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These terms and conditions ("Terms") apply to the entire website under the top level domain name shoesofprey.com ("Website") and to any contracts entered into with Shoes of Prey Pty. Ltd. ("Shoes of Prey").
Please read these Terms carefully. You agree to be bound by the Terms by accessing the Website, regardless of whether you create an account or make a purchase.
If you breach any of the Terms, you are prohibited to continue using the Website.
If you do not agree with any part of these Terms you must leave this Website immediately.
These Terms may be updated periodically by Shoes of Prey. Revisions will be posted to this page. You agree to be bound by any revisions.
You may place an order with Shoes of Prey by completing the order form on the Website and clicking the "Submit My Order" button.
When you place your order, we will issue you with an order number by email.
By placing an order, you make an offer to us to purchase the shoes you have designed, or other product you have selected, based on these Terms.
Information contained on the Website constitutes an invitation to treat. No information on the Website constitutes or should be deemed as an offer by us to supply any shoes or other products, however Shoes of Prey will make every effort to supply the shoes you have designed to you, or other products you have selected for purchase.
We will notify you that your order is being processed by sending an order confirmation email to you. We do not formally accept your offer until your order has passed our internal validation procedures for:
Formal acceptance of your offer will occur when we email you confirming your order and, where you have ordered a pair of bespoke shoes, where we provide you with the first update on the making of your shoes.
If we cannot process or accept your order after payment is received we will contact you by email or telephone.
Shoes of Prey and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
You agree not to post or transmit to the Website any material which:
You agree to not attempt to "hack" the Website or any other websites you do not own. This includes without limitation, trying to guess users passwords, "phishing", accessing "hidden" URLs, attempting to trigger remote code for the purpose of accessing data or material you would not otherwise have access to.
You may not reverse engineer, decompile, or disassemble the Shoes of Prey shoe designer, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
You agree that Shoes of Prey owes no royalty or licence fee to you or any third party for use of material which is posted or transmitted to the Website. This includes but is not limited to images of shoes designed by you using our shoe designer, and photographs of shoes custom made for and sold to you. Shoes of Prey is free to copy, distribute or incorporate such material into the Website for commerical or non-commerical purposes.
Shoes of Prey may assign you a password and account identification to enable you to access and use certain portions of the Website. Each time you use a password or identification, you will be deemed to be authorised to access and use the Website in a manner consistent with these Terms. Shoes of Prey has no obligation to investigate the authorisation or source of any such access or use of the Website. You are solely responsible for all access to and use of the Website by anyone using the password and identification originally assigned to you whether or not such access to and use of the Website is actually authorised by you, including without limitation all, communications and transmissions and all obligations (including without limitation financial obligations) incurred through such use of access. You are solely responsible for protecting the security and confidentiality of the password and identification information assigned to you. You will immediately notify Shoes of Prey of any unauthorised use of your password or identification or any other breach or threatened breach of this Website's security.
If you decide to purchase a pair of shoes or other product 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 conduct business with you.
Our returns policy can be found here. This policy forms part of this agreement and we agree to provide refunds in accordance with this document.
Shoes of Prey, through our transaction provider PayPal, employs the Secure Sockets Layer (SSL) technology to protect transactions with our customers. However Shoes of Prey 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 unauthorised manner as a result of using this website.
Subject to these Terms, we will supply to you the Products indicated on your order confirmation.
When designing your bespoke shoes, the images displayed are a representation only, the actual shoe that is custom made for you may differ to the represented images. Your ability to return shoes is subject to the Shoes of Prey returns policy.
When your order items have been dispatched, we will email you to confirm shipment of each item including a tracking number for each item (if applicable).
The making of your bespoke shoes and delivery time takes up to 30 working days from the date your payment is received.
In all instances estimated delivery times will be displayed at the checkout for your product.
Shoes of Prey makes every effort to deliver your custom made shoes or other product purchased from the Website according to the estimated delivery times provided at checkout. The estimated delivery times are in business days (Monday through Friday) excluding Public holidays.
Every effort is made to ship your order according to the estimated delivery times provided. Estimated ship times may vary or change due to changes in supply or circumstances beyond our control. If your custom made shoes or other product has not arrived after the estimated delivery time, please contact us.
We encourage you to visit the "Your Account" section on our website to view the delivery status of your custom made shoes or other product.
Unless otherwise agreed by us, we will deliver your custom made shoes or other product to the address indicated on your order confirmation. If no-one is available to take delivery of your order, our carrier may leave a card so you can pick-up your custom made shoes or other product from your local Post Office.
We will use our reasonable efforts to deliver your custom made shoes or other product to you within the estimated delivery time indicated on your order confirmation; however, we do not guarantee that we will deliver within this time frame.
Title and risk of loss to all products will pass to you on delivery.
Any customs or duties are the responsibility of the customer. To review a list of customs and duties that may be payable in your country visit our FAQs.
Please note that in addition to any fees listed above, some customs offices will charge a handling fee to process the paperwork for clearing customs.
