Terms of Use
Last Updated: October 10, 2019
Welcome to the discountitalianshoes.com website (the “Site”). Discount Italian Shoes, LLC (“Discount Italian Shoes”) provides services to you, and these terms and conditions (“Terms”) apply to the Site, your use of the Site, any mobile applications, and the Services (defined below). By accessing, viewing, or using the content, material, products, or services available on or through the Site, you certify that (i) you have read, understand, and agree to be legally bound by these Terms as well as our Privacy Policy, which is incorporated by this reference as if fully set forth in these Terms. (ii) you are 13 years of age or older and that you have all the necessary rights, power and authority to agree to, and perform your obligations set forth under, these Terms and (iii) your use of the Site or any content, material, products or services made available on or through the Site (collectively, the “Services”) signifies that you fully accept and agree to these Terms. SO PLEASE READ THESE TERMS CAREFULLY BEFORE PROCEEDING. IF YOU ARE DISSATISFIED WITH THE SITE, THE SERVICES, OR THESE TERMS, OR IF YOU DO NOT AGREE WITH THESE TERMS AND THE PRIVACY POLICY, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE AND THE SERVICES.
- Registration In order to access certain content, material, products or Services on the Site, you may be asked to register and create an account. As part of the registration process, you may be asked to select or submit a user name and password. You may also be required to provide certain information about yourself, including some types of personally identifiable information (e.g., your legal name, phone number, address, email address, gender, and age). You are solely responsible for ensuring that your password and account login are kept secret, safe, and secure at all times. Discount Italian Shoes is not responsible or liable for any misuse of your account if a third party gains access to and uses your password and account login in any way. When placing an order through the Site, you must provide other personal information, such as shipping address, billing address, and payment details. Additional information may be collected by Discount Italian Shoes or its third party providers at this time for security and anti-fraud purposes. You represent that the personal information you provide via the Site is true, valid, complete and up-to-date in all respects, and you confirm that you are the person referred to in the shipping (unless the item is a gift) and billing information provided. Should any of the information you provide on the Site change, please login to your account and update such information directly on the Site. Any personal information that you provide via the Site is subject to Discount Italian Shoes’s Privacy Policy.
- Purchases Some products or Services made available through the Site may be available for purchase. By purchasing products or Services made available through the Site, you represent that you have reached the age of majority (which in most states is 18 years old) and have the legal capacity to enter into a contract. If you are under the age of majority or cannot lawfully enter into a contract, you must have your parent or guardian review these Terms and the Privacy Policy, and register or place an order on your behalf. Discount Italian Shoes may use a third party payment processor to process credit card transactions made through the Site. You are also responsible for paying any governmental taxes imposed in connection with use of the Site or the purchase or any products or Services made available through the Site, including sales, use, and excise taxes (excluding only taxes on Discount Italian Shoes’s net income). To the extent that Discount Italian Shoes is obligated to collect such taxes, then the applicable tax will be added to your billing account. All sales are subject to Discount Italian Shoes’s shipping and return policies, which are set forth in these Terms.
- Shipping, Returns & Exchanges Shipping - Method. All orders shipped to the contiguous United Stats are shipped via FedEx, two day ground shipping. United States orders outside of the contiguous United States must pay for shipping. These shipping costs depend on your location and the shipment method you select and associated costs will be displayed in the order summary on the Site before you confirm your order. This amount will be payable by you in addition to the price, including taxes, of the goods ordered. FedEx shipping requires a valid shipping address, no PO boxes. Please contact Customercare@discountitalianshoes.com and we will gladly share more details on our shipping process. Shipping - Costs and Timing. We may utilize a third party vendor to handle our shipping, so “we” in this paragraph refers to both Discount Italian Shoes and any third party vendor that Discount Italian Shoes relies upon for shipping. In some cases, certain locations or delivery options may not be available, may require additional shipping fees or may take longer. Items subject to these additional shipping and delivery charges will be displayed during the ordering procedures and may not be eligible for any reduced or free shipping offers. A tracking number may be emailed to you when your order ships; this tracking number would allow you to check on the delivery status of your order. Please be advised that deliveries are not typically made on weekends or holidays. If your order or a part of your order is not able to ship without material delay for any reason, we will contact you to provide more detail and an estimated shipping date. Please contact Customercare@discountitalianshoes.com and we will gladly share more details on our shipping process. Returns. We may utilize a third party vendor to handle returns, so “we” in this paragraph refers to both Discount Italian Shoes and any third party vendor that Discount Italian Shoes relies upon for returns. If you are not completely satisfied with your purchase from Discount Italian Shoes, you can return your item(s) for either (i) a full refund within 90 days of your purchase, if the purchased products are unused or (ii) a refund of 50% of the original retail price for the purchased products, within 90 days of your purchase, if the purchased products have been used. It may take 4-5 business days for your return to reach Discount Italian Shoes. Once it is received and inspected (usually within 72 hours of receipt) your refund will be processed and (x) a full refund will automatically be applied to your credit card or original method of payment within 7 days and (y) a 50% refund will be sent to you in the form of a Discount Italian Shoes gift card that is redeemable at the Site for another purchase of Discount Italian Shoes products. Please note that for a full refund, depending on your credit card company, it may take an additional 2-10 business days after your full refund credit is applied for it to post to your credit card account. Please contact Customercare@discountitalianshoes.com and we will gladly share more details on how to process the return. Exchanges. We may utilize a third party vendor to handle exchanges, so “we” in this paragraph refers to both Discount Italian Shoes and any third party vendor that Discount Italian Shoes relies upon for exchanges. You may exchange an order at any time after its purchase, if the purchased products are unused. The new products you choose will be shipped promptly when an exchange is processed (and, if applicable, after payment of any additional purchase price for the new products). The new products shipped in connection with an exchange remain subject to our return policy. Please contact Customercare@discountitalianshoes.com and we will gladly share more details on how to process the exchange.
