Welcome to Italian Footwear Solutions!
Table of Contents
- Definitions and Interpretation
- Account Registration and Safety
- Terms of Sale
- Order Placement and Acceptance
- Product Images and Availability
- Pricing and Payments
- Shipping Policy
- Gift Voucher – Terms and Conditions
- Redeeming a gift voucher
- Intellectual Property
- Information Disclaimer
- Account Termination
- Prohibited Activities
- Feedback and Suggestions
- Links to Third-Party Websites
- Governing Law and Jurisdiction
- Disclaimer of Warranties
- Limitation of Liability
- General Provisions
- Force Majeure
1. Definitions and Interpretation
The following terms shall have the meaning as defined hereunder:
“Customer” refers to a user who places an order through our website.
“Product” refers to an item listed/offered for sale on the website.
“User” refers to a website visitor and includes any reference to a customer.
All section headings in the Agreement are for convenience only and shall not affect the Agreement’s interpretation. The use of the masculine, feminine, neuter gender and the singular or plural number shall not be given the effect of any exclusions or limitations herein. All pronouns shall be deemed masculine, feminine, neuter, singular, or plural, as the person or entity’s identity may require. If this Agreement is made available in more than one languages, the English language version shall prevail.
The website is only made available to you if you are at least 18 years of age and have the capacity to enter into legally binding contracts. Please do not submit any personal information or purchase any products through the website if you are under 18 years of age and lack the capacity to enter into legally binding contracts. IN THE INTEREST OF PROTECTING CHILDREN’S PRIVACY, PERSONS UNDER THE AGE OF THIRTEEN YEARS ARE STRICTLY PROHIBITED FROM SUBMITTING ANY PERSONAL INFORMATION THROUGH THE WEBSITE.
We reserve the right to amend any provisions of this Agreement and any information on our website, at our sole discretion, without prior notice to you. All amendments to this Agreement shall be effective from the date we post the updated version on this page. You are advised to periodically review this Agreement to familiarize yourself with any material changes. Your continued use of the website after the effective date of any amendments shall constitute your acceptance of such amendments.
4. Account Registration and Safety
You can either create a user account on the website or place your order as a guest. By registering a user account, you will be able to use some additional functionality, including but not limited to storing your billing and shipping address for future purchases and keeping track of your past transactions. We provide all user accounts at our sole discretion. We may decline to provide a user account to any user without providing any reason for our decision.
User Account Security As a user account holder, you agree to keep your account username and password confidential. Any activity on your user account is solely your responsibility. If you suspect any unauthorized activity on your user account, please immediately notify us at email@example.com . You release us from any liability arising out of or associated with any unauthorized access to your user account.
5. Terms of Sale
All orders placed through our website are subject to the following provisions:
a. Order Placement and Acceptance
i. The Service enables you to conveniently order any products listed on the website and pay with your preferred mode of payment. We currently accept online payments using major credit cards, cash on delivery and credit card upon delivery. Please note that when you opt for cash on delivery or credit card on delivery as your mode of payment, you will incur an additional administrative fee of 10 AED, which will be added to the total order amount payable by you upon delivery.
ii. Once you have added the products to your shopping cart, you can review and confirm your order details, including your shipping address, billing information (if paying online), and total purchase price, before submitting your order.
iii. You understand and accept that your order is an offer to purchase the ordered product/s. Your order is only deemed accepted after we send you an order acceptance email listing the products that will be billed and delivered to you.
iv. If your order contains more than one product, we reserve the right to accept your order in part by processing only products specified in our order acceptance email.
v. Please note that there may be occasions when we are not able to accept your order for reasons, including:
1. If the ordered product is unavailable;
2. Any pricing or product description errors on our website at the time you placed your order;
3. If we are unable to bill your payment method for your order;
4. If you are in breach of any provision of this Agreement.
5. If we do not offer products in your location or if the carrier does not service your area.
If we are unable to accept your order, we will contact you to inform you that your order could not be accepted.
b. Product Images and Availability
i. All product images available on the website are for illustration purposes only. Product colours may vary slightly from images displayed on the website due to different screen resolutions and studio lighting during a product shoot. For any pre-sale product related questions, please contact us at firstname.lastname@example.org.
ii. All orders are subject to availability. You understand and accept that products that are sold-out or withdrawn may be removed from our website without any prior notice or incurring any liability. If you order multiple products as part of the same transaction and one of the ordered products is unavailable, we may fulfil your order in part by removing any out of stock or withdrawn products from your order.
