These Terms and Conditions constitute a legally binding contract between the customer (“you”) and Monique’s Custom Shoes and applies to the ordering, purchasing, fulfillment, and delivery of Direct Import Goods from the top level domain name moniquecustomshoesdesign.com (“Website”).
Please read the following Terms and Conditions carefully before placing your order. The Terms and Conditions contain important information about ordering, processing, fulfillment and delivery of Direct Import Goods.
You agree to be bound by the Terms and Conditions by accessing the Website, regardless of whether you create an account or make a purchase.
If you breach any of the Terms and Conditions, you are prohibited to continue using the Website.If you do not agree with any part of these Terms and Conditions you must leave this Website immediately.
These Terms and Conditions may be updated periodically by Monique’s Customs Shoes. Revisions will be posted to this page. You agree to be bound by any revisions.
“Direct Import Goods” means those goods available from Monique’s Custom Shoes via the Website.
“Order” means an Order for Direct Import Goods placed via the Website.
“Taxes” means any taxes (including goods and services tax and other value added taxes), levies, imposts, charges and duties (including stamp and transaction duties, import and export duties) imposed by any authority together with an related interest, penalties, fines and expenses in connection with them in relation to a transaction contemplated under these Terms and Conditions.
COMMUNICATION BY US
As a condition of creating an account with Monique’s Custom Shoes, you consent to us sending you Administrative Emails and Promotional Emails. In this document:
- “Administrative Emails” involve details of account activity and purchases you have made.
- “Promotional Emails” consist of product information, new offers and information about Monique’s Custom Shoes. You may choose to opt-out of receiving Promotional Emails anytime by simply clicking the unsubscribe button at the bottom of our emails and following the instructions.
PLACING YOUR ORDER
You may place an order with Monique’s Custom Shoes 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. Please note that this is not a confirmation that your Order has been accepted. 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 and Conditions. 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 Monique’s Custom Shoes 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:
Verifying the bona fides of each order placed, for the purpose of preventing credit card or payment fraud; and
Confirming with our suppliers that they are able to supply the shoes you have designed.
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. You warrant to Monique’s Custom Shoes that all goods that you order are intended for personal, domestic, non-commercial use only.
You agree that, if your offer is accepted by Monique’s Custom Shoes in accordance with these Terms & Conditions, in addition to contracting with Monique’s Custom Shoes in relation to the purchase of certain products, you are also separately contracting with Monique’s Custom Shoes to arrange for the delivery of those products to your nominated address. You agree and acknowledge that, if your offer is accepted by Monique’s Custom Shoes in accordance with these Terms & Conditions that Monique’s Custom Shoes is contracting to arrange for the delivery of the relevant products to your nominated address. Monique’s Custom Shoes is considered the importer of record in respect of those products and you must comply with all laws and regulations of the country in which you are receiving the products.
Monique’s Custom Shoes 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 is threatening, defamatory, obscene, offensive, indecent, pornographic, abusive, discriminatory, liable to incite hatred, is in breach of confidence, or privacy, or is proprietary is not properly licensed for use on this Website violates or infringes the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any person constitutes or encourages an illegal act — including criminal or civil liability, or acts which are otherwise prohibited by the law of any relevant country in the world infringes on the rights of a third party in any country in the world; or has the potential to cause technical damage to the Website, or the equipment of other users of the Website (including, without limitation, viruses, trojans, worms, corrupted data or other malicious data or code).
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 Monique’s Custom Shoes shoe designer, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
You agree that Monique’s Custom Shoes owes no royalty or license 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. Monique’s Custom Shoes is free to copy, distribute or incorporate such material into the Website for commercial or non-commercial purposes.
ACCESS TO Monique’s Custom Shoes
Monique’s Custom Shoes 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 authorized to access and use the Website in a manner consistent with these Terms and Conditions. Monique’s Custom Shoes has no obligation to investigate the authorization 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 authorized 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 Monique’s Custom Shoes of any unauthorized 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.
You acknowledge that all discounts arising from Promotional Offers are applied to transaction amounts only after any existing account credit or gift certificate credit has been deducted from the total amount of your order.
Promotional offers cannot be used in conjunction with gift certificates. Only one promotional offer can be used per order.
Monique’s Custom Shoes reserves the right to verify the validity of the Promotional Offers redeemed by you at any time. If we have reason to believe that there has been unauthorized use of a Promotional Offer then we can revoke this offer and cancel your order at our discretion.
RETURNS & REFUNDS
If your shoes do not fit< One of the best things about custom shoes is having them tailored to fit. If you receive your shoes and they don't fit right, please contact us as soon as you can within 90 days of receiving your order. As long as they’re in an unworn condition, we’ll happily remake them free of charge in a different size.
Alternatively, you can take them to a shoe repairer in your city and we’ll cover the costs of having them adjusted.
If you have any questions about the fit of your shoes, please contact us. If something is wrong with your shoes Your shoes will be considered faulty if they are received damaged, or a manufacturing error occurs within 90 days of purchase. Shoes damaged as a result of wear and tear are not considered to be faulty.
If you have any questions about our returns policy, please contact us. This policy forms part of this agreement and we agree to provide refunds in accordance with this document.
Please allow 7-14 business days from the return ship date for your return to be processed and credited. Returns for a refund can only be made to the original form of payment minus a $20 restocking fee per item. Due to varying bank policies, please allow 1-2 billing cycles for the credit to appear on your statement.
