICATIONS INTERRUPTIONS OR COMPUTER VIRUSES. THE SITE MAY BE TEMPORARILY UNAVAILABLE FROM TIME TO TIME FOR MAINTENANCE OR OTHER REASONS.

 

YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, CONTENT, INFORMATION CONTAINED WITHIN THE SITE, ANY LINKED SITE, OR ANY PRODUCTS OR SERVICE PURCHASED THROUGH THE SITE IS TO STOP USING THE SITE AND/OR THOSE PRODUCTS OR SERVICES. TO THE EXTENT ANY ASPECTS OF THE FOREGOING LIMITATIONS OF LIABILITY ARE NOT ENFORCEABLE UNDER APPLICABLE LAW, OUR MAXIMUM LIABILITY TO YOU WITH RESPECT TO YOUR USE OF THIS SITE AND ANY PRODUCTS OR SERVICES PURCHASED BY YOU THROUGH THE SITE IS ONE HUNDRED DOLLARS ($100.00). THE FOREGOING LIMITATIONS APPLY EVEN IF THE REMEDIES UNDER THESE TERMS OF USE FAIL OF THEIR ESSENTIAL PURPOSE.

 

Any claims arising in connection with your use of the Site or any products purchased through the Site must be brought within one (1) year of the date of the event giving rise to such action occurred.  

 

Indemnification

You agree to indemnify, defend and hold harmless us and our affiliates, and our respective officers, directors, employees, agents and representatives from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation by you of these Terms or from our termination of your access to or use of the Site. Such termination will not affect either party’s rights or obligations, which accrued before the termination.

 

1. Mandatory Arbitration Agreement
1. Arbitration. Any dispute, controversy, or claim between us arising out of or relating in any way to these Terms, the Privacy Policy, and/or any D’Amelio Brands products, the Site, Content or software will be resolved by binding arbitration, rather than in court, except that you or we (1) may assert claims in small claims court if your or our claims qualify, and (2) bring suit in any court of competent jurisdiction to enjoin infringement or other misuse of intellectual property rights, including with respect to temporary restraining orders. The Federal Arbitration Act and federal arbitration law shall apply to this arbitration agreement.

 

There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award the same damages and relief as a court (including injunctive and declaratory relief or statutory damages).

 

At least 30 days before beginning an arbitration proceeding, you must send an individualized letter identifying yourself, your legal claims, the requested relief and requesting arbitration to 8560 Sunset Blvd, Los Angeles CA 90069  by certified mail, Federal Express, UPS or USPS express mail (signature required). We will do the same; except in the event that we do not have a physical address on file for you, by electronic mail to the last known address. Except as otherwise stated herein, the arbitration will be conducted by the American Arbitration Association (“AAA”) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. You and we also agree to delegate the issue of arbitrability to an arbitrator. The AAA’s rules are available at www.adr.org . Payment of administration and arbitrator fees will be governed by the AAA’s rules, except the filing fees will be paid by the filing party. If you are a prevailing party, you may seek reimbursement of your fees and costs. However, Taunton may seek its attorney’s fees and costs if the arbitration finds your claims to be frivolous. There will be only one arbitrator, not a panel. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location. This arbitration agreement will survive termination of the agreement. 

 

1. Class Action Waiver. We each agree that any dispute resolution proceedings or lawsuits, whether in arbitration or in a court of law, will be conducted only on an individual basis and not in a class, consolidated, or representative action. Therefore, you waive all rights to bring claims on behalf of a class of persons; however, you may still bring an individual claim for public injunctive relief and in small claims court. Nothing in this provision, however, should operate to prevent the parties from settling claims on a class-wide basis.

 

1. Enforceability. If this Arbitration Agreement is invalidated in whole or part, the parties agree that the exclusive jurisdiction and venue described in Section 15 shall govern any claim in court arising out of or related to the Agreement.

 

1. Jury Trial and Small Claims Court. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial. We also both agree that you or we may bring suit in any court of competent jurisdiction to enjoin infringement or other misuse of intellectual property rights, including with respect to temporary restraining orders. 

 

1. Miscellaneous

 

These Terms shall be governed by the laws of California, and you agree to submit to the exclusive jurisdiction of the courts of Los Angeles County, California in respect of any disputes arising under or in connection with these Terms. 

 

You represent and warrant that you shall comply with all laws and regulations that apply to your access and use of the Site and any Site-related products or services, including, but not limited to, any applicable national laws that prohibit the export or transmission of technical data or software to certain territories or jurisdictions.

 

We reserve the right to seek all remedies available at law and in equity for violations of these Terms, including the right to remove your account and any contents generated by you on the Site, block your access to the Site, block IP addresses. 

 

If any provision of these Terms is held to be unenforceable, the remaining Terms shall remain in full force and effect, and the unenforceable provision shall be replaced by an enforceable provision that comes closest to the intention underlying the unenforceable provision.

 

No waiver by us of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition. Our failure to insist upon or enforce strict performance of any provision of these Terms shall not be construed as a waiver of any right. 

