Terms of service
OVERVIEW
1.1 This website is operated by The Foot Shop. Throughout the site, the terms “we”, “us” and “our” refer to The Foot Shop products. The Foot Shop offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
1.2 By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink.
1.3 These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.
1.4 Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service.
1.5 If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services.
1.6 If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
1.7 Any new features or tools which are added to the current store shall also be subject to the Terms of Service.
1.8 You can review the most current version of the Terms of Service at any time on this page.
1.9 We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website.
1.10 Please check this page for can changes each time you visit our site.
1.11 Your continued use of the website following such notification will represent an agreement by you to be bound by the Terms as amended.
1.12 These terms apply to any purchases you make, or orders you place, via the website.
1.13 For the avoidance of doubt, no other terms or offers (including, but not limited to, any promoted, displayed or offered in retail stores or via Live Events or any other pop-up stores) apply to any website order or purchase.
GENERAL CONDITIONS
2.1 We reserve the right to refuse service to anyone for any reason at any time.
2.2 You understand that your content (not including credit card information), may be transferred encrypted and involve:
(a) transmissions over various networks; and
(b) changes to conform and adapt to technical requirements of connecting networks or devices.
2.3 Credit card information is always encrypted during transfer over networks.
2.4 You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
2.5 The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
2.6 All prices on the website are quoted in New Zealand Dollars.
DELIVERY
3.1 A contract for the sale and purchase of goods will only be formed with you if we, at our discretion, accept an order for goods from you.
3.2 Acceptance will be by way of the delivery to you of the goods that you ordered.
3.3 We may at our discretion reject an order for goods (in which case we will refund any amounts paid by you in respect of those goods).
3.4 You may not revoke an order for goods (unless we agree otherwise).
3.5 Unless we have agreed otherwise, goods will be delivered after you have paid the purchase price in full
3.6 We will deliver the goods to the address provided by you when you placed your order.
3.7 We aim to have your parcel delivered to you within 3-7 working days from the date of your confirmed purchase (New Zealand customers)
3.8 We aim to have your parcel delivered to you within 15-30 working days from the date of your confirmed purchase (Overseas customers)
3.9 If you have not received your parcel within 30 working days you may contact us via email - info@thefootshop.co.nz.
4. ONLINE STORE
4.1 You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
4.2 You must not transmit any worms or viruses or any code of a destructive nature.
4.3 A breach or violation of any of the Terms will result in an immediate termination of your Services.
5. ACCURACY, ERRORS, COMPLETENESS, OMISSIONS AND TIMELINESS OF INFORMATION
5.1 We are not responsible if information made available on this site is not accurate, complete or current.
5.2 The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate or more complete sources of information.
5.3 Any reliance on the material on this site is at your own risk.
5.4 This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only.
5.5 We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site.
5.6 You agree that it is your responsibility to monitor changes to our site.
5.7 Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability.
5.8 We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
5.9 We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law.
5.10 No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
6. PRODUCTS OR SERVICES (if applicable)
6.1 Prices for our products are subject to change without notice.
6.2 All prices on the website are quoted in New Zealand Dollars.
6.3 We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
6.4 We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
6.5 Certain products or services may be available exclusively online through the website. These products or services may have limited quantities.
6.5 We have made every effort to display as accurately as possible the colours and images of our products.
6.6 We cannot guarantee that your computer monitor's display of any colour will be accurate.
6.7 We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction.
6.8 We may exercise this right on a case-by-case basis.
6.9 We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us.
6.10 We reserve the right to discontinue any product at any time.
6.11 Any offer for any product or service made on this site is void where prohibited.
6.12 We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
7. ACCURACY OF BILLING AND ACCOUNT INFORMATION
7.1 We reserve the right to refuse any order you place with us.
7.2 We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order.
7.3 These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address.
7.4 In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made.
7.5 We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
7.6 You agree to provide current, complete and accurate purchase and account information for all purchases made at our store.
7.7 You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
8. OPTIONAL TOOLS
8.1 We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
8.2 You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement.
8.3 We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
8.4 Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
8.5 We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
9. THIRD-PARTY LINKS
9.1 Certain content, products and services available via our Service may include materials from third-parties.
9.2 Third-party links on this site may direct you to third-party websites that are not affiliated with us.
9.3 We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
9.4 We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction.
9.5 Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
10. USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
10.1 If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation:
(1) to maintain any comments in confidence;
(2) to pay compensation for any comments; or
(3) to respond to any comments.
