Terms of service

TERMS OF USE

IMPORTANT - PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE ACCESSING OR USING THE PASHION FOOTWEAR INC. WEBSITE. BY ACCESSING OR USING ANY PART OF THE WEBSITE, YOU AGREE TO AND SHALL BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS OF THESE TERMS OF USE, THEN YOU MAY NOT ACCESS THE WEBSITE, PURCHASE ANY PRODUCT FROM THE WEBSITE, OR USE ANY OTHER SERVICES OR APPLICATIONS PASHION FOOTWEAR INC. MAY PROVIDE. IF THESE TERMS OF USE ARE CONSIDERED AN OFFER, ACCEPTANCE IS EXPRESSLY LIMITED TO THESE TERMS OF USE.

NOTE: THESE TERMS CONTAIN A BINDING ARBITRATION PROVISION, CLASS ACTION WAIVER AND TIME LIMIT ON SUBMITTING CLAIMS THAT AFFECT YOUR RIGHTS. PLEASE READ THESE TERMS CAREFULLY.

OVERVIEW

This Website (as defined below) is operated by Pashion Footwear Inc. (“Pashion Footwear”). Throughout the Website, and these Terms of Use (as defined below) the terms “we”, “us” and “our” refer to Pashion Footwear. Pashion Footwear offers this “Website,” which, for the purposes of these Terms of Use, shall include this Website located at www.pashionfootwear.com, and all information, products for purchase, tools and other services that may be available to you from the Website or any other application including mobile applications conditioned upon your acceptance of all terms, conditions, policies and notices stated in these Terms of Use.

By visiting our Website, purchasing something from us, or otherwise using or accessing any other service or application we may provide, you indicate that you have read these Terms of Use, and acknowledge and agree to be entirely bound by the following terms and conditions, including any additional terms and conditions and policies referenced herein and/or available by hyperlink (“Terms of Use” or “Terms”). These Terms of Use apply to all users of the Website, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of Content (defined below). To be clear, by using our Website, you are effectuating these Terms of Use as a binding agreement.

Any new features or tools which are added to the Website shall also be subject to the Terms of Use. You can review the most current version of the Terms of Use at any time on this page. We reserve the right to update, change or replace any part of these Terms of Use by posting updates and/or changes to our Website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you through our Website. You may view Shopify Inc’s Terms of Use here.

ACCESS AND LIMITATIONS

By agreeing to these Terms of Use, you represent that you are at least the age of majority in the state or province of residence in the country that you live, or that you are the age of majority in the state or province of residence in the country that you live and you have given us your consent to allow any of your minor dependents to use this Website.

We only authorize you to use the Website and Content for your own personal, non-commercial use in compliance with all applicable laws (including but not limited to applicable intellectual property and copyright laws). “Content” means any information or materials displayed on the Website or other applications, such as, text, graphics, data, articles, photos, images, illustrations, and so forth. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by us or our licensors, except for the licenses and rights expressly granted in these Terms.

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable license, to (i) access and view any Content solely for your personal and noncommercial purposes and (ii) access and view any Content to which you are permitted access, solely for your personal and noncommercial purposes. You have no right to sublicense the license rights granted in this section. You may not use our Website or products for any illegal or unauthorized purpose nor may you, in the use of our Website or products, violate any applicable laws, including but not limited to intellectual property laws. We reserve the right to refuse Website to anyone for any reason at any time.

PAYMENT AND ELECTRONIC COMMUNICATIONS

We reserve the right to determine pricing for our products or services. We will make reasonable efforts to keep pricing information published on the Website up to date. We encourage you to check our Website periodically for current pricing information. We may change the pricing or fees for any product at any time. We may, in our sole discretion, make promotional offers with different features and different pricing to any of our customers. These promotional offers, unless made to you, will not apply to your offer or these Terms. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy, that is hereby incorporated into these Terms.

Before you pay for products or services you’d like to purchase, you will have an opportunity to review and accept the fees that you will be charged. We will list shipping charges for your order upon checkout, and you must pay all shipping charges for the location of the address you provide. Please note that international packages may be subject to duties and taxes. You must also pay all tariff, import, customs, tax, and other charges applicable in your jurisdiction. The limits for duty-free packages are established by your local customs authorities. Please check with your local customs office for information. Due to restrictions from our financial partners or restrictions by law, there are certain countries that we cannot not ship to.

