These 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.

ORDERS

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.

PRICES

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.
Oklahoma: http://www.tax.ok.gov/
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
Vermont: http://www.state.vt.us/tax/index.shtml
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

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:

1. The value voucher can be used only once, with the exception of returns.
   
2. The value voucher cannot, under any circumstances, be exchanged for money.
   
3. You may not use more than one value voucher per order. The value voucher may only be applied to one item per order.
   
4. 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.

COLORS

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.

SHIPPING COSTS

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.

BINDING AGREEMENT

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.

SEVERABILITY

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.

PRIVACY

The terms and conditions of our Privacy Policy govern the processing of all personal data collected from you in connection with your purchase of merchandise through the US Site.

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 within  twenty (20)  days from the date of delivery. Before sending your article of merchandise back to us, please make sure that all of the following conditions have been correctly satisfied. 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.

The article you wish to return:

• can be sent back to us only after you have completed and submitted the online Return Form available on the US Site within twenty (20) days of delivery; by completing and submitting our online return form you will receive your Return Number;
• must be unused, unworn, and not damaged;
• must have the YOOX refund tag still attached with the disposable seal that must still be intact;
• must be returned complete of all of its parts and accessories;
• must be sent in its original packaging;
• return items must be shipped back to YOOX within twenty (20) days of the date of delivery;
• must be sent in one single shipment: articles that belong to the same order must be returned to us at the same time;
• and must be shipped from the United States.

If all of these conditions are satisfied, we will refund the value of the returned product(s), Sales Tax included, less any original shipping costs. If you send the package with UPS using the label provided to you, you will be charged $6.00 for return shipping costs. If you prefer you can send the return at your expense, with a courier of your choice. We will not issue any refunds for returns that do not satisfy all of the conditions indicated above; provided, however, that you will have the option to request within thirty (30) days of being notified that you are not entitled to a refund that your merchandise be shipped back to you, at your own cost, in the condition in which it was received by YOOX USA. If you do not request the return of your merchandise within said thirty-day period, YOOX USA will be entitled to dispose of such merchandise in its sole discretion.

Refund Policy
Refunds are processed within approximately three (3) business days of our receipt of your merchandise. Your refund will be credited back to the same payment method used to make the original purchase on the US Site. If you paid by credit card, refund times will depend on the credit or debit card company’s policies. Be aware that the currency date for the credit will coincide with the date of the original payment, therefore you will not be charged any interest fees. If you paid by PayPal, refunds will be credited to your PayPal account and will be visible immediately. The date of reimbursement to the credit card associated with your PayPal account depends on the company that issued the card.

Refund Tag
All our articles of merchandise come with a refund tag. Please try on your item before removing the refund tag, since we do not accept returns once the return tag has been removed, broken or damaged in any way. Shoes come with a sticker under the sole; if you remove or alter this sticker, you may no longer return your purchase.

Low-Cost Return Shipping using YOOX’s Pre-addressed UPS Label:
Your return can be sent to us by UPS, by using the preprinted label found within the original shipment, and $6.00 will be deducted from your refund to account for such return shipping costs. 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.
Returns using a Courier of Your Choice:
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.

CONDITIONS FOR THE EXCHANGE OF PRODUCTS

In certain specific cases, duly specified in the Returned Goods Form, you are allowed to replace purchased products with other products, instead of being refunded the relative price.

The request for an exchange is subject to the following conditions:

a. exchanges shall only be permitted with respect to certain products, such products shall be identified by the use of the word “REPLACEMENT” as indicated in the Returned Goods Form ;
b. exchanges will only be permitted for a different size or color or the product you originally ordered. The available exchange options will be indicated in the Returned Goods Form;
c. you may request the exchange of one or more purchased products within and not later than ten (10) working days from their date of delivery, by filling in the Returned Goods Form and sending it via electronic means to YOOX within the aforementioned deadline. The products to be replaced must be handed over to the forwarder within ten (10) working days of their date of delivery;
d. you may only submit a single exchange request for each product purchased;
e. the products for which you request the exchange must be returned to YOOX in their original condition and packaging, they must not have been used, worn, washed or damaged, and they must still have their identification tag attached with the disposable seal;
f. the products to be exchanged that belong to a single order must be returned to YOOX in a single shipment. YOOX reserves the right to refuse products of the same order that are shipped for exchange separately.

