TERMS AND CONDITIONS
These Terms and Conditions constitute a legally binding contract between the customer ("you") and Senza Rivali, LLC ("Senza Rivali”) and apply to the ordering, purchasing, fulfilment and delivery of Direct Import Goods from the top level domain name www.you.shoes (the "Website").
Please read the following Terms and Conditions carefully before placing your order. The Terms and Conditions contain important information about ordering, processing, fulfilment and delivery of Direct Import Goods.
You agree to be bound by the Terms and Conditions by accessing the Website, regardless of whether you create an account or make a purchase.
If you breach any of the Terms and Conditions, you are prohibited to continue using the Website.
If you do not agree with any part of these Terms and Conditions you must leave this Website immediately.
These Terms and Conditions may be updated periodically by Senza Rivali. Revisions will be posted to this page. You agree to be bound by any revisions.
"Direct Import Goods" means those goods available from Senza Rivali via the Website.
"Order" means an Order for Direct Import Goods placed via the Website.
"Taxes" means any taxes (including goods and services tax and other value added taxes), levies, imposts, charges and duties (including stamp and transaction duties, import and export duties) imposed by any authority together with a related interest, penalties, fines and expenses in connection with them in relation to a transaction contemplated under these Terms and Conditions.
COMMUNICATION BY US
As a condition of creating an account with Senza Rivali, you consent to us sending you Administrative E-mails and Promotional E-mails. In this document:
a) "Administrative E-mails" involve details of account activity and purchases you have made.
b) "Promotional E-mails" consist of product information, new offers and information about Senza Rivali. You may choose to opt-out of receiving Promotional E-mails anytime by simply clicking the unsubscribe button at the bottom of our E-mails and following the instructions.
PLACING YOUR ORDER
Your Senza Rivali Bespoke Co-Creator will place your order with Senza Rivali by completing an order form. We will issue you with an order number by e-mail. Once your order is placed, you make an offer to us to purchase the shoes you have designed, or other product you have selected, based on these Terms and Conditions.
Information contained on the Website constitutes an invitation to treat. No information on the Website constitutes or should be deemed as an offer by us to supply any shoes or other products.
We will notify you that your order is being processed by sending an order confirmation email to you. We do not formally accept your offer until your order has passed our internal validation procedures for:
- verifying the bona fides of each order placed, for the purpose of preventing credit card or payment fraud; and
- confirming with our suppliers that they are able to supply the shoes you have designed with your Bespoke Co-Creator.
Formal acceptance of your offer will occur when we e-mail you confirming your order.
If we cannot process or accept your order after payment is received we will contact you by e-mail or telephone.
You warrant to Senza Rivali that all goods that you order are intended for personal, domestic, non-commercial use only.
You agree that, if your offer is accepted by Senza Rivali in accordance with these Terms and Conditions, in addition to contracting with Senza Rivali in relation to the purchase of certain products, you are also separately contracting with Senza Rivali to arrange for the delivery of those products to your nominated address.
You agree and acknowledge that, if your offer is accepted by Senza Rivali in accordance with these Terms and Conditions that Senza Rivali is contracting to arrange for the delivery of the relevant products to your nominated address. Senza Rivali is considered the importer of record in respect of those products and you must comply with all laws and regulations of the country in which you are receiving the products.
You agree not to post or transmit to the Website any material which:
1. is threatening, defamatory, obscene, offensive, indecent, pornographic, abusive, discriminatory, liable to incite hatred, is in breach of confidence, or privacy, or is proprietary;
2. is not properly licensed for use on this Website;
3. violates or infringes the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any person;
4. constitutes or encourages an illegal act -- including criminal or civil liability, or acts which are otherwise prohibited by the law of any relevant country in the world;
5. infringes on the rights of a third party in any country in the world; or
6. has the potential to cause technical damage to the Website, or the equipment of other users of the Website (including, without limitation, viruses, trojans, worms, corrupted data or other malicious data or code).