We will attempt in good faith to deliver your purchases in accordance with your order, but we will not be responsible or liable for any impossibility or delays or failure in such delivery. We expressly reserve the right to effect delivery of any order in any number of separate shipments, and the modes of transport and carriers will be decided at our discretion. Your order will be delivered to the delivery address you specify when placing your order. If your delivery address is geographically remote or otherwise difficult to deliver to, it is possible that we may not be able to deliver there. We will not be responsible or liable for any delay or failure to deliver due to any cause which is unavoidable or beyond our reasonable control. In such cases, we will have the right, at our option, without penalty or any liability for breach, to terminate all or any part of any order or to reschedule delivery within a reasonable time.

You authorize us directly or through our third-party payment processors to charge all sums for the orders that you make, including all applicable taxes and shipping costs, to the payment method specified in your account. If you pay any fees with a credit card, we may seek pre-authorization of your credit card account prior to your purchase to verify that the credit card is valid and has the necessary funds or credit available to cover your purchase. If your order is placed on hold, we will reach out to you to ensure that the delays are minimal. We reserve the right to suspend or terminate access to the Website for any customer for which any amount is due but unpaid. In addition to the amount due for products, a delinquent customer or account will be charged with fees or charges that are incidental to any chargeback or collection of any the unpaid amount, including collection fees.

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. We may exercise these rights on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer.

You agree to provide current, complete and accurate purchase and account information for all purchases made at through our Website. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

By using the Website and/or the services, you consent to receiving electronic communications from Pashion Footwear. These electronic communications may include notices via email and text about applicable products or services and charges related to your purchases or other information concerning or related to the Website. These electronic communications are part of your relationship with Pashion Footwear and you receive them as part of your use of the Website. Standard text or data charges may apply to notices sent via text. Where offered, you may disable text message notifications by responding to any such message with “STOP”, or by following instructions provided in the message.

You agree that any notices, agreements, disclosures or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing. You will have the ability to opt-out of certain marketing or promotional emails that we send.

BILLING AND ACCOUNT INFORMATION

You understand that your personal information (not including credit card information), may be transferred unencrypted and involve (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You may choose to create an account on our Website. If you do, you will have a password for your account. To protect your account, you should choose a password different from names, birthdays or street addresses associated with you. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. To the fullest extent permissible by applicable law, you agree to accept responsibility for all activities that occur under your account or password. We may revoke your right to have an Account at any time at our sole discretion.

Your submission of personal information through the Website is governed by our Privacy Policy.

USER CONTENT

Other than personally identifiable information, which is subject to our Privacy Policy, any material, information, suggestions, ideas, concepts, know-how, techniques, questions, comments, reviews or other communication you transmit or post to this Website in any manner (“User Content”) is and will be considered non-confidential and non-proprietary. By submitting or making available any User Content, you hereby grant to Pashion Footwear a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such User Content on, through, by means of or to promote or market the Website or our products and services. We do not claim any ownership rights in any such User Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such User Content. You understand that we shall be under no obligation (i) to maintain any User Content in confidence; (ii) to pay compensation for any User Content; or (iii) to respond to any User Content.

You acknowledge and agree that you are solely responsible for all User Content that you make available. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all User Content that you make available through the Website, application or services or you have all rights, licenses, consents and releases that are necessary to grant to Pashion Footwear the rights in such User Content, as contemplated under these Terms; (ii) neither the user Content nor your posting, uploading, publication, submission or transmittal of the User Content or our use of the User Content (or any portion thereof) on, through or by means of the Website applications of any of our products or services will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of property, publicity or privacy, or result in the violation of any applicable law or regulation; and (iii) your User Content and your postings will not defame any person, business, location or property.

We take no responsibility and assume no liability for any comments posted to the Website by you or any third-party. We may, but have no obligation to, monitor, edit or remove User Content from the Website that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Use.

