TERMS AND CONDITIONS
By using this Website, you represent and warrant that you are of legal age to form a binding contract with Delaroq and meet all of the foregoing eligibility requirements. This Website is offered and intended for users, and orders can only be placed by user, who 18 years of age or older. If you do not meet all of these requirements, you must not access or use the Website.
We reserve the right to stop or change any service, product or material we provide on the Website, in our sole discretion without notice. We reserve the right to restrict access to some parts of the Website, or the entire Website to certain users at any time in our sole discretion for any or no reason.
To make a purchase or access certain services, you may need to register for an account and may be required to be logged in to the account. You may be asked to provide certain registration details or other information at registration. It is a condition of your use of the Website that all the information you provide on the Website is correct, current and complete. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. We have the right to disable any user name, password or other identifier, at any time in our sole discretion for any or no reason.
When you log on to your account, you can track your order and access to your purchase history. You can also manage your payment information and preferences. Your payment information will be protected using Shopify Payments Encryption.
To delete your account, please contact firstname.lastname@example.org.
Order Confirmation. After submitting your order through our Website, we will send you an order confirmation e-mail containing your order number, product description, payment information and delivery details. Please note that the confirmation e-mail is an acknowledgement that we have received your order and is not an acceptance of the order.
Shipping Confirmation. Once we have processed your order, we will send you a shipping confirmation e-mail containing all relevant information about your order. The shipping confirmation is our acceptance of your order.
Product Availability. All orders placed by you are subject to availability. We do not guarantee that all products presented on the Website are in stock at the time of your order. If a product is unavailable, we will contact you shortly, by e-mail. If we already have received payment for such product, we will refund you the amount of the purchase.
Pricing. Prices and delivery costs on our Website DO NOT include sales tax. We reserve the right to cancel a confirmed order or processed order for any reason or no reason, including in an event of a price error. Your delivery costs are shown in connection with the shipping methods at checkout.
No Resale. By purchasing products on our Website, you represent and warrant that your purchase is for personal use only and not for commercial resale.
Reserved Rights. We reserve the right to refuse or cancel any order for any reason without explanation.
Credit Cards. We accept Visa, MasterCard, Discovery Card and American Express. Your card is debited when we accept your order and send you the order confirmation email. By providing your credit card information to us, you confirm that you are authorized to use the credit card.
Security. We do our best to make our Website as secure as possible. All credit card transactions on the Website are processed using Shopify Payments, a secure online payment gateway that encrypts your card details in a secure host environment. Credit and debit card holders may be subject to validation checks and authorization by the card issuer. If the issuer of your payment card refuses to authorize payment to us, your order will be cancelled. We are not responsible for any charges or penalties imposed by the payment provider as result processing your order.
PayPal. We may also accept PayPal for certain orders. You will be directed to the PayPal site to “Log In” and review the amount shown before clicking “Pay Now”. Once this transaction is complete, you will then return to the Website.
Gift Cards. When placing an order with a gift card, the order can only be shipped to the same country as where the gift card was issued. We are unable to change the currency of the gift card in order to use it in another country. Gift cards are valid five years from the date when they were purchased.
You can choose the shipping method at checkout. Delivery times are provided as guidelines only measured from the date of dispatch and do not account for delays due to payment authorization and/or stock availability. We try to dispatch shipments within 24 hours of accepting your order on weekdays or 1-2 business days during sales periods. However, sometimes dispatch can take up to 7 business days. If we fail to deliver within 30 days, you may have the right to cancel the purchase.
For security reasons, we reserve the right to ship first-time orders to the cardholder's verified billing address or work address.
CANCELLATIONS; RETURNS; DEFECTIVE PRODUCTS
Cancellations. To cancel an order you must contact email@example.com before our warehouse starts processing it, after that we cannot guarantee a cancellation. If you have requested a cancellation after the warehouse starts processing it and cancellation is thus not permitted, then you must return the item for a refund instead.
Returns. You may request a return of your purchase for a refund by contacting us at firstname.lastname@example.org. Be sure to include your order information and that your subject line reads “RETURN REQUEST.” If the option is available to you, you may also request following the return instructions provided in your account.
Condition of Merchandise. All returned merchandise must be in its original, unworn condition and with tags attached, and must be postmarked within 30 days from the date you received the product. At this time we do not offer exchanges. You may request a refund in accordance with this section 8 and place a new order.
Refunds. If you choose to return your purchase in accordance with the terms set forth in this section 8, we can issue a refund of the amount paid to us minus all outbound shipping costs. A full refund can be issued only if the product is in the same conditions as at the time of delivery. We reserve the right to deduct for any diminished value to the returned product due to your handling of the products. To avoid a deduction, please make sure the returned product is in the exact same condition as when you received them, with tag and seal still attached. Shoes and accessories that come in a special box, must be returned in their undamaged original box which is considered to be a part of the product. All refunds will be made using same payment method you used at the purchase.
Personalized items. Personalized items cannot be returned or refunded, because the product has been clearly customized to you. Accepted orders of personalized items cannot be cancelled.
