Terms of service
OVERVIEW
Welcome to 99Shoes! The terms "we" and "our" refer to 99Shoes. 99Shoes operates this store and website, including information, content, features, tools, products, and services, to provide you, the customer, with an appropriate shopping experience (the "Services"). 99Shoes is powered by Shopify, which enables us to provide you with the Services.
The following terms and conditions, together with any included disclosures ("Terms of Service" or "Terms") describe your rights and responsibilities when using the Services.
Please read these Terms of Service carefully, as they include important information regarding your legal rights and cover areas such as warranty limitations and liability limitations.
By visiting, interacting with, or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy [LINK]. If you do not agree to these Terms of Service or the Privacy Policy, you may not use or access our Services.
SECTION 1 - ACCESS AND ACCOUNT
By agreeing to these Terms of Service, you represent that you are of legal age in the state or province where you reside, and that you have given us consent to allow any minors connected to you to use the Services on devices owned, purchased, or managed by you.
To use the Services, including accessing or browsing online stores or purchasing products and services we offer, you may need to provide certain information such as your email address and billing, payment, and shipping details. You represent and warrant that all information you provide in our stores is accurate, up-to-date, and complete, and that you hold all necessary rights to provide this information.
Your account activity and the protection of your account credentials are your responsibility. You may not transfer, sell, assign, or sublicense your account to others.
SECTION 2 - OUR PRODUCTS
We strive to offer an accurate presentation of our products and services in our online stores. However, the color and appearance of products may vary depending on the type of device you use to access the store, as well as the settings and configuration of that device.
We cannot guarantee that the appearance or quality of the products or services you purchase will meet your expectations or match what is described or displayed in our online stores.
All product descriptions are subject to change at any time, without prior notice and at our discretion. We reserve the right to discontinue any product at any time and to limit the quantities of products offered to any individual, geographic area, or jurisdiction from time to time.
SECTION 3 - ORDERS
When you place an order, you submit an offer to purchase. 99Shoes reserves the right to accept or reject your order at its sole discretion for any reason. Your order is not confirmed until 99Shoes confirms its acceptance of it. Before accepting an order, we must receive and process payment. Please review your order carefully before submitting it, as 99Shoes may not be able to fulfill requests to cancel an order after acceptance. If your order is rejected, modified, or canceled, we will notify you by contacting you via the email address, billing address, and/or phone number you provided when placing the order.
Your purchases are subject to return or exchange solely in accordance with our Refund Policy [LINK].
You represent and warrant that you are making purchases for personal or household use and not for resale or export.
SECTION 4 - PRICES AND BILLING
Prices, discounts, and offers are subject to change without prior notice. The price charged for a product or service will be the actual price at the time your order is submitted, and you will be able to view it in your order confirmation email. Unless otherwise specified, listed prices do not include taxes, customs duties, shipping fees, handling fees, or import charges.
Prices listed in our online stores may differ from prices offered in physical stores, online stores, or other third-party operated stores. From time to time, we may offer promotions on the Services that affect prices and are subject to terms and conditions separate from these Terms. If there is a conflict between the terms of a promotion and these Terms, the terms of the promotion will prevail.
For all purchases made in our stores, you agree to provide accurate, up-to-date, and complete information regarding the purchase, payment, and account. You agree to update your account and other information, including your email address and credit card numbers and expiration dates, immediately to allow us to complete your transactions and contact you if necessary.
You represent and warrant that (i) the credit card information you provide is true, accurate, and complete; (ii) you have authorization to use that credit card for purchases; (iii) the charges applied to you will be paid by your credit card company; and (iv) you will pay the charges applied to you according to the listed prices, including shipping and handling taxes and any other applicable taxes.
SECTION 5 - SHIPPING AND DELIVERY
We are not responsible for shipping or delivery delays. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs procedures, or events beyond our control. Once products are transferred to the carrier, ownership and risk of loss pass to you.
