1.1. These Terms & Conditions (“Terms”) govern the purchase of products (“Products”) offered on the e-commerce site www.us.p448shoes.com (“Site”).
1.2. The parties to any transactions on the Site shall be STREETTREND LLC (“Seller”)and, as buyer, the user of the Sitewho purchases one or more Products for personal use (“Consumer”) (collectively, the “Parties”).
1.3. Any communication from the Consumer concerning the purchase of the Products – including any reports, complaints, requests concerning the purchase and/or delivery of the Products, etc. – must be sent to the Seller at the addresses and in the manner indicated on the Site.
1.4.The Site is dedicated to retail sale and as such is intended for the exclusive use of Consumers. Persons who are not Consumers arenot authorized to make purchases on the Site. Notwithstanding the foregoing, these Termswill apply to unauthorized purchasesexcept as follows: (i) the purchaser will not be granted the right to returnreferred to in article 4; (ii) the purchaser shall not benefit from any express or implied warranties; and (iii) the purchaser shall not benefit from any consumer protection laws that would not otherwise be extended to resellers.
1.5. By conducting a transaction on the Site, Consumer is agreeing to be bound by these Terms.
1.6. Consumers under the age of 18 may use the Site only with involvement of a parent or guardian. Seller reserves the right to refuse service, terminate accounts, terminate rights to use the Site, remove or edit content, or cancel orders in its sole discretion.
- PRODUCT CHARACTERISTICS AND APPLICABLE SALES CONDITIONS
2.1. The Products are sold with the characteristics described on the Site and according to the Terms published on the Site at the time of the transaction, with the exclusion of any other condition or term. Seller does not warrant that Product descriptions or other content of this Site is 100% accurate, complete, reliable, current, or error-free. If a Product offered by Seller itself is not as described, Consumer’s sole remedy is to return it in unused condition pursuant to article 4.
2.2. The Seller reserves the right to modify these Terms at any time, at its discretion, without the need to provide any notice to users of the Site. Any changes made to the Terms shall not be made retroactive.
2.3. Prices, Products for sale on the Site and/or their characteristics are subject to change without notice. Before concluding the transaction, in accordance with article 3, the Consumer is urged to check the final sale price.
2.4. Although the Site can be accessed from all over the world, Products available on the Site may only be purchased by Consumers with a billing and shipping address in the United States.
- CONCLUSION OF THE PRODUCT PURCHASE AGREEMENT
3.1. The Consumer, by completing a purchase on the Site, is agreeing to these Terms fully and without reservation. Consumers are urged to carefully read and archive the present Terms before completing any transaction on the Site.
3.2. Upon completion of a purchase by Consumer on the Site, Consumer should receive written confirmation via e-mail directed to the e-mail address provided by Consumer. Consumers who fail to receive written confirmation or have questions regarding their order should contact Seller at firstname.lastname@example.org.
- RETURN POLICY
4.1. The Consumer is granted limited rights to return purchased Products in accordance with these Terms, provided such return is initiated within 30 (thirty) calendar days after Consumer has received delivery of the Products.
4.2. If the Consumer initiates the return and such return is approved by Seller, the Seller shall provide the Consumer with a return authorization code. Upon receipt of the return authorization code, Consumer will have 14 (fourteen) calendar days to initiate shipment of the Product(s), using a trackable shipping method. Consumer must comply with all reasonable instructions provided by Seller in relation to a return.
4.3. The risks and costs of transport relating to the return of the Product(s) to the Seller will be borne by the Consumer.
4.4. Except in the case of defective merchandise, the Product(s) must be delivered to the Seller, intact: it must not have been used, worn, washed or damaged; the identification tag must still be attached to the Product(s) where present; and Product(s) must be returned in its original packaging. The Product(s) and its original branded packaging must be packaged in a larger delivery-box in order to preserve their integrity and make them suitable for resale.
4.5. The Seller will accept the returned Product(s), reserving the right to verify that it has been returned in the conditions described in the previous paragraph.
4.6. If a return has been validly conducted by the Consumer, compliant with these Terms and any reasonable Seller-provided instructions, the Seller will reimburse to the Consumer all payments made by Consumer. Seller may withhold reimbursement until it has received the Product(s). Notwithstanding the foregoing, Consumer will be responsible for the costs of returning the Product(s) to the Seller, including shipping.
4.7. The reimbursement referred to in the preceding paragraph will be made, where possible, by the same means of payment used by the Consumer at the time of purchase of the Product(s). If the payment was made by credit card, the aforementioned reimbursement will be executed in the terms indicated directly through the crediting of the sum due on the credit card used by the Consumer for payment. If payment was made by PayPal®, the same PayPal® account will be credited for the amount of the reimbursement.
- INTELLECTUAL PROPERTY RIGHTS
5.1. The copyright and other intellectual property rights (such as, design rights, trademarks, patents, domains, etc.) in any material provided on the Site is the property of NO-THANKS SRL, VIA PALATUCCI 7 (internal 4), 47122 FORLI ‘(FC), ITALY (“Owner”).
5.2. The contents of the Site may not be reproduced, either in whole or in part, transferred by electronic or conventional means, modified, or used for any purpose without the prior written consent of the Owner and/or Seller.
