TERMS AND CONDITIONS
Agreement between User and smoochesshoetique.com
Welcome to smoochesshoetique.com. The smoochesshoetique.com website (the “Site”) is comprised of various web pages operated by Smooches Shoetique Incorporated. smoochesshoetique.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of smoochesshoetique.com constitutes your agreement to all such Terms. Please read these terms carefully and keep a copy of them for your reference. smoochesshoetique.com is an E-Commerce Site.
The purpose of the Site is to sell women’s shoes and accessories.
Electronic Communications: Visiting smoochesshoetique.com or sending emails to Smooches Shoetique Incorporated constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
Children Under Thirteen: Smooches Shoetique Incorporated does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use smoochesshoetique.com only with permission of a parent or guardian.
Cancellation/Refund Policy: We offer returns for store credit ONLY (NO REFUNDS NO EXCEPTIONS). Once orders are placed, no changes or cancellations can be made. Customers must contact us within 7 days of receiving order to receive store credit. After the 7th day the item is considered final sale. Please note that store credit based on return does not include shipping charges, unless the return was a result of an error on our part. Swimwear and Accessories are Final Sale. Please allow 7-10 business days for your return to be processed. Please email return request to firstname.lastname@example.org to request a return.
Links to Third Party Sites/Third Party Services: smoochesshoetique.com may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Smooches Shoetique Incorporated and Smooches Shoetique Incorporated is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Smooches Shoetique Incorporated is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Smooches Shoetique Incorporated of the site or any association with its operators.
Certain services made available via smoochesshoetique.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the smoochesshoetique.com domain, you hereby acknowledge and consent that Smooches Shoetique Incorporated may share such information and data with any third party with whom Smooches Shoetique Incorporated has a contractual relationship to provide the requested product, service or functionality on behalf of smoochesshoetique.com users and customers.
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Smooches Shoetique Incorporated or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto. Smooches Shoetique will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Smooches Shoetique Incorporated content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use and will make no other use of the content without the express written permission of Smooches Shoetique and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Smooches Shoetique or our licensors except as expressly authorized by these Terms.
International Users: The Service is controlled, operated and administered by Smooches Shoetique from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Smooches Shoetique Incorporated Content accessed through smoochesshoetique.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
Indemnification: You agree to indemnify, defend and hold harmless Smooches Shoetique Incorporated, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Smooches Shoetique Incorporated reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Smooches Shoetique Incorporated in asserting any available defenses.
Arbitration: In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
Class Action Waiver: Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Smooches Shoetique Incorporated agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding.
Liability Disclaimer: THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. SMOOCHES SHOETIQUE INCORPORATED AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME. SMOOCHES SHOETIQUE AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. SMOOCHES SHOETIQUE INCORPORATED AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SMOOCHES SHOETIQUE INCORPORATED AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF SMOOCHES SHOETIQUE INCORPORATED OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU
Termination/Access Restriction: Smooches Shoetique Incorporated reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Ohio and you hereby consent to the exclusive jurisdiction and venue of courts in Ohio in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Smooches Shoetique Incorporated as a result of this agreement or use of the Site. Smooches Shoetique Incorporated
performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Smooches Shoetique Incorporated right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Smooches Shoetique Incorporated with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Smooches Shoetique Incorporated with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Smooches Shoetique Incorporated with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English. Changes to Terms: Smooches Shoetique Incorporated reserves the right, in its sole discretion, to change the Terms under which smoochesshoetique.com is offered. The most current version of the Terms will supersede all previous versions. Smooches Shoetique Incorporated encourages you to periodically review the Terms to stay informed of our updates.
27091 Chardon Rd
Richmond Heights, Ohio 44134
Email Address: smoochesshoetique.com
Telephone number: 216-200-8564
Effective as of November 1, 2020.
Smooches Shoetique Incorporated welcomes your questions or comments regarding these Terms.
Effective date: July 18, 2019
Smooches Shoetique, LLC. (“us”, “we”, or “our”) operates the https://www.smoochesapparel.com website (the “Service”).
INFORMATION COLLECTION AND USE
We collect several different types of information for various purposes to provide and improve our Service to you.
TYPES OF DATA COLLECTED
While using our Service, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you (“Personal Data”). Personally identifiable information may include, but is not limited to:
We may also collect information how the Service is accessed and used (“Usage Data”). This Usage Data may include information such as your computer’s Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that you visit, the time and date of your visit, the time spent on those pages, unique device identifiers and other diagnostic data.