Except as otherwise provided elsewhere in these Terms or on the Website, anything that you submit or post to the Website and/or provide Shoes of Prey, including without limitation, shoe designs, ideas, know-how, techniques, questions, reviews, comments, and suggestions (collectively, "Submissions") is and will be treated as nonconfidential and nonproprietary, and Shoes of Prey 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 Submissions by any means and in any form, and to translate, modify, reverse-engineer, disassemble, or decompile such Submissions. All Submissions shall automatically become the sole and exclusive property of Shoes of Prey. You also grant Shoes of Prey the right to publicly use the name that you include with any Submission when we refer to that Submission. You represent and warrant that you own or otherwise control all of the rights to any Submissions you make on the Website and that your use of your Submissions by Shoes of Prey will not infringe upon or violate the rights of any third party. You shall not use a false e-mail address, pretend to be someone other than yourself or otherwise mislead Shoes of Prey or third parties as to the origin of any Submissions or Content. Shoes of Prey may, but shall not be obligated to, remove or edit any Submissions (including comments or reviews) for any reason.
Outbound links from this Website are provided for your convenience.
Shoes of Prey has not reviewed these websites in any great detail, and cannot vouch for the content on these pages. You agree to access these links entirely at your own risk.
You are welcome to link to the Website provided you do so tastefully. If we feel your link is not in good taste, or is damaging to our brand (beyond mere criticism), we reserve the right to withdraw the right to link to the Website. You agree to remove the offending link at this time.
You shall not assign any rights and obligations under these Terms whether in whole or in part without the prior written consent of Shoes of Prey. Any unauthorised assignment shall be deemed null and void.
If any provision of these Terms is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Terms and the remainder of the provisions in question shall not be affected.
Under the Australian Trade Practices Act 1974 ("Act"), where implied conditions and warranties cannot be excluded, any liability in Shoes of Prey for breach of such conditions and warranties (other than a condition or warranty implied by section 69 of the Act) shall be limited, at the option Shoes of Prey, to the replacement of the product(s) or the re-supply of the same product(s); the payment of the cost of replacing the product(s) or of acquiring equivalent product(s).
Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
Neither our failure nor your failure to enforce any part of these Terms constitutes a waiver of such Terms. Such failure will in no way affect the right to later enforce a part of these Terms.
Shoes of Prey reserves the right to change the Terms at any time.
No Shoes of Prey employee or agent has the authority to vary any of the Terms.
Shoes of Prey shall not be liable for any delay in performing any of its obligations under these Terms if such delay is caused by circumstances beyond the reasonable control of Shoes of Prey, and Shoes of Prey will be entitled to a reasonable extension of time for the performance of such obligations.
Whilst every effort has been made to ensure the information contained within this Website is correct, Shoes of Prey makes no warranty as the accuracy, comprehensiveness, or correctness of any material, and provides all material on an "as is" basis.
Shoes of Prey, including our partners, directors, officers, shareholders, employees, agents, contractors, and other third parties associated with running the Website, to the maximum extent permitted by law, disclaim all liability and responsibility for any loss or damage that might be suffered by you or any third party caused by the Website or the products sold on it INCLUDING, WITHOUT LIMITATION, LOSS OR DAMAGE SUFFERED AS A RESULT OF NEGLIGENCE.
This contract will be governed by the laws of the New South Wales, Australia. Any dispute arising out of your use of the Website, or the products purchased on it shall be subject to the exclusive jurisdiction of the courts of that jurisdiction.
If a provision of these Terms is or becomes illegal, invalid or unenforceable that shall not affect the validity or enforceability of any other provision.
At Shoes of Prey, the importance of protecting your privacy is paramount. We promise to do everything in our power to ensure you shop with us with confidence.
This document describes how we collect, use and safeguard your personal information. If you have any questions relating to this policy, please do not hesitate to contact us.
We strive to only collect personal information necessary to conduct business as a premier retailer of bespoke women's shoes.
The type of personal information we collect includes:
Any personal information which is collected will be used and disclosed only to provide you with the products and services you've requested, or otherwise to carry out our business.
We will not under any circumstances disclose information about you to a third party unrelated to our business, unless such a disclosure is authorised or required by law, or you have expressly consented to such a disclosure.
If you have elected to receive promotional material from us, we may send you such material periodically. You may unsubscribe from receiving this material at any time.
We may periodically send all members surveys or company announcements. These messages are separate to our newsletters, but you may also unsubscribe at any time by following the included instructions.
Third Party Advertising:
Your personal information is accessible and editable by logging in to your Shoes of Prey account. You may log in and edit this information at any time.
We are committed to maintaining the confidentiality of the information you have provided to us and we take all reasonable precautions to protect your personal information from unauthorised use or alteration.
Your personal information may be stored by us both electronically and in hard copy form. We take all necessary measures to ensure the security of your information in both these forms.
If you would like more information about the way we manage your personal information please contact us.
From time to time it may be necessary for us to revise our privacy policy. Any changes will be made in accordance with the Privacy Act 1988 and the National Privacy Principles (Australia). We may notify you about changes to this privacy policy by posting an updated version on our website www.shoesofprey.com.
Further information about the Privacy Act 1988 and the National Privacy Principles is available on the Federal Privacy Commissioner's website at: www.privacy.gov.au.
If you do not agree with any part of our privacy policy or terms and conditions, you must leave this Website immediately.
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