c. Pricing and Payments
i. Although we ensure that all product prices on the website are correct and current, please understand that errors are possible. If there was an error in the price of a product you ordered, we will contact you, and you will have the option to either confirm your order at the correct price or cancel your order. If we are unable to reach you, we reserve the right to remove the incorrectly priced product from your order and refund the full amount paid by you for that product. We do not have any legal obligation to accept orders at a lower price due to any errors in pricing on our website.
ii. We reserve the right to change any product’s price on our website or withdraw any offers without giving any prior notice to you. Some offers may be subject to additional terms and conditions that are not contained in this Agreement. Please review the relevant offer terms and conditions when buying a product on offer.
iii. All prices displayed on our website are in AED.
iv. Product prices as listed on the website are exclusive of applicable taxes, duties and shipping fees. The full order amount, including applicable taxes, duties and shipping fees, will be clearly displayed to you on the checkout page.
v. When you select to pay online, you authorise our third-party payment processor or us to process your credit/debit card for the full ‘order amount’ (Product Price plus Shipping fees and taxes) at the time the order is placed. When you select to pay cash on delivery or credit card on delivery, you agree to pay the full order amount to the delivery person at the time of delivery.
vi. The Company reserves the right to change the acceptable modes of payment at any time without incurring any liability.
vii. Please note that if you select online payment as your mode of payment, we will not be liable for any delay or non-delivery resulting from any payment authorisation refusal by your payment card issuer. In such circumstances, we will cancel your order, and you will have the option to place a new order with a different payment method.
viii. By providing us with your payment information, you also authorise us to perform any required credit checks and obtain any authorisations we deem necessary. You also represent and warrant that you have the right to use the provided payment method to make the purchase.
d. Shipping Policy
All orders will be shipped to the shipping address provided by you at the time you submit your order. It is solely your responsibility to carefully review your shipping address before submitting your order. We will not accept any responsibility for deliveries made to incorrect or incomplete shipping addresses provided by you. If your address is in a remote area, please provide any details that may help the carrier to deliver to your address. You understand and accept that delivering to remote areas may take longer than our usual estimated delivery period, and some areas may not be serviced by our shipping service provider. Subject to the applicable provisions of this Agreement, all risk and title in the ordered product will pass to you upon delivery. We currently only ship products to the countries listed on our website. Please note that if you provided us with an incorrect shipping address and your order has already been dispatched, we will require the order to be returned to us before we can issue you a refund in accordance with our returns and refunds policy. You shall be solely responsible for any return shipping fees incurred in returning an order from such an incorrect shipping address. If the order is not returned, you will not be eligible for a refund.
i. Carriers and Delivery Time We make use of third party shipping service providers to deliver your ordered product. We will provide you with an estimated delivery time for your order in your order acceptance email. Although our shipping service providers make their best effort to ensure that your order is delivered on time, we will not be held liable for any loss or damage incurred by you or any other person as a result of any delay in delivery due to no fault on our part. You understand and accept that all delivery time frames provided by us are estimates only.
ii. We will display all applicable shipping fees, administrative fees, and taxes for your order (excluding customs duties payable by you to your local Customs authority) on the checkout page. You will be solely responsible for the payment of all shipping fees, administrative fees, taxes and duties on your order. Please carefully review all amounts before submitting your order.
iii. Customs Duties Cross border deliveries can attract duties in the destination country. Please note that our product prices do not include any applicable importation duties which may be imposed by customs in your country. You shall be solely responsible for the payment of any import duties applicable to your order.
iv. Unsafe Shipping Address Please provide us with a secure shipping address so you, or a person authorised by you, can accept your order’s delivery. We will not be responsible for any theft or damage if you provide us with an unsafe shipping address where your parcel will be left unattended. All risk in the order will pass to you once the tracking reflects that the order was delivered to your specified shipping address. We will not offer any replacement or refund for any loss or damage arising from an unsafe shipping address.
6. Gift Voucher – Terms and Conditions
We reserve the right to offer our customers the ability to purchase gift vouchers through the website. Please note that all gift voucher sales are final, and unless required by law, we will not offer any refunds for your unused or cancelled gift vouchers.
a. Redeeming a gift voucher In order to redeem a gift voucher, you may be required to create a user account on the website. Gift vouchers can only be used to purchase a product that is available on the website. We do not offer any guarantees that a product will be available for sale at any given time. We reserve the right to change the way a gift voucher can be redeemed. In the event you purchase a product that either exceeds or is below the gift voucher amount available in your account, you may become liable or entitled to settle the balance. PLEASE NOTE THAT GIFT VOUCHERS MAY EXPIRE ON THE DATE STATED ON THE VOUCHER.
b. Limitations You understand and accept that we are unable to process any refunds for returns of products purchased with a gift voucher. Where you return a product that was purchased with a gift voucher, provided your return satisfies all the requirements of our returns policy, we will issue you a store credit which may be used to purchase another product available on our website.