TRACKING & COOKIES DATA
Cookies are files with small amount of data which may include an anonymous unique identifier. Cookies are sent to your browser from a website and stored on your device. Tracking technologies also used are beacons, tags, and scripts to collect and track information and to improve and analyze our Service.
You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our Service.
Examples of Cookies we use:
USE OF DATA
Smooches Shoetique, LLC. uses the collected data for various purposes:
TRANSFER OF DATA
Your information, including Personal Data, may be transferred to — and maintained on — computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from your jurisdiction.
If you are located outside United States and choose to provide information to us, please note that we transfer the data, including Personal Data, to United States and process it there.
DISCLOSURE OF DATA
Smooches Shoetique, LLC. may disclose your Personal Data in the good faith belief that such action is necessary to:
SECURITY OF DATA
The security of your data is important to us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Data, we cannot guarantee its absolute security.
We may employ third party companies and individuals to facilitate our Service (“Service Providers”), to provide the Service on our behalf, to perform Service-related services or to assist us in analyzing how our Service is used.
These third parties have access to your Personal Data only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.
We may use third-party Service Providers to monitor and analyze the use of our Service.
Google Analytics is a web analytics service offered by Google that tracks and reports website traffic. Google uses the data collected to track and monitor the use of our Service. This data is shared with other Google services. Google may use the collected data to contextualize and personalize the ads of its own advertising network.
For more information on the privacy practices of Google, please visit the Google Privacy & Terms web page: https://policies.google.com/privacy?hl=en
LINKS TO OTHER SITES
We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.
Our Service does not address anyone under the age of 18 (“Children”).
We do not knowingly collect personally identifiable information from anyone under the age of 18. If you are a parent or guardian and you are aware that your Children has provided us with Personal Data, please contact us. If we become aware that we have collected Personal Data from children without verification of parental consent, we take steps to remove that information from our servers.
SHIPPING & RETURN POLICY
All items will be shipped within 2-4 business days from the receipt of payment, excluding holidays. We are not responsible for unexpected shipping delays caused by circumstances related to the courier itself. All Domestic orders ship USPS priority. For domestic orders we charge a flat rate of $15. Please note: If you desire to sign for your package(s) please notify us at the time of ordering. Online orders are fulfilled Tuesday-Friday. Please allow 1-3 business days for your order to be prepared. Please allow up to 5 business days for your order to be shipped during sales. Ex; Black Friday & Holiday sales.
You will receive tracking information the day your order is shipped. Please allow 24 hours for you tracking information to update. Please exclude processing time when calculating your packages date of arrival. Delivery time starts 24 hours after your tracking information is received. We are only able to ship to the address provided during checkout.
ALL ORDERS ARE FINAL
If the wrong address is entered at checkout and the package is returned back to us, there will be a reshipment fee of $9 due prior to reshipment. Once a item has shipped we are unable to make charges to shipping address. In this case, please contact USPS to make any address changes. We are unable to process refunds for items sent to an address that was provided upon checkout that was incorrect. If your tracking information stated “notice left” please contact USPS to reschedule delivery before 14 days. Otherwise your item will be returned back to us. If your tracking information states delivered and you believe this to be a error. Please contact your local post office.
Please note; we do not manually input addresses. Shipping addresses are exported from one database to another. Please insure shipping address is correct upon receiving tracking information. If a address error is made. Please email us within 8 hours of conformation email. Once orders are processed for shipment. No changes can be made. If your order is retuned back to us and you choose not to pay your reshipment fee a refund will not be processed. You will be contacted via email when your rerouted package is delivered and processed into a warehouse.
We offer returns for store credit ONLY (NO REFUNDS NO EXCEPTIONS). Once orders are placed, no changes or cancellations can be made. Customers must contact us within 7 days of receiving order to receive store credit. After the 7th day the item is considered final sale. Please note: store credit based on return does not include shipping charges, unless the return was a result of an error on our part. Swimwear and Accessories are Final Sale. Please allow 7-10 business days for your return to be processed. Please email email@example.com to request to return.
THANK YOU FOR SHOPPING WITH US!
27091 Chardon Rd. Richmond HTS, OH 44143