If all the above conditions are properly satisfied, once you have filled in and transmitted the Returned Goods Form containing your request for an exchange, YOOX will process said request by sending you a relevant confirmation email.

DEADLINES AND PROCEDURE FOR OBTAINING EXCHANGES

After receiving the products you intend to exchange and verifying that all the above-mentioned requirements have been fulfilled, YOOX will verify the actual availability in its warehouses of the replacement products having the size and/or color you have selected.

If the selected replacement product(s) is not available in its warehouses, YOOX will not be able to accept your request for an exchange and will thus refund you the price of the product(s) originally purchased, in accordance with the procedures specified iniYOOX’s Return Policy.

If the selected replacement product(s) is available in its warehouses, YOOX will accept your request for an exchange and will thus send you an email confirming the shipment of the replacement product(s). In this case, shipment will occur within thirty (30) working days of the date in which YOOX becomes aware of your request for an exchange, once the company verifies that the latter fulfills all the above-mentioned requirements. The expenses for shipping the replacement products shall be borne by YOOX, with a courier to be selected by YOOX.

If the price of the purchased product is lower or higher than the chosen replacement product, you will not be granted a refund nor will you be required to pay the relative price difference; keeping in mind that your replacement selection will be limited to the same model as originally purchased (size and/or color may vary).

You will be contacted if your request for an exchange cannot be accepted due to your failure to fulfill the aforementioned conditions. In this case, you may choose to have the products you initially intended to exchange shipped back at your expense. Should you refuse this shipment, YOOX reserves the right to keep the products and withhold the amount paid therefor.

If you wish to exchange or return the replacement product(s) received by you, such return or exchange will be subject to a subsequent goods return procedure, pursuant to and within the limits of YOOX’s Return Policy.

Welcome to shoescribe.com. These General Terms and Conditions of Use govern your access to, use of and purchase of products from the United States section of shoescribe.com (the "US Site"). By using the US Site, you agree to comply with and be bound by these General Terms and Conditions of Use. If you do not agree to these General Terms and Conditions of Use, please do not use the US Site.

GENERAL

shoescribe.com is the property of YOOX S.p.A., an Italian company having an address at Via Nannetti, 1, 40069 Zola Predosa – Bologna, Italy ("YOOX"). The US Site is operated, under license, by YOOX Corporation, a Delaware corporation having an address at 122 Hudson Street, 5th Floor, New York, New York 10013 ("YOOX USA").

OTHER SITE POLICIES

Please review our General Terms and Conditions of Sale, Return Policy and Privacy Policy (collectively, the "Site Policies"). All Site Policies are incorporated in these General Terms and Conditions of Use by this reference and, therefore, apply to your access to, use of and purchase of products from the US Site. If you do not agree to our Site Policies, please do not use the US Site.

PURCHASE FOR PERSONAL USE ONLY

You may purchase products on the US Site only for personal use and not for resale. By placing your order, you certify that you are purchasing products for personal use only and not for resale and you accept YOOX General Terms and Conditions of Sale. WE RESERVE THE RIGHT TO REFUSE ORDERS FOR ANY REASON WITHOUT EXPLANATION.

LICENSE AND SITE ACCESS

The viewing, printing or downloading of any graphic, form, document or other content from the US Site grants you only a limited, nonexclusive and nontransferable license for use solely by you for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works or other use. No part of any graphic, form, document or other content may be reproduced in any form or incorporated into any information system, electronic or mechanical, other than for your personal use (but not for resale or redistribution). Any unauthorized use of the US Site and its content terminates the license granted by YOOX USA.

You will be solely responsible for all damages and other harm resulting from your use of the US Site and its content. YOOX and YOOX USA shall not be deemed liable for any use of the US Site and its content made by you in violation of any applicable laws and regulations and these General Terms and Conditions of Use.

USER’S SUBMISSIONS

You represent and warrant that any review, comment, suggestion, idea, image, content or other material (collectively, the "Material") you submit to YOOX USA is legal and does not violate any right of any third party, including privacy and intellectual property rights.

By disclosing, submitting or offering any Material to YOOX USA, you grant YOOX USA and YOOX a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub licensable right to use, reproduce, modify, adapt, publish, translate, create derivative work from, distribute, display such Material throughout the world in any media.