7. Intellectual Property
All information, material and content available on the website, including but not limited to text, images, audio, video, logos, trademarks, and the like (“Company Content”), is owned either by the Company or its licensors. All Company Content is protected by copyright, trademark, and applicable laws and conventions. You shall not copy, sell, resell, reproduce, republish, modify, distribute, or create any derivative work of any Company Content without the consent of the copyright owner. You are forbidden from removing any copyright, trademarks, and any proprietary notices from any Company Content. The Company only grants you a personal, non-exclusive, non-transferable, non-sublicensable, and revocable limited license to use the website for your personal and non-commercial use only. Nothing in this Agreement grants you any legal rights that are not expressly granted in this Agreement.
8. Information Disclaimer
ALTHOUGH WE MAKE OUR BEST EFFORT TO ENSURE THAT ALL THE INFORMATION ON OUR WEBSITE IS CORRECT, CURRENT AND COMPLETE, YOU ACKNOWLEDGE THAT THE WEBSITE MAY CONTAIN ERRORS (INCLUDING PRICING ERRORS), OMISSIONS AS WELL AS OUTDATED INFORMATION. WE RESERVE THE RIGHT TO RECTIFY ANY ERRORS, INACCURACIES OR OMISSIONS AS WELL AS REMOVE OR UPDATE ANY INFORMATION AVAILABLE ON THE WEBSITE AT ANY TIME WITHOUT GIVING ANY PRIOR NOTICE TO YOU. WE NEITHER MAKE ANY REPRESENTATION NOR OFFER ANY WARRANTIES AS TO ANY SPECIFIC RESULTS THAT MAY BE ACHIEVED THROUGH THE USE OF OUR SERVICES. THEREFORE, WE WILL NOT BE RESPONSIBLE FOR ANY CONSEQUENCES RELATING DIRECTLY OR INDIRECTLY FOR ANY OMISSION/ACTION YOU TAKE BASED ON ANY INFORMATION AVAILABLE ON THE WEBSITE. IF YOU HAVE ANY QUESTIONS REGARDING ANY PRODUCT OR CONTENT AVAILABLE ON OUR WEBSITE, PLEASE CONTACT US AT INFO@JUSTKIDSBRANDS.COM.
9. Account Termination
Termination by the user You may terminate your user account at any time by accessing the account settings or by contacting us at email@example.com with the words ‘account termination’ in the subject line.
Termination by the Company We reserve the right to terminate your user account at any time without giving prior notice if we have reason to believe that:
Your conduct is harmful to us or any of our users; or
You are in breach of this Agreement.
Consequences of Termination After your user account is terminated, any store credits available in your user account will also be deleted. Please note that you will not be able to reactivate your account after termination or redeem your store credits.
10. Prohibited Activities
You shall not:
Use the website or any content made available through the website for any illegal or unlawful purposes;
Post any content on the website that may be potentially or actually harmful to the Company or any user;
Post any content or information on the website that is false, inaccurate, misleading, or deceptive;
Post any defamatory content, libellous or threatening content on the website;
Post any content that is pornographic, inappropriate, or unlawful;
Use any computer programming routines that may damage, modify, delete or interfere with any system or network connected to the website;
Use any robot, data mining, or other retrieval tools to scrape any data/information from any part of the website; or
Reformat or frame any portion of the website.
11. Feedback and Suggestions
We welcome our customers’ feedback about our Service and any suggestions for improvements. Although we love to receive feedback and suggestions, we want to avoid all misunderstandings as to the nature of this communication. When you send your feedback or suggestions to us, you understand that you are granting us a fully-paid and exclusive, irrevocable, perpetual, and worldwide license to use or share your submission, in whole or part, without any restriction or compensation to you, either now or ever in the future. You understand and accept that the Company has the right to use your feedback or suggestion in any manner and for any purpose we deem fit, but we are not under any obligation to do so. Your feedback and suggestions are not confidential in nature and will not be protected by any confidentiality agreements.
