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Terms and Conditions
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.
Copyright
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of kick shoes, LLC. The collective work includes works that are licensed to kick shoes LLC. Copyright 2010, kick shoes, LLC ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with kick shoes, LLC or purchasing kick shoes, LLC products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with kick shoes, LLC or to purchase kick shoes, LLC products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by kick shoes LLC. You further agree not to change or delete any proprietary notices from materials downloaded from the site.
Trademarks
All trademarks, service marks and trade names of kick shoes, LLC used in the site are trademarks or registered trademarks of kick shoes, LLC
Warranty Disclaimer
This site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, kick shoes, LLC disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. kick shoes, LLC does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. kick shoes, LLC does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
Limitation of Liability
kick shoes, LLC shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if kick shoes, LLC has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Typographical Errors
In the event that a kick shoes, LLC product is mistakenly listed at an incorrect price, kick shoes, LLC reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. kick shoes, LLC reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, kick shoes, LLC shall issue a credit to your credit card account in the amount of the incorrect price.
Term; Termination
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by kick shoes, LLC without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
Notice
kick shoes, LLC may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to kick shoes, LLC.
Miscellaneous
Your use of this site shall be governed in all respects by the laws of the state of Wisconsin, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of kick shoes, LLC products shall be in the state or federal courts located in La Crosse county, Wisconsin, USA. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of kick shoes, LLC products must be commenced within one (1) year after the claim or cause of action arises. kick shoes, LLC's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. kick shoes, LLC may assign its rights and duties under this Agreement to any party at any time without notice to you.
Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a kick shoes, LLC or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
Participation Disclaimer
kick shoes, LLC does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, kick shoes, LLC is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, kick shoes, LLC reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to kick shoes, LLC in its sole discretion.
Indemnification
You agree to indemnify, defend, and hold harmless kick shoes, LLC, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
Third-Party Links
In an attempt to provide increased value to our visitors, kick shoes, LLCmay link to sites operated by third parties. However, even if the third party is affiliated with kick shoes, LLC, kick shoes, LLChas no control over these linked sites, all of which have separate privacy and data collection practices, independent of kick shoes, LLC. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, kick shoes, LLC seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).
WHAT DO I DO IF I NEED TO EXCHANGE/RETURN A SHOE?
A Return Authorization Number (RAN) must be obtained before returning product to shopkickshoes.com by either calling 1-866-375-9550, or 608-782-5425 or emailing kickchicks@shopkickshoes.com. All item(s) must be unworn, unaltered, not washed, with original tags and boxes and return must be postmarked within 14 days of receiving product. If we receive a returned item that doesn’t meet our return guidelines, the product may be sent back to you at your expense. Please make sure your purchase meets our guidelines. Insuring your return packages to shopkickshoes.com is highly recommended. This will provide you with recourse on your package, as we cannot accept responsibility for packages that we do not ship ourselves. In the event of any failure to return goods to us within the stipulated time limits, even though validly cancelled, we shall have the right to charge any costs of recovery of the goods. Ship all returns to: kick Attn: Returns/Exchanges (RAN) 115 S. 2nd Street La Crosse, WI 54601 Can I exchange an item(s)? We do accept exchanges, but shipping charges may apply depending on where you live. Please inquire by emailing kickchicks@shopkickshoes.com. Ship all exchanges to: kick shoes Attn: Returns/Exchanges 115 S. 2nd Street La Crosse, WI 54601 I think I received defective/wrong merchandise, what do I do? If you believe that you have received defective merchandise or were shipped incorrect merchandise (style, size, color), you must notify us within 3 days of receiving the product to be eligible for a refund. There are no exceptions. We do not manufacture our products and we do not offer any warranty. Please follow our normal return policy. When will my return be refunded? Once your package has been received by us, your refund will be processed within 2 business days. We will inspect your returned item(s) and then contact you via email with the refund confirmation. Refunds may not show up on your card statement for about four business days. We do not refund any postal insurance purchased by customer. Can I return a sale item? Marked Down styles are Final Sale and SALES FINAL. All other Promotional sale items are able to be returned. Questions?: email us at kickchicks@shopkickshoes.com or call 1-866-375-9550 or 1-608-782-5425
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