These Crystal Heels Terms of Service comprise a legal agreement between you and Crystalheels.com ("Crystal Heels") and governs your use of crystalheels.com and crystalheels.com services. BY SUBSCRIBING TO AND/OR USING CRYSTAL HEELS SERVICE, YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE, AS MAY BE MODIFIED FROM TIME TO TIME BY CRYSTAL HEELS IN ITS SOLE DISCRETION. If you do not agree to these Terms of Service do not subscribe to or use the Crystal Heels website or services.
Crystal Heels is comprised of Internet Web sites and Web pages operated by Crystal Heels and its affiliates and of various products which are provided by Crystal Heels, its affiliates or third party service providers. These Web sites, Web pages, products will be collectively referred to in this Agreement as "Crystal Heels" or the "Crystal Heels System." "You" means You, Your company, Your employees, and anyone who has access to use Your Crystal Heels account. You must be at least eighteen (18) years of age to subscribe to and use any Crystal Heels service or product.
The Crystal Heels System is offered to You on the condition that You accept these Terms of Service. You agree to familiarize Yourself with, and to regularly review, the Terms of Service, and other terms and guidelines found throughout the Crystal Heels System and abide by them if You choose to use the sites, or accept the products, services or benefits, to which such terms apply. Crystal Heels reserves the right to change any of the Terms of Service at anytime without notice. If You continue to use the Crystal Heels System after any such changes, Your continued use will constitute Your consent to such changes. Crystal Heels does not and will not assume any obligation to notify You of any changes to the Terms of Service.
Any rights not expressly granted herein are reserved by Crystal Heels. In addition Your registration information and other information about You is subject to our Privacy Statement on the site.
We thank you for choosing Crystal Heels and we are sure you will find our shoes to be simply WOW! Every shoe is customized by hand and some of our custom shoes use over 8,000 real Swarovski crystals. Our primary goal is to make you happy, so we want to make sure that you agree with the terms outlined below:
*** ALL UNWORN SHOES BOUGHT IN THE CRYSTAL HEELS STORE ARE EXCHANGABLE AND RETURNABLE WITHIN 14 DAYS ***
***ALL CUSTOM ORDERS TO REDO YOUR SHOES ARE NONREFUNDABLE AND NO CHANGES WILL BE MADE ONCE THE ORDER IS FINISHED AND SHIPPED***
There are exceptions, so please read all the fine print!
The shoes just didn’t turn out as you expected – We want you to be 100% happy with your purchase, so if your shoes did not turn out as expected, please contact us and we can talk through the issue and find a solution.
Yikes! You thought this combo would look better! – While we enthusiastically support creative shoe making we ask that you don’t return your shoes because your crazy design turned out a bit too crazy. Just pair them with simple jeans and solid top – any crazy shoe can be rocked with the right attitude!
Oops! You changed your mind about the color - Because all our shoes are individually handmade to our customers' specifications, we do not accept returns based on "oopses" -- If you order bright orange, please make sure that's the color you want! If you have any questions please contact us first before ordering.
License to your creation. As part of the CrystalHeels service we will be incorporating your designs, materials, suggestions, and creative input (your "submissions") into the creation of products. You hereby grant to Crystal Heels, LLC a perpetual, royalty-free, worldwide, transferable, assignable, sub-licensable nonexclusive, right and license to use your Submissions in all media and products existing now or created in the future, in any manner including for commercial use (e.g. selling products that may incorporate your Submissions).
By purchasing any products on the Crystal Heels site, You make the following representations and warranties. Crystal Heels shall have the right to terminate your order, without notice at any time, if any representation warranty made by You proves to be untrue in any respect.