CREDIT CARD FRAUD
Monique’s Custom Shoes, through our transaction provider PayPal, employs the Secure Sockets Layer (SSL) technology to protect transactions with our customers. However Monique’s Custom Shoes 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 unauthorized manner as a result of using this Website.
SUPPLY OF PRODUCTS
Subject to these Terms and Conditions, we will supply to you the products indicated on your order confirmation. When designing your 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 Monique’s Custom Shoes 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).
DELIVERY OF YOUR PRODUCTS
The making of your shoes and delivery time takes up to 6-8 weeks from the date your payment is received. In all instances estimated delivery times will be displayed at the checkout for your product.
Monique’s Custom Shoes makes every effort to deliver your custom made shoes 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 a third party address. 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.
To the extent permitted by law, Monique’s Custom Shoes will not be liable for any delay or inability to deliver your order within the estimated timeframe. Risk and Title in Direct Import Goods passes to you on the date and time of delivery of the goods to Monique’s Custom Shoes’ nominated delivery agent in the country of export.
IMPORTER OF RECORD AND AUTHORISATION OF CUSTOMS BROKER
As noted above, if your offer is accepted by Monique’s Custom Shoes in accordance with these Terms & Conditions and notwithstanding that the delivery of the relevant products to your nominated address will be arranged by Monique’s Custom Shoes, you will be considered the importer of record in respect of those products.
CUSTOMS AND DUTIES
In respect of an order of Direct Import Goods, Taxes may be levied with respect to the goods by the destination country to which the goods will be delivered and/or the country from which the goods are shipped. Monique’s Custom Shoes will be the importer of record for the purpose of customs and border processing and, as the importer of the goods, we agree to pay such Taxes to the relevant authority in addition to your payment to us of the price. Monique’s Custom Shoes will also cover the delivery charge of the goods.
If the relevant authorities in your country ask you to pay taxes or duties when your shoes are delivered, please contact Monique’s Custom Shoes and we’ll rectify this for you.
REVIEWS, COMMENTS AND SHOE DESIGNS
Except as otherwise provided elsewhere in these Terms and Conditions or on the Website, anything that you submit or post to the Website and/or provide Monique’s Custom Shoes, including without limitation, shoe designs, ideas, know-how, techniques, questions, reviews, comments, and suggestions (collectively, “Submissions”) is and will be treated as non-confidential and non-proprietary, and Monique’s Custom Shoes 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 Monique’s Custom Shoes. You also grant Monique’s Custom Shoes 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 Monique’s Custom Shoes 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 Monique’s Custom Shoes or third parties as to the origin of any Submissions or Content. Monique’s Custom Shoes may, but shall not be obligated to, remove or edit any Submissions (including comments or reviews) for any reason.
You shall not assign any rights and obligations under these Terms and Conditions whether in whole or in part without the prior written consent of Monique’s Custom Shoes. Any unauthorized assignment shall be deemed null and void.
If any provision of these Terms and Conditions 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 Conditions and the remainder of the provisions in question shall not be affected.
Our goods come with guarantees that cannot be excluded under 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 and Conditions constitutes a waiver of such Terms and Conditions. Such failure will in no way affect the right to later enforce a part of these Terms.
Monique’s Custom Shoes reserves the right to change the Terms and Conditions at any time.
No Monique’s Custom Shoes employee or agent has the authority to vary any of the Terms and Conditions.
Monique’s Custom Shoes shall not be liable for any delay in performing any of its obligations under these Terms and Conditions if such delay is caused by circumstances beyond the reasonable control of Monique’s Custom Shoes, and Monique’s Custom Shoes will be entitled to a reasonable extension of time for the performance of such obligations.
DISCLAIMER AND LIABILITY
While every effort has been made to ensure the information contained within this Website is correct, Monique’s Custom Shoes makes no warranty as the accuracy, comprehensiveness, or correctness of any material, and provides all material on an “as is” basis.
Monique’s Custom Shoes, including our partners, directors, officers, 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.
GOVERNING LAW AND SEVERABILITY
This contract will be governed by the laws of Georgia, USA. 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 and Conditions is or becomes illegal, invalid or unenforceable that shall not affect the validity or enforceability of any other provision.
At Monique’s Custom Shoes, 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.
HOW WE COLLECT PERSONAL INFORMATION
We strive to only collect personal information necessary to conduct business as a premier retailer of women’s shoes.
The type of personal information we collect includes:
Your full name and contact details (such as phone and email),
The name, address and contact details of the person who will take delivery of the product,
Your billing information, sizing measurements, and any personal information you disclose to us when you complete an online form on our website www.moniquecustomshoesdesign.com (“Website”), or send us via email.
USING YOUR PERSONAL INFORMATION
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 authorized or required by law, or you have expressly consented to such a disclosure.
If you are subscribed 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
Third party vendors, including Google, show our ads on sites on the internet.
ACCESSING AND EDITING YOUR PERSONAL INFORMATION
Your personal information is accessible and editable by logging in to your Monique’s Custom Shoes account. You may log in and edit this information at any time.
SECURING AND STORING YOUR PERSONAL INFORMATION
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 unauthorized 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.
MAILING LIST TERMS & CONDITIONS
As a condition of joining our mailing list, you consent to us sending you Promotional Emails. In this document, ‘Promotional Emails’ includes product information, new offers and information about Monique’s Custom Shoes. You may choose to opt-out of receiving Promotional Emails anytime by simply clicking the unsubscribe button at the bottom of our emails.