Terms & Conditions
• Purchased Goods.
o User Account. Company requires you to create a user account to purchase Goods through our Site. If you are under the age of 18, we require that you inform your parent or guardian and have their consent to open a user account. You do not need to have a user account to sign up for the newsletter; we just need your email address. Our newsletter is provided on an opt-in basis, you may opt-in through your user account. You may opt-out of receiving our newsletter at any time by clicking on the appropriate link in the email. You may update your user account as specified on the Site.
o Rights. Company is the owner, or an authorized reseller or dealer, of the Goods. Goods are sold “AS IS.” Use of the Site and Content (defined below) is on an “AS IS” and “AS AVAILABLE” basis at your own risk. Company reserves the right to not sell Goods to you if you request delivery to a country that is at war, or subject to another Force Majeure event, or that is currently under sanctions by the United Nations or sanctions or an embargo by the United States.
o Warranty Disclaimer. YOU ACKNOWLEDGE AND AGREE THAT COMPANY HAS NO OBLIGATION FOR ANY WARRANTY, EXPRESS OR IMPLIED OF ANY KIND WHATSOEVER (INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE OR NONINFRINGEMENT, OR ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE GOODS SOLD, THE CONTENT OR THE SITE UNDER THESE TERMS. YOU FURTHER ACKNOWLEDGE AND AGREE THAT WHILE COMPANY MAY AGREE TO REFUND THE PURCHASE PRICE FOR THE GOODS, COMPANY, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SHALL HAVE NO OTHER WARRANTY OBLIGATION WHATSOEVER WITH RESPECT TO THE GOODS, AND ANY OTHER CLAIMS, LOSSES, LIABILITIES, DAMAGES, COSTS OR EXPENSES ATTRIBUTABLE TO ANY FAILURE TO CONFORM TO ANY WARRANTY UNDER THESE TERMS WILL BE SOLELY AS PERMITTED UNDER THESE TERMS. Company does not warrant or represent that the Content is accurate, error-free or reliable or that your use of the Site or Content will not infringe rights of third parties. Company does not warrant that the functional aspects of the Site or Content will be error free or that this Site, Content or the server that makes it available are free of viruses or other harmful components. If your use of this Site or Content results in the need for servicing or replacing property, material, equipment or data, Company is not responsible for those costs. Some jurisdictions do not allow the exclusion of implied warranties, so this exclusion may not apply to you.
o Mobile App Access. Company hereby grants you a limited, non-exclusive, non-transferable license to use, execute, store, and display the object code version of the software portion of the mobile application software as a service (“Software”) only for your own purposes on any mobile device that you own or control in accordance with these Terms (“License”) as required for the use of the Software to purchase Goods and for an iPhone or iPad touch only as permitted by the Usage Rules set forth in the App Store Terms of Service which you acknowledge that you have had an opportunity to review. You shall have no right to make or use additional copies of the Software.
o License Restrictions. Except as otherwise permitted under these Terms, you shall not (and shall not assist any third party to): (a) decompile, disassemble, or otherwise reverse engineer or attempt to reconstruct or derive any source code (or underlying ideas, algorithms, structure or organization) from the Software, or from any other information by any means whatsoever; (b) distribute, disclose or allow use of any of the Software in any format through any timesharing device, service bureau, network or by any other means, to or by any third party; or (c) modify or create a derivative work of the Software or any portion thereof.
o Ownership. The Site, content provided through the Site, and the Software and all derivatives shall be and remain the property of Company. "Content" is defined as all information such as the "look and feel" of the Site, data files, graphics, text, photographs, drawings, logos, images, sounds, music, video or audio files on this Site. Company tries to ensure that the information on this Site is accurate and complete. You shall have no rights or interests therein except as set forth in these Terms. You acknowledge and agree that Company (and not any third party mobile application store provider) shall be solely responsible to investigate, defend, settle and discharge any third party claims that the Site or the Software infringes any United States patent right, copyright, trade secret or other intellectual property right of such third party. You agree to notify Company immediately in writing of any such claim and to cooperate as reasonably necessary, at Company’s expense, in the defense and settlement of such claim. You acknowledge and agree that the Goods are sold by Company and not any third party mobile application store (e.g. Apple) and that Company is solely liable and responsible for the Goods sold and any Software provided to you under these Terms.