You are and shall remain solely responsible for any Material you disclose, submit or offer to YOOX USA.

PRIVACY

We recommend that you read our Privacy Policy, which explains our online privacy practices.

COPYRIGHT

All content included on the US Site, such as works, images, pictures, dialogues, music, sounds, videos, documents, drawings, figures, logos, menus, web pages, graphics, colors, schemes, tools, fonts, designs, diagrams, layouts, methods, processes, functions and software (collectively, the "Content"), is the property of YOOX or its content suppliers and is protected by national and international copyright and other intellectual property laws. You may not reproduce, publish, distribute, display, modify, create derivative work from, or exploit in any way, in whole or in part, the Content without the prior express written consent of YOOX or its content suppliers, as the case may be.

YOOX and its content suppliers shall have the exclusive right to authorize or prohibit in their sole discretion any reproduction, publication, distribution, display, modification, creation of derivative work from, or exploitation in any way of, in whole or in part, the Content. YOOX and its content suppliers shall have the right, at any time, to claim the authorship of any Content posted on the US Site and to object to any use, distortion or other modification of such Content.

Any reproduction, publication, distribution, display, modification, creation of derivative work from, or exploitation in any way of, the Content expressly authorized in writing by YOOX or its content suppliers shall be carried out by you for lawful purposes only and in compliance with all applicable laws.

COPYRIGHT COMPLAINTS

We respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide YOOX USA’s copyright agent the written information specified below.

• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
• A description of the copyrighted work that you claim has been infringed upon;
• A description of where the material that you claim is infringing is located on the US Site;
• Your address, telephone number, and e-mail address;
• A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and
• A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s address.

YOOX USA’s copyright agent for notice of claims of copyright infringement can be reached at privacy@shoescribe.com.

TRADEMARKS

YOOX and shoescribe.com are registered trademarks and/or service marks of YOOX in the United States and/or other countries. All rights are reserved. These and any other trademark, service mark and trade dress of YOOX, including, but not limited to, any mark that incorporates the word "YOOX" or the domain name "shoescribe.com", may not be used by you in any manner for any purpose without the prior express written consent of YOOX.

All other trademarks, service marks and trade dress not owned by YOOX that appear on the US Site are the property of the respective owners (the "Third Party Owners"), who may or may not be affiliated with, connected to, or sponsored by YOOX or YOOX USA.

YOOX and all Third Party Owners are entitled to the exclusive use of their respective trademarks, service marks and trade dress.

You are not authorized to use any of the trademarks, service marks and trade dress that appear on the US Site in any manner for any purpose without the prior express written consent of YOOX or the respective Third Party Owner, as the case may be.

LINKS TO THIRD PARTY WEB SITES

The US Site may provide hyperlinks to third party websites (the "Third Party Websites"). YOOX USA and YOOX do not operate, control, endorse or guarantee any Third Party Websites. You agree that YOOX USA and YOOX are not responsible for any content, services and/or products provided by any Third Party Website. When you access any Third Party Website through a hyperlink posted on the US Site, please carefully read the terms and conditions of use and other policies of such Third Party Website. Our General Terms and Conditions of Use and other policies do not apply to any Third Party Website.

YOOX USA provides hyperlinks to Third Party Websites only for the convenience of its users. By providing hyperlinks to Third Party Websites, YOOX USA does not recommend that its users access such Third Party Websites. YOU AGREE THAT YOUR USE OF ANY THIRD PARTY WEBSITE IS AT YOUR SOLE RISK AND WITHOUT WARRANTIES OF ANY KIND BY YOOX USA, EXPRESSED, IMPLIED OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY OR NONINFRINGEMENT. UNDER NO CIRCUMSTANCES ARE YOOX USA AND YOOX LIABLE FOR DAMAGES ARISING FROM ANY TRANSACTION BETWEEN YOU AND ANY THIRD PARTY WEBSITE OR FOR ANY INFORMATION APPEARING ON THIRD PARTY WEBSITES.

LINKS TO THE US SITE

Please contact us by e-mail at webmarketing@yoox.com if you are interested in linking a web site to the US Site. You must obtain our express written consent prior to linking any website to the US Site.

