TERMS OF SERVICE
heathershoes.com (“Heather Shoes”, “we”, “us”) website (our Site) and related services are made available to you in accordance with these Terms of Service (collectively, the “TS”). Please read the TS carefully before placing orders on heathershoes.com. We recommend you keep a copy of our TS for future reference.
From time to time, we may amend the TS. Please read the TS and review it often. You will find it on our Site on the menu item “Terms of Service”. If you do not agree to any change to the TS, you must stop using the website immediately. Any changes made after you have placed an order will not affect that order unless we are required to make the change by law.
REGISTRATION & GUEST LOGIN
You can either register or use the guest checkout in order to place orders on our Site. To checkout, you need to enter your address and contact details in the relevant form. When entering your personal data, you are required to provide information about yourself that is true, accurate, current and complete. Should any of your registration information change, please notify us immediately at [email protected]. We may also change registration requirements from time to time.
When registering, your account password must be unique and kept secure at all times. You must notify us immediately of any breach of security or unauthorized use of your account. Your password must not be made accessible to unauthorised third parties.
Customers may only have one customer account at any time. We reserve the right to delete multiple registrations and to caution or dismiss any member failing to observe this policy (vitual domestic authority).
Please note, we do not offer products for sale to minors. If you are less than 18 years old, you must obtain the consent of your parent or guardian.
ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
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).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
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.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
To submit an order on our Site, place the desired products into the shopping cart.
You will either need to register or, if you are an existing online customer, sign in to your account. Alternatively you can choose to checkout as a guest. Next, select a shipping method and a payment method. Finally, confirm that you have read and agreed to the TS and our Returns Policy.
Before clicking on the pay button, you can view and change the products in your shopping cart and the data you have entered. To do this, simply click on the shopping cart icon in the menu bar and return to the appropriate page.
By clicking pay, you submit a binding offer to purchase the goods in your shopping cart.
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. 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.
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. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
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.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
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. You further agree that your comments will not contain libelous 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. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
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. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
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).
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.
ACCEPTANCE OF ORDER
When you have selected your product and your order has been processed, we will send you an email with the details of your order. Please note this email is NOT an acceptance of your order, just a confirmation that the order has been received. Heather Shoes is entitled to accept your order within two days after receipt.
Acceptance of your order will be completed, when you receive an email confirming the goods have been dispatched. The contract is exclusively governed by the law of the State of Oklahoma. This law shall apply only to the extent that the protection afforded is not cancelled by any mandatory regulation of the law of the state in which the consumer habitually resides.
If the customer is a merchant or a corporate body under public law, the place of jurisdiction for any dispute arising from this contract shall be the court competent for Heather Shoes’s registered office, unless an exclusive place of jurisdiction applies. However, Heather Shoes will also be entitled to sue the merchant in any court competent for his place of residence or registered office.
We reserve the right to decline your order if the following events occur, for example, we cannot obtain authorization for payment, if a particular item has shipping restrictions, the item ordered is out of stock or does not pass our quality control inspections, or you do not meet the criteria set out within the TS.
The products on our Site and the products in our catalogues are offers without legal obligation. While we endeavour to make sure the details on our website are accurate, from time to time we may discover an error in the pricing or product description. If we discover an error, we will let you know as soon as possible. In some instances, the goods ordered may vary slightly and to a reasonable extent deviate from the goods depicted on the website due to the technical possibilities of representation, in particular, colours may vary.
We reserve the right to cancel an order for a product that was advertised at an incorrect price and reserve the right to cancel an order that has been accepted or is in transit. We will contact you to inform you that your order has not been accepted for the goods in question. In the event that products are recalled in transit, we will process your refund once the products have been returned to us.
PAYMENT & PRICING
We accept Credit Card and Paypal. Customers can view the options available on our website heathershoes.com.
Prices are subject to change in accordance to currency exchange rates, markdowns and other market factors. Please note that some shipments may incur import duty and tax. We recommend you contact your local customs authority to determine the import duty and tax costs before completion.
If your credit/debit card is not denominated in the above local currencies, the final price of goods will be calculated in accordance with the applicable exchange rate on the day your card issuer processed the transaction.
By submitting your information you consent to receive information and offers and promotions from heathershoes.com. Your personal information is never shared with other companies and handled with the utmost confidentiality. It is optional to be included in our customer database and if you want to be pulled off the register please contact us.
Delivery methods are available for you to select before you complete the transaction and pay for all goods and services. All delivery costs displayed include the cost of packaging and handling.
Please note delivery times will only be extended in the case of unforeseeable circumstances that prevent delivery for example: lock-out, intervention by authorities, energy or raw resources shortages, transport and operation disruptions, which occur through no fault of ours (fire, water or mechanical breakdown) and any other circumstance, which could not have been objectively caused through any fault of Heather Shoes.
We will do our utmost to keep customers notified of any shipping odelays. If any of the unforeseeable events mentioned above occur for more than four weeks after the original delivery times, you will be entitled to cancel the order.
Promotion codes and vouchers cannot be transferred and cannot be redeemed for cash. Furthermore, they must not be used in conjunction with any other codes or offers.
Please note that individual brands may be excluded from select campaigns and vouchers. All codes and offers must be redeemed before the day of expiration, in case no date was specified the promotion code is limited to 12 months since the day of issuing.
Gift vouchers can only be redeemed before the payment is processed. They cannot be credited after the order has been received.
Gift vouchers cannot be combined with any promotion voucher or code per order, or discount. Where the credit amount of a gift voucher is not sufficient to pay for an order, the difference may be paid using the payment methods available. The credit amount of a gift voucher cannot be paid out in cash and bears no interest.
In the event of cancellation or return of goods, we reserve the right to credit your account with the amount you have paid using the gift voucher.
Should you need to claim for damage for whatever reason, whether the damage is in direct or indirect connection to your order, the costs of services and/or goods shall be excluded from the refunded amount.
This exclusion of liability will not apply in instances of a breach of material contractual obligation, also known as ‘cardinal duty’. If cardinal duty is breached due to negligence, our liability will be limited to compensation for foreseeable damage only. We will be entitled to prove that the damage, which has occurred is lower.
It is important to note that the exclusions and limitations outlined in this TS will not apply in the event of death and personal injury arising from our negligence or our legal representatives or agents of Heather Shoes. The exclusions and limitations of liability in this TS will also not apply to any other damage resulting from a wilful or grossly negligent breach of our obligation by us or our legal representatives and agents. For example, this might include damage caused by the lack of a warranted condition or due to fraudulent concealment of a defect.
Heather Shoes is not responsible for losses not caused by our breach of negligence. This includes indirect losses, which are a consequence of the main loss or damage and are not foreseeable by you and us, such as loss of profits or ‘loss of opportunity’.
Furthermore, we are not responsible for any failure to meet any of our responsibilities outlined in the TS in relation to events beyond our reasonable control.
ERRORS, INACCURACIES AND OMISSIONS
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. 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).
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. 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.
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, federal, provincial or state regulations, 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. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
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.
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.
In no case shall Heather Shoes, 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.
You agree to indemnify, defend and hold harmless Heather Shoes and our parent, 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.
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.
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. 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.
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).
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.
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.
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 United States.
CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
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. 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.
Questions about the Terms of Service should be sent to us at [email protected].