1. How to Contact Us

If you have any questions, comments or notices regarding these Terms, please contact us by email at customerservice@dameliobrands.com or by physical mail at 8560 Sunset Blvd Los Angeles, CA 90069.

 

D'Amelio Footwear Mobile Terms of Service

The D'Amelio Footwear mobile message service (the "Service") is operated by D'Amelio Footwear (“D'Amelio Footwear”, “we”, or “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.

 

By consenting to D'Amelio Footwear’s SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of D'Amelio Footwear through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders).

 

You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with D'Amelio Footwear. Your participation in this program is completely voluntary.

 

We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.

 

You may opt-out of the Service at any time. Text the single keyword command STOP to DAmelio or click the unsubscribe link (where available) in any text message to cancel. You'll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other D'Amelio Footwear mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms.

 

For Service support or assistance email customerservice@dameliofootwear.com.

 

We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.

 

The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.

 

To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.

 

We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Notice.

 

Schedule 1. Terms and Conditions

1. You are shopping on a merchant’s website (the “Merchant”).

 

2. If you place a Qualifying Customer Order, the Product(s) that you are purchasing will be sold first by the Merchant to Passport Global Inc (“Passport”), and then by Passport to you under these Terms and Conditions. Your payment information, shipping address, and any additional information required or requested to complete your order will be shared directly with Passport and its nominated agents and contractors, in order to enable Passport to complete your Qualifying Customer Order.

 

3. Your Qualifying Customer Order is subject to: (1) these Terms and Conditions; and (2) any relevant terms and conditions imposed by the Merchant. By completing your purchase, you confirm that you have read and agree to be bound by all of these. By placing a Qualifying Customer Order on the Merchant’s website, you understand and agree that:

 

3.1 You are dealing with and providing your information to Passport. Passport may contact you about your order.

 

3.2 If there is an error in the price listed for a Product on the Merchant’s website, or in the price applied to the product during the sale of and processing of your order for the Product, Passport and its nominated agents are entitled to contact you, correct the price, and/or cancel your order.

 

3.3 The Merchant remains responsible for handling payment for your order.

 

3.4 Once your payment is processed, ownership in the items will shift from Passport, to you.

 

3.5 Certain addresses will be ineligible for shipment, such as PO box addresses.

 

3.6 Passport may refuse service, refuse to process or complete Qualifying Customer Orders, remove or edit content, or cancel such orders for any reason or for no reason, in its sole discretion.

 

3.7 If you are under the age of majority in the jurisdiction in which you reside, approval of your parent or guardian is required to complete your purchase.

 

3.8 You authorise Passport and its nominated agents and contractors to perform any of the following activities in connection with the delivery of any Products: (i) to act as your agent to make and file customs declarations and all related actions as your direct representative, which expressly includes completing any documents, amending product or Harmonised System codes, and paying any duties, taxes or penalties required under applicable laws and regulations; (ii) to act as forwarding agent for customs import and export control purposes solely for the purpose of designating a customs broker to perform customs clearance and entry; and (iii) to redirect an order to your customs broker or other address upon request by any person whom Passport’s nominated agents and contractors believe in its reasonable opinion to be authorised.

 

4. Currency. You may select your preferred payment method and currency from a list of options available at the time of checkout. Please note that the relative value of currencies may vary, and as a result, the actual purchase price for items in your order may vary based on the currency selected.

 

5. Billing. If you use a payment card or other electronic form of payment as your payment type, the charges to your account for your order will be subject to the Merchant’s terms and conditions.

 

6. Shipping. Items in your order may be shipped via a single shipment, or via multiple shipments. If items in your Qualifying Customer Order are shipped via multiple shipments, or if your order is only partially filled and shipped, you will only be charged for those items that are actually shipped to you.

 

7. Chargebacks, Fraud Prevention and Void Transactions. For your protection, Passport may use various fraud prevention protocols and policies, and industry-standard verification systems, to reduce fraud and minimize chargeback risks. You must comply with such protocols and policies, including card authentication, and “ship to” and “bill to” address verification. Once an order is placed, you may not change any authenticated payment information or any verified “ship to”/“bill to” address. If there is a systemic error which results in the processing or acceptance of a transaction for which authorisation has been declined, that transaction will be void.

 

8. Customer Service and Returns. Questions or complaints about your order should be directed to the Merchant in the first instance. Passport may work with the Merchant as necessary to resolve your issue. The Merchant is authorised to allow for returns or refunds on orders in accordance with the Merchant’s policy, including to reimburse you for the original sales prices of Products returned to the Merchant’s nominated address. Passport may however refuse any return requested if a restriction applies to the item for which the return is requested. You accept that your sole remedies are against the Merchant. Where a return by the Customer is authorised by Passport or the Merchant, Passport shall also have the right to return the item to Merchant and accordingly the Merchant shall issue a credit note to Passport and Passport shall provide a credit note to the Customer, and Passport’s direction, ownership and risk in the Products for return shall pass directly to the Merchant. Where a return is authorised by Passport or the Merchant, the Merchant shall, at Passport’s direction and acting in its name, provide a credit note to the Customer to the extent of the value of the Product(s) authorised to be returned directly to the Merchant. In relation to any return of Products to the Merchant, you authorise Passport and its nominated agents to act on your behalf, and to recover for its own account, any import duties and taxes. If required, you will sign any such document that is reasonably required to facilitate the return of the Products and the recovery of any import duties and taxes.