PASHION FOOTWEAR INTELLECTUAL PROPERTY RIGHTS

Pashion Footwear owns any and all intellectual property rights relating to the Pashion Footwear brand, products, trade name, trade dress, and other content including: current or pending patents, copyright, trademark, service mark, trade name, trade dress, proprietary logo, insignia, business identifier, and/or other texts, graphics or Content that has or provides the "look and feel" of the Pashion Footwear brand image, as well as all of the Content, including the text, graphics, programming, photographs, video and audio contained herein (the "Intellectual Property"). Your use of the Website does not grant you any rights or licenses relating to the Intellectual Property, including, but not limited to, any copyrights, trademark rights, patent rights, database rights, moral rights, sui generis rights and other intellectual property and proprietary rights therein, except as expressly provided for in the Terms of Use. None of the Intellectual Property may be used, reproduced, published, transmitted, distributed, displayed, performed, exhibited, modified, used to create derivative works, sold, re-sold or used in any sale, or exploited for in any way, in whole or in part, except as provided for herein and unless you obtain our prior written consent. You may not reproduce, modify, display, sell, or distribute the Intellectual Property, or use it in any other way for public or commercial purpose. The foregoing limitations include, but are not limited to, copying or adapting the HTML code used to generate web pages on the Website. Any unauthorized use of any such information or materials may violate patent laws, copyright laws, trademark laws, laws of privacy and publicity, and other laws and regulations and is prohibited. In the event of a violation of these laws and regulations, we reserve the right to seek all remedies available by law and in equity. We reserve the right to block or deny access to the Website to anyone at any time for any reason. All other Content, including product names, names of services, trademarks, service marks and other intellectual property is the property of their respective owners, as indicated, and may only be used as permitted.

COPYRIGHT AND TRADEMARK INFRINGEMENT

Only the intellectual property rights owner or the owner's authorized agent is permitted to report potentially infringing materials. If you are not the intellectual property rights owner or the owner's authorized agent, you should contact the intellectual property rights owner and they can choose whether to use the procedures set forth below.

Notification: Pashion Footwear respects the intellectual property rights of others, and we require you to do the same when interfacing with the Website.

Pashion Footwear may, in appropriate circumstances and at our discretion, terminate access to the Website for users who infringe the intellectual property rights of others. Pashion Footwear has a policy to address repeat infringers and may terminate the account and the access rights to the Website of any repeat infringer. If you believe that your work is the subject of copyright infringement and/or trademark infringement and appears on the Website, please provide Pashion Footwear's designated agent the following information:

ï A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

ï Identification of the copyrighted and/or trademarked work claimed to have been infringed, or, if multiple works at a single online site are covered by a single notification, a full list of such works at that website.

ï Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled on the Website, and information reasonably sufficient to permit Pashion Footwear to locate the material.

ï Information sufficient to permit Pashion Footwear to contact you as the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.

ï A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright and/or trademark owner, its agent, or the law.

ï A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

ï Pashion Footwear's agent for notice of claims of copyright or trademark infringement on this Website can be reached as follows:

By mail
Pashion Footwear Inc.
Attn: DMCA Administrator
[Address]

By e-mail
[Email Address]

Please also note that for copyright infringements under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.

COUNTER-NOTIFICATION

If you are a user who posted allegedly infringing material and who received notification to that effect from Pashion Footwear, you may elect to send us a counter notice. To be effective, such counter notice must be a written communication provided to our designated agent that includes substantially the following (please consult your legal counsel or see Section 512(g)(3) of the Copyright Act to confirm these requirements):

ï Your physical or electronic signature.

ï Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.

ï A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.

ï Your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if your address is outside of the United States, for any judicial district in which Pashion Footwear may be found, and that you will accept service of process from the person who provided notification of a complaint of allegedly infringing materials or an agent of such person.

Such written notice should be sent to our designated agent as follows:

By mail

Pashion Footwear Inc.
Attn: DMCA Administrator
[Address]

By e-mail
[Email Address]

MONITORING AND ENFORCEMENT; TERMINATION

We have the right to:

Remove or refuse to post any User Content for any or no reason in our sole discretion.
Take any action with respect to any User Content that we deem necessary or appropriate in our sole discretion, including if we believe that such User Content violates the Terms, including the Content Standards (as defined below), infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public, or could create liability for Pashion Footwear.
Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
Terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms.

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS Pashion Footwear AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

However, we do not undertake to review all material or User Content before they are posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any User Content or any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

CONTENT STANDARDS

These content standards apply to any and all User Content. User Content must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Content must not:

• Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.

• Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.

• Infringe any patent, trademark, trade secret, copyright, proprietary or other intellectual property or other rights of any other person.

• Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms and the Privacy Policy.

• Be likely to deceive any person.

• Promote any illegal activity, or advocate, promote, or assist any unlawful act.

• Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.

• Impersonate any person, or misrepresent your identity or affiliation with any person or organization.

• Involve promotions for other companies or products, commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.

• Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

ACCURACY AND COMPLETENESS OF INFORMATION; MODIFICATIONS TO THE SERVICE AND PRICES

We have made every effort to display as accurately as possible the colors, specifications, descriptions and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color or image will be accurate. We do not warrant that the quality of any products purchased or obtained by you will meet your expectations, or that any errors will be corrected.

Although we do our best to maintain accurate and updated information, we cannot guarantee that it is always accurate and up to date. Any reliance on the material on this Website is at your own risk. This Website may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this Website at any time, but we have no obligation to update any information on our Website. You agree that it is your responsibility to monitor changes to our Website.

Occasionally there may be information on our Website that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Website or any related applications or services is inaccurate at any time without prior notice (including after you have submitted your order). If you do not wish to continue your purchase after pricing or other information has been corrected, please contact us right away.We undertake no obligation to update, amend or clarify information on the Website or any related applications or services, including without limitation, pricing information, except as required by law. No specified update or refresh date applied to the Website or any related applications or services should be taken to indicate that all information on the Website or any related applications or services has been modified or updated.

Merchandise availability on our Website is not guaranteed as it may be low in stock. If merchandise is not available by the time your order processes, we will notify you of this via email.

Prices for our products are also subject to change without notice. All descriptions of products or product pricing are subject to change at any time, with or without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this Website is void where prohibited. We reserve the right at any time to modify or discontinue the Website or any related applications or services (or any part or Content thereof) without notice at any time. We shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of any product, the Website or any related applications or services.

We reserve the right to refuse or cancel any order you place on the Website, including for pricing errors.

OPTIONAL TOOLS AND THIRD-PARTY LINKS

We may provide you with access to third-party tools, which may include, but shall not be limited to, payment processing tools, over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement.

We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use of optional tools offered through the Website is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

Additionally, certain Content, products and services available via our Website may include materials from third parties. Third-party links on this Website may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, Content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.

This Website may provide certain social media features that enable you to:

• Link from your own or certain third-party websites to certain content on this Website.

• Send emails or other communications with certain content, or links to certain content, on this Website.

• Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.

You may use these features solely as they are provided by us, solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:

• Establish a link from any website that is not owned by you.

• Cause the Website or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.

• Link to any part of the Website other than the homepage.

• Otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms.

The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.

We may disable all or any social media features and any links at any time without notice in our discretion.

USER CONDUCT AND PROHIBITED USES

In addition to other prohibitions as set forth in these Terms of Use, you are prohibited from using the Website or its Content: (i) for any unlawful purpose; (ii) to solicit others to perform or participate in any unlawful acts; (iii) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (iv) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (v) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (vi) to submit false or misleading information; (vii) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Website, or any related applications or services, other websites, or the Internet; (viii) to collect or track the personal information of others; (viv) to spam, phish, pharm, pretext, spider, crawl, or scrape; (x) for any obscene or immoral purpose; or (xi) to interfere with or circumvent the security features of the Website or any related applications or services, other websites, or the Internet. We reserve the right to terminate your use of the Website or any related applications or services for violating any of the prohibited uses.

DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our Website will be uninterrupted, timely, secure or error-free. We do not warrant that any products purchased will meet your expectations. You agree that from time to time we may remove the Website for indefinite periods of time or cancel the Website at any time, without notice to you. You expressly agree that your use of, or inability to use, the Website is at your sole risk.

