TERMS AND CONDITIONS
Last Update: October 10th, 2020
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE. YOUR USE OF THIS WEBSITE CONSTITUTES YOUR AGREEMENT TO Our Terms and Conditions, Privacy Policy and other general Policies displayed on this website. To maintain compliance with current legislation there will be periodic amendments to these Terms & Conditions and Policies.
You are advised to read these Terms & Conditions and Policies whenever you visit our website or make a purchase of products from the Online Shop. Access is permitted on a temporary basis, periodically we may restrict access to parts of the website or to the whole website. Additionally, we are not liable if the website is unavailable at any time or for any given period for any reason whatsoever.
TERMS OF USE
This website (the ‘Site”) is owned and operated by Custom and Leather Prints L.L.C, a Limited Liability Company formed in Wyoming and governed by Wyoming statutes, whose registered address is at 30 N Gould St Ste R. Sheridan, WY 82801, USA, trading in its own name and as ‘Mexicanizarte’.
Mexicanizarte (also herein referred to as ‘we’, ‘us’ or ‘our’) reserves the right to change, modify or alter these Terms of Use at any time, without prior written notice and in our sole and absolute discretion, and effective immediately upon posting on this Site. Please check this page periodically. If you violate these Terms of Use, we may terminate your use of the Site, bar you from future use of the Site, and/or take appropriate legal action against you.
TERMS OF THIS WEBSITE
The use of this Site is subject to these Terms of Use and all applicable laws. By visiting and using the Site, you signify that you have read, understand and agree to be bound by, consent to comply with, and consent to the practices described in, these Terms of Use, which govern your access and use of the Site and all content and functionalities available on the Site (or any of our other websites and related micro-sites accessed through the URL mexicanizarte-mx.com and related domain names) (the “Services”). We provide you access to this Site subject to your compliance with these Terms of Use.
You are granted a limited, revocable, non-transferable and non-exclusive license to utilize and access the Site pursuant to the requirements and restrictions of these Terms of Use. We may change, suspend, or discontinue any aspect of the Site at any time. We may also, without notice or liability, impose limits on certain features and services or restrict your access to all or portions of the Site. You shall have no rights to the proprietary software and related documentation, if any, provided to you in order to access the Site. Except as provided in the Terms of Use, you shall have no right to directly or indirectly, own, use, loan, sell, rent, lease, license, sublicense, assign, copy, translate, modify, adapt, improve, or create any new or derivative works from, or display, distribute, perform, or in any way exploit the Site, or any of its contents (including software) in whole or in part. You may not reproduce, distribute, display, sell, lease, transmit, create derivative works from, translate, modify, reverse-engineer, disassemble, decompile or otherwise exploit this Site or any portion of it unless expressly permitted by us in writing. You may not make any commercial use of any of the information or services provided on the Site or make any use of the Site for the benefit of another business unless explicitly permitted by us in writing in advance. We reserve the right to refuse service, terminate accounts, and/or cancel orders at our discretion, including, without limitation, if we believe that your conduct violates applicable law or is harmful to our interests.
Any breach of these Terms of Use shall result in the immediate revocation of the license granted in this paragraph without notice to you, and without prejudice to any other rights of Mina Talancón.
USER RESPONSIBILITIES
You agree not to do any of the following while accessing or using the Site:
- Access, tamper with, or use non-public areas of the Site, our computer systems, or the technical delivery systems of our providers.
- Probe, scan, or test the vulnerability of any of our systems or networks or breach or circumvent any security or authentication measures.
- Access or search or attempt to access or search the Site by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by us (and only pursuant to the Terms of Use), unless you have been specifically allowed to do so in a separate agreement with us.
- Forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Site to send altered, deceptive or false source-identifying information.
- Try to guess users’ passwords, “phishing”, access “hidden” URLs, attempt to trigger remote code for the purpose of accessing data or material you would not otherwise have access to.
- Reverse engineer, decompile, or disassemble our shoe designer.
- ‘Scrape’ content or store content of the Site on a server or other storage device connected to a network or create an electronic database by systematically downloading and storing all of the content of the Site.
