TERMS OF USE

EFFECTIVE DATE:  11/08/18

Stiletto Charm, LLC (“we”, “our”, or “us”) operates the website located at www.stilettocharm.com (the “Site”) and hereby governs your use of the Site, the services offered through the site, and any orders that you place (collectively, the “Services”) by this Terms of Use and any other rules posted on the Site.  Please read the following Terms of Use before accessing and using the Services, as doing so constitutes your agreement that access to and use of the Services are subject to these terms and conditions and other applicable law.  If you do not agree to this Terms of Use, then please do not use the Services.

Please read this Terms of Use carefully.  By accessing or using the Site, creating an account, placing an order for shoes offered by Stiletto Charm, LLC (“Products”), purchasing Products, using the Services, or otherwise indicating your assent to this Terms of Use, you agree to be bound by this Terms of Use and hereby represent and warrant that a) you have read, understand, and agree to be bound by this Terms of Use and any future amendments and additions to this Terms of Use as published from time to time, b) you are of legal age in the jurisdiction in which you reside to form a binding contract with us, and c) you have the authority to enter into the Terms of Use.  If you do not agree to be bound by this Terms of Use, you may not access or use the Services or order or purchase any Products.

THIS TERMS OF USE INCLUDES A CLASS ACTION WAIVER AND REQUIRES BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS.  DETAILS ARE SET FORTH BELOW IN THE “DISPUTE RESOLUTION AND ARBITRATION” SECTION OF THIS TERMS OF USE.

PRIVACY

We believe in upholding the utmost care and protection of private information of members and visitors to the Site.  Our Privacy Policy describes how we collect, store, use, and share information from you when you visit the Site, as well as how we protect your privacy when you are using the Services.

COPYRIGHT

All content included on the Site, such as but not limited to text, graphics, images, code, designs, and related intellectual property rights mentioned or displayed on the Site, is the property of Stiletto Charm, LLC and/or our business partners and protected by United States copyright and other intellectual property laws.  Any unauthorized use, such as but not limited to the reproduction, distribution, display, or transmission, of the content of the Site is strictly prohibited and may result in civil and criminal penalties.  You further agree to not change or delete any proprietary notices from materials downloaded from the Site.  Prior written and expressed authorization must be granted by Stiletto Charm, LLC before using any content from the Site.  You may request this permission by contacting us as described below in the “QUESTIONS?” section of this Terms of Use.

LINKS TO THIRD-PARTIES

The Site may contain links to third-party websites.  Please be informed that if you visit any of these third-party sites by clicking through a hyperlink, the terms and conditions and privacy policies of those respective sites become effective for their own content and any information you may share on them.  We are not responsible for your activity or any content or privacy policies on third-party sites to which we provide links, and thus we encourage you to read the terms of use and privacy policy of any such site you visit.  Stiletto Charm, LLC is diligent to protect the integrity of the Site and any links on it, and thus we encourage any feedback about the Site or the links placed upon it, such as broken links.

TRY AT HOME SERVICE

Stiletto Charm, LLC offers a Try at Home service that allows eligible users of the Site and the Services offered through the site to choose up to two pairs of shoes to try-on at home for a period of three days for a concierge service fee (the “Try at Home Fee”).  You can try-on the shoes and decide what you like.  You can keep one pair of shoes, both pairs of shoes, or none of the Products in the shipment, and we will only charge you for the shoes you decide to keep.  By keeping any Product(s), you authorize us to charge you as described in the “TRY AT HOME FEE AND PAYMENT” section below.

TRY AT HOME FEE AND PAYMENT

If you place an order for our Try at Home service, you authorize us to charge you a non-refundable Try at Home Fee in the amount set forth on the Services and in accordance with this Terms of Use.  The Try at Home Fee will be charged to your credit card or other payment method at any time after the three day try-on period ends.  Within three days of receiving your Try at Home order, we request you return any Products you do not want to keep.  If you decide to keep any Products from your shipment, you will be charged the purchase price (minus any special discounts and plus any applicable taxes) of those Products.  You are responsible for a) the Try at Home Fee for any order for our Try at Home service that is not canceled with the required notice and b) the full retail price of any Products that are not returned in accordance with our policies.  This Terms of Use will govern the Try at Home service.

By submitting your payment information to us, you authorize us to charge your credit card or other payment method then available in accordance with this policy, including for Products that are returned late or damaged.  You may cancel a Try at Home order by accessing your account and canceling the order at any time before the order ships.  You represent that you will not use any credit card or other form of payment unless you have all necessary authorization to do so.  We will not be liable in the event your children or others acting with or without your permission use your credit card, PayPal account, or other means of payment to make orders on the Services.  However, you may report any unauthorized use to us, and we will use reasonable measure within our control to help prevent future unauthorized use of your credit card or other payment method.