12. Links to Third-Party Websites
13. Governing Law and Jurisdiction
This Agreement shall be governed by and construed in accordance with the laws of the Emirate of Dubai and the federal laws of the United Arab Emirates, as applicable. You hereby agree to submit to the exclusive jurisdiction of the courts of the Emirate of Dubai to resolve any disputes arising out of this Agreement.
14. Disclaimer of Warranties
ANY PRODUCT OFFERED FOR SALE ON THE WEBSITE IS WARRANTED ONLY IF, AND TO THE EXTENT OF ANY APPLICABLE MANUFACTURER’S WARRANTY. OUR WEBSITE AND PRODUCTS OFFERED FOR SALE THROUGH THE WEBSITE ARE PROVIDED TO YOU ON AN “AS-IS” AND “AS AVAILABLE” BASIS. THE COMPANY AND ITS OFFICERS DISCLAIM ANY WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY OR NON-INFRINGEMENT. THE COMPANY DOES NOT MAKE ANY REPRESENTATIONS OR OFFER ANY WARRANTIES THAT:
(A) THE WEBSITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR IN ANY PARTICULAR LOCATION;
(B) THE CONTENT/INFORMATION AVAILABLE ON THE WEBSITE IS ACCURATE, CURRENT AND/OR COMPLETE;
(C) THE WEBSITE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE;
(D) ANY ERRORS OR DEFECTS WILL BE RECTIFIED;
(E) THE WEBSITE WILL MEET YOUR REQUIREMENTS;
(F) THE WEBSITE WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES AND OTHER HARMFUL CODE.
THE COMPANY DOES NOT OFFER ANY GUARANTEE OR MAKE ANY PROMISES REGARDING ANY SPECIFIC RESULTS FROM THE USE OF THE WEBSITE OR CONTENT. YOUR DECISION TO USE OUR SERVICE IS ENTIRELY AT YOUR OWN RISK.
15. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE TOTAL LIABILITY OF THE COMPANY, ITS EMPLOYEES, CONTRACTORS AND/OR AFFILIATES (COLLECTIVELY “THE COMPANY AND ITS OFFICERS”) FOR ANY LOSSES, DAMAGES OR COSTS INCURRED BY YOU, AS A RESULT OF YOUR USE OF THE WEBSITE OR PRODUCTS PROVIDED BY THE COMPANY AND ITS OFFICERS EXCEED THE GREATER OF (I) THE AMOUNT PAID BY YOU TO THE COMPANY FOR THE PRODUCT THAT GAVE RISE TO THE CLAIM, OR (II) FIFTY AED. WITHOUT LIMITING THE FOREGOING, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, ITS EMPLOYEES, CONTRACTORS AND/OR AFFILIATES (COLLECTIVELY “THE COMPANY AND ITS OFFICERS”) BE HELD LIABLE TO ANYONE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR OTHER DAMAGES OF ANY NATURE, INCLUDING LOSS OF SAVINGS, COSTS OF ACQUIRING SUBSTITUTE PRODUCT OR OTHER COSTS, ARISING OUT OF OR ASSOCIATED WITH THE USE OF THE SERVICE, AND/OR CONTENT AVAILABLE ON THE WEBSITE, EVEN IF THE COMPANY WAS PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTHING IN THIS AGREEMENT SHALL HAVE THE EFFECT OF LIMITING YOUR STATUTORY AND OTHER CONSUMER RIGHTS IN THE UAE.
You agree to indemnify, defend and hold harmless the Company and its officers from and against any claims, liabilities, damages, losses, costs, and expenses, including, without limitation, reasonable legal fees arising as a result of:
a) Use of the website by you or another party using your user account; and/or
b) Any breach of this Agreement by you.
The Company reserves the right, at its own expense, to assume the exclusive defence of any matter otherwise subject to indemnification. You agree that you will not settle any claim without the express written consent of the Company.
17. General Provisions
Waiver Any omission on the part of the Company to exercise its right or remedy under this Agreement will not constitute a waiver of that right or remedy by the Company.
Assignment The Company may assign any of its rights and obligations to any other person at its sole discretion without giving any notice to the user. The user may not assign, sublicense or otherwise transfer any of his/her rights or obligations under this Agreement to any other person without the express written consent of the Company.
Severability If any provision of this Agreement is held to be unlawful, void, or for any reason found to be unenforceable, then that provision will be limited or eliminated from this Agreement to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.
18. Force Majeure
The Company shall not be responsible for any damage or loss of any nature suffered by any user that is caused by events beyond the Company’s reasonable control, including any acts of God, civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, any failure of electricity, server system, or internet service.