- Remove or change any content of the Site or attempt to circumvent security or interfere with the proper working of the Site or the servers on which it is hosted.
- Interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Site, or by scripting the creation of your content in such a manner as to interfere with or create an undue burden on the Site.
- Create links to the Site from any other website, without our prior written consent, although you may link from a website that is operated by you provided the link is not misleading or deceptive and fairly indicates its destination. You shall not imply that we endorse you, your website, or any products or services you offer; you shall link to (and shall not frame or replicate) the home page of the Site, and the linked website shall not contain any content that is unlawful, threatening, abusive, defamatory, pornographic, obscene, vulgar, indecent, offensive or which infringes on the intellectual property rights or other rights of any third party.
You must only use the Site and anything available from the Site for lawful purposes (complying with all applicable laws and regulations), in a responsible manner, and not in a way that might damage our name or reputation or that of any of our affiliates.
ELIGIBILITY AND AGE OF USER
By using this Site you declare that you are of legal age to enter into any purchase agreement through the Website and shall be bound by these Terms of Use. If you are under 18 years’ old, your parent or guardian should use the Site on your behalf and you should not use the Site on your own or provide any personal information to us.
The purchase of products through this Site is strictly limited to parties who can lawfully enter into and form contracts on the Internet in accordance with the laws of the United States of America. In order to make purchases on this Site, you must provide your personal details, including but not limited to your legal first and last name, a valid e-mail address, payment details, valid billing address and other requested information. You represent and warrant that the payment details you provide are valid, complete and correct and confirm that you are the person referred to in the billing information provided.
The Site is only available to persons who meet our terms of eligibility, those who hold a valid credit or debit card issued by a bank acceptable to us, or a valid PayPal account, and those who have authorized us to process a charge or charges on their credit/debit card/PayPal account in the amount of the total purchase price for the product(s) which they purchase.
ACCOUNT REGISTRATION
Certain Services and related features that may be made available on this Site may require registration or subscription to enable your use of them. Should you choose to register or subscribe for any such Services or related features, you agree to provide complete, accurate and current information about yourself, and to promptly update such information if there are any changes. We may change our registration or subscription requirements from time to time.
You are solely responsible for maintaining the confidentiality of your account and password, for keeping passwords and other account identifiers safe and secure and for restricting access to your computer and your account by any third party. You agree to be responsible for all activities on the Site that occur on your account or password. Furthermore, you must notify us immediately of any unauthorized use of your password or account. We shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this paragraph. You may be liable for our losses or others due to such unauthorized use.
You acknowledge and accept that your use of the Site is in compliance with these Terms of Use. You further acknowledge and accept that we shall have no obligation to investigate the authorization or source of any account activity, including purchase activity following a proper log-in to the Site, which is defined as a matching and current member sign-in and user password. You shall notify the Company immediately of any unauthorized access to your Account or any other unauthorized use of the Site.
You agree that we may, without prior notice, immediately terminate, limit your access to or suspend your account based on any of the following:
- Breach or violation of these Terms of Use.
- Upon request by a law enforcement agency.
iii. Unforeseeable technical or security issues or problems.
- Extended periods of inactivity; or
- Fraudulent, deceptive or illegal activity, or any other activity which we believe is harmful to the Site or its business interests.
You agree that any termination, limitation of access and/or suspension shall be made in our sole discretion and that the we shall not be liable to you or any third party for the termination, limitation of access and/or suspension of your account.
You shall at all times be responsible for maintaining the confidentiality of your account from third parties and for preventing unlawful use of your account by any third party.
ORDER ACCEPTANCE
Your receipt of an electronic, or other form of, order receipt does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right at any time after receipt of your order to accept, decline, or limit your order for any reason, whether or not your credit or debit card has been charged. If applicable, your order shall be refunded in the original form of payment. If your credit or debit card has been charged and your order is canceled by us, we shall immediately issue a refund to your credit or debit card account in the amount of the charge and notify you that your order has been canceled. If the cancelled order was placed using Site credit, the credit shall be immediately available for re-use once the order is canceled. Promotions shall be refunded and reactivated in your account, as long as the promotion has not yet expired.