The Website and all products purchased and services delivered to you through the Website are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE ASSUME NO RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES TO, OR ANY VIRUSES THAT MAY INFECT, YOUR COMPUTER, TELECOMMUNICATION EQUIPMENT, OR OTHER PROPERTY CAUSED BY OR ARISING FROM YOUR ACCESS TO, USE OF, OR BROWSING THE WEBSITE, OR YOUR DOWNLOADING OF ANY INFORMATION OR MATERIALS FROM THE WEBSITE, OR PURCHASING ANY PRODUCTS FROM THE WEBSITE. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, AND IN NO CASE WHATSOEVER, SHALL PASHION FOOTWEAR, OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, INTERNS, SUPPLIERS, SERVICE PROVIDERS OR LICENSORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, OR ANY OTHER PROPERTY OR OTHER DAMAGE RELATED TO THE PURCHASE, DELIVERY OR USE OF ANY OF OUR PRODUCTS, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICE OR ANY PRODUCTS PROCURED USING THE SERVICE, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICE OR ANY PRODUCT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICE OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, EVEN IF ADVISED OF THEIR POSSIBILITY. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, IN THE EVENT OF ANY PROBLEM WITH THIS WEBSITE, CONTENT, OR ANY PRODUCTS OR SERVICES PURCHASED THROUGH THE WEBSITE, YOU AGREE TO CEASE USING THE WEBSITE IMMEDIATELY. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, IN THE EVENT THAT YOU ARE DISSATISFIED WITH THE PRODUCTS OR SERVICES THAT YOU HAVE PURCHASED ON OR THROUGH THIS WEBSITE, YOU ACKNOWLEDGE THAT PASHION FOOTWEAR HAS MADE NO REPRESENTATIONS AND ISSUED NO WARRANTIES WITH RESPECT TO SUCH PRODUCTS OR SERVICES, AND THAT YOUR IF ANY OF THE FOREGOING LIMITATIONS IN THESE TERMS OF USE ARE HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, YOU AGREE THAT PASHION FOOTWEAR’S TOTAL LIABILITY TO YOU FOR DAMAGES OF ANY KIND REGARDING THE USE OF THE WEBSITE OR PURCHASE OF ANY PRODUCTS OR SERVICE (REGARDLESS OF THE BASIS FOR THE ACTION) SHALL NOT EXCEED IN THE AGGREGATE THE COST OF THE ITEM(S) PURCHASED PLUS SHIPPING AND SALES TAX, AS APPLICABLE OR A MAXIMUM OF $100.

INDEMNIFICATION

To the fullest extent permissible by applicable law, you agree to indemnify, defend and hold harmless Pashion Footwear and any of our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of: (i) your use of and access of the Website; (ii) your purchase and use of any products or services, (iii) your violation of any term of these Terms; (iv) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (v) any claim that your use of the Website caused damage to a third party.

UNSOLICITED IDEA SUBMISSION POLICY

Pashion Footwear, its employees and its agents do not accept, review or consider any unsolicited ideas, works, materials, proposals, suggestions, artwork, content, designs, floorplans, product designs or the like, including for home construction, architectural plans, advertising campaigns, promotions, products, services, technologies, product enhancements, processes, marketing strategies, product names, content or creative materials (collectively, all of the foregoing "Submissions"). Please do not send or provide any Submissions in any form without limitation to Pashion Footwear or any of its employees or affiliates online, via mail, courier, email, phone, social media platforms or any other electronic communication, in person, to our registered agent, or at any of our offices, sales offices, design studios, construction sites, other company properties, industry events, trade shows, or any other means of communication or locations for Pashion Footwear and its employees, affiliates or its agents.

The purpose of this policy is to avoid all potential misunderstandings or disputes when Pashion Footwear products, product designs, services, technologies, advertising, promotions, marketing strategies or content might seem similar to Submissions provided to Pashion Footwear. If, despite our request that you not send Pashion Footwear your Submissions, you still submit them, then regardless of what you or your correspondence states, the following terms will apply to your Submissions.

Terms of Idea Submission. You agree that: (1) you hereby grant Pashion Footwear and its affiliates an exclusive, royalty-free, irrevocable, fully paid-up, transferrable, sublicensable, worldwide, perpetual license to your Submissions and their contents, without any compensation and/or reference to you; (2) Pashion Footwear will be free to use, copy, display, perform, redistribute, create derivative works or disclose the Submissions and their contents for any purpose and in any way on an unrestricted basis without any compensation and/or reference to you; (3) there is no obligation for Pashion Footwear to review the Submissions; (4) there is no obligation to keep any Submissions confidential; (5) your Submissions will expressly be deemed to be non-confidential and not proprietary; and (6) Pashion Footwear has no obligation to you, including, but not limited to responding, reviewing, acknowledging, replying, or returning any materials arising out of or related to the Submissions.