• Refunds/Returns/Exchanges. Company authorizes returns or exchanges provided you request a Returns Merchandise Authorization (RMA) number and send your Good(s) back to us within fourteen (14) days from the order ship date. For international returns you need to send your Good(s) back within twenty (20) days from the order ship date. To request an RMA number, please email us at firstname.lastname@example.org. Before shipping your Good(s) make sure you have received your RMA number. We will refund the purchase price of Goods that are returned within the 14-day period (20-day period for international returns) in “original” condition. Items should be returned new, unused, and with all tags still attached. Returns that are damaged, soiled, altered and do not have the original tags may not be accepted. Any returns submitted without an RMA number will be returned to you as an unidentified return. Please note that all shoes must be tried on a carpeted surface until you are certain you are keeping them. Shoes should be returned in their original, undamaged shoe bag as this is considered part of the Goods. Shoes that are returned without their bag or with marked or damaged soles may not be accepted. We reserve the right to refuse to refund the purchase price for Goods that are not timely returned or are returned in “used” or “poor” condition. All shipping costs associated with the return of your Goods being in “used” or “poor” condition are at your expense. We will notify you of the refund refusal based on the Goods “used” or “poor” condition and you will have the option to either pay for shipping to have the Goods returned to you, or if you elect not to pay for such return, we will have the right to dispose of these returned Goods at our sole discretion.
o Returns. For all returns from the United States, once we provide you by email with your RMA number and shipping label free of charge, you can drop your Good(s) with USPS. To find your nearest USPS location, visit www.usps.com (online at https://tools.usps.com/go/POLocatorAction!input.action ). Any returns made with another shipping carrier will be made at your sole expense. If you choose not to use the label we send you, please make sure to ship the Good(s) prepaid and insured. Please note that if you process returns more than three (3) times in a year, we reserve the right to refuse to process further purchases. For all international returns, select the carrier of your choice and ship the item(s) prepaid and insured to the following address.
200 Biscayne Boulevard Way, Suite 5301,
Miami, FL, 33131, USA
We require Goods to be returned from the same country to which they were delivered. Orders sent back from a different destination may be delayed by customs. Any returns rejected for poor condition will not be refunded.
o Exchanges. Please return the sandals you have originally ordered by requesting a Returns Merchandise Authorization (RMA) number through the process described above; upon receipt a credit will be added to your user account. Then purchase the new item separately using the credit.
o Late Returns. Your item(s) should be sent back to us within 14 days for returns from the United States and within 20 days for returns outside the United States. Returns outside these timeframes may be accepted at our sole discretion.
o Faulty Goods. Goods are classified as faulty if they are received damaged, or where a manufacturing fault occurs within thirty (30) days of purchase. Please note that items that are damaged as a result of wear and tear are not considered to be faulty. Where possible, we will offer to repair faulty items. If you would like to exchange your Good(s), please be aware that we can only replace it for the same product in the same size, subject to availability. You will receive a full refund if we determine the Good(s) were faulty and they cannot be repaired or replaced.
o Refunds. Your refund will be credited to the original purchaser's credit card or PayPal account. If your order has been sent to a destination within the United States or Canada, all sales taxes will be refunded. Outside the United States and Canada, customs duties and sales taxes are non-refundable. However, you may be able to recover these by contacting your local customs bureau directly. Please note that refund processing time can vary greatly between credit card issuers, and is outside of our control. Please note that original shipping charges are not refunded.
• We have made every effort to provide accurate images of our Goods, however, we cannot guarantee that the exact color will be reflected as this may vary on the quality of the computer monitor used to view the images.
• Our Goods are checked for quality and good condition before shipment.
• Please note that returns will be processed more efficiently if all Goods from an order are returned in the same shipment.
• Goods should be returned in their original packaging. Shoe boxes and shoe bags should also be protected as they are considered part of the Goods; your return may not be accepted if the Goods are damaged.
• Shipping returns at no cost does not apply to Goods returned from a country that differs from the original shipping destination.
• Payments. You are responsible for paying the purchase price, shipping charges and any tax for the Goods as noted on the Site’s shopping cart or final sales page. You are responsible for payment of any applicable sales or value added taxes. You shall not be liable for any taxes based on Company’s net income. Payments may be made in the currencies and via the payment methods specified on the Site’s shopping cart of final sales page. You acknowledge that you shall be solely liable for any customs charges.
• Shipping. You shall be responsible for the shipping charges as noted on the Site’s shopping cart or final sales page. All Goods are shipped FOB Origin so you shall be liable for acquiring any insurance required for the shipping transit. Goods are shipped generally with a point of origin of Miami, Florida. Company’s standard shipping carrier is USPS. Any shipping options will be as noted on the Site’s shopping cart or final sales page.
• Taxes & Duties. Prices displayed on the Site are exclusive of taxes. When you proceed to purchase your Goods, any sales, use or value added tax (where applicable) will be calculated on the total Goods value when possible, along with any shipping charges. If you are shipping within the United States, sales tax will only be charged on orders shipped to Florida. Please note that all taxes and duties for the Goods purchased are your responsibility. Company is not responsible for reporting or paying sales or use taxes on your purchases through the Site.