TRY AT HOME SHIPMENTS, RETURNS, AND EXCHANGES

Shipments.  There is no cost for shipping or returns under the Try at Home service.  We may refuse to ship to any address for any reason including because it is outside the geographic area we serve (currently only the contiguous U.S., excluding Alaska, Hawaii, and all offshore areas) or it is to an address we determine is associated with fraudulent purchases.

Returns.  A prepaid return shipping label will be included in your shipment.  If during the three day try-on period you decide to return any of the Products in your shipment, simply pack them in the original shipping box, tape on the return shipping label, and drop-off the package at the nearest official FedEx location.  Any returned Products must be postmarked no later than three days after confirmed receipt of the package (the “Return Date”) and must be in original, unworn condition with all packaging and dust bags included.  We cannot accept returned merchandise that is worn, damaged, or altered in any way.  You will retain title to and risk of loss for the Products until we receive the returned Products and determine the Products were returned unworn and in their original condition, at which point you will be deemed to have rejected the Products.  Title will then return to us.  If the return shipping label is activated before the end of the three day try-on period, you will be charged only for the items you kept, at any time after the Return Date.  We will assume you kept all items if the return shipping label is not activated by the end of three day try-on period, and you will be charged accordingly.  Any exceptions permitting a return postmarked later than the Return Date must be requested in a timely manner and may be granted at the sole discretion of Stiletto Charm, LLC.  Unfortunately, we cannot guarantee you will be able to exchange or replace any item.

Exchanges.  If you want to exchange any of the Products in your shipment (e.g., for a different size), you must return the Product using the prepaid return shipping label by the Return Date and place a separate Try at Home order, subject to the Try at Home Fee.  The exchange Product will be sent separately to you.  If you fail to return the original Product by the Return Date or if the original Product shows signs of wear or is damaged, Stiletto Charm, LLC may charge you for both the original Product and the exchange Product.  If you receive the exchange Product and decide to return it, you can return it using the prepaid return shipping label included in the shipment within three days of confirmed receipt of the exchange Product.

Legal Details.  Your placing an order for our Try at Home service is an offer to purchase the Products included in the shipment of the order.  We may accept your offer by processing your Try at Home Fee payment and shipping you the Try at Home order.  For any reason, we may decline to accept your request for the Try at Home service.  If we decline to accept your request for the Try at Home service, we may attempt to notify you at the email address you provided.  All Products will be deemed accepted by you upon shipment, and title to and risk of loss for the Products passes to you when we provide the Products to a common carrier.

ELIGIBILITY TO PURCHASE

The purchase of merchandise through Stiletto Charm, LLC is strictly limited to parties who can lawfully enter into and form contracts on the Internet in accordance with the laws of the State of California.  In order to make a purchase on the Site, you will be required to provide your personal details and payment details that you represent and warrant are both valid and correct.  Furthermore, you confirm that you are the person referred to in the billing information provided.  If you are under 18 years of age, you are not authorized to make a purchase on the Site or use the Services.

By making an offer to purchase merchandise, you expressly authorize us, where Stiletto Charm, LLC feels necessary, to transmit or obtain information (including any updated information) about you to or from third parties, including but not limited to your debit/credit card number, to authenticate your identity, validate your debit/credit card, obtain an initial debit/credit card authorization, and authorize individual purchase transactions.

Stiletto Charm, LLC reserves the right to restrict multiple quantities of an item being shipped to any one customer or postal address.

PRODUCT DESCRIPTIONS

Stiletto Charm, LLC attempts to provide product descriptions as accurately as possible with no errors.  However, we cannot guarantee product descriptions are completely accurate, reliable, current, or without errors.  If for any reason you are not satisfied with a product purchased from the Site, then you can return the Product according to our Orders and Returns policy.  We reserve the right to discontinue offering a Product on the Site at any time without notice.

PRODUCT PRICING

We are constantly updating and revising our offerings of Products, and we may discontinue Products at any time without notice.  All pricing for Products is subject to change.  Pricing determinations are solely at the discretion of Stiletto Charm, LLC and subject to changes based on market conditions, product availability, product discontinuations, errors in advertisements, or other circumstances.  If the price of an order changes after you have paid for it in full, your order will be canceled and your monies refunded.