DISCLAIMERS AND LIMITATION OF LIABILITY

THE US SITE IS PROVIDED BY YOOX USA ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, YOOX USA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGMENT. WITHOUT LIMITING THE FOREGOING, YOOX USA MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE US SITE OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED ON THE US SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE US SITE IS AT YOUR SOLE RISK. YOOX USA DOES NOT WARRANT THAT THE US SITE, ITS SERVERS OR E-MAIL SENT FROM THE US SITE OR YOOX USA ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOOX USA DOES NOT GUARANTEE THE CONTINUOUS, UNINTERRUPTED AND SECURE ACCESS TO THE US SITE. YOU UNDERSTAND THAT THE OPERATION OF THE US SITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE THE CONTROL OF YOOX USA. YOOX USA AND YOOX SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE US SITE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

INDEMNIFICATION

You agree to indemnify, defend and hold YOOX USA and YOOX harmless from any liability, loss, claim and expense, including reasonable attorneys’ fees, arising from or related to your use of the US Site and/or your breach of these General Terms and Conditions of Use.

MODIFICATION

YOOX USA reserves the right in its sole discretion to make changes to these General Terms and Conditions of Use at any time and without specific notice to you. By using the US Site after any such change, you agree to comply with and be bound by these General Terms and Conditions of Use as changed. If you do not agree to these General Terms and Conditions of Use as they may be changed from time to time, please do not use the US Site. You should access this page periodically to review the most recent version of these General Terms and Conditions of Use. YOOX USA reserves the right in its sole discretion to edit, delete or otherwise modify any documents, information or other content appearing on the US Site.

SEVERABILITY

If any provision of these General Terms and Conditions of Use is determined to be invalid, illegal or unenforceable, the remaining provisions of these General Terms and Conditions of Use remain in full force to the extent permitted by law.

APPLICABLE LAW; JURISDICTION

Except otherwise expressly provided, 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 Use and the other Site Policies, including, without limitation, their validity, interpretation, construction, performance, and enforcement. Except otherwise expressly provided, all legal proceedings arising out of or in connection with these General Terms and Conditions of Use and the other Site Policies shall be brought solely in the City of New York, State of New York.

HEADINGS

The headings contained in these General Terms and Conditions of Use are for convenience of reference only and are not intended to have any substantive significance in the construction or interpretation of these General Terms and Conditions of Use.

CONTACT INFORMATION

If you have any question regarding these General Terms and Conditions of Use, please contact YOOX USA at privacy@shoescribe.com.

If you need any other assistance, please go to our Customer Care Area. There you will find information on orders, shipping, returns and refunds, registration and other important information regarding the services provided by YOOX USA through the US Site.  Remember that you can always contact us by e-mail at info@shoescribe.com

Welcome to shoescribe.com. Please read our Privacy Policy carefully. This Privacy Policy applies when you visit and surf the United States section of shoescribe.com (the "US Site") without purchasing any product, when you register with the US Site and when you use our services for purchasing products on the US Site. By using the US Site, you accept the practices described in this Privacy Policy. If you do not want to accept the practices described in this Privacy Policy, please do not use the US Site. The US Site is operated, under license, by YOOX Corporation, a Delaware corporation having an address at 122 Hudson Street, 5th Floor, New York, New York 10013 ("YOOX USA"). YOOX USA is a subsidiary of YOOX S.p.A., an Italian company having an address at Via Nannetti, 1, 40069 Zola Predosa – Bologna, Italy ("YOOX Italy"). Since personal data of users and customers of the US Site may be processed in Italy, any such processing of personal data will be conducted in compliance with applicable US law as well as the Italian Data Protection Code (Legislative Decree no. 196 dated June 30, 2003). Pursuant to the Italian Data Protection Code, YOOX USA is the controller of personal data of users and customers of the US Site. As the controller of personal data, YOOX USA independently determines the purposes and means by which your personal data is processed, including all security measures. As required by the Italian Data Protection Code, YOOX USA has appointed YOOX Italy as its data protection representative in Italy. As our data protection representative in Italy, YOOX Italy independently ensures that personal data is processed in Italy in a correct and lawful manner and in accordance with good practice.

1. OUR POLICY

Everyone has the right to the protection of his/her personal data.

YOOX USA respects its users' right to be informed about the collection and processing of their personal data.