10.2 We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
10.3 You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right.
10.4 You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website.
10.5 You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments.
10.6 You are solely responsible for any comments you make and their accuracy.
10.7 We take no responsibility and assume no liability for any comments posted by you or any third-party.
11 PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy. Please see our Privacy Policy on this site.
12 PROHIBITED USES
12.1 In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content:
(a) for any unlawful purpose;
(b) to solicit others to perform or participate in any unlawful acts;
(c) to violate any international rules, laws, or local ordinances;
(d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
(e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
(f) to submit false or misleading information;
(g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet;
(h) to collect or track the personal information of others;
(i) to spam, phish, pharm, pretext, spider, crawl, or scrape;
(j) for any obscene or immoral purpose; or
(k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet.
12.2 We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
12.3 You must ensure that your access and use of this website is not illegal or prohibited by laws which apply to you.
12.4 You must take your own precautions to ensure that the process which you employ for accessing this website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. For the removal of doubt, we do not accept responsibility for any interference or damage to your own computer system which arises in connection with your use of this website.
12.5 You acknowledge that despite all reasonable precautions on our part, there is a risk of unauthorised access to or alteration of your transmissions of data or of information contained on your computer system or on this website. We do not accept responsibility or liability of any nature for any such losses which you may sustain as a result of such activity.
12.5 We do not accept any responsibility for malfunctions to computer systems, hardware or software, or for other errors, failures, or delays in computer transmissions or network connections or for lost, late, mutilated, illegible, incomplete or misdirected information
12.6 You are provided with access to this website only for your personal and non-commercial use.
12.7 You may not interrupt or attempt to interrupt the operation of the website in any way, or use the website in a manner that adversely affects the availability of its resources to others.
12.8 You may not use the website for any illegal purpose or in any manner that is inconsistent with the Terms.
13. COPYRIGHT
13.1 Copyright in this website (including text, graphics, logos, icons, sound recordings and software) is owned or licensed by us. Other than for the purposes of, and subject to the conditions prescribed under the Copyright Act 1994, and except as expressly authorised by the Terms, you may not in any form or by any means:
adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of this website; or
commercialise any information (including but not limited to images, text, videos or sound recordings), goods or services obtained from any part of this website, without our prior written permission.
13.2 You may not use of any trade marks appearing on the website, without the written permission of the trade mark owner.
14. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY, INDEMNIFICATION
14.1 We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
14.2 We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
14.3 You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
14.4 You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
14.5 In no case shall The Foot Shop, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
14.6 You agree to indemnify, defend and hold harmless The Foot Shop, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
14.7 Except as required by law, we will not accept liability to you in respect of any loss or damage (including indirect, special, or consequential loss or damage) which may be suffered or incurred by you or which may arise directly or indirectly in respect of:
(i) your use of this website;
(ii) any loss arising out of your use of, reliance on or failure to act, on any information contained on or accessed through this website;
errors, mistakes or omissions on this website;
goods or services supplied pursuant to an order placed on this website; and/or
any failure or omission on our part to comply with our obligations as set out in the Terms.
14.8 Our liability to you for loss or damage of any kind arising out of these Terms, or your purchase or use of any goods or product will be reduced or limited to the extent (if any) that you cause or contribute to the loss or damage.
15. SEVERABILITY
15.1 In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
16 TERMINATION
16.1 The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
16.2 These Terms of Service are effective unless and until terminated by either you or us.
16.3 You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
16.4 If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
17. ENTIRE AGREEMENT
17.1 The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
17.2 These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
18. GOVERNING LAW
18.1 These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of New Zealand.
19. CHANGES TO TERMS OF SERVICE
19.1 You can review the most current version of the Terms of Service at any time at this page.
19.2 We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website.
19.3 It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
We are not liable for any delay or failure to perform our obligations if such failure or delay is due to any cause outside of our reasonable control.
If any of the Terms are held to be invalid, unenforceable or illegal for any reason, the remaining terms and conditions shall nevertheless continue in full force.
CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at info@thefootshop.co.nz.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.