- General Restrictions on Use You must use the Site and the Services only for purposes that are permitted by these Terms and in compliance with all applicable laws, regulations, and generally accepted practices or guidelines in the relevant jurisdictions. You may only use the Site and Services for your noncommercial, non-exclusive, non-assignable, non-transferable and limited personal use, and for no other purposes. Discount Italian Shoes may cancel, delay, refuse to ship or recall from the shipper any order if fraud is suspected. You must not (nor attempt to):
- Access any of the Services by any means other than through the interface that is provided by Discount Italian Shoes;
- Gain unauthorized access to Discount Italian Shoes’s computer system or engage in any activity that interferes with the performance of, or impairs the functionality or security of the Site, the Services, Discount Italian Shoes’s networks and computer systems;
- Access any of the Site or the Services through any automated means or with any automated features or devices (including use of scripts or web crawlers);
- Access or collect any personally identifiable information, including any names, email addresses or other such information for any purpose, including commercial purposes;
- Reproduce, duplicate, copy, sell, trade, or resell any aspect of the Site or the Services for any purpose; and
- Reproduce, duplicate, copy, sell, trade or resell any products or services bearing any trademark, service mark, trade name, logo or service mark owned by Discount Italian Shoes in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.
- Content As between you and Discount Italian Shoes, Discount Italian Shoes owns or licenses all information and materials, including logos, data, designs, titles, phrases, product names, images, illustrations, icons, photographs, and the copyrights, trademarks, service marks, trade dress, and other intellectual property rights associated therewith, in or made available through the Site (collectively “Site Content”), as well as the selection, coordination, arrangement, and organization and enhancement of the Site Content. All Site Content is protected pursuant to copyright, trademark, patent, and other applicable laws. You will not remove or alter any copyright notice or any other proprietary notice on any Site Content. As between you and Discount Italian Shoes, all names, trademarks, symbols, slogans, or logos appearing on the Site are proprietary to Discount Italian Shoes or its affiliates, licensors, or suppliers. Use or misuse of these trademarks is expressly prohibited and may violate federal and state trademark law. Under no circumstances will you have any rights of any kind in or to the Site Content, other than the right to use the Site Content in accordance with these Terms. Certain features of the Site may allow you to contribute feedback, polling data and other information to the Site for access, use, viewing, and commentary by other users of the Site (collectively, “Comments”). By posting Comments, you represent that you have the full legal right to provide the Comments and that use of the Comments by Discount Italian Shoes on the Site, and all other persons and entities, will not: (a) infringe any intellectual property rights of any person or entity or any rights of publicity, personality, or privacy of any person or entity, including as a result of your failure to obtain consent to post personally identifying or otherwise private information about a person; (b) violate any law, statute, ordinance, regulation, or agreement; or (c) constitute disclosure of any confidential information owned by any third party. Upon your submission of Comments or other material or information to Discount Italian Shoes, you automatically grant Discount Italian Shoes a worldwide, perpetual, irrevocable, transferable, license to access, use, distribute, reproduce, display, modify, create derivative works based upon, and sublicense the Comments, all without any compensation to you whatsoever. For avoidance of doubt, Discount Italian Shoes has no obligation: (1) to maintain any Comments in confidence; (2) to compensate you in any way for your Comments; or (3) to respond to any Comments.