You represent and warrant that:
* You and all users of the Crystal Heels System approved by you are at least eighteen (18) years of age;
* You have the legal capacity and authority to; (a) enter into binding contracts for the sale and purchase of goods , (b) be bound by these Terms of Service, (c) to subscribe to and use the Crystal Heels service, including, where applicable, the buying, and selling of items, in accordance with these Terms of Service, and (d) if you are acting in a corporate capacity, you are authorized to bind Your company;
* You will not use the Crystal Heels System for any purpose that is unlawful, or prohibited by these Terms of Service; All information supplied by You or by others using Your account is true and accurate, including information submitted as part of the registration and subscription process;
By using the Crystal Heels website, You agree that You will defend and indemnify Crystal Heels ,its affiliates, and service providers from any third party claim related to a breach of any of the foregoing warranties.
LIMITATIONS ON YOUR USE OF THE CRYSTAL HEELS WEBSITE
The Crystal Heels System is provided to assist You with the purchase of goods of Crystal Heels. Your right to use the Crystal Heels website is limited to You, and Your company and its employees. Crystal Heels reserves the right, but is not obligated, to monitor your compliance with these Terms of Service.
You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products, services or benefits obtained from the Crystal Heels Website, except as expressly provided herein.
You may not interfere with or disrupt the Crystal Heels System, Crystal Heels or its service providers' servers or any network connected to Crystal Heels.
You may not use the Crystal Heels Website or the products or services provided through or in connection with the Crystal Heels Website to:
*defame, libel, slander, impersonate, abuse, harass, threaten, invade the privacy of or otherwise violate or infringe the legal rights (including the rights of privacy and publicity) of any other person;
*conduct, promote or forward illegal contests, pyramid schemes, chain letters, unsolicited or unauthorized advertising, promotional materials, unsolicited e-mail ( including "spamming") or multi-level or illegal marketing campaigns
*harm minors in any way;
*email harvest or otherwise collect information about third parties, including e-mail addresses, without the express consent of such third parties;
*violate any applicable government laws, rules or regulations.
Products available through or in connection with Crystal Heels require that You purchase a product. You hereby authorize Crystal Heels to charge Your credit card in advance for all applicable fees incurred by You or on Your behalf in connection with Your use of the Crystal Heels product or service that You have chosen. You are solely responsible for all charges and fees arising out of any use of Your Crystal Heels account by you or anyone else using your account. Crystal Heels reserves the right to modify the fees charged for Crystal Heels products from time to time. Amounts not paid by You to Crystal Heels when due will result in a cancellation of your order.
You acknowledge that if You cancel any order you made to a Crystal Heels service before it shipped out, You will be entitled to a refund. If you cancel an order after it was shipped out, You may not be entitled to a refund of all or part of amounts already paid by You for such Crystal Heels purchase.
CHANGES TO SERVICES, TERMINATION BY CRYSTAL HEELS
Crystal Heels may change any of the Crystal Heels services at any time from time to time without notice, including terminating the offering of any Crystal Heels service altogether.
Crystal Heels may terminate Your order, Your access to Crystal Heels or any of Your Crystal Heels services (in whole or in part) at any time, with or without cause, and with or without notice. You may be barred from accessing any of Your Crystal Heels orders or from using the Crystal Heels Website or from receiving any products, services or benefits from Crystal Heels, if Crystal Heels determines You have violated these Terms of Service, if You have failed to remit any applicable subscription or other fees when due, if any representation or warranty made by You is untrue in any respect or if Crystal Heels receives a court order or other legal action relating to Your account.
LINKS TO THIRD PARTY SITES
Links within the Crystal Heels Website may let You leave the Crystal Heels Website. You acknowledge that the linked sites are not under the control of Crystal Heels and that Crystal Heels is not responsible for the contents or operation of such linked sites or any link contained in such linked site, any changes or updates to such sites, or Web casting or any other form of transmission received from any linked site. Crystal Heels is providing these links to You only as a convenience, and the inclusion of any link does not imply endorsement by Crystal Heels of the linked site or any association with their operators.