You agree to not attempt to "hack" the Website or any other websites you do not own. This includes without limitation, trying to guess users’ passwords, "phishing", accessing "hidden" URLs, attempting to trigger remote code for the purpose of accessing data or material you would not otherwise have access to.
You may not reverse engineer, decompile, or disassemble the Senza Rivali shoe designer, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
You agree that Senza Rivali owes no royalty or license fee to you or any third party for use of material which is posted or transmitted to the Website. This includes but is not limited to images of shoes designed by you using our shoe designer, and photographs of shoes custom made for and sold to you. Senza Rivali is free to copy, distribute or incorporate such material into the Website for commercial or non-commercial purposes.
ACCESS TO SENZA RIVALI
Senza Rivali may assign you a password and account identification to enable you to access and use certain portions of the Website. Each time you use a password or identification, you will be deemed to be authorized to access and use the Website in a manner consistent with these Terms and Conditions. Senza Rivali has no obligation to investigate the authorization or source of any such access or use of the Website. You are solely responsible for all access to and use of the Website by anyone using the password and identification originally assigned to you whether or not such access to and use of the Website is actually authorized by you, including without limitation all, communications and transmissions and all obligations (including without limitation financial obligations) incurred through such use of access. You are solely responsible for protecting the security and confidentiality of the password and identification information assigned to you. You will immediately notify Senza Rivali of any unauthorized use of your password or identification or any other breach or threatened breach of this Website's security.
Gift certificates and e-gift certificates will not be redeemable or exchangeable for cash or replaced if lost or stolen.
You acknowledge that all discounts arising from promotional offers are applied to transaction amounts only before any applicable sales tax and existing account credit or gift certificate credit are applied to the total amount of your order.
Discounts will be calculated on the final amount of an order taking into account any refunds, additions or deletions. Where an order is changed after payment has been processed, Senza Rivali will recalculate the discount applied and only refund the difference between the price you paid and the price that you would have paid had your original order been for the amended order. Where a remake order has been placed on a discounted item that results in a change in price, Senza Rivali will credit or charge the difference in price for that item, as the case may be.
Promotional offers cannot be used to purchase gift certificates.
Only one promotional offer can be used per order.
Senza Rivali reserves the right to verify the validity of the promotional offers redeemed by you at any time. If we have reason to believe that there has been unauthorized use of a promotional offer then we can revoke this offer and cancel your order at our discretion.
RETURNS, REFUNDS and REMAKES
Our returns policy can be found under the link return policy at www.you.shoes. This policy forms part of this agreement and we agree to provide refunds in accordance with that document.
You may request that your shoes be remade. Provided your request is made within 60 days of receiving your order and the shoes are returned to us in an unworn condition, we will remake your shoes free of charge, taking into account any changes in price for materials, embellishments and services such as express production. In the event that a remake for your order has been placed and processed, we will do our best to remake your shoes to the same specifications as your original order. If this is not possible due to changes to our product, range and offering, we will notify you.
SUPPLY OF PRODUCTS
Subject to these Terms and Conditions, we will supply to you the products indicated on your order confirmation.
WHEN DESIGNING YOUR BESPOKE SHOES, THE IMAGES DISPLAYED ARE A REPRESENTATION ONLY, THE ACTUAL SHOE THAT IS CUSTOM MADE FOR YOU MAY DIFFER TO THE REPRESENTED IMAGES. YOUR ABILITY TO RETURN SHOES IS SUBJECT TO THE SENZA RIVALI RETURN POLICY.
When your order items have been dispatched, we will e-mail you to confirm.
DELIVERY OF YOUR PRODUCTS
Senza Rivali makes every effort to deliver your custom made shoes or other product purchased from the Website or a Bespoke Co-Creator within 45 days
Every effort is made to ship your order according to the estimated delivery times provided. Estimated ship times may vary or change due to changes in supply or circumstances beyond our control. If your custom made shoes or other product has not arrived after the estimated delivery time, please contact us.