Orders are not binding until accepted and confirmed by us. Our acceptance of your order shall be evidenced by a return e-mail from mexicanizarte-mx.com to your e-mail address indicating that your order has been accepted and confirmed. We do not take cancellations once an order of customized shoes is placed*; And you have 24 hours to cancel any “Wholesale or regular” orders with a 15% penalization to cover our transaction expenses; or you can also exchange it for a gift certificate to use on any other purchase order with no penalization
Products purchased through the Site are for personal or gift use only and shall not be re-sold, used for commercial purposes or for any other commercial benefit. We reserve the right to restrict multiple quantities of an item being shipped to any one customer or delivery address
PAYMENTS AND CREDIT CARD SECURITY
Our transaction providers (e.g. PayPal), employ the latest secure server technology to ensure this information is protected to the highest standards. Encryption is used to safeguard your credit card information and only orders from web browsers that permit communication through Secure Socket Lay (SSL) technology are accepted – this means you cannot inadvertently place an order through an unsecured connection. Most web browsers above version three support this security. This encryption makes it virtually impossible for unauthorized parties to read any information that you send us. The encryption technique used is the highest standard available for e-commerce and certified by Symantec, one of the world’s most respected certification body for Internet firms.
However, the Company will not be responsible for any damages, consequential losses (whether direct or indirect) suffered by a customer whose credit card is fraudulently used or is used in an unauthorized manner as a result of using this website.
Our prices are published in USA dollars. We accept payments through credit or debit cards (Visa/MasterCard), PayPal and Mexicanizarte Gift Cards. If you are living in México we accept cash payments through Oxxo and other convenience stores. No other form of payment shall be accepted
If you decide to make a purchase from the Website, you agree to promptly pay the associated fee. You acknowledge that if you trigger a “chargeback” through your credit card provider we reserve the right to no longer to conduct business with you.
If your credit or debit card is not denominated in any of these currencies, the final price shall be calculated in accordance with the applicable exchange rate on the day your card issuer processes the transaction.
Orders are charged at the time your order is placed. By ordering from the Site, you agree that we may use personal information provided by you in order to conduct appropriate anti-fraud checks and such personal information may be disclosed to a credit reference or fraud prevention agency, which may keep a record of that information.
The details on the credit/debit card used to make the payment must match the exact ID information of the cardholder as held by the card issuer. Payment shall be debited and cleared from your account as soon as you place your order. You confirm that the credit or debit card that is being used is yours or that you have been specifically authorized by the owner of the credit or debit card to use it.
No credit or debit card details shall be stored, sold, shared, rented or leased to any third parties. We shall take reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of gross negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorized access to any data you provide when accessing or ordering from this Site.
When choosing to pay through PayPal, you shall be directed to the PayPal site to ‘Log In’ and review the amount shown before clicking ‘Pay Now’. Once this transaction is complete, you shall then be returned to the Site.
You are required to keep a record of all orders placed and paid for through the Site together with a copy of these Terms of Use and Terms and Conditions of Sale.
CHANGES IN PRODUCTS AND PRICING
We are constantly updating and revising our offerings of products, and we may discontinue certain products, shoe styles and materials at any time without notice. All pricing for the products is subject to periodic change without notice. For all of our prices and products, shoe styles and materials, we reserve the right to make adjustments due to changing market conditions, product discontinuation, suppliers’ price changes, errors in advertisements, and other extenuating circumstances.
We attempt to be as accurate as possible with our product descriptions and prices. However, we do not warrant that all product descriptions or prices are accurate. In the event that a product, shoe style or material is listed at an incorrect price or with incorrect information due to a typographical error or an error in pricing, we shall have the right to refuse or cancel any orders placed for products listed at the incorrect price. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit or debit card has been charged. If your credit or debit card has already been charged for the purchase and your order is canceled, we shall immediately issue a refund to your credit or debit card account in the amount of the charge and advise you of the canceled order
MADE TO ORDER / CUSTOM SHOE DESIGN ORDER TERMS AND CONDITIONS
By consenting to the terms and conditions you hereby understand that the items you are ordering are handmade, made to order items that are created in our facilities specifically for you. These items take time to create, and are typically completed between 2-4 weeks after your order is placed and the artwork has been authorized by you. Once your order is placed we do not allow alterations to sizing, material or images, nor do we permit refunds to be given in the event that these terms were overlooked and blindly agreed to. If you receive a custom/made to order item from us that is incorrect you may contact our support team with your order number in the subject line and they will be happy to assist you in an exchange for the correct items originally ordered.