LIMITATIONS OF LIABILITY AND DISCLAIMERS
The information, software, products, services and other material included in or available through the Crystal Heels Website may not be complete, and may include inaccuracies or errors, and may also be modified, discontinued or deleted from time to time without notice. Advice, information, products, services or other materials received via the Crystal Heels Website should not be relied upon for personal, medical, legal, business, financial or other decisions and is not intended to replace the advice of appropriate and qualified professionals. You acknowledge that You should consult an appropriate professional for specific advice tailored to Your situation.
Your access to and use of the Crystal Heels System, and products of Crystal Heels, is at Your own risk. Crystal Heels makes no guarantees of any kind regarding the dependability, accuracy, security, timeliness or availability of the Crystal Heels Website, or such products or services. Without limiting the foregoing, NEITHER CRYSTAL HEELS NOR ITS RESPECTIVE SUPPLIERS, NOR ITS SERVICE PROVIDERS MAKE ANY REPRESENTATIONS OR WARRANTIES ABOUT THE CONDITION, SUITABILITY, RELIABILITY, AVAILABILITY, COMPLETENESS, SECURITY, TIMELINESS, OR ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND MATERIALS CONTAINED IN THE CRYSTAL HEELS SYSTEM FOR ANY PURPOSE. BECAUSE OF THE POSSIBILITY OF HUMAN AND/OR MECHANICAL ERROR, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND MATERIALS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. CRYSTAL HEELS INC., ITS RESPECTIVE SUPPLIERS, AND SERVICE PROVIDERS HEREBY DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SER VICES OR MATERIALS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
IN NO EVENT SHALL CRYSTAL HEELS, ITS SUPPLIERS, OR ITS SERVICE PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION:
* DAMAGES FOR LOSS OF USE, DATA, ACCOUNTS, REVENUES OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF CRYSTAL HEELS OR RELATED SERVICES, OR
* WITH THE DELAY OR INABILITY TO USE CRYSTAL HEELS OR RELATED SERVICES;
THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH CRYSTAL HEELS; OR
* OTHERWISE ARISING OUT OF THE USE OF CRYSTAL HEELS, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF CRYSTAL HEELS, ANY OF ITS SUPPLIERS, OR SERVICE PROVIDERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. IF YOU ARE DISSATISFIED WITH ANY PORTION OF CRYSTAL HEELS, OR WITH ANY OF THESE TERMS OF SERVICE OR THE ADDITIONAL TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE CRYSTAL HEELS WEBSITE AND ITS RELATED SERVICES AND PRODUCTS.
Without limiting the foregoing, Crystal Heels is not responsible for any of Your data residing on Crystal Heels, its hardware or systems, including such hardware or systems provided to Crystal Heels by third parties. It is Your sole responsibility to take the necessary steps to ensure Your primary means of business is maintained. Crystal Heels will not be liable for any damage, loss or disclosure of data, accounts, revenue or business arising out of or otherwise related to: (a) Your use of the Crystal Heels Website, its services or products; (b) Your customers' use of Your Web site or Your products hosted by or created through Crystal Heels; (c) use of the Crystal Heels System by any other party to whom You have given access to Your company information for use of the Crystal Heels Website; (d) errors, bugs, viruses, or other defects in the Crystal Heels Website; (e) lost company, customer or vendor information (including, without limitation, billing information, credit card numbers, lost orders, etc.); (f) illegal or criminal activities committed by third parties, including but not limited to reliance on any information obtained on Crystal Heels; or (g) or that result from mistakes, omissions, interruptions, deletion of files or e-mail, loss of or damage to data, errors, defects, viruses, delays in operation, or transmission, or any failure of performance, whether or not limited to acts of God, communications failure, theft, destruction or unauthorized access to Crystal Heels records, programs or services.
Crystal Heels is not liable for any other actions arising from Your use, or the use of other parties to whom You have given access to Your Crystal Heels information, through the use of the Crystal Heels System.
You agree to defend, indemnify and hold Crystal Heels harmless from and against any and all claims, losses, liability costs and expenses (including but not limited to attorneys' fees) arising from Your use of Crystal Heels, including, without limitation, Your violation of these Terms of Service. These obligations will survive any termination of Your relationship with Crystal Heels or Your use of Crystal Heels.