- Errors, Inaccuracies, and Omissions Occasionally, information on the Site may contain typographical errors, inaccuracies, or omissions that relate to product descriptions, pricing, promotions, offers, and availability. Discount Italian Shoes may correct any errors, inaccuracies or omissions and change or update information or cancel orders if any information on the Site is inaccurate at any time without prior notice (including after you have submitted your order). Discount Italian Shoes cannot and does not review all communications, products, or services made available on or through the Site but, although not obligated to, may review, verify, make changes to or remove any Comments, Site Content, or the Site, including information submitted in connection with the Site Content or other features at any time, with or without notice in Discount Italian Shoes’s sole discretion.
- Disclaimers and Warranties; Liability Limitations Discount Italian Shoes may (i) change the assortment of items offered and to limit the quantity of items that may be purchased from time to time and at any time, without prior notice, and (ii) alter the terms or duration of any special offers or sale promotion. Discount Italian Shoes is not liable in case of stock outage or unavailability of products. Discount Italian Shoes makes every effort to display as accurately as possible the colors of products that appear at the Site, but cannot guarantee that your computer monitor's display of any color is accurate. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THESE TERMS, OR REQUIRED BY APPLICABLE LAW, Discount Italian Shoes MAKES NO REPRESENTATIONS, COVENANTS OR WARRANTIES AND OFFERS NO OTHER CONDITIONS, EXPRESS OR IMPLIED, REGARDING ANY MATTER, INCLUDING THE MERCHANTABILITY, SUITABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE OR NONINFRINGEMENT OF THE SERVICES OR THE SITE, ANY CONTENT ON THE SERVICES THE SITE OR ANY PRODUCTS OR SERVICES PURCHASED THROUGH THE SERVICES OR THE SITE, AS WELL AS WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING. YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. Discount Italian Shoes DISCLAIMS ANY WARRANTIES THAT ACCESS TO THE SITE OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THE SERVICES WILL BE SECURE; THAT THE SERVICES OR ANY SERVER THAT MAKES THE SERVICES AVAILABLE WILL BE VIRUS-FREE; OR THAT INFORMATION ON THE SITE OR SERVICES WILL BE CORRECT, ACCURATE, ADEQUATE, USEFUL, TIMELY, RELIABLE OR OTHERWISE COMPLETE. IF YOU DOWNLOAD ANY CONTENT FROM THE SITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH CONTENT. NO ADVICE OR INFORMATION OBTAINED BY YOU FROM THE SITE OR SERVICES CREATE ANY WARRANTY OF ANY KIND. IN NO EVENT IS Discount Italian Shoes, OR ITS PARENT, SUBSIDIARIES, DIVISIONS OR AFFILIATES (IF ANY) OR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, DIVISIONS, DISTRIBUTORS, SUPPLIERS, AFFILIATES, OR THIRD PARTIES PROVIDING INFORMATION ON OR IN CONNECTION WITH THE SITE OR SERVICES (COLLECTIVELY, THE “RELEASEES”) LIABLE TO YOU, ANY USER OF THE SITE OR SERVICES OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA OR LOSS OF USE) ARISING OUT OF THE USE OR INABILITY TO USE OR ACCESS THE SITE OR SERVICES, ANY CONTENT OR INFORMATION CONTAINED THEREON OR STORED OR MAINTAINED BY Discount Italian Shoes OR ANY PRODUCTS OR SERVICES PURCHASED THROUGH THE SITE OR SERVICES, WHETHER BASED UPON WARRANTY, CONTRACT, TORT, OR OTHERWISE, EVEN IF ANY RELEASEE HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. IN NO EVENT WILL THE TOTAL LIABILITY OF THE RELEASEES TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION RESULTING FROM YOUR USE OF THE SITE OR SERVICES, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, EXCEED THE AMOUNT YOU PAID TO Discount Italian Shoes IN CONNECTION WITH THE APPLICABLE PURCHASE GIVING RISE TO SUCH LIABILITY. WITHOUT LIMITING THE FOREGOING, IN NO EVENT WILL THE RELEASEES HAVE ANY LIABILITY FOR ANY DAMAGES OR LOSSES ARISING OUT OF OR OTHERWISE INCURRED IN CONNECTION WITH THE LOSS OF ANY DATA OR INFORMATION CONTAINED IN YOUR ACCOUNT OR OTHERWISE STORED BY OR ON BEHALF OF Discount Italian Shoes. IF, NOTWITHSTANDING THE PROVISIONS OF THESE TERMS, ANY RELEASEE IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH YOUR USE OF THE SITE OR SERVICES, ANY CONTENT ON THE SITE OR SERVICES OR ANY PRODUCT OR SERVICES PURCHASED THROUGH THE SITE OR SERVICES, SUCH RELEASEE’S LIABILITY SHALL IN NO EVENT EXCEED US$100.00. Because some jurisdictions do not allow limitations on implied warranties or the exclusion or limitation of certain damages, in such jurisdictions some or all of the above disclaimers or exclusions may not apply and liability will be limited to the fullest extent permitted by applicable law. You understand that the technical processing and transmission of any Site Content and Comments may be transferred unencrypted and involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices. Discount Italian Shoes does not guarantee that any information sent to or from the Site will be secure during transmission, nor can Discount Italian Shoes guarantee the confidentiality of any communication or material transmitted via the Site or the Internet, including, for example, personal information such as your name or address. Discount Italian Shoes assumes no responsibility for: (a) any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any communication; and (b) any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the Site, including any injury or damage to you or to any person’s computer related to or resulting from use of the Services or the Site.