• Credit Card Payments. If you elect to pay for the Goods by credit card, you are responsible for providing a valid credit card number at the time you pay. You represent and warrant that you are an authorized user of the credit card number provided, and you agree to pay all charges resulting from your purchases of Goods, including any unauthorized charges incurred prior to your notice to Company of such charges. You agree that Company may pass your credit card information and personally identifiable information to Company’s designated service provider(s) to process the credit card payment for the purchase of Goods. Company will comply, and will ensure that Company’s designated services provider(s) comply, with any credit card processing rules and privacy regulations.
• Shipping Information. Please make sure that the shipping address is correct, as Company is unable to re-direct orders once shipped. Please note that before we can ship your purchased Goods, we may need to confirm your security or other details with your credit card issuer. To avoid delays to your order, please ensure that your billing address matches the address on your card statement, and that the cardholder's name is entered as it appears on the card. Please also ensure that your contact details in your user account are accurate so that we can contact you if necessary.
• Passwords/Security. You shall be solely responsible for the security, confidentiality and integrity of all messages and the content that you receive, transmit or store via the Site and/or user account. You are responsible for taking all reasonable steps to ensure that no unauthorized person shall have access to your account or password. You agree to bear all responsibility for the confidentiality of your password and all use or charges incurred from use of the Site with your password.
• No Spam. You agree that you will not upload or transmit any communications or content of any type through the Site that infringe or violate any rights of any party. By submitting communications or content to any public area of the Site or by email to Company, you agree that such submission is non-confidential for all purposes. You may not use the Site to send unsolicited commercial email to any person. You agree not to collect or harvest any personally identifiable information, including account names, from the Site, nor to use the communication systems provided by the Site for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Site with respect to any submissions made by them.
• Notices. You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Site or Content.
• Access Limitations. You shall be solely responsible for providing, maintaining and ensuring compatibility with the Site access requirements, all hardware, software, electrical or other physical requirements for your use of the Site, including without limitation, mobile devices, telecommunications and internet service provider access, connections, links, web browsers or other equipment, programs and services required to access the internet or to use the Site. You acknowledge and agree that from time to time the Site may be inaccessible or inoperable for any reason, including without limitation: (i) equipment malfunctions, (ii) periodic maintenance procedures or repairs; or (iii) other causes beyond our control. Additionally, because the Site is accessed via the internet or a mobile carrier, you may have connection issues due solely to your own internet or telecommunications service provider or other technological access requirements. Company is not responsible for any third party access requirements (e.g. your mobile telecommunications service provider).
• Indemnification. You agree that you will comply with all of the provisions of these Terms. You understand that you are solely responsible for (and that Company has no responsibility to you or to any third party for) any breach of your obligations under these Terms and for the consequences including any loss or damage which Company may suffer) of any such breach. At our request, you agree fully to defend, indemnify and hold Company harmless immediately on demand, including our officers, directors, agents, affiliates, licensors, and suppliers, from and against all liabilities, claims, expenses, damages and losses, including legal fees, arising from any breach of these Terms by you or any other liabilities arising out of your unauthorized use of the Site or Content, or the use by any other persons accessing this Site using your user account. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you hereunder. This defense and indemnification obligation will survive the expiration or termination of these Terms and your use of the Site.
LIMITATIONS ON LIABILITY
• LIMITATIONS ON LIABILITY FOR THIRD PARTY MOBILE APPLICATION STORE PROVIDERS. YOU ACKNOWLEDGE AND AGREE THAT THIRD PARTY MOBILE APPLICATION STORE PROVIDERS HAVE NO OBLIGATION FOR ANY WARRANTY, EXPRESS OR IMPLIED OF ANY KIND WHATSOEVER (INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE OR NONINFRINGEMENT, OR ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SERVICES AND/OR SOFTWARE PROVIDED UNDER THESE TERMS. YOU FURTHER ACKNOWLEDGE AND AGREE THAT WHILE SUCH THIRD PARTY MOBILE APPLICATION STORE PROVIDERS MAY AGREE TO REFUND THE PURCHASE PRICE FOR THE SERVICES AND/OR SOFTWARE PROVIDED UNDER THESE TERMS, SUCH PROVIDERS, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SHALL HAVE NO OTHER WARRANTY OBLIGATION WHATSOEVER WITH RESPECT TO THE SERVICES AND/OR SOFTWARE, AND ANY OTHER CLAIMS, LOSSES, LIABILITIES, DAMAGES, COSTS OR EXPENSES ATTRIBUTABLE TO ANY FAILURE TO CONFORM TO ANY WARRANTY UNDER THESE TERMS WILL BE SOLELY AS PERMITTED UNDER THESE TERMS.