ACCESS RESTRICTION; ACCOUNT SECURITY AND PASSWORDS
You are responsible for safeguarding the confidentiality of Your account information (including password(s) and user name(s) issued to You) and for any use or misuse of Your account or the Crystal Heels Website resulting from any third party using a password or user name issued to You. You agree to notify Crystal Heels immediately of any known or suspected unauthorized access to or use of Your account, Your password, the password of any individual user to whom You have issued a login ID or any other breach of security or misuse of the Crystal Heels System known to or suspected by You. You may change Your password at any time by following instructions on the Crystal Heels Website.
You hereby authorize Crystal Heels to rely on any data, notice, instruction or request furnished by You to Crystal Heels, or that Crystal Heels reasonably believes to have been furnished by You. You are solely responsible for maintaining the confidentiality of Your account information and monitoring usage of Your account. Crystal Heels is not responsible for fraud of participants or of other users of your account.
YOUR CUSTOMER DATA
Crystal Heels will only use your customer data in accordance with the Privacy Statement.
This Agreement shall be governed by, and construed in accordance with, the laws of the State of California applicable to contracts made and to be performed wholly within such State, without reference to principles of conflicts of laws thereof. Each party hereby irrevocably and unconditionally accepts, and agrees to submit to, the exclusive jurisdiction of any state or federal court in the County and State of New York in respect of any dispute arising out of, based upon, or relating to, this Agreement. . THE PARTIES EXPRESSLY AGREE THAT THE UNIFORM COMPUTER INFORMATION TRANSACTIONS ACT OR ANY VERSION THEREOF ADOPTED BY ANY STATE IN ANY FORM ("UCITA") SHALL NOT APPLY TO THIS AGREEMENT, INCLUDING ANY APPLICABLE PRODUCT ADDENDA. TO THE EXTENT THAT UCITA IS APPLICABLE, THE PARTIES AGREE TO OPT OUT OF THE APPLICABILITY OF UCITA PURSUANT TO THE OPT-OUT PROVISION(S) CONTAINED THEREIN.
You agree that no joint venture, partnership, employment, or agency relationship exists between You and Crystal Heels as a result of these Terms or Service or use of Crystal Heels.
If any part of these Terms of Service 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 these Terms of Service shall continue in effect. If moreover, any one or more of the provisions contained in this Agreement shall for any reason be held to be excessively broad as to duration, geographical scope, activity or subject, such provision shall be construed by limiting and reducing it, so as to be enforceable to the extent compatible with the applicable law as it shall then appear. No delay or omission on the part of either party to this Agreement in requiring performance by the other party hereunder, or in exercising any right hereunder, will operate as a waiver of any right or rights hereunder. Any and all representations and warranties, indemnification obligations, confidentiality requirements, intellectual property, applicable law, notice, and termination provisions, jurisdictional consents, and this Section shall survive the termination of the Agreement by either party for any reason.
Unless otherwise specified herein, these Terms of Service, and the Privacy Statement constitute the entire agreement between the user and Crystal Heels with respect to the Crystal Heels Website and they supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Crystal Heels with respect to the Crystal Heels System.
A printed version of these Terms of Service and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Service to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Any rights not expressly granted herein are reserved by Crystal Heels, including all legal and equitable remedies available to Crystal Heels for violation of any of these Terms of Service.
COPYRIGHT AND TRADEMARK NOTICES
All contents of the Crystal Heels System are: Copyright (c) 2011 Crystal Heels
TERMS RELATED TO RESELLER AND AFFILIATE SERVICES
Publishers participating in the Reseller and Affiliate programs are required to adhere to the following policies. If you fail to comply with these policies, we may disable ad serving to your site and/or disable your account. While in many cases we prefer to work with publishers to achieve policy compliance, we reserve the right to disable any account at any time. If your account is disabled, you will not be eligible for further participation in the program.