In processing data that can personally identify you, directly or indirectly, we apply the principle of strict necessity. For this reason, the US Site has been designed in such a way that the use of your personal data will be minimal and will not exceed the original purpose for which your personal data was collected and/or processed. In particular, we do not disclose your identity when the purpose for which your personal data is being processed can be achieved by using anonymous aggregate information.

This Privacy Policy is intended to provide you with all the information you need in order to understand our privacy practices. However, if you have any question regarding our privacy practices and this Privacy Policy, please contact us at privacy@shoescribe.com.

We do not sell products or services for purchase by children although we may sell children’s products or services for purchase by adults. If you are under 18, you may use the US Site only with the involvement of a parent or guardian.

2. WHO PROCESSES YOUR PERSONAL DATA

For organizational and operational purposes only, YOOX USA has appointed certain entities that will also process personal data of users and customers of the US Site. Such purposes are strictly connected to the performance of services provided on the US Site by YOOX USA, including the sale of products.

The above-mentioned data processors have been chosen by YOOX USA because of their experience in processing personal data, their sufficient guarantees with respect to compliance with applicable laws and regulations, including the Italian Data Protection Code (Legislative Decree no. 196 of 30 June 2003) as well as the technical security measures adopted by them in connection with the processing of personal data. In processing personal data of the users of the US Site, our processors will act only in accordance with instructions provided by YOOX USA. We regularly verify that our processors comply with our instructions and that they provide sufficient guarantees with respect to their compliance with applicable laws and regulations.

The following is a list of the companies primarily involved in the processing of personal data of users and customers of the US Site:

• United Parcel Service S.p.A.("UPS"). We provide UPS, by electronic means, with customers' addresses and other personal data for the purpose of shipping, delivering and returning products purchased on the US Site;
• BT Italia S.p.A. We provide BT Italia, by electronic means, with personal data contained in registration or order forms for purposes relevant to the housing of our servers;
• YOOX Italy. We provide YOOX Italy with personal data of users and customers for purposes related to direct marketing services of YOOX USA and in connection with other services provided by YOOX Italy to YOOX USA, such as call center and help desk services.
  
  Please contact our Customer Care or send us an e-mail at privacy@shoescribe.com if you would like to receive a full list of our data processors.
  
  

3. HOW DO WE USE PERSONAL DATA AND FOR WHAT PURPOSES

Your personal data is collected and processed by YOOX USA for purposes which are strictly connected to the use of the US Site, its services and the purchase of products on the US Site. However, your personal data may also be used for other processing operations within the limits of such purposes. In particular, your personal data may be processed for the following purposes:
• when you register with the US Site we collect your personal data (for example, your personal information, userID and password, e-mail address, gender, favorite designer) through the relevant registration form (My Account) in order to provide you with services in reserved access areas of the US Site and in order to send you our newsletters, when specifically requested;
• when you request Customer Care services, we collect your personal data (for example, your userID and password) for purposes strictly necessary to provide you with customer care services relevant to the US Site and to the purchase of products on the US Site;
• when you are executing purchasing procedures for products sold on the US Site, including conclusion of an agreement for the purchase of products, we collect your personal data (for example, personal information, e-mail address, address, credit card numbers, bank account number and telephone number) on your order form only for the purpose of selling the products ordered by you;
• payments, including anti-fraud checks for credit card payments; in this case, the data provided during the order process (first name, surname, address, credit card number, delivery address if different from billing address) will be sent to the supervisor responsible for anti-fraud control, ThreatMetrix Inc., located in the U.S., and will be processed strictly for that purpose (see also the section "Data supervisors");
• when you request technical assistance, we collect your personal data in order to provide you with information on net-surfing, Internet browsing or viewing and downloading web pages;
• when you register your birth date for the “Cinderella for the day”, service, we process your personal data in order to send you a free birthday gift;
  - with regards to the Private Line Service, your telephone number and other personal data will be processed, in order to give you direct assistance from our Customer Care send you information regarding the availability of items you have indicated.

Your personal data is generally processed by electronic means; however, in certain circumstances, paper-based means may be used (for example, when the processing of your personal data is required for the prevention of fraud against us).

Your personal data is stored in a way which allows YOOX USA to identify you for the period that is strictly necessary for the original purposes for which such personal data is collected and subsequently processed, all in accordance with applicable laws.