SECTION 6 - INTELLECTUAL PROPERTY
Our Services, including but not limited to trademarks, brands, text, displays, images, graphics, product reviews, videos, and audio, as well as their design, selection, and organization, are the property of 99Shoes, its affiliates, or licensors and are protected by United States and foreign patent, copyright, and intellectual property laws.
These Terms allow you to use the Services for personal and non-commercial use only. You may not reproduce, distribute, modify, create copies of, publicly display and perform, republish, download, store, or transmit material related to the Services without our written consent. Except as expressly stated herein, these Terms do not contain anything that grants or may be interpreted as granting a license or other rights to you related to any patent, trademark, copyright, or other intellectual property of 99Shoes, Shopify, or third parties. Unauthorized use of the Services may result in a violation of federal and state intellectual property laws. All rights not expressly granted in this document are reserved to 99Shoes.
The names, logos, product and service names, designs, and slogans of 99Shoes are trademarks of 99Shoes or its affiliates or licensors. You may not use these trademarks without the written consent of 99Shoes. The name, logo, product and service names, designs, and slogans of Shopify are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans in the Services are trademarks of their respective owners.
SECTION 7 - OPTIONAL TOOLS
You may have access to customer tools provided by third parties as part of the Services, which we do not verify, control, or insert.
You understand and agree that we provide access to these tools "as is" and "as available" without any warranties, representations, or conditions of any kind and without endorsement. We are not liable for anything related to your use of optional third-party tools.
Your use of the optional tools offered through the site is at your own risk and discretion, and you must also review and accept the terms on which these tools are provided by their respective third-party suppliers.
In the future, we may offer new features through the Services (including launching new tools and resources). These new features are considered part of the Services and are subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
The Services may contain materials and hyperlinks to websites provided or operated by third parties (including incorporated third-party features). It is not our responsibility to review or assess the content or accuracy of third-party materials or websites you choose to access. If you decide to leave the Services to access these third-party materials or sites, you do so at your own risk.
We are not responsible for any issues or damages related to your access to third-party websites, or your purchase or use of products, services, resources, or content on third-party websites. Please carefully read and understand the disclosures and practices of the relevant third parties before completing any transaction. Any complaints, concerns, or questions related to third-party products and services must be addressed to those third parties.
SECTION 9 - RELATIONSHIP WITH SHOPIFY
[NOTE FOR THE MERCHANT: This section details the relationship between Shopify and your store and must not be removed or modified.]
99Shoes is powered by Shopify, which enables us to provide you with the Services. However, the sales and purchases you make in our Store are directly with 99Shoes. By using the Services, you understand and agree that Shopify is not responsible for any aspect of the sales between you and 99Shoes, including any injury, damage, or loss resulting from the purchase of products and services. You hereby release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to the purchases and transactions you make with 99Shoes.
SECTION 10 - PRIVACY POLICY
All personal data we collect through the Services is subject to our Privacy Policy, available here [LINK], and certain personal data may be subject to Shopify's Privacy Policy, available here. By using the Services, you confirm that you have read the above privacy policies.
As it supports the Services, Shopify collects and processes personal data related to your access to and use of the Services to offer and improve the Services for you. To offer and improve the Services for you, the data you send to the Services will be transmitted and shared with Shopify and third parties who may be located in countries other than yours. Please consult our Privacy Policy [LINK] for more information on how we, Shopify, and our partners use your personal data.
SECTION 11 - FEEDBACK
When you send, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans, or other content (collectively "Feedback"), you grant us a perpetual, global, transferable, royalty-free license to use, reproduce, modify, publish, distribute, and display such Feedback through any means for any purpose, including commercial purposes. For example, we may enforce our rights under this license to manage, provide, evaluate, improve, enhance, and promote the Services, to fulfill our obligations and exercise our rights as stated in these Terms of Service.