TO THE FULLEST EXTENT PERMITTED UNDER LAW, THIS SITE AND THE MATERIALS AND PRODUCTS ON THIS SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED UNDER LAW, SELLER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SELLER DOES NOT REPRESENT OR WARRANT THAT THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE OR ANY EMAIL SENT TO YOU ARE FREE OF VIRUSES OR ANYTHING ELSE HARMFUL. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. SELLER DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS ON THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, RELIABILITY OR OTHERWISE. SELLER RESERVES THE RIGHT TO CORRECT ANY ERRORS, INACCURACIES OR OMISSIONS AND TO CHANGE OR UPDATE INFORMATION AT ANY TIME WITHOUT PRIOR NOTICE (INCLUDING AFTER YOU HAVE SUBMITTED YOUR ORDER). WE APOLOGIZE FOR ANY INCONVENIENCE THIS MAY CAUSE YOU. SOME STATES DO NOT PERMIT LIMITATIONS OR EXCLUSIONS ON WARRANTIES, SO SOME OR ALL OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
- LIMITATION OF LIABILITY
IN NO EVENT SHALL SELLER OR ANY OF ITS AFFILIATED ENTITIES OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES THAT RESULT FROM (A) THE USE OF, OR INABILITY TO USE, THE SITE; (B) THE PERFORMANCE OF THE SERVICES, PRODUCTS AND MATERIALS AVAILABLE FROM THE SITE; OR (C) THE CONDUCT OF OTHER USERS OF THE SITE, EVEN IF SELLER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE. YOUR ONLY REMEDY AGAINST SELLER FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE. THAT SAID, IF SELLER IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH IS IN ANY WAY CONNECTED WITH YOUR USE OF THE SITE OR ANY CONTENT, SELLER’S LIABILITY SHALL NOT EXCEED US$50.00. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF SOME TYPES OF DAMAGES, SO SOME OR ALL OF THE ABOVE MAY NOT APPLY TO YOU.
- DISPUTE RESOLUTION
8.1. Any dispute or claim relating in any way to your use of the Site, or to any products or services sold or distributed by Seller or through the Site, will be resolved by binding arbitration, rather than in court, except that Consumer may assert claims in small claims court if such claims qualify. The Federal Arbitration Act and federal arbitration law apply to these Terms.
8.2. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow these Terms as a court would.
8.3. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim toour registered agent, as follows: Streettrend LLC, ℅Corporation Services Company, 2711 Centerville Road, Suite 400, Wilmington, Delaware 19808. The venue for all claims, arbitration or otherwise, shall be in New York County, New York.
8.4. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at www.adr.org. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. Seller will reimburse those fees for claims totaling less than $500, unless the arbitrator determines the claims are frivolous. Likewise, Seller will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous. Consumer may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where Consumer lives or at another mutually agreed location.
8.5. The Parties agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration, each Party waives any right to a jury trial. The Parties also agree that alleged infringement or other misuse of intellectual property rights shall not be governed or otherwise limited by this article 8.
9.1. This Site may contain links to outside services and resources. Consumers acknowledge that (i) Seller is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites; and (ii) Seller is not responsible for any other form of transmission received from any linked site. Seller is providing these links to Consumers only as a convenience, and the inclusion of any link does not imply endorsement by Seller of the site. Any concerns regarding any such link should be directed to the particular third party website.
9.2. Each purchase is governed by the version of the Terms in effect at the time of the transaction. These Terms are governed by The Federal Arbitration Act, federal arbitration law, and, only to the extent the former do not apply, New York law. The venue for all claims, arbitration or otherwise, shall be in New York County, New York.
9.3. The Consumer is responsible for maintaining the confidentiality of his/her account and password and for restricting access to his/her account, and agrees to accept responsibility for all activities that occur under his or her account or password.
9.4. The failure of Seller to insist upon or enforce strict performance of any provision of these Terms shall not be construed as a waiver of any provision or right.
9.5. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms.
9.6. Seller may provide notice to Consumer relating to the Site and/or these Terms by sending an e-mail to Consumer’s last known e-mail address, and any such notice shall be deemed given and received on the day it is sent.
9.7. Consumer may not use the Site or export any of its content in violation of United States export laws and regulations. If Consumer accesses the Site from a location outside the United States, Consumer is responsible for compliance with all local laws. Consumer agrees to defend, indemnify and hold harmless Seller, its officers, directors, employees, agents, licensors and suppliers from and against any and all claims, charges, complaints, damages, losses, liabilities, costs and expenses (including attorneys’ fees), arising from or relating in any way to Consumer’s use of the Site and/or violation of these Terms.
- OUR ADDRESS
1909 Harrison Street, Suite 109
Hollywood, FL 33020
11. LEGAL STATEMENT
Copyright 2018 StreetTrend LLC. All Rights Reserved.
SneakerGPS and PS821 are trademarks of StreetTrend LLC and/or its affiliates. P448® is a registered trademark of No-Thanks SRL.
All of the materials, including images, illustrations, designs, icons, photographs, video clips and writer and other materials that appear as part of this site (collectively, the “Contents”) on this website is subject to copyright, trademark, service mark, trade dress and other intellectual property rights or licenses held by StreetTrend LLC and/or its affiliates. Your use of the trademarks, service marks, trade dress and copyrighted material displayed on this website is strictly prohibited.
You may not copy, download, reproduce, modify, publish, distribute, transmit, distribute display, transfer, create derivative works from, sell or participate in the any sale of, or exploit in any way, in whole or in part, any of the Contents, the site, or any related software.
Last Revised: May 6, 2018