Please report any changes to your personal data to privacy@shoescribe.com in order to ensure that your personal data is always accurate and kept up-to-date.

Your personal data will not be disclosed to third parties for purposes not permitted by law or without your explicit consent.

Your personal data may only be disclosed to third parties when it is necessary to process an order placed by you. For example, your personal data is disclosed to Paymentech Inc. for the performance of electronic payment services, through credit/debit cards. Moreover, your personal data may be disclosed to the police or to judicial authorities, in compliance with applicable laws and regulations and upon a formal request by such authorities for the purposes of preventing a fraud against us (anti-fraud services). Data processors will also have access to your personal data, as stated in Section 2 of this Privacy Policy, for the specific purposes stated in that Section. In all the above circumstances, your consent for data processing will not be specifically requested.

YOOX USA does not disclose your personal data to the public, unless it receives your approval and only in connection with the supply of services through the US Site (for example, in order to allow YOOX USA, upon your request, to post your photos and suggestions on the US Site as a testimonial.

Your personal data will not be transferred to any countries outside the United States and Italy if such countries do not provide for an adequate level of protection of the privacy of individuals. Should the above be necessary in order to supply services to you or to execute contracts for the purchase of products between you and YOOX USA, the transfer of your personal data to any such countries will be carried out only after the execution of specific contracts between YOOX USA and all parties involved, in accordance with applicable laws and regulations.

We wish to inform you that YOOX USA processes its users' personal data for purposes that are strictly connected to the supply of services through the US Site, the execution of contracts related to the sale and purchase of products on the US Site and, after receiving your consent, in order to send you information on new commercial initiatives which are strictly related to the US Site's activities and services.

YOOX USA processes your personal data for direct marketing purposes, including by e-mail, only after receiving your consent.

YOOX USA may have access to third parties' personal data which is directly disclosed by its users to YOOX USA, for instance when the user buys a product to be sent to a friend, when the user who pays the purchase price for a product is different from the recipient of such product, or when a user wishes to recommend to a friend a service provided through the US Site or the sale of a particular product posted on the US Site.

In all cases involving the disclosure of information of a third party, you must obtain the consent of such individuals before disclosing their personal data to YOOX USA and have informed said individuals about this Privacy Policy. You will be the only person liable in connection with the disclosure of information and data relevant to such third parties and with any other incompatible and unlawful use of such data if they have not provided you with their consent.

You agree to indemnify, defend and hold YOOX and YOOX USA harmless from any liability, loss, claims and expenses, including reasonable attorneys’ fees, arising from or related to any unauthorized disclosure of personally identifiable information of third parties.

4. WHAT HAPPENS IF YOU DO NOT DISCLOSE YOUR PERSONAL DATA TO YOOX USA

The personal data we request you provide to YOOX USA, including your e-mail address, your address, your credit/debit card numbers, bank account number and your telephone number, is necessary for the processing of your order for the purchase of products on the US Site, to supply other services provided on the US Site upon your request, or to carry out obligations arising out of applicable laws and regulations.

Your refusal to provide certain personal data to YOOX USA may prevent YOOX USA from processing your order for the purchase of products sold on the US Site or from providing other services through the US Site, such as Customer Care services, sending the newsletters, use of the Wish List, or recommending a product to a friend.

Your failure to provide personal data to YOOX USA may justify YOOX USA's refusal to process your order for the purchase of products sold or to provide services through the US Site.

The disclosure of personal data to YOOX USA other than that required in order to fulfill legal or contractual obligations or to provide the services requested by you is optional and does not have any effect on the use of the US Site and its services or on the purchase of products on the US Site (for example, the name of your favorite designer).

We will inform you if the personal data we ask you to provide is necessary or optional by marking with an asterisk (*) the information that is necessary. Your Failure to disclose optional personal data will not pose any obligation or disadvantage to you.

5. TO WHOM YOUR PERSONAL DATA WILL BE DISCLOSED

Your personal data may be disclosed to third parties who provide specific services as Data Processors on behalf of YOOX USA or who autonomously process personal data collected by YOOX USA in connection with the performance of a contract for the purchase of products on the US Site (for example, Paymentech, Inc.). Any such disclosure will be conducted, in each instance, without exceeding the original purposes for which your personal data was collected and subsequently processed.