Please note that we may change our policies at any time, and pursuant to our Terms and Conditions, it is your responsibility to keep up to date with and adhere to the policies posted here.
If you attempt to defraud our system and artificially create sales or use fake credit information, your account will be immediately canceled, all earnings will be withheld and you will be reported to the authorities for prosecution.
Sites showing Crystal Heels ads may not contain pop-ups or pop-under that interfere with site navigation, change user preferences, or initiate downloads. Any Crystal Heels code must be pasted directly into webpages without modification. Crystal Heels participants are not allowed to alter any portion of the code or change the behavior, targeting, or delivery of ads. For instance, clicks on Crystal Heels ads may not result in a new browser window being launched. A site or third party cannot display our ads, search box, search results, or referral buttons as a result of the actions of any software application such as a toolbar. No Crystal Heels code may be integrated into a software application. Webpages containing Crystal Heels code may not be loaded by any software that can trigger pop-ups, redirect users to unwanted websites, modify browser settings, or otherwise interfere with site navigation. It is your responsibility to ensure that no ad network or affiliate uses such methods to direct traffic to pages that contain your Crystal Heels code.
We ship to the US, Canada and International. Our normal shipping method is via UPS standard (ground) delivery, Federal Express standard (ground) deliver or USPS Priority Mail Service. Air service is also available for domestic, international shipments, or rush orders. Air service may be via UPS, FedEx or US Priority Mail. All orders must be shipped to a street address; we cannot ship to a PO Box. Any wrong addresses given to us will result in additional shipping charges as levied by the delivery company.
Items that are in stock will usually ship within 2-3 business days. Items that are not in stock will be added to our next incoming order and will usually ship within 10-15 business days. You will be notified by e-mail of any shipping delay over 15 business days. Many times our handcrafted items will ship to you direct from the artist's studios and can take approximately 2 weeks for shipping. Please note that our website does not automatically indicate whether an item is in stock or not.
Please let us know if an item is needed by a certain date so we can do our best to accommodate you. We are always happy to assist you with a rush order. Please call 855.214.3357 to discuss your needs.
Special orders, personalized orders and custom orders will take longer. We will notify you of the approximate delivery time.
Certain larger items may require additional shipping charges.
Oversize items or orders weighing more than 50 pounds may also require additional shipping charges. You will be notified by e-mail before we process your order.
Any items shipped and either refused by the recipient or returned to us non deliverable are subject to a 25% restocking fee; shipping, handling and insurance costs are nonrefundable.
All charges include shipping, handling and insurance.
Orders shipped outside the United States may be subject to customs fees, GST taxes, import duties or other applicable import charges imposed by the destination country. It is solely the responsibility of the customer / recipient to pay these additional charges. These charges vary by country, as they are levied once the package reaches the destination country. Subsequently, we recommend you check with your local customs office for the exact charges, if any.
Since Crystal Heels has no control over these charges we are not responsible as such. There are no returns, refunds or exchanges of any shipments refused by the recipient as a result of these charges. Once merchandise has arrived to the customs office in the destination country the merchandise is the sole responsibility of the customer / recipient.
We will notify you by e-mail of the exact shipping charges prior to the processing of your order. If we do not hear back from you within 36 hours of our e-mail to you, this constitutes your acceptance of the shipping, handling and insurance charges and your order will be processed as such.
International Orders are shipped by air, via USPS, UPS DHL or FedEx
Important Information Regarding Receipt Of Damaged Merchandise
We take great care in packaging your items. Please review the contents of your box to be sure there is nothing missing or damaged. Any missing or damaged items must be reported to us within 24 hours of receipt. The following procedures must be followed for any damaged items.
1. Call UPS (800-PICK-UPS) to start a claim (or the postal company that shipped the item)
2. Keep all of the packaging materials and boxes.
3. Call us (855-214-3357).
Please note if the above instructions are not followed your claim will not be covered under the shipping company’s insurance policy.