Terms And Conditions Of Sale Terms
Welcome to birdiesshoes.net provides its services to you subject to the notices, terms, and conditions set forth in this agreement (the "Agreement"). In addition, when you use any Ophelia's service (e.g., Customer Reviews), you will be subject to the rules, guidelines, policies, terms, and conditions applicable to such services, and they are incorporated into this Agreement by this reference. birdiesshoes.net reserves the right to change this site and these terms and conditions at any time.
Please read this agreement carefully! by using this website to make on-line purchases of products, you agree to be bound by and accept the terms and conditions set forth in this agreement, and you represent that you are of legal age to enter into this agreement and become bound by its terms. This agreement contains important information about your rights and obligations, as well as limitations and exclusions that may apply to you. This agreement also contains a dispute resolution clause, found in section 12.
As further discussed in section 11 of this agreement, except as expressly provided for in this agreement, birdiesshoes.net. does not make or give any representation or warranty with respect to the products you may purchase from this website and Ophelia's liability is limited as provided in that section .
Use of site:
You represent and warrant that you are at least 18 years old or visiting the Site under the supervision of a parent or guardian. Subject to the terms and conditions of this Agreement, birdiesshoes.net hereby grants you a limited, revocable, non-transferable and non-exclusive license to access and use the Site by displaying it on your internet browser only for the purpose of shopping for personal items sold on the Site and not for any commercial use or use on behalf of any third party, except as explicitly permitted by birdiesshoes.net in advance. Any breach of this Agreement shall result in the immediate revocation of the license granted in this paragraph without notice to you.
Except as permitted in the paragraph above, you may not reproduce, distribute, display, sell, lease, transmit, create derivative works from, translate, modify, reverse-engineer, disassemble, decompile or otherwise exploit this Site or any portion of it unless expressly permitted by birdiesshoes.net in writing. You may not make any commercial use of any of the information provided on the Site or make any use of the Site for the benefit of another business unless explicitly permitted by birdiesshoes.net in advance. birdiesshoes.net reserves the right to refuse service, terminate accounts, and/or cancel orders in its discretion, including, without limitation, if birdiesshoes.net believes that customer conduct violates applicable law or is harmful to birdiesshoes.net interests.
1. ) Consent To Use Of Electronic Documents
You hereby consent to the exchange of information and documents between you and birdiesshoes.net over the Internet or by e-mail, and that this Agreement (together with any applicable Order Confirmation(s) accepted by birdiesshoes.net as indicated in Section 3, below) in electronic form shall be the equivalent of an original written paper agreement between us. You further agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
2. ) Other Documents, Agreements And policies
Your use of this website is governed by separate Website Terms and by our Privacy Policy (the "Other Policies"). You acknowledge that you have read the Other Policies and agree to be bound by and accept the terms and conditions set forth therein. Notwithstanding the foregoing, the provisions of this Agreement (and, in particular, the dispute resolution provision in Section 13 of this Agreement) shall supersede and take precedence over the provisions of the Other Policies. In the event of any inconsistency between the provisions of this Agreement and those of the Other Policies, the provisions of this Agreement shall govern. Certain additional terms and conditions may apply to purchases of Products and other uses of portions of this website.
3. ) Order
Please note that there may be certain orders that we are unable to accept and must cancel. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. Some situations that may result in your order being canceled include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by our credit and fraud avoidance department. We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is canceled or if additional information is required to accept your order.
4. ) Cancellation
birdiesshoes.net reserves the right, in its discretion, to limit quantities, terminate accounts and to refuse or cancel any order, including after the order has been submitted, whether or not the order has been confirmed and your credit card charged. In the event that your order is cancelled after your payment has been processed, birdiesshoes.net will issue a full refund.
5. ) Price
Although birdiesshoes.net strives to provide accurate product and pricing information, errors may occur. birdiesshoes.net reserves the right to correct any errors in pricing or product information and to modify the prices of Products, at any time, without prior notice. birdiesshoes.net cannot confirm the price of a Product until after you submit an order for the Product. Without limiting the generality of Section 4 above, in the event that the price or related information for a Product (as described on the birdiesshoes.net website and/or the Order Confirmation) is incorrect due to an error in pricing or product information, birdiesshoes.net may, at its sole discretion, refuse or cancel your order, whether before or after birdiesshoes.net acceptance thereof. If there is such an error in pricing, birdiesshoes.net will cancel your order and reverse any charges that have been applied, then contact you to ask you to place a new order for the Product at the correct price.
6. ) Payment terms
Terms of payment shall be determined at birdiesshoes.net sole discretion. Payment shall be made by credit card unless some other pre-arranged method of payment has been accepted by birdiesshoes.net. Any payments made by credit card are subject to the approval of the financial institution that has issued the credit card.
7. ) Product Availability
The availability of certain Products may be limited, and Products may not be available for immediate delivery. birdiesshoes.net may revise or cease to make available any Products at any time without prior notice. In the event that birdiesshoes.net is unable to deliver you a Product ordered due to lack of availability, birdiesshoes.net will notify you via e-mail and your order will be automatically cancelled with respect to such unavailable Product, provided that birdiesshoes.net may, in its sole discretion, contact you in order to allow you to maintain your order subject to a revised delivery time if and when the Product becomes available.
8. ) Shipping; Taxes
birdiesshoes.net will ship the Product(s) ordered by you according to the delivery method you have chosen and to the address indicated in the Order Confirmation. Delivery times provided by birdiesshoes.net are estimates only. birdiesshoes.net shall not be responsible for any damages or costs resulting from any delays in delivery.