We do not allow refunds due to impatience or in the event of unforeseen circumstances, e.g., “my boyfriend and I broke up and I don’t need these anymore,” “I didn’t know they’d take several weeks to create,” and so on. Please DO NOT ORDER MADE TO ORDER ITEMS OR CUSTOM ITEMS IF YOU DO NOT AGREE TO THESE TERMS.
Every pair of shoes is individually designed and manufactured for each one of our clients, due to this your order will be send 2-3 weeks after you approve the artwork for your Custom Made shoes. The shoes are customized with artwork designed especially for you or artwork you have sent for your shoes, however, the size of the shoes are made from industry average sizes.
Bridesmaids’ and Guests’ foldable flat shoes must be ordered 30 days before your wedding date and 45 days if they are customized in order to be delivered on time for your event.
In addition please take into consideration shipping times can take from 5 to 8 days (not including weekends and holydays).
All sketches and 3D prototypes displayed in the website or through digital communication are a representation only, the actual custom-made shoe may differ to the represented images. We have made every effort possible to ensure the colors are displayed as accurately as possible but we cannot guarantee your computer’s monitor shall accurately display the true color. If you have any questions about the color of an item please contact us prior to placing your order.
All shoes designed, generated, rendered and created by Mexicanizarte are our sole and exclusive property. You agree that all shoes designed on our platform are treated as non-confidential and non-proprietary, and we 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 by any means and in any form, and to translate, modify, reverse-engineer, disassemble, or decompile such designs. This includes but is not limited to renderings and images of shoes designed by you using our website, and photographs of shoes custom made for and sold to you through the Site. We are free to copy, distribute or incorporate such materials, images, renders and representations into the Site and other marketing and sales collaterals for commercial or non-commercial purposes.
In personalizing and customizing your shoes, please make sure not to use, upload, submit, copy or otherwise make public any names, words or phrases which fall into any of the categories:
- The name of a product, service, company, organization and/or event which belongs to someone else;
- The name or nickname of a famous person (living or dead);
iii. A name the use of which shall infringe or may infringe third party trademarks or other intellectual property rights;
- A name or words which are threatening, incite violence, are defamatory, obscene, discriminatory, inflammatory, sexually explicit or otherwise unlawful.
We reserve the right to reject any inscriptions which fall into any of the categories listed in the previous paragraph or which are otherwise unacceptable to Mexicanizarte and this shall result in your order being blocked from being submitted or cancelled. Further, we shall be entitled to claim compensation equal to the value of the products ordered. By placing your order for your customized product, you:
- Represent and warrant that any names, words or phrases you use, upload, submit, copy or otherwise make public for use on your customized order do not fall into any of the previously listed categories;
- Agree to indemnify us and our affiliated companies and keep us and our affiliated companies indemnified against all costs, expenses, damages, losses and liabilities incurred or suffered by us or our affiliated companies as a result of the use of any names, words or phrases used, uploaded, submitted, copied or otherwise made public by you (including use on your product);
iii. Grant us and our affiliated companies a non-exclusive, irrevocable royalty-free, worldwide, fully sub-licensable right to use, reproduce, disclose and modify the names, words or phrases submitted by you for the purposes of fulfilling your order.
If you sent us your own artwork for your shoes please note that: We print in CMYK, whereas the mockups, images or vectors are provided in RGB for viewing online. In addition, display settings can vary from device to device. This can result in slight differences between the color saturation and hue. Due to differences between RGB and CMYK color reproduction there will be variances between the image and the actual product.
WARRANTY, REFUND AND CANCELLATION POLICY
We Warranty
All our custom made Wedding Shoes and Groom shoes have a 1 Year warranty on manufacturing defects
Refund
Mexicanizarten offers a full refund of your purchase order if it is not deliver on time for your event date, this applies only in those cases where we sent your order after the shipping date we emailed you after you approved the artwork for your order from Mexicanizarte.