Last updated: Jan. 7, 2025
The Pashion Footwear mobile message service (the "Service") is operated by Pashion Footwear (“Pashion Footwear”, “we”, or “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.

By consenting to Pashion Footwear’s SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of Pashion Footwear through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders).

You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with Pashion Footwear. Your participation in this program is completely voluntary.
We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.
You may opt-out of the Service at any time. Text the single keyword command STOP to 82602 or click the unsubscribe link (where available) in any text message to cancel. You'll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other Pashion Footwear mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms.

For Service support or assistance, text HELP to 82602 or email info@pashionfootwear.com.

We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.
The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.

To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.

We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Notice.

We will not share your opt-in to an SMS campaign with any third party for purposes unrelated to providing you with the services of that campaign. We may share your Personal Data, including your SMS opt-in or consent status, with third parties that help us provide our messaging services, including but not limited to platform providers, phone companies, and any other vendors who assist us in the delivery of text messages.

The website uses cookies to help keep track of items you put into your shopping cart including when you have abandoned your cart and this information is used to determine when to send cart reminder messages via SMS.

PROMOTIONS

T&Cs Offer. Orders must be placed with code STILETTO30 to receive 30% off a purchase of any Stiletto Heel Kits or pre-bundled Pashion pairings including a Stiletto Heel Kit. Offer cannot be combined with any other offer, including reward redemptions. Offer not eligible for Flare Stiletto Heel Kits, personalization items, items not in stock at the time of purchase, pending purchases, gift cards, or purchases made outside of the offer timeline. No refunds or exchanges on items marked FINAL SALE. For more on refunds & exchanges, please see our FAQs for details. We reserve the right to cancel any order due to unauthorized, altered, or ineligible use of offer, and to modify or cancel this offer due to unforeseen problems. Offer is subject to change without notice. Other restrictions may apply.

T&C and exclusions apply. Discount code must be applied at checkout to be valid. Offer cannot be combined with any other offer, including reward redemptions. Offer not eligible for items on pre-order, select new arrivals, gift cards, items not in stock at the time of purchase, pending purchases, or purchases made outside of the offer timeline. No refunds or exchanges on items marked FINAL SALE. For more on refunds & exchanges, please see our FAQs for details. We reserve the right to cancel any order due to unauthorized, altered, or ineligible use of offer, and to modify or cancel this offer due to unforeseen problems. Offer is subject to change without notice. Other restrictions may apply.

CHANGES OR REVISIONS TO TERMS OF USE

We may update or revise these Terms at any time and from time to time by updating this posting. You should visit this page from time to time to review the then current Website Terms of Use because they are binding on you to the fullest extent permissible by applicable law. Certain provisions of these Terms of Use may be superseded by legal notices or terms located on particular pages of this Website. Your continued use of the Website after any changes to these Terms of Use are posted will be considered acceptance of those changes. We may also, in the future, offer new services and/or features through the Website (including, the release of new products, tools and resources). Such new features and/or services shall also be subject to these Terms of Use.