- Indemnity You will defend, indemnify and hold harmless Discount Italian Shoes, its officers, directors, members, employees, agents, affiliates, licensors and suppliers, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Site and Services; (ii) your violation of any of these Terms, including the Privacy Policy; (iii) your violation of any third party rights, including without limitation any copyright, intellectual property, or privacy rights; or (iv) the use by any other persons accessing this Site using your Internet account or account login. These defense and indemnification obligations survive expiration of these Terms and your use of the Site and Services. Discount Italian Shoes may, at its own expense, assume the exclusive defense and control of any matter otherwise subject to indemnification by you hereunder, and you will cooperate in all reasonable respects in such defense. You may not settle any claim contemplated in this Section 8 without Discount Italian Shoes’s prior written consent.
- Links To Other Websites The Site may contain links or references to other websites outside of Discount Italian Shoes’s control (including with respect to our third party vendors). These links to other websites may use our Site logo or style as a result of a co-branding agreement. These websites may send cookies to you and may collect personally identifiable information about you and make use of that data in ways that this Site would not. Please be aware that Discount Italian Shoes has no control over these websites and that these Terms do not apply to any third party websites. Discount Italian Shoes cannot be held responsible for those websites or external sources, or for any damage or losses deriving from the use of the content, or goods and services available on those websites or external sources. You should read the privacy policies and terms of use linked or referenced in those websites that you enter.
- Complaint Procedures If you believe that any content or postings on the Site violates your intellectual property or other rights, please notify Discount Italian Shoes by contacting team@rosssnow.com with a comprehensive detailed message setting forth the following information: (a) your name and the name of your company, if any; (b) your contact information, including your email address; (c) the nature and substance of your complaint, the specific rights at issue, and your basis for making the complaint, including the content or posting that is objectionable; and (d) the following statement: “The statements, representations, and assertions made in this message are true, complete, and accurate and I have the full legal authority to make each and every such statement, representation, and assertion and to make and be granted any demand made in this message.”
- Dispute Resolution Nevada law governs these Terms. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. Except as otherwise provided in these Terms, any dispute arising out of these Terms must be resolved exclusively through final and binding arbitration conducted by the American Arbitration Association (the “AAA”). Arbitration uses a neutral arbitrator instead of a judge or jury, and court review of an arbitration award is very limited. But an arbitrator can award the same damages and relief on an individual basis that a court can award to an individual; and an arbitrator must also follow these Terms, as a court would. All issues are for the arbitrator to decide, except that issues relating to arbitrability and the scope or enforceability of your agreement to arbitrate any dispute is for a court of competent jurisdiction to decide. Arbitration must occur in Las Vegas, Nevada unless Discount Italian Shoes elects otherwise in writing. The arbitrator will decide the substance of all claims in accordance with the laws of the State of Nevada. The arbitrator will not be bound by rulings in prior arbitrations involving different Discount Italian Shoes users, but is bound by rulings in prior arbitrations involving the same Discount Italian Shoes user to the extent required by applicable law. The arbitrator's award will be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Payment of all filing, administration, and arbitrator fees will be governed by the AAA's rules, unless otherwise stated in these Terms. If the value of the relief sought is $10,000 or less, at your request, Discount Italian Shoes will pay all filing, administration, and arbitrator fees associated with the arbitration. Any request for payment of fees by Discount Italian Shoes should be submitted by mail to the AAA along with your demand for arbitration and Discount Italian Shoes will make arrangements to pay all necessary fees directly to the AAA. If the value of the relief sought is more than $10,000 and you are able to demonstrate that the costs of accessing arbitration will be prohibitive as compared to the costs of accessing a court for purposes of pursuing litigation on an individual basis, Discount Italian Shoes will pay as much of the filing, administration, and arbitrator fees as the arbitrator