As we do not take responsibility for the shipping company’s delays; we highly advice you to consider planning ahead or to select expedited shipping service for an extra cost if your wedding date is too close.
Cancellation
We begin the designing and/or manufacturing process as soon as you place your order and are unable to make changes or cancel your custom order
Due to the nature of your order being personalized and customized, We do not take cancellations once an order of customized shoes is placed*; And you have 24 hours to cancel any “Wholesale or regular” orders with a 15% penalization to cover our transaction expenses; or you can also exchange it for a gift certificate to use on any other purchase order with no penalization
Be sure to consider that color varies between materials. The Site shows a very close representation of what your shoe shall look like. However, because it is a digital representation, we expect there shall be some variation between your screen and the product. If you have any questions about the color of an item please contact us prior to placing your order.
DELIVERY AND SHIPPING
We shall ship your order to the address specified in your order. The estimated delivery date of the products shall be stated in your artwork confirmation email. This shall under normal circumstances be approximately 2-4 weeks from the date your artwork is authorized.
Shipping costs shall vary depending on the size, weight and destination of your ordered items. Please check the shipping options at checkout for specific delivery fees. Delivery charges shall be added to the price of the products and shall be indicated in the currency you have chosen during the check-out process. Please note that the posted shipping time-frame, if provided, may vary from item to item. The posted shipping time-frame is contingent upon credit or debit card approval and may be delayed should we experience difficulties in obtaining authorization.
We shall not be responsible for any loss or liability or damage that may result from leaving your package at the shipping address without a signature. We also shall not be responsible for any international shipping delays caused by the customs clearance process.
International deliveries may be subject to country-specific taxes and duties. Duties and taxes are usually added into the final price of your order. For some countries, duties and taxes are not included in your check out price, and you will responsible for their payment once your shipment arrives. Unfortunately, we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.
International deliveries may be opened and inspected by customs authorities. You must comply with all applicable laws and regulations of the country for which the products are destined. We shall not be liable or responsible if you breach any such laws.
We reserve the right not to deliver to any country that is prohibited by applicable export laws. Orders cannot be delivered to PO Boxes or similar addresses. Orders can only be delivered to physical addresses.
Products comprised within the same order cannot be delivered to different addresses.
GIFT CARDS
You may choose to purchase a Mexicanizarte electronic-gift card which will be emailed to you and your chosen recipient. Gift cards shall expire at midnight 1 calendar year after the date of purchase.
We shall not be liable for delivery of an electronic gift card to an incorrect or non-existent email address. This is your sole responsibility. You will be cc’d in electronic gift cards emailed to your recipient.
We shall not be responsible if gift cards are lost, stolen, destroyed or used without your permission. Gift cards may not be reloaded, resold, transferred for value or redeemed for cash.
If your order exceeds the value of the gift card, all remaining balances exceeding the value of your gift credit must be paid by credit or debit card or via PayPal.
Gift cards cannot be returned or exchanged for a card refund.
COPY RIGHT
Unless otherwise indicated, the Site and all content contained therein, including but not limited to text, photographs, images, 3D renders, illustrations, icons, graphics, trademarks, trade names, logos and software (“Content”), is owned by Mexicanizarte and protected by applicable law. You agree not to copy, publish, use, display, transmit, modify, transfer, sell, reformat, distribute, create derivative works from, or in any way exploit the Content without the our prior written approval. In addition, any mechanized or systematic processes for harvesting information from the Site for any purpose is prohibited. Nothing contained in or on the Site should be construed as granting any license or right, by implication or otherwise, to use any of the Content at any time.
As we also work with image banks, If you believe our site is showing content that belongs to you or someone you represent; please e-mail us at legal@mexicanizarte-mx.com
OFAC SANCTIONED COUNTRIES
In accordance with the law of The United States of America, we shall not trade with or provide any services to individuals and companies owned or controlled by, or acting for or on behalf of countries, individuals, groups or other entities to which US Office of Foreign Assets Control (OFAC) sanctions apply, from time to time.
