OBJECT AND MISCELLANEOUS
Carmina US Inc. owns and operate this www.carminashoemaker.us . This document governs your relationship with www.carminashoemaker.us . Access to and use of this Website and the products and services available through this Website (collectively, the "Services") are subject to the following terms, conditions and notices (the "Terms of Service"). By using the Services, you are agreeing to all of the Terms of Service, as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms of Service.
Access to this Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of this Website.
This Website may contain links to other websites , which are not operated by www.carminashoemaker.com has no control over the Linked Sites and accepts no responsibility for them or for any loss or damage that may arise from your use of them. Your use of the Linked Sites will be subject to the terms of use and service contained within each such site.
PRIVACY POLICY
Our privacy policy, which sets out how we will use your information, can be found at [https://www.carminashoemaker.com/en/pages/4658]. By using this Website, you consent to the processing described therein and warrant that all data provided by you is accurate.
You must not misuse this Website. You will not: commit or encourage a criminal offense; transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person's proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as "spam"; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website. Breaching this provision would constitute a criminal offense and www.carminashoemaker.us will report any such breach to the relevant law enforcement authorities and disclose your identity to them.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it.
INTELECTUALL PROPERTY
The intellectual property rights in all software and content (including photographic images) made available to you on or through this Website remains the property of www.carminashoemaker.us or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by www.carminashoemaker.us and its licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise.
TERMS OF SALE
By placing an order you are offering to purchase a product on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price.
Dispatch times may vary according to availability and subject to any delays resulting from postal delays or force majeure for which we will not be responsible.
In order to contract with www.carminashoemaker.us you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us. www.carminashoemaker.us retains the right to refuse any request made by you. If your order is accepted we will inform you by email and we will confirm the identity of the party which you have contracted with. This will usually be www.carminashoemaker.us or may in some cases be a third party. Where a contract is made with a third party www.carminashoemaker.us is not acting as either agent or principal and the contract is made between yourself and that third party and will be subject to the terms of sale which they supply you. When placing an order you undertake that all details you provide to us are true and accurate, that you are an authorized user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods. The cost of foreign products and services may fluctuate. All prices advertised are subject to such changes.
When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order: this email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us will not be formed until we send you confirmation by e-mail that the goods which you ordered have been dispatched to you. Only those goods listed in the confirmation e-mail sent at the time of dispatch will be included in the contract formed.
Whilst we try and ensure that all details, descriptions and prices which appear on this Website are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered, we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you, we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund.
Upon receiving your order, we carry out a standard authorization check on your payment card to ensure there are sufficient funds to fulfil the transaction. Your card will be debited upon authorization being received. The monies received upon the debiting of your card shall be treated as a deposit against the value of the goods you wish to purchase. Once the goods have been dispatched and you have been sent a confirmation email the monies paid as a deposit shall be used as consideration for the value of goods you have purchased as listed in the confirmation email.
If an item is not available in stock at the time of purchase, it will be sent into manufacturing (excluding the Outlet section). Clients will be informed of stock availability directly via the product page, at checkout, and via their order confirmation email.
Carmina Shoemaker informs the client that the manufacturing time-frame can vary or be extended should the client request to make modifications to orders in production.
PRODUCT INFORMATION
The descriptions of the products on display at the Website are intended to be as close as possible to the finished product. The information given on each product and the product pictures or videos are, however, provided for guidance only.
The colors of the leather displayed on our 3D custom-tool are for illustrative purposes. Although we make the continuous effort to update our tool in order to depict colors as accurately as possible, we cannot guarantee that your display will depict the color of the product accurately.
We also ask our clients to bear in mind that leather is a natural product and can vary slightly in tone from one hide to the other. Our customer service team is at your complete disposal and will be more than happy to provide you with images of our available leather options for your further reference. Leather samples are also available upon request.
Carmina Shoemaker informs the client that some of the products in the Outlet section may display very minor and superficial aesthetic blemishes, none of which will compromise the integrity/quality of the product. We ask our clients to bear in mind that Outlet items are generally comprised of products from past collections, and benefit from a 30% discount to ensure that they are off our shelves and receiving appropriate care.
DELIVERY LEAD TIMES, LOCATIONS AND LOSS
(a) Product delivery
Carmina Shoemaker agrees to deliver the product in perfect condition at the address designated by the client on the order form. In order to optimize delivery, we would appreciate the client specifying an address at which the order may be delivered during normal working hours.