We attempt to be as accurate as possible with prices of Products.  However, we do not warrant that product prices are always accurate.  In the event a Product is listed at an incorrect price or with incorrect information due to an error in pricing, typographical error, or error in product information received from our suppliers, we shall have the right to refuse or cancel any orders placed for Products listed at the incorrect price.  We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your debit/credit card has been charged.  If your debit/credit card has already been charged for the purchase and your order is canceled, we shall immediately issue a refund to your debit/credit card account in the amount of the charge and advise you of the canceled order.  If you are not completely satisfied with your purchase, you may return or exchange it in accordance with the terms and conditions set forth in our Orders and Returns policy.

Prices shown on the Site are in USD and are exclusive of taxes.  Sales tax will only be charged on orders shipped to California State.  No other tax or import duty will be applied to orders shipped to other locations in the U.S.  If we do not collect the applicable sales tax, you are responsible for payment of the applicable use taxes.  Stiletto Charm, LLC may provide certain promotional offers or discounts to customers.  Depending on the type of promotion or discount offered, it may reduce the amount of sales tax that apply to your order.  The application of the promotion or discount will be reflected on your receipt.

We may occasionally hyperlink Products or advertisements on the Site to their respective brands’ third party sites for your convenience and purchase if you wish to do so.  We have no control or responsibility over pricing of any of the products provided on these sites.  Please refer to each brand’s terms and conditions, pricing policy, and return policy for further information on how to resolve a change in price if you have placed an order that has processed and not shipped or already completed an order that has shipped.  Our partnering brands have the sole rights to refuse or award any refunds.

ORDERS

All orders are subject to acceptance and availability, and items in your shopping cart are not reserved and may be purchased by other customers.  Upon placing your order on the Site, you will receive an email acknowledging the details of your order.  This email is not an acceptance of your order.  Acceptance of your order will be perfected upon completion of the packing of your order, unless you cancel your order.  We may, at any time at our sole discretion, refuse to process and therefore accept a transaction for any reason or refuse service to anyone.  We will not be liable to you or any third party by reason of our withdrawing any merchandise form the Site or refusing to process a transaction or suspending any transaction after processing has begun.

PAYMENT

We accept all major debit/credit cards and PayPal.  Payment will be debited and cleared from your account upon dispatch of your order by Stiletto Charm, LLC.  You confirm the debit/credit card being used is yours or you have been specifically authorized by the owner of the debit/credit card to use it.  All debit/credit card holders are subject to validation checks and authorization by the card issuer.  If the issuer of your payment card refuses to authorize payment to Stiletto Charm, LLC, we will not be liable for any delay or non-delivery.

DISCOUNT CODES

We may provide promotional codes offering a discount on our merchandise.  Promotional codes are non-transferable and will have no cash alternative.  Furthermore, they cannot be used in conjunction with any other promotional codes or offers and must be used by the expiration date published, if any.  We reserve the right at any time without notice to retract and/or change the terms of promotional codes.

MONITORING OF ACTIVITY

Stiletto Charm, LLC has the right to monitor the Site and any portion thereof, to include public forums such as message boards, comments to our blog, user product reviews, and other similar activities where visitors can communicate with us and one another (collectively “Public Forums”).  At any time for any reason without prior notice and no obligation to you, we can remove, delete, redact, or otherwise modify any such content.  Furthermore, we have no obligation to display or post any comments on the Site and shall not be held liable for any comments submitted to, displayed, or posted on the Site, whether provided by us or any other party.  We reserve the right to investigate and/or take appropriate action against you or any content you submit, display, or post on the Site in our sole discretion if you violate the guidelines below or any other provision of this Terms of Use or otherwise create liability for us or any other person.  Such action may include removing or modifying such content, terminating your account, and/or reporting you to law enforcement authorities.

ACCEPTABLE USE

Your use of the Site is strictly limited to personal non-commercial use only.  You may not a) upload commercial content on the Site or resell or make any commercial use of the Site or its contents b) copy, imitate, reproduce, distribute, publish, display, post or transmit any portion of the Site in any form or c) extract any contents or collect any information from the Site through the use of any data mining, bots, spiders, automated tools, or other similar data gathering and extraction methods.  You further agree not to post any content or communications on the Site deemed to be a) abusive, defamatory, or obscene b) fraudulent, deceptive, or misleading c) in violation of a copyright, trademark, or other intellectual property right of Stiletto Charm, LLC or its business partners, or d) unauthorized or unsolicited advertising, junk, or bulk email, e) commercial in nature or sales intended without our prior written consent, or f) offensive, invasive of privacy or publicity right, illegal, or otherwise unacceptable to us at our sole discretion.

We may at any time without notice deny you temporary or permanent access to and use of the Services if you engage in prohibitive activities, act disrespectfully to others, or otherwise violate any portion of this Terms of Use, as you agree you are personally responsible for your use of the Services.  You use the Site and the Services offered through the site at your own risk.