deems necessary to prevent the costs of accessing arbitration from being prohibitive. If the arbitrator determines the claim(s) you assert in the arbitration to be frivolous, you must reimburse Discount Italian Shoes for all fees associated with the arbitration paid by Discount Italian Shoes on your behalf that you otherwise would be obligated to pay under the AAA's rules. If an arbitrator or court decides that any part of this agreement to arbitrate is invalid or unenforceable, the other parts of this agreement to arbitrate still apply. BOTH YOU AND Discount Italian Shoes HEREBY AGREE THAT EXCEPT AS EXPRESSLY PROVIDED IN THE OPT-OUT NOTICE PROVISION DESCRIBED IN THESE TERMS, YOUR ORDER ON THE SITE AND ITS FULFILLMENT BY Discount Italian Shoes CONSTITUTE ACKNOWLEDGEMENT AND AGREEMENT WITH THE ARBITRATION PROVISIONS IN THESE TERMS IN ACCORDANCE WITH NEVADA REVISED STATUTES SECTION 597.995. You can choose to reject this agreement to arbitrate by mailing us a written opt-out notice (“Opt-Out Notice”). The Opt-Out Notice must be postmarked no later than thirty days after the date you accept these Terms for the first time. You must complete the Opt-Out Notice by providing your name, address (including street number and address, city, state, and zip code), phone number, and the email address used to log in to the Discount Italian Shoes account to which the Opt-Out Notice applies. You must sign the Opt-Out Notice for it to be effective. This procedure is the only way you can opt out of the agreement to arbitrate. If you opt out of the agreement to arbitrate, all other parts of these Terms continue to apply. Opting out of this agreement to arbitrate has no effect on any previous, other, or future arbitration agreements that you may have with us. Notwithstanding anything to the contrary in this Section 11, either you or Discount Italian Shoes may bring an individual action in small claims court. Further, claims of defamation, violation of the Computer Fraud and Abuse Act and infringement or misappropriation of the other party’s patent, copyright, trademark or trade secret is not subject to this agreement to arbitrate. Any dispute not subject to arbitration must be exclusively brought (unless such courts do not have personal jurisdiction in the dispute) in the courts located in Las Vegas, Nevada. Additionally, notwithstanding this agreement to arbitrate, either party may seek emergency equitable relief before such courts in order to maintain the status quo pending the arbitrator’s ruling, and hereby consent to the personal jurisdiction of such courts. A request for interim measures will not be deemed a waiver of the agreement to arbitrate.
- Miscellaneous These Terms, including the Privacy Policy, constitute the whole legal agreement between you and Discount Italian Shoes and govern your use of the Site, the Services and any transactions you may have with Discount Italian Shoes through the Site and completely replaces and supersedes any prior agreements or understanding, arrangements, undertaking or proposal, written or oral, between you and Discount Italian Shoes in relation to such matters. If any other rule, code of conduct, or other matter posted on the Site conflicts with the terms of these Terms, these Terms govern. No oral explanation or oral information given by any party alters the interpretation of these Terms. Notwithstanding the foregoing, you understand that Discount Italian Shoes may make changes to these Terms from time to time. Your continued use of the Site following the posting of changes to these Terms is deemed to be your consent to those changes. When these changes are made, Discount Italian Shoes will make a new copy of the Terms available on the Site. Discount Italian Shoes has no obligation to provide you with notices regarding changes to the Terms; instead, it is your responsibility to check the Terms regularly for changes. If Discount Italian Shoes does not exercise or enforce any legal right or remedy that is contained in these Terms (or which Discount Italian Shoes has the benefit of under any applicable law), this will not be taken to be a formal waiver of Discount Italian Shoes’s rights and those rights or remedies remain available to Discount Italian Shoes. If any court of law, having the jurisdiction to decide a matter arising out of these Terms, rules that any provision of these Terms is invalid, then that provision will be removed from these Terms without affecting the rest of the Terms and the remaining provisions continue to be valid and enforceable. The Site is controlled and operated from within the United States. Without limiting anything else, Discount Italian Shoes makes no representation that the Site, Site Content, Comments, services, products, information or other materials available on, in, or through the Site is appropriate or available for use in other locations, and access to them from territories where they are illegal is prohibited. Those who choose to access the Site from other locations do so on their own volition and are responsible for compliance with applicable laws.