Unless otherwise agreed by us, we will deliver your custom made shoes or other product to the address indicated on your order confirmation.
We will use our reasonable efforts to deliver your custom made shoes or other product to you within the estimated delivery time indicated on your order confirmation; however, we do not guarantee that we will deliver within this time frame. To the extent permitted by law, Senza Rivali will not be liable for any delay or inability to deliver your order within the estimated timeframe.
REVIEWS, COMMENTS AND SHOE DESIGNS
Except as otherwise provided elsewhere in these Terms and Conditions or on the Website, anything that you submit or post to the Website and/or provide Senza Rivali, including without limitation, shoe designs, ideas, know-how, techniques, questions, reviews, comments, and suggestions (collectively, "Submissions") is and will be treated as non-confidential and non-proprietary, and Senza Rivali shall have the royalty-free, worldwide, perpetual, irrevocable and transferable right to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, create derivative works from such Submissions by any means and in any form, and to translate, modify, reverse-engineer, disassemble, or decompile such Submissions. All Submissions shall automatically become the sole and exclusive property of Senza Rivali. You also grant Senza Rivali the right to publicly use the name that you include with any Submission when we refer to that Submission. You represent and warrant that you own or otherwise control all of the rights to any Submissions you make on the Website and that your use of your Submissions by Senza Rivali will not infringe upon or violate the rights of any third party. You shall not use a false e-mail address, pretend to be someone other than yourself or otherwise mislead Senza Rivali or third parties as to the origin of any Submissions or Content. Senza Rivali may, but shall not be obligated to, remove or edit any Submissions (including comments or reviews) for any reason.
Outbound links from this Website are provided for your convenience.
Senza Rivali has not reviewed these websites in any great detail, and cannot vouch for the content on these pages. You agree to access these links entirely at your own risk.
You are welcome to link to the Website provided you do so tastefully. If we feel your link is not in good taste, or is damaging to our brand (beyond mere criticism), we reserve the right to withdraw the right to link to the Website. You agree to remove the offending link at this time.
You shall not assign any rights and obligations under these Terms and Conditions whether in whole or in part without the prior written consent of Senza Rivali. Any unauthorized assignment shall be deemed null and void.
If any provision of these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Terms and Conditions and the remainder of the provisions in question shall not be affected.
Neither our failure nor your failure to enforce any part of these Terms and Conditions constitutes a waiver of such Terms and Conditions. Such failure will in no way affect the right to later enforce a part of these Terms.
Senza Rivali reserves the right to change the Terms and Conditions at any time.
No Senza Rivali employee or agent has the authority to vary any of the Terms and Conditions.
Senza Rivali shall not be liable for any delay in performing any of its obligations under these Terms and Conditions if such delay is caused by circumstances beyond the reasonable control of Senza Rivali, and Senza Rivali will be entitled to a reasonable extension of time for the performance of such obligations.
DISCLAIMER AND LIABILITY
While every effort has been made to ensure the information contained within this Website is correct, Senza Rivali makes no warranty as the accuracy, comprehensiveness, or correctness of any material, and provides all material on an "as is" basis.
Senza Rivali, including our partners, managers, members, directors, officers, shareholders, employees, agents, contractors, and other third parties associated with running the Website, to the maximum extent permitted by law, disclaim all liability and responsibility for any loss or damage that might be suffered by you or any third party caused by the Website or the products sold on it INCLUDING, WITHOUT LIMITATION, LOSS OR DAMAGE SUFFERED AS A RESULT OF NEGLIGENCE.
GOVERNING LAW AND SEVERABILITY
This contract will be governed by the laws of New York. Any dispute arising out of your use of the Website, or the products purchased on it shall be subject to the exclusive jurisdiction of the courts of that jurisdiction.
If a provision of these Terms and Conditions is or becomes illegal, invalid or unenforceable that shall not affect the validity or enforceability of any other provision.