ACCOUNTS AND PASSWORDS

Your use of the Services may require setting up an account and/or password(s).  You are solely responsible for any and all use of your account and/or password(s) and all activities (including orders placed through the Services) that occur under or in connection with your account and maintaining the confidentiality of your account and password(s) and for restricting access to your computer.  We reserve the right to take whatever action we deem necessary to preserve the security of the Services and your account, including without limitation terminating your account, changing your password, or requesting additional information to authorize transactions on your account.  You agree to be responsible for any act or omission of any users that access the Services under your account.  You may not use anyone else’s account at any time without the permission of the account holder.

If you open an account, register, or otherwise provide us with any information as requested by any forms, you agree to provide us with information that is current, complete, and accurate.  Stiletto Charm, LLC is not responsible for any errors or delays in responding to any inquiry or request caused by any information provided by you that is incorrect or outdated or any technical problems beyond the control of Stiletto Charm, LLC.

You acknowledge and agree that any login, identifier, or password issued in connection with the Services (each a “Password”) is confidential information and must be kept secure.  You may not disclose such Password to another person or entity or permit another entity to access the Services using such Password.  You must notify Stiletto Charm, LLC immediately of any breach of security or unauthorized use of your account.  Stiletto Charm, LLC cannot be responsible for and disclaims all liability in connection with the use of any information that you post or display on the Services.

You must be at least 18 years of age to create an account and use the Services.  If we later discover or suspect that a person under 18 years of age has placed an order for Products or the Try at Home service, we reserve the right to take steps to cancel that order.

RIGHT TO SUSPEND

Stiletto Charm, LLC reserves the right, in its sole discretion, to suspend your account, your use of the Services, or the sending of Try at Home orders at any time at our discretion including, as necessary to protect the security or operation of the Services.

DISCLAIMER

Stiletto Charm, LLC expressly disclaims any and all warranties, whether expressed or implied, associated with the materials and Products offered on the Site to the fullest extent permissible pursuant to applicable law.  This disclaimer includes but is not limited to a) implied warranties of merchantability and fitness for a particular purpose and non-infringement b) functions and use of the Site and its contents being uninterrupted, error free, or free of viruses or other harmful components or c) results of use or performance of the Site or the Products on the Site in regards to their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise.  These limitations may not apply to you.

LIMITATION OF LIABILITY

Stiletto Charm, LLC shall not be liable to you or any third-party for any loss of profits, incidental, special, punitive, or consequential damages that result from your use of, or inability to use, the materials on the Site or the performance of the Products on the Site, even if we have been advised of the possibility of such damages.  The limitation or exclusion of liability or incidental or consequential damages may not be permitted by applicable law, and thus either may not apply to you.

INDEMNIFICATION

You agree to indemnify and hold harmless Stiletto Charm, LLC and its officers, directors, agents, employees, and affiliates from and against any suit, action, claim, loss, expenses, or damages, including reasonable attorney’s fees, resulting from any activity related to your use of the Services or any violation of these terms and conditions or any law, regulation, other legal mandate, or the rights of any third-party.

MISCELLANEOUS

This Terms of Use, as well as our Privacy Policy, set forth the entire understanding and agreement between Stiletto Charm, LLC and you with regards to the subject matter herein.  No other documents may serve as a means to alter, supplement, or amend these terms and conditions.  All matters relating to the use of the Site and the Services offered through the site, any claim, cause of action, or dispute between you and Stiletto Charm, LLC arising from the use of the Site and the Services offered, and this Terms of Use are governed by the laws of the state of California, without regard to conflict of law principles.  You agree and hereby submit to the exclusive personal jurisdiction of the state and federal courts of San Francisco County in the state of California for the purpose of litigating all such matters.  You must commence and institute any cause of action against us within one year after the cause of action occurs, or it will otherwise be deemed forever waived and barred.  Stiletto Charm, LLC’s failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right.  These terms and conditions shall not be modified by any course of conduct between the parties or trade practice.  We may assign our rights or duties under this agreement to any party at any time without prior notice to you.  If Stiletto Charm, LLC suffers irreparable injury from any break of this Terms of Use, you agree that we shall be entitled to seek equitable relief, including injunctions and declaratory judgments, in addition to any other remedies permitted by law.

TERMS OF USE CHANGES

This Terms of Use if effective as of its initial posting to the Site.  We reserve the right, from time to time, to make any necessary changes to this Terms of Use.  Such changes will be posted when they go into effect, and by accessing or using the Services after any changes are posted, you are deemed as having accepted such changes.  We suggest you check back and refer to this Terms of Use regularly for the latest information on our terms and conditions.

QUESTIONS?

If you have any questions regarding this Terms of Use, you can email us at info@stilettocharm.com.