Carmina Shoemaker shall not be liable for delivery errors when the delivery address entered by the client on the order form is inaccurate or omitted.
We inform our clients that a same order may be divided into several deliveries.
We ask our clients to note that all orders are shipped with ‘signature required’ instructions to ensure that we are able to protect our client’s in the case of a delivery incident.
Should you instruct that the shipment be delivered with ‘no signature required’ Carmina Shoemaker will not be able to take responsibility in the case of theft/loss.
Should your order experience an incident in transit to your address, please urgently communicate this to our customer service team so that we are able to assist you and initiate an investigation if necessary.
(b) Delivery lead time
The lead time set for deliveries shall be between 3 or 7 business days.
Each delivery shall be deemed when the courier company makes the product available to the client. This information is merely for informative purposes.
No late delivery shall be deemed to have occurred when the order is made available to the client by the carrier within the agreed time, and delivery could not be made for reasons attributable to the client.
(c) Failed delivery and loss
If at the time of delivery, the Client is absent, the carrier shall leave a note specifying how to arrange a new delivery. If the order cannot be delivered 3 to 5 working days after being dispatched for delivery, it will be returned to our warehouses and the Client shall have to bear the delivery expenses, even if two or more pairs have been bought.
In addition, the Client shall bear the expenses of returning the goods to their point of departure, and associated handling expenses, if any. These expenses shall be taken from the amount paid upon the goods being purchased. If the reason why delivery cannot be made is because the package has been lost, our carrier shall start an investigation. In these cases, the time for our carriers to reply usually ranges between one and three weeks.
In the case that a shipment is redirected to an OverGoods facility due to the customer’s inability to accept delivery, Carmina Shoemaker shall not bear the costs associated with re-attempting the shipment’s delivery.
Should your order experience an incident in transit to your address, please urgently communicate this to our customer service team so that we are able to assist you and initiate an investigation if necessary.
(d) Care upon delivery
The client shall check that the package is in good condition in front of the carrier delivering the product on behalf of Carmina Shoemaker, specifying on the delivery note anything wrong with the packaging. If, subsequently, after checking the product, the client should detect anything wrong such as that the package is bumped, broken, shows signs of having been opened or has been howsoever damaged by carriage, the client agrees to report to Carmina Shoemaker by e-mail as soon as possible and within not more than 7 working days from delivery.
ORDER CANCELLATIONS
Carmina Shoemaker will accept order cancellations when requested before the orders are dispatched from our warehouse, and if the items are eligible for cancellation.
For cancellations, you must send an email to info@carminashoemaker.com.
Carmina Shoemaker will not accept cancellations of orders which have been modified per the client’s request, unless the modification is yet to be completed, e.g., toe-tap installations, half-rubber sole installations, mirror shine, etc.
Custom-made and MTO orders will not be eligible for a cancellation, unless manufacturing has not yet commenced.
Carmina Shoemaker will not accept cancellations of orders containing exotic leather items once the CITES certificate has been requested. CITES documentation will be requested approximately 2-7 days after the order has been placed, if the requested item is available in stock.
Once the order has been shipped, cancellations will not be accepted for operational reasons. Once the order is in transit, you must accept delivery and proceed with a return. Please contact our customer service team or go to our 'returns' section for more information.
TAXES AND DUTY
All prices are listed with out any applicable tax related to your geographical location, once you you proceed to checkout, you will be able to see all taxes and customs duty (if applicable) added to your grand total before making your final determination as to whether you want to submit your to us, taxes will be applied to orders purchased in the United States according to the applicable state's current sales tax laws.
New York citizen may have to pay the sales tax related to shipping address.
DISCLAIMER OF LIABILLITY
The material displayed on this Website is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law www.carminashoemaker.us and its suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website or the Linked Sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise. This does not affect www.carminashoemaker.us 's liability for death or personal injury arising from its negligence, fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.
LINKING THE WEBSITE
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission without notice.
INDEMNITY
You agree to indemnify, defend and hold harmless www.carminashoemaker.us , its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use this Website or your breach of the Terms of Service.
VARIATION
www.carminashoemaker.us shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the Services and/or any page of this Website.
INVALIDITY
If any part of the Terms of Service is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Service will not be affected all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.
COMPLAINTS
We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments.
WAIVER
If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
ENTIRE AGREEMENT
The above Terms of Service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and www.carminashoemaker.us Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by a Director of www.carminashoemaker.us.