• DAMAGE LIMITATION. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL COMPANY OR ITS SUPPLIERS OR AGENTS BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER, RESULTING FROM ANY LOSS OF USE, LOSS OF DATA, LOSS OF PROFITS, BUSINESS INTERRUPTION, LITIGATION, OR ANY OTHER PECUNIARY LOSS, INCLUDING LOSS OF GOODWILL OR REPUTATION, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE OR GOODS, WITH THE DELAY OR INABILITY TO USE THE SITE, OR WITH THE PROVISION OF OR FAILURE TO MAKE AVAILABLE ANY GOODS PROVIDED THROUGH THE SITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Company, its suppliers and agents shall be liable only to the extent of verifiable, actual damages incurred by you directly related to the paid for Goods subject to the refunds terms noted above. You acknowledge and agree that neither Company nor its suppliers or agents are liable for any personal injury, including death, caused by your use or misuse of the Site or Goods. Any claims arising in connection with your use of the Site, any content, or the Goods must be brought within one (1) year of the date of the event giving rise to such action occurred. Remedies under this Agreement are exclusive and are limited to those expressly provided for in this Agreement. If you are dissatisfied with the Goods, your sole and exclusive remedy shall be the limited refund right noted above or for you to discontinue use of the Goods.
• AGREEMENT. YOU ACKNOWLEDGE AND AGREE THAT THE LIMITATIONS OF LIABILITY SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THIS AGREEMENT AND NEITHER THE SITE NOR GOODS WOULD BE PROVIDED TO YOU ABSENT SUCH LIMITATIONS OF LIABILITY.
• Links. We may include hyperlinks on the Site to other websites or resources operated by third parties, including advertisers. Company has not reviewed all of the sites linked to the Site and is not responsible for the content or accuracy of any off-site pages nor are we responsible for the availability of such external websites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content of such websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external websites or resources.
• Compliance with Applicable Laws. You agree that you will not use the Site for activities prohibited by state, federal, or your country’s law or other applicable rules or regulations. You represent and warrant that: (i) you are not located in a country that is subject to U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
• Notices. Notices under these Terms shall be in writing and shall be deemed given when: (i) delivered personally; (ii) on the date sent by facsimile or e-mail to the number or e-mail address provided through your account; or (iii) three (3) business days after the date sent by certified mail, postage prepaid with return receipt requested. Notices to Company shall be made to: SOTW, 200 Biscayne Boulevard Way, Apt. 5301, Miami, 33131 FL. You may also contact Company by email at email@example.com with any Site questions or comments.
• Third Party Beneficiary. You acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms to the extent you access via Company’s mobile application, and that upon your acceptance of the terms and conditions in these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary hereof.
• Agreement. These Terms constitute the entire agreement and understanding among the parties with respect to the subject matter hereof and supersede all prior and contemporaneous agreements, understandings, inducements and conditions expressed or implied, oral or written, of any nature whatsoever with respect to the subject matter hereof. These Terms shall be binding upon and inure to the benefit of the parties, their successors, and assigns.
• Governing Law/Jurisdiction. Company is based in the State of Florida in the United States. Company makes no claims regarding Company’s Site or Goods outside of the United States. If you access the Site from outside the United States, you do so at your own risk and are responsible for compliance with laws of your jurisdiction. These Terms and the resolution of any dispute related to the terms of these Terms, the Site or the Goods shall be governed by and construed in accordance with the laws of the State of Florida, without giving effect to any principles of conflicts of law. Any legal action or proceeding between Company or its suppliers and you related to these Terms, the Site or the Goods shall be brought exclusively in a state or federal court of competent jurisdiction sitting in Miami, Florida.
• Changes to the Site or Goods. Content contained on or provided through the Site or the Goods may be changed or updated without notice. Company and its suppliers have no obligation to update information presented on the Site about the Goods, so information contained herein may be out of date at any given time.
• Waiver. Company's failure to insist upon strict enforcement of any provision(s) of these Terms shall not be construed as a waiver of any provision or right.
• Assignment. You are not permitted to assign these Terms or your user account or any of your rights and obligations to these Terms, in whole or in part, without the prior written consent of Company.
• Severability. Should any provision of these Terms be held invalid or unenforceable, such invalidity will not invalidate the whole of these Terms, but rather that invalid provision will be amended to achieve as nearly as possible the same economic effect as the original provision and the remainder of these Terms will remain in full force and effect.