In addition, you confirm and agree that: (i) you hold all necessary rights to all Feedback; (ii) you have disclosed any rewards or incentives you received for submitting Feedback; and (iii) your Feedback complies with these Terms. We are not and will not be required to (1) keep your Feedback confidential; (2) pay you for your Feedback; (3) respond to your Feedback.
While we are not obligated to, we may monitor, modify, or remove Feedback that, at our discretion, is illegal, offensive, threatening, defamatory, pornographic, obscene, or otherwise objectionable, or that violates intellectual property or these Terms of Service.
You confirm that your Feedback will not violate any rights of any third party, including copyright, trademark, privacy, personality rights, and any other personal or proprietary rights. You also confirm that your Feedback will not include defamatory or otherwise illegal, offensive, or obscene content, nor will it contain viruses or other malicious computer code that could affect the operation of the Services or any linked website. You may not use a false email address, nor pretend to be someone else or mislead us or third parties about the origin of your Feedback. You are solely responsible for your Feedback and its accuracy. We assume no liability for Feedback posted by you or third parties.
SECTION 12 - ERRORS, INACCURACIES, AND OMISSIONS
It may occur that the information in or included in the Services contains typos, inaccuracies, or omissions that may relate to product descriptions, prices, offers, promotions, product shipping costs, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to modify or update information or cancel orders due to errors at any time and without prior notice (even after an order has been submitted).
SECTION 13 - PROHIBITED USES
You may access and use the Services only for legitimate purposes. You may not access or use the Services, directly or indirectly, for: (a) illegal or malicious purposes; (b) violating local, provincial, state, federal, and international laws, rules, regulations, or ordinances; (c) infringing or violating our intellectual property rights or those of others; (d) harassing, oppressing, insulting, harming, defaming, slandering, denigrating, intimidating, or offending our employees or anyone else; (e) transmitting false or misleading information; (f) sending, receiving, uploading, downloading, using, or reusing material that does not comply with these Terms; (g) transmitting or inducing the transmission of advertising or promotional material, including "junk email", "chain letters", "spam", or other similar solicitations; (h) pretending or attempting to pretend to be another person or entity; (i) any other behavior that prevents or inhibits others from using or accessing the Services, or that we deem dangerous to 99Shoes, Shopify, or Service users, or that exposes them to liability.
In addition, you agree not to: (a) upload or transmit viruses or other malicious code that could affect the operation or functionality of the Services; (b) reproduce, duplicate, copy, sell, resell, or disclose any part of the Services; (c) collect or track the personal data of others; (d) engage in spamming, phishing, pharming, pretexting, spidering, crawling, or scraping; (e) interfere with or circumvent the security features of the Services or related websites, other websites, or the internet. We reserve the right to suspend, disable, or close your account at any time, without prior notice, if we believe you have violated any part of these Terms.
SECTION 14 - TERMINATION
We may terminate this agreement at any time or interrupt your access to the Services (or any part of them) at our sole discretion and without prior notice; you will remain responsible for all amounts owed up to the termination date.
The following sections will remain valid after termination: Intellectual Property, Feedback, Termination, Warranty Limitation, Liability Limitation, Indemnification, Severability, Waiver, Entire Agreement, Assignment, Applicable Laws, Privacy Policy, and any other clauses that, by their nature, extend beyond termination.
SECTION 15 - WARRANTY LIMITATION
The information presented in or through the Services is made available for general informational purposes only. We do not guarantee the accuracy, completeness, or usefulness of this information. You rely on this information solely at your own risk. We are not liable for anything placed in this material by you, any visitor to the Services, or anyone else who may be aware of this content.
