General Terms and Conditions of SaleThese General Terms and Conditions of Sale govern the sale of merchandise and services by YOOX Corporation ("YOOX USA" or "we") to you through the US section of shoescribe.com (the "US Site"). The US Site is available only for purchases within the United States. Your use of the US Site to purchase merchandise or services indicates your agreement to follow and to be bound by these General Terms and Conditions of Sale.
All orders are subject to written acceptance by YOOX USA. All orders will be confirmed by YOOX USA, in writing, by e-mail. Merchandise displayed on the US Site may be out-of-stock or discontinued.
YOOX reserves the right to refuse returns of any merchandise or any future orders when a customer has carried out an excessive number of returns beginning from the date of the first return.
All prices are in US Dollars. Prices may change without notice. The total invoice price (Total amount due) is inclusive of Sales Tax applied in accordance with individual state and local regulations of the state indicated in your shipping address. Sales Tax is calculated according to the current Sales Tax policy and is indicated on the Payment page of the Shopping Bag.
If the Sales Tax rate changes between the date in which your order has been placed and the date in which the product is dispatched from our warehouse, we will proceed as follows: should the new amount be lower than the amount indicated at checkout, the total of your order will be reduced accordingly. Should the new amount exceed the one indicated at checkout, YOOX USA will cover the difference. The final Sales Tax amount will always be equal or less than the Sales Tax given at checkout. The final amount will be indicated in the invoice you will receive with the Shipping Confirmation e-mail.
Depending on the tax laws in each state, you may be required to pay Use Tax on purchases for which Sales Tax has not been collected. All prices are inclusive of Customs and import duties.
Use Tax Notice for Oklahoma, South Carolina, South Dakota, and Vermont Purchasers
YOOX USA is not required to and does not collect Sales or Use Tax from these jurisdictions.
The purchase is subject to Use Tax unless exempt, purchase of this item over the internet does not alone exempt the purchase from Use Tax.
Unless an exemption applies all Use Taxes applicable to this purchase must be paid and reported by filing a consumer Use Tax return in the applicable jurisdiction. Such forms can be located on the local tax commission website for the applicable jurisdiction.
South Carolina: http://www.sctax.org/Tax+Information/Sales+and+Use+Tax/default.htm
South Dakota: http://www.state.sd.us/drr2/businesstax/st/usetax.htm
Check with your local professional advisor as to whether an exemption applies to your purchase. YOOX USA does not advise on income, sales or use tax requirements or issues and any information listed does not represent advice either express or implied.
Value vouchers are personalized codes which allow you to take advantage of a discount on your purchase on shoescribe.com.
The Promotional Code box is displayed on the first page of the Shopping Bag: after you have inserted your items in the Shopping Bag and entered your code, press Apply Code. In the pop-up window, you will need to select the item to which you wish to apply your voucher. Select the item and press APPLY. Value vouchers can be used only on a single item from your order, therefore the other item(s), if any, inserted in the Shopping Bag will not receive a discount.
Restrictions to the use of value vouchers:
- The value voucher can be used only once, with the exception of returns.
- The value voucher cannot, under any circumstances, be exchanged for money.
- You may not use more than one value voucher per order. The value voucher may only be applied to one item per order.
- The value voucher may only be applied to items with a higher value than the voucher itself.
PURCHASE FOR PERSONAL USE ONLY
You may purchase products or services on the US Site only for personal use and not for resale. By placing your order, you certify that you are purchasing products or services for personal use only and not for resale. WE RESERVE THE RIGHT TO REFUSE ORDERS FOR ANY REASON WITHOUT EXPLANATION.
YOOX USA has made every effort to display as accurately as possible the colors of the merchandise that appear on the US Site. However, since the actual colors you see will depend on your monitor, we cannot guarantee that your monitor will accurately display the actual colors of the merchandise.
You are responsible for the shipping costs associated with the delivery of merchandise you purchase on the US Site.
SHIPMENTS AND DELIVERY
You bear all risk of loss and damage to the merchandise that has cleared YOOX USA's fulfillment house. Delivery is deemed complete and title to the merchandise passes to you upon acceptance of shipment by a common carrier.
RETURNS OF MERCHANDISE AND REFUNDS
We want to make sure that you are completely satisfied with your purchase. If, for any reason, you are not satisfied with your order, you may return your UNUSED article of merchandise by filling out the online Return Form within twenty (20) days from the date of delivery. Before sending your article of merchandise back to us, please refer to our return policy, in the Return Center, to make sure that all the conditions listed in such policy have been correctly satisfied. Your return can be sent to us by UPS using the preprinted label found within the original shipment. The cost of shipping returned products with the enclosed UPS label is $ 6.00. Please visit UPS/drop-off to find the UPS drop-off location nearest to you. You may also give your package to a UPS driver. If you prefer you can send the return at your expense, with a courier of your choice. We are not responsible for any loss or damage to your merchandise if you ship your return without using the pre-printed UPS label. Return items must be given back to the courier within twenty (20) days from the date the package was delivered to you.
Except for certain specific cases, included in the Returns of Merchandise section, purchased products may not be exchanged.
DISCLAIMERS AND LIMITATIONS OF LIABILITY
YOOX USA MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE PRODUCTS INCLUDED IN THE US SITE NOR AS TO THE MERCHANDISE OR SERVICES BEING SOLD TO YOU. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, YOOX DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT, AND THERE ARE NO WARRANTIES, EXPRESS OR IMPLIED, WHICH EXTEND BEYOND THE DESCRIPTION OF THE MERCHANDISE OR SERVICES CONTAINED ON OUR ORDER CONFIRMATION. YOOX USA WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE US SITE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES.
YOOX USA's order confirmation and these General Terms and Conditions of Sale shall be deemed the final and integrated agreement between YOOX USA and you on the matters contained in these General Terms and Conditions of Sale.
GOVERNING LAW AND CHOICE OF FORUM
The laws of the State of New York (without giving effect to its conflicts of law principles) govern all matters arising out of or relating to these General Terms and Conditions of Sale, including, without limitation, their validity, interpretation, construction, performance, and enforcement. All legal proceedings arising out of or in connection with these General Terms and Conditions of Sale shall be brought solely in the City of New York, State of New York.
If any provision of these General Terms and Conditions of Sale is determined to be invalid, illegal or unenforceable, the remaining provisions of these General Terms and Conditions of Sale remain in full force to the extent permitted by law.