LINKS TO OTHER SITES
From time to time we may include links from the Site to sites that are owned by entities that are not affiliated with Mina Talancón. However, even if the third party is affiliated with us, we do not control these services and make no representations regarding these persons or entities. We are not liable or responsible for the accuracy, completeness, timeliness, reliability or availability of, any such parties. Outside sites linked to our Site, all of which have separate privacy and data collection practices, are only for your convenience and therefore you access them at your own risk. WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS A RESULT OF ANY DEALINGS WITH ANY THIRD PARTY WEBSITE OR MERCHANT OR OPERATOR OF SUCH A THIRD PARTY WEBSITE.
CONTACTING US
Please submit any questions you have about these Terms of Use to legal@minatalancon.com or write to us at Custom and Leather Prints LLC, 30 N Gould St Ste R. Sheridan, WY 82801, USA
PRIVACY POLICY
We take your privacy seriously and are committed to protecting information collected from you through minatalancon.com (the “Site”). This Privacy Policy describes what information we may collect from you, how we collect that information, how we use that information, and the choices you have regarding your information. By using the Site or providing information to us in other ways, you agree to be bound by this PRIVACY POLICY and the accompanying TERMS AND CONDITIONS.
This Privacy Policy was last updated October 10th, 2020, and may be updated from time to time. Please check back periodically for further updates and changes. The most updated version will be the one that is available on this website.
SECURITY
Our internal data security policies restrict access to your personal information to authorized employees. Authorized employees may use your personal information for business purposes only. Our employees are bound by policies that require them to maintain the confidentiality of your personal information. Employees who violate these requirements are subject to disciplinary action, up to and including termination.
We maintain physical, electronic, and procedural safeguards that are designed to guard your personal information. For example, for the security of your online visit to the Site, we may make use of firewall barriers, encryption techniques and/or authentication procedures. Any personal information you save on our Website through your online account will be stored on secure designated servers, accessible only to those who require it in order to process your order. Unfortunately, no data transmission over the Internet can be guaranteed to be absolutely secure. As a result, while we strive to protect your personal information, we cannot ensure or warrant the security of any information you transmit to us, and you do so at your own risk. In the event of a breach of the confidentiality or security of your personal information, we will notify you as necessary and to the extent possible so you can take appropriate protective steps. Unless you indicate otherwise, we may notify you under such circumstances using the email address you provided to us when you registered with the Site.
SOCIAL MEDIA SIGN-IN
By connecting to the Site through a third-party social media service (e.g., Facebook or Instagram), you give us permission to access and use your information from that service as permitted by that service, and to store your log-in credentials for that service. For more information on the types of information we collect from these third-party services, please read our Privacy Policy.
If you utilize a third-party social media service to access and use the social media features on the Site, you agree that we are not responsible for any content or information related to your account once it is shared and posted on a third-party social media service. If you use the Site and its social media features, you agree to respect other users of the Site in your interactions with them. We reserve the right, in our absolute discretion, to disable your account if we believe that you are violating any of these Terms of Use.
ELECTRONIC COMMUNICATION
You agree that we may communicate with you by email or by posting notices on the Site. You 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. You agree that we may send electronic mail to you for the purpose of advising you of changes or additions to the Site, about any of our products or services, or for such other purpose(s) as we deem appropriate. If, at any time, you decide that you do not wish to receive promotional emails, you can opt out of receiving such promotional emails by clicking on the link at the bottom of any promotional email
USER CONTENT
Your comments, feedback, suggestions, ideas, and other submissions disclosed, submitted or offered to us through the Site shall be and remain our property. You assign all property rights and interests to Mina Talancón allowing us unlimited use, commercial or otherwise, of any comments. Furthermore, we shall be under no obligation (i) to maintain any comments in confidence; (ii) to pay you any compensation for any comments; or (iii) to respond to your comments.
CONTESTS AND PROMOTIONS
Occasionally, we issue promotional codes, Site credits, and similar “gift certificates” which shall provide a credit towards a purchase on the Site when redeemed at checkout. Promotional codes and gift cards cannot be used after an order has already been placed and are not redeemable for cash. These codes are non-transferrable, and are to be used only by the intended recipient. In particular, we reserve the right to cancel a promotion and/or to reject redemption of a promotional code when the total value of the promotional code exceeds a certain value, generally the price of the item for which the promotional code is used.