EXCEPT AS EXPRESSLY STATED BY 99Shoes, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THEM ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT ANY REPRESENTATIONS, WARRANTIES, OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURATION, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT, REPRESENT, OR GUARANTEE THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. SOME JURISDICTIONS MAY LIMIT OR PROHIBIT THE DISCLAIMER OF IMPLIED WARRANTIES OR OTHER WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
SECTION 16 - LIABILITY LIMITATION
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL 99Shoes, ITS PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, MERCHANTS, SERVICE PROVIDERS, OR LICENSORS (INCLUDING THOSE OF SHOPIFY AND ITS AFFILIATES) BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOST REVENUES, LOST SAVINGS, DATA LOSS, REPLACEMENT COSTS, OR OTHER SIMILAR DAMAGES, ARISING FROM CONTRACTUAL LIABILITY, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, ARISING FROM YOUR USE OF THE SERVICES OR PRODUCTS OBTAINED THROUGH THE SERVICES, OR FOR ANY OTHER CLAIM RELATED TO YOUR USE OF THE SERVICES OR PRODUCTS, INCLUDING BUT NOT LIMITED TO ANY ERRORS OR OMISSIONS IN CONTENT, ANY LOSSES OR DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF THE SERVICES OR CONTENT (OR PRODUCTS) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SECTION 17 - INDEMNIFICATION
You agree to indemnify, defend, and hold harmless 99Shoes, Shopify, and our affiliates, partners, officers, directors, employees, agents, merchants, licensors, and service providers from any losses, damages, liabilities, or claims, including reasonable legal fees, arising from: (1) your violation of these Terms of Service or the documents incorporated herein, (2) your violation of laws or third-party rights, (3) your access to and use of the Services.
We will notify you of any indemnifiable claim, provided that delayed notice does not relieve you of your obligations unless you are materially prejudiced. We may control the defense and settlement of such a claim at your expense, including the choice of legal counsel, but we will not settle claims that impose non-monetary obligations on you without your consent (which will not be unreasonably withheld). You will cooperate in defending non-indemnified claims, including providing relevant documents.
SECTION 18 - SEVERABILITY
If any clause of these Terms of Service is found to be illegal, void, or unenforceable, it will be unenforceable to the fullest extent permitted by applicable law, and the unenforceable portion will be severed from these Terms of Service; this decision will not affect the validity and enforceability of the remaining clauses.
SECTION 19 - WAIVER; ENTIRE AGREEMENT
The failure by Shopify to exercise or enforce any right or clause of these Terms of Service does not constitute a waiver of such right or clause.
These Terms of Service and any operational disclosures or rules published by us on this site or related to the Services constitute the entire agreement and understanding between you and us, and govern your use of the Services, replacing 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 these Terms of Service).
Any ambiguities in the interpretation of these Terms of Service will not be construed against the drafting party.
SECTION 20 - ASSIGNMENT
You may not delegate, transfer, or assign this Agreement or any of your rights or obligations under these Terms without our written consent; any attempted transfer will be void and null. We may transfer, assign, or delegate these Terms and our rights and obligations without notifying you or obtaining your consent.
SECTION 21 - APPLICABLE LAWS
These Terms of Service and any separate agreement through which we provide you with the Services shall be governed and interpreted under the federal, state, or territorial courts in the jurisdiction where 99Shoes is based. You and 99Shoes consent to the personal jurisdiction and venue of the aforementioned courts.
SECTION 22 - HEADINGS
The headings used in this agreement are included for convenience only and do not limit or affect these Terms.
SECTION 23 - CHANGES TO TERMS OF SERVICE
You may view the current version of the Terms of Service at any time on this page.
We reserve the right, at our sole discretion, to update, modify, or replace any part of these Terms of Service by posting updates and modifications on our website. It is your responsibility to periodically check our website for changes. We will notify you of changes to any material in these Terms in accordance with applicable laws, and such changes will be effective on the date stated in the notice. Your continued use of or access to the Services after changes to the Terms of Service constitutes your acceptance of such changes.
SECTION 24 - CONTACT INFORMATION
Questions regarding the Terms of Service should be sent to officinebronx@gmail.com.
Our contact information is as follows:
officinebronx@gmail.com