In addition, your personal data may be disclosed to third parties in order to (1) comply with applicable laws, (2) respond to governmental and judiciary inquiries, (3) comply with valid legal process, and (4) protect the rights or property of YOOX USA and YOOX Italy.

Any third party information disclosed to YOOX USA in accordance with this Privacy Policy will not be used for any purpose other than as required to technically operate the service, to complete a transaction, or as otherwise required by law.

In the event there is a change in the corporate structure of YOOX USA including, without limitation, by merger, consolidation, sale, liquidation, or transfer of substantial assets, YOOX USA may, in its sole discretion, transfer, sell or assign personal data collected on and through the US Site, including, without limitation, personally identifiable information and aggregate information concerning users and customers, to one or more affiliated or unaffiliated third parties.

In any event, your personal data will not be disclosed to third parties without you being informed or without your consent, when such consent is required by law.

6. HOW DO WE COLLECT YOUR DATA ON SHOESCRIBE.COM

When you are using the US Site, some personal data may be collected automatically through so-called "cookies". We use cookies to collect users' IP addresses and other information regarding users' data traffic or preferences in the choice of services provided and products purchased through the US Site.

Certain information and data are collected directly and automatically by the US Site as part of its operational functions. Such information and data are then processed in a collective and anonymous way for commercial purposes in order to optimize the services provided through the US Site for the needs and preferences of our users.

In other circumstances, YOOX USA directly collects personal data and information from its users when they register on-line with the US Site or when they send purchase orders for products sold on the US Site in order to finalize their transactions.

YOOX USA collects personal data regarding individuals who are interested in employment opportunities with YOOX USA in a specific area of the US Site called Jobs. Through that area, users may provide their personal data to us for recruitment purposes. YOOX USA will process such data only for such purposes, according to applicable laws. Under no circumstances will YOOX USA disclose this personal data to third parties.

YOOX reserves the right to eliminate all MYOOX accounts and their relevant information in the case of content that is illicit or damaging to YOOX's image and/or of their products or third parties; data that promotes illegal or defamatory activities; pornographic content; content that induces violence or promotes racial, sexual, or religious discrimination.

Finally, YOOX USA collects personal data of third parties interested in starting business relationships with YOOX USA and only for such purpose.

7. SECURITY MEASURES

We have adopted security measures to protect personal data against accidental or unlawful destruction, loss, alteration, unauthorized disclosure or access and against other unlawful forms of data processing, as provided in our Privacy Policy.

Nevertheless, YOOX USA cannot guarantee that the security measures adopted for the protection of the US Site and the transmission of data and information through the US Site will prevent or exclude any risk of unauthorized access to or loss of data. It is advisable that your computer be equipped with software devices for the protection of network data transmission and receipt (such as, updated antivirus systems) and that your Internet service provider take appropriate measures for the security of network data transmission (such as, firewalls and anti-spam filtering).

8. COOKIES

YOOX USA uses automatic systems of data collection, such as cookies. A cookie is a device transmitted to the hard drive of an Internet user. While cookies do not contain intelligible information, they allow us to link an Internet user to personal information provided by such user through the US Site. Cookies are disseminated by our servers and no one may gain access to the information contained therein. Only YOOX USA processes information collected by cookies, in a collective and anonymous way, in order to optimize its services and the US Site for the needs and preferences of its users.

We disseminate cookies in connection with functions such as browsing the catalogue, purchasing products on-line and supplying "My Account" services.

As you may know, each Internet browser allows the deletion of cookies after each session. Your Internet browser contains instructions on how to carry out these procedures of deletion. Please access the appropriate instructions section on your Internet browser if you wish to delete cookies.

Your acceptance of our automatic procedures of collection of data and the use of cookies is necessary to take advantage of many features and services offered by the US Site, including the purchase of products. If you set your browser to block or delete cookies, we cannot guarantee that you will have access to all the features and services offered by the US Site (for example, your computer may not be able to display the image of the product you are in the process of purchasing).

9. OPT-IN/OPT OUT

Advertising material and direct marketing or other commercial communications which are not specifically requested by you or necessary to provide a service you requested, including the purchase of products on the US Site, will be sent to you only after we receive your consent. Please note that each time your consent is required, we will inform you in advance and we will give you the option to either provide or refuse your consent by selecting the appropriate box.