Promotional credits are limited to one per transaction. Minimum spends may be required and shall be communicated in any correspondence. Where a promotion has been communicated via email, the promotional code is non-transferable and the email address provided during checkout must be the same as the email address to which the promotion was sent. We shall not be liable to you for any financial loss arising out of the refusal, cancellation or withdrawal of a promotion or any failure by you or your inability to use a promotional code for any reason.
Unless otherwise indicated, promotional codes do not cover the costs of any shipping, duties, and/or regional taxes where applicable. These are to be paid by you.
All promotions have an expiration date which will be indicated in your account or in any communication with you. Once a promotion has expired the amount paid by you in excess of the promotional credit may not be refunded. If the promotion is still active, it shall be refunded back to your account to be used towards a future order.
All our contest rules and regulations shall be communicated directly to you.
The decision to honor a voucher or a promotional code is at our sole discretion. All decisions are final and binding.
LIMITATION OF LIABILITY
In no event shall we have any obligations or liabilities to you or any other person for loss of profits, for loss of business or use, or for incidental, punitive, special or consequential damages, whether based on contract, tort (including negligence), products liability, or any other theory or form of action, even if we have been advised of the possibility thereof, arising out of or in connection with the sale, delivery, or use of the Products. Nor shall we have any obligations or liabilities to you or any other person for injuries caused by the wrong use of our products (e.g. wearing the wrong size, walking over slippery surfaces, etc.), or by yours or any other person’s inexperience wearing high heels, or cause by third party agents (e.g. wet floors, etc.…)
Our sole and entire maximum liability for any reason, and your sole and exclusive remedy for any cause whatsoever, shall be limited to the actual amount paid by you for the products you have ordered through the Site
FORCE MAJEURE
We shall have no liability to you under these Terms of Use if we are prevented from or delayed in performing our obligations under these Terms of Use, or from carrying on our business, by acts, events, omissions or accidents beyond our reasonable control, including, without limitation, strikes, lock-outs or other industrial disputes, failure of a utility service or transport or telecommunications network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or sub-contractors, provided that you are notified of such an event and its expected duration.
GOVERNING LAW
The use and membership of this Site, membership to any of our loyalty programs, any purchases made through this Site, and any controversy, claim or dispute arising out of or relating in any way to your use of the Site, your membership in or purchases through the Site, your account, or products purchased through the Site shall be governed by and construed with the laws of the United States of America and the State of Wyoming.
You waive the right to bring any controversy, claim or dispute arising out of or relating in any way to your use of the Site, your membership in or your Account, or products purchased through the Site as a class, consolidated, representative, collective, or private attorney general action, or to participate in a class, consolidated, representative, collective, or private attorney general action regarding any such claim brought by anyone else
INDEMNITY
By use of this Site, you agree to indemnify and hold Custom and Leather Prints LLC (and its officers, directors, agents, subsidiaries, joint ventures, and employees) harmless from any claim or demand, as well as losses, expenses, damages and costs, resulting from any violation of these terms of service or any activity related to your account (including negligent or wrongful conduct).
SEVERABILITY
If any provision in these Terms of Use is held invalid, the remainder of these Terms of Use shall continue to be enforceable. If any provision in these Terms of Use is deemed unlawful, void or unenforceable, then that provision is deemed severable from these Terms of Use and the remaining provisions are still valid and enforceable
TERMINATION
We reserve the right in our sole discretion to terminate your account, delete your profile and any of your user generated content, and restrict your use of all or any part of the Site for any or no reason, without notice, and without liability to you or anyone else. We also reserve the right to block users from certain IP addresses or device numbers and prevent access to the Site. You understand and agree that some of your user generated content, such as that which is displayed outside your profile, in activity feeds, in other parts of the Site, or on other platforms (e.g., Facebook, Instagram, Google, etc.), may continue to appear on the Site after your user generated content is removed or your account is terminated. These Terms of Use remain in effect even after your account is terminated.