 

9. General Terms. The following general terms apply whenever you place a Qualifying Customer Order through the Merchant’s website:

 

9.1 Compliance with Applicable Laws. You certify that any Products purchased through a Qualifying Customer Order will not be imported, exported, sold, or transferred in violation of any applicable laws, including without limitation the United States Export Administration Regulations or applicable United States sanctions and embargoes administered by the United States Treasury Department, and equivalent statutes, regulations and codes of England and Wales or the EU. It is your responsibility to know the laws of the country into which you are importing any Products that you order from the Merchant’s website. By placing a Qualifying Customer Order you certify that the import of the Products you have ordered to the country of the shipping address you have provided does not violate any laws or regulations of that country.

 

9.2 Privacy. To complete your Qualifying Customer Order you will be providing personal information to the Merchant and Passport and you consent to your personal information being collected, used, processed, disclosed and/or stored by the Merchant and Passport and our service providers as may be required in order to process and complete your order and otherwise provide the services you have requested, in accordance with the Merchant’s and Passport’s Privacy Policy. Passport accepts no liability or responsibility for the collection, use, processing, disclosure or storage of your personal information by the Merchant or any service provider engaged by the Merchant. The collection, use, processing, disclosure and/or storage of your personal information by the Merchant or its service providers is governed by the Merchant’s privacy policy. The Merchant and Passport may analyse transactional data for the purpose of identifying trends, statistics and measurements that could contribute to the enhancement of the Merchant’s Customer experience and/or the services provided by Passport. Any transactional data analysed for these purposes will be aggregated and de-identified, meaning that any personally identifiable information will be removed.

 

9.3 Electronic Communications. When you place a Qualifying Customer Order through the Merchant’s website, you are communicating with Passport electronically, and you consent to entering into this agreement by electronic means, and to receive communications from Passport electronically/via email.

 

9.4 Modifications. You acknowledge that Passport may make changes to its system, policies, and these Terms and Conditions at any time. Passport will ensure that the current version of these Terms and Conditions is presented every time you make a Qualifying Customer Order on the Merchant’s website. You are responsible for reviewing these Terms and Conditions each time you make a Qualifying Customer Order. If you do not agree to any change in the Terms and Conditions, you must not complete your order. Any order placed after the effective date of a change will constitute your agreement to the change and to the current Terms and Conditions .

 

9.5 Severability. If any or any portion of these Terms and Conditions is found to be invalid, void, or for any reason unenforceable, that term or portion of terms will be severed, and will not affect the validity and enforceability of the remaining terms.

 

9.6 Proceedings. Any action or proceeding arising out of or relating to these Terms and Conditions must be brought in the courts of California, United States, and you hereby irrevocably agree to the jurisdiction of the courts of California, United States for all such purposes.

 

9.7 Language. The parties have agreed and expressly requested that this agreement and all documents related to it be drawn up in English.

 

9.8 Definitions. “Member State”, “third country” and “third territories” as defined in Article 5 of Council Directive 2006/12/EEC. “Products” means those goods offered for sale via the Merchant’s website which are not of a class or description subject to any duty of excise whether or not those goods are in fact chargeable with that duty, and whether or not that duty has been paid on those goods, or prohibited or restricted goods were they to be imported into the UK, and which are not subject to any restrictions on export, sale, or transfer in violation of any Applicable Laws. “Product Prices” means the prices including VAT at the appropriate rate of the Products as held out for sale to Customer by the Merchant and accordingly, by Passport to Customer; and “Product Price” means the price of an individual Product. “Qualifying Customer Order” meets all of the following conditions:

 

(A) It is an order for Product or Products placed via the Merchant’s website which are to be transported from:

 

• a third country or territory, excluding Northern Ireland (“NI”), to an address in a Member State of the EU (e.g. USA to France);
• a third country or territory, excluding the UK, or from a Member State of the EU to an address in Great Britain (e.g. Germany to England); or
• a third country or territory, excluding NI, to an address in NI (e.g. USA to NI); and

 

(B) In relation to the transport of a Product or Products to an address:

 

• in Great Britain or NI, the total intrinsic value of the Product or Products comprising that order does not exceed £135 (one hundred and thirty five) British Pounds Sterling, or where Products comprising an order exceed that sum but are sent in separate consignments, the intrinsic value of each consignment of which the Product or Products form part does not exceed £135 (one hundred and thirty five) British Pounds Sterling; and
• in a Member State of the EU, the total intrinsic value of the Product or Products comprising that order does not exceed €150 (one hundred and fifty) Euros, or where Products comprising an order exceed that sum but are sent in separate consignments, the intrinsic value of each consignment of which the Product or Products form part does not exceed €150 (one hundred and fifty) Euros.