DISPUTE RESOLUTION; BINDING ARBITRATION

YOU UNDERSTAND AND AGREE THAT ALL CLAIMS, DISAGREEMENTS, DISPUTES OR CONTROVERSIES BETWEEN YOU AND PASHION FOOTWEAR, AND ITS OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AGENTS, PARENTS, AFFILIATES, SUBSIDIARIES AND/OR RELATED COMPANIES ARISING OUT OF OR RELATING TO THE WEBSITE, TO THE USE OR ACCESS THEREOF, TO THE ADVERTISING AND OTHER CONTENT ON THE WEBSITE, TO THE PRODUCTS, SERVICES, MATERIALS, PROGRAMS OR OTHER FEATURES OFFERED, ADVERTISED, MARKETED AND/OR SOLD ON OR THROUGH THE WEBSITE, AND/OR TO THESE TERMS OF USE SHALL BE RESOLVED BY FINAL AND BINDING ARBITRATION, WHICH MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION ARISES. BECAUSE THE WEBSITE CONCERN INTERSTATE COMMERCE, THE FEDERAL ARBITRATION ACT GOVERNS THE ARBITRABILITY OF ALL DISPUTES. HOWEVER, APPLICABLE CALIFORNIA STATE OR U.S. FEDERAL LAW MAY ALSO APPLY TO THE SUBSTANCE OF ANY DISPUTES. THE ARBITRATION SHALL TAKE PLACE IN LOS ANGELES, CALIFORNIA. THE ARBITRATION SHALL BE ADMINISTERED BY AAA IN ACCORDANCE WITH TITLE 9 OF THE U.S. CODE (UNITED STATES ARBITRATION ACT) UNDER THE AAA’S COMMERCIAL DISPUTE RESOLUTION PROCEDURES AS SUPPLEMENTED BY THE SUPPLEMENTARY PROCEDURES FOR CONSUMER-RELATED DISPUTES (AND AS STATED THEREIN, IF THERE IS A DIFFERENCE BETWEEN THE COMMERCIAL DISPUTE RESOLUTION PROCEDURES AND THE SUPPLEMENTARY PROCEDURES, THE SUPPLEMENTARY PROCEDURES WILL BE USED). YOU AND WE VOLUNTARILY AND KNOWINGLY WAIVE ANY RIGHT YOU OR WE HAVE TO A JURY TRIAL.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND WE AGREE THAT ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION YOU OR WE MAY HAVE IN CONNECTION WITH OR RELATED TO WEBSITE, TO THE USE THEREOF OR ACCESS THERE TO, TO THE ADVERTISING AND OTHER CONTENT ON THE WEBSITE, TO THE PRODUCTS, SERVICES, MATERIALS, PROGRAMS OR OTHER FEATURES OFFERED, ADVERTISED, MARKETED AND/OR SOLD ON OR THROUGH THE WEBSITE, AND/OR TO THESE TERMS OF USE WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION. NEITHER YOU NOR WE SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS IN ARBITRATION BY OR AGAINST OTHER USERS/CONSUMERS OR ARBITRATE, AS A REPRESENTATIVE OR MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY, ANY CLAIM, DISPUTE OR CAUSE OF ACTION IN CONNECTION WITH OR RELATED TO THE WEBSITE, TO THE USE THEREOF OR ACCESS THERETO, TO THE ADVERTISING AND OTHER CONTENT ON THE WEBSITE, TO THE PRODUCTS, SERVICES, MATERIALS, PROGRAMS OR OTHER FEATURES OFFERED, ADVERTISED, MARKETED AND/OR SOLD ON OR THROUGH THE WEBSITE, AND/OR TO THESE TERMS OF USE.

SEVERABILITY

In the event that any provision of these Terms of Use is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Use, such determination shall not affect the validity and enforceability of any other remaining provisions.

TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Use are effective unless and until terminated by either you or us. You may terminate these Terms of Use at any time by ceasing to use our Website.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Use, we also may terminate this agreement at any time without notice and you will remain liable for all fees for products ordered, subject to all applicable Pashion Footwear policies and/or accordingly may deny you access to our Website (or any part thereof). We reserve the right to terminate your account and your access to this Website (and these Terms) at any time for any reason or for no reason.

ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision.

These Terms of Use, including any and all additional policies referenced herein, and any additional policies or operating rules posted by us on the Website, or in respect to the products or any other related applications or services, constitutes the entire Terms of Use agreement and understanding between you and us and govern your use of the Website or any related applications or services, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Use).

GOVERNING LAW

These Terms of Use and any separate agreements whereby we provide you products or services shall be governed by and construed in accordance with the laws of the State of California.

Your Privacy

At Pashion Footwear we respect the privacy of our users. For details, please see our [LINK-Privacy Policy]. By using the Website, you consent to our collection and use of personal data as outlined therein.

Notice for California Users

If you are a California resident, you may have these Terms mailed to you electronically by sending a letter to _________________ with your email address and a request for the Terms and any linked terms. In addition, under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Service(s) of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at 1-800-952-5210 in order to resolve a complaint regarding the Website or to receive further information regarding use of the Website.

CONTACT INFORMATION

Pashion Footwear Customer Service Center: 1880 Santa Barbara Ave., Suite 160, San Luis Obispo, CA 93401.

Questions about the Terms of Use should be sent to us at info@pashionfootwear.com.