Unless otherwise stated, all prices quoted do not include shipping and handling charges and applicable federal and provincial sales taxes. Separate charges for shipping and handling and taxes will be shown on the Order Confirmation for each Order, as applicable. You are responsible for all sales, use, goods and services, harmonized sales, and other taxes and duties associated with the Order.
9. ) Ownership; Risk Of Loss
All Product(s) purchased from birdiesshoes.net are delivered to you by a third party delivery company, pursuant to a shipping contract. You shall become the owner of the Product(s) and shall assume the risks of loss at the time of delivery by birdiesshoes.net of the Product(s) to the third party delivery company.
10. ) Returns
All Product returns are subject to the birdiesshoes.net Return Policy, the terms of which are incorporated herein by reference. Some restrictions may apply.
11. ) Dispute Resolution; Injunction Relief
It is important that you read this entire section carefully. This section provides for resolution of disputes through final and binding arbitration before a neutral arbitrator instead of in a court by a judge or jury.
Binding Arbitration
Any dispute, difference, controversy or claim between us or by either of us against the other or the employees, agents, mandataries, officers, directors, successors, assigns or affiliates of the other, arising out of, relating to, or having any connection with, the present terms, this website, any use of this website and any transaction conducted on or from it (whether contractual or extra-contractual, in contract or tort, pursuant to statute or regulation, or otherwise, and whether pre-existing, present or future), including any question regarding negotiation, formation, existence, validity, performance, effects, interpretation, breach, resolution or annulment and further including the applicability or scope of this arbitration clause (hereinafter collectively referred to as "Claims" and each, individually, as a "Claim") shall be referred to and finally resolved by binding arbitration, to the exclusion of courts of law, before or under the rules of the National Arbitration Forum under the Code of Procedure then in effect and any specific procedures for the resolution of small claims and/or consumer disputes then in effect, which Code of Procedure, as in effect or replaced from time to time, is incorporated into and forms an integral part of these terms.
However, before you submit a Claim for arbitration, you must first contact our customer service representatives at Live Chat, and give us an opportunity to resolve the dispute. Similarly, before birdiesshoes.net takes a dispute to arbitration, we must first attempt to resolve it by contacting you. If the dispute cannot be satisfactorily resolved within sixty (60) days from the date you or birdiesshoes.net is notified by the other of a dispute, then either party may then initiate the arbitration process as provided in the National Arbitration Forum's Code of Procedure.
For greater certainty, no recourse may be made by either party to any court or tribunal, whether federal or provincial, in respect of any matter whatsoever relating to these terms including, without limitation, any Claim, any arbitration initiated to resolve a Claim, and any arbitration award made in relation to a Claim, except as expressly permitted in these terms or by law. Any award rendered pursuant to the arbitration shall be final and binding on each of the parties and no appeal shall lie from such award. Such award may be rendered enforceable and executory by any court having jurisdiction over the person or the property of the person against whom enforcement of the award is sought.
No claim may be joined with another lawsuit, or in an arbitration with a dispute of any other person, or resolved on a class-wide basis. The parties expressly agree that any claim that is arbitrated pursuant to these terms shall not be consolidated with any other arbitral proceeding for any reason. the arbitrator may not award damages that are barred by these terms and may not award exemplary or punitive damages or attorneys' fees. You and birdiesshoes.net both waive any claims for an award of damages that are excluded under these terms.
Injunctive Relief and Provisional Relief Notwithstanding the provisions in this Section 16, the National Arbitration Forum's Code of Procedure or any other provision of these terms, birdiesshoes.net shall have the right to seek and obtain any injunctive, provisional or interim relief from any court of competent jurisdiction to protect its trade-mark or other intellectual property rights or confidential information or to preserve the status quo pending arbitration.
12. ) Product Availability
Products sold or delivered under this Agreement shall be subject to export control laws . You agree to comply at all times with all such laws and regulations. You will defend and hold birdiesshoes.net harmless against all claims, damages or liability resulting from breach of the foregoing.
13. ) Headings
The headings of this Agreement are inserted for convenience of reference only and do not affect the construction or interpretation of this Agreement.
14. ) No Assignment
You may not assign your rights or obligations under this Agreement without the express written consent of birdiesshoes.net.
15. ) Enurement
This Agreement shall inure to the benefit of and be binding upon each of the parties hereto and their respective successors and permitted assigns.
16. ) Severability
The provisions of this Agreement shall be deemed severable. In the event that any provision of this Agreement is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.
17. ) Entire Agreement
This Agreement, together with all other agreements, terms or conditions incorporated or referred to herein constitute the entire agreement between you and birdiesshoes.net relating to the subject matter hereof, the use of this website and any transactions conducted on or from this website, and supersede any prior understandings or agreements (whether electronic, oral or written) regarding the subject matter hereof, and may not be amended or modified except in writing, or by birdiesshoes.net making such amendments or modifications available to it pursuant to this Agreement.
18. ) No Waiver
The failure of birdiesshoes.net to enforce any provision of this Agreement or to respond to a breach by you or any third party of this Agreement shall not in any way waive the right of birdiesshoes.net to subsequently enforce any of the terms and conditions contained herein or to act with respect to similar breaches.
19. ) English Language
You expressly agree that this Agreement and all ancillary documents be drafted solely in English.