Final Sale. Marked-down items are considered as "FINAL SALE," and are not eligible for return without exception. FINAL SALE items are sold “AS IS.”
Defective products. If you receive defective products, please notify us immediately and within a reasonable time after you have detected that the products are defective. If we reasonably determine that the products are in fact defective, Delaroq reserves the right to send you a non-defective identical replacement item or make a full refund to you (including shipping costs).
Colors. We strive to describe the products at our Website as accurately as possible, however, we cannot be held responsible for any discrepancy we cannot control, such as the color settings of your computer and the type of monitor you have.
The Website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by us, our licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. “Delaroq” and all related names, logos, product and service names, designs and slogans are trademarks of Delaroq or our affiliates or licensors. You must not use such marks or other rights without our prior written permission.
You must not: (a) impersonate or attempt to impersonate us, our employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing); (b) attempt to interfere with, damage or disrupt the Website; attempt to disable, overburden, damage, impair or otherwise interfere with the proper working of the Website, including attempting a denial-of-service attack or a distributed denial-of-service attack; or attempt to restrict, inhibit, or interfere anyone's use or enjoyment of the Website, including their ability to engage in real time activities through the Website; (c) use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website; (d) use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent; (e) introduce any viruses, Trojan horses, worms, logic bombs or other material which is malicious or technologically harmful; or (f) attempt to gain unauthorized access to any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website.
LINKING TO THE WEBSITE AND SOCIAL MEDIA FEATURE
If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
You may link to our Website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.
This Website may provide certain social media features that enable you to: (a) link from your own or certain third-party websites to certain content on this Website; (b) send e-mails or other communications with certain content, or links to certain content, on this Website; or (c) cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.
We reserve the right to withdraw linking permission without notice. You agree to cooperate with us, upon request, in causing any framing or linking immediately to cease. We may disable all or any social media features and any links at any time without notice in our discretion.
DISCLAIMER OF WARRANTIES
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NONE OF DELAROQ NOR ANY PERSON ASSOCIATED WITH US MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NONE OF DELAROQ NOR ANY PERSON ASSOCIATED WITH US REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
LIMITED LIABILITY AND INDEMNIFICATION
IN NO EVENT WILL DELAROQ, ITS AFFILIATES OR THEIR LICENSORS, SUPPLIERS OR SERVICE PROVIDERS, AND ITS AND THEIR RESPECTIVE EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
IN NO EVENT SHALL OUR LIABILITY TO YOU WITH RESPECT TO ANY PARTICULAR ORDER EXCEED THE TOTAL PURCHASE AMOUNT FOR SUCH ORDER.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
In no event will we be liable for any failure or delays caused by or results from acts beyond our reasonable control, including, without limitation: acts of God; flood, fire or explosion; war, invasion, riot or other civil unrest; ongoing actions, embargoes or blockades; national or regional emergency; strikes, labor stoppages or slowdowns or other industrial disturbances; compliance with any law or governmental order, rule, regulation or direction, or any action taken by a governmental or public authority, including but not limited to imposing an embargo, export or import restriction, quota or other restriction or prohibition, or failing to grant a necessary license or consent; shortage of adequate power or telecommunications or transportation facilities; or any other event which is beyond our reasonable control (each a “Force Majeure Event”). In the event of a Force Majeure Event, our obligations to you will be suspended and you or Delaroq can terminate, partially or fully, our sales contract.
GOVERNING LAW; DISPUTE RESOLUTION
YOU AND DELAROQ EXPRESSLY AGREE THAT EACH SHALL BRING ANY DISPUTE, IN ANY AMOUNT, AGAINST THE OTHER, IN EACH OTHER’S RESPECTIVE INDIVIDUAL CAPACITIES AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE PROCEEDING OR AS AN ASSOCIATION. IN ADDITION, YOU AND DELAROQ EACH AGREE THAT ALL DISPUTES SHALL BE ARBITRATED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. THE ARBITRATOR DOES NOT HAVE THE POWER TO VARY THESE PROVISIONS.
The provisions of this section 15 shall constitute your and Delaroq’s written agreement to arbitrate Disputes under the Federal Arbitration Act (“Arbitration Agreement”). Any modification to this Arbitration Agreement shall be in writing and signed by you and Delaroq. The arbitration will be administered by the American Arbitration Association (“AAA”) and conducted before a single arbitrator pursuant to its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes, available at http://www.adr.org or by calling 800-778-7879. The arbitrator will apply and be bound by this Agreement, apply applicable law and the facts, and issue a reasoned award. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. All arbitrations are to be conducted in New York County, State of New York.
Notwithstanding the foregoing, we may seek injunctive or other equitable and legal relief from a court of competent jurisdiction to protect our confidential information and intellectual property rights or to prevent loss of data or damage to its servers. Any such legal suit, action or proceeding shall be instituted exclusively in the federal courts of the United States or the courts of the State of New York, although we retain the right to bring any suit, action or proceeding against you in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
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All other feedback, comments, requests for technical support and other communications relating to the Website should be directed to: email@example.com