YOOX USA may process your personal data without your consent when such processing is necessary to comply with applicable laws and regulations or to provide you with services you requested, including the purchase of products on the US Site.

Even when your prior consent is not necessary, you may exercise, at any time, your right not to receive future communications regarding services you requested, such as the shoescribe.com newsletter.

10. YOUR RIGHT TO ACCESS PERSONAL DATA AND FURTHER RIGHTS

You are entitled to obtain, at any time, confirmation from YOOX USA as to whether or not data relating to you is being processed, even if not yet registered, and the communication of any such data in an intelligible form.

Moreover, you are entitled to receive from YOOX USA information on the source from which we received your personal data; the purposes and means of processing your personal data; the logic involved in any electronic data processing; information regarding the data controller and the data processors and the names of subjects and categories of subjects to whom your personal data may be disclosed or who may access your personal data (for example, the names of data processors). You can also find the above information in our Privacy Policy.

You are entitled to obtain at any time from YOOX USA:

a) the updating, rectification or integration of your personal data;

b) the deletion, transformation into anonymous form or blocking of your personal data, which is processed in violation of the law, including when the storage of data is not necessary for the purposes for which it has been collected and subsequently processed;

c) the confirmation that the operations under letters a) and b) have been reported to whom the data was disclosed or disseminated, except when it becomes impossible to do so or if it means exceeding the protection of the right you are claiming.

You are entitled to object, in all or in part:

a) for legitimate reasons, to the processing of your personal data, even if it is related to the purposes for which it was collected;

b) to the processing of your personal data for advertising or direct marketing purposes or in order to carry out marketing research or commercial communications.

You may freely and at any time exercise your rights, provided that you do so in compliance with applicable laws and regulations, by sending your request to YOOX USA at privacy@shoescribe.com.

11. LINKS TO OTHER WEB SITES

The US Site may provide hyperlinks to third party websites (the "Third Party Websites"). YOOX USA and YOOX Italy do not operate, control, endorse or guarantee any Third Party Websites. You agree that YOOX USA and YOOX Italy are not responsible for any content, services and/or products provided by any Third Party Website, nor are YOOX USA and YOOX Italy responsible for any practice followed by such Third Party Website with respect to the collection and processing of personal data of their users. When you access any Third Party Website through a hyperlink posted on the US Site, please carefully read the Privacy Policy and other policies of such Third Party Website. Our Privacy Policy and other policies do not apply to any Third Party Website.

YOOX USA provides hyperlinks to Third Party Websites only for the convenience of its users. By providing hyperlinks to Third Party Websites, YOOX USA does not recommend that its users access such Third Party Websites. YOU AGREE THAT YOUR USE OF ANY THIRD PARTY WEBSITE IS AT YOUR SOLE RISK AND WITHOUT WARRANTIES OF ANY KIND BY YOOX USA, EXPRESSED, IMPLIED OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY OR NONINFRINGEMENT. UNDER NO CIRCUMSTANCES ARE YOOX USA AND YOOX ITALY LIABLE FOR DAMAGES ARISING FROM ANY TRANSACTION BETWEEN YOU AND ANY THIRD PARTY WEBSITE OR FOR ANY INFORMATION APPEARING ON THIRD PARTY WEBSITES.

12. CONTACTS

If you wish to receive further information regarding our privacy practices, please contact us by e-mail at privacy@shoescribe.com.

For more information regarding your rights under the Italian Data Protection Code, please go to the web site of the Italian Data Protection Authority at www.garanteprivacy.it.

13. GOVERNING LAW

The processing of personal data by YOOX USA will be conducted in compliance with applicable US laws.

The laws of Italy, including the Italian Personal Data Protection Code (Legislative Decree no. 196 dated June 30, 2003), also apply to the processing of personal data carried out by YOOX USA (see the Companies of YOOX Group).

The Italian Personal Data Protection Code guarantees that the processing of your personal data will be carried out in compliance with the fundamental rights and freedoms of individuals and their dignity, with particular reference to confidentiality, identity and the right to personal data protection.

14. COMPANIES OF THE YOOX GROUP

YOOX operates on the Internet and through shoescribe.com in non-EU Countries through foreign companies that are part of the Yoox Group, such as YOOX USA.

Your personal data will not be disclosed to the above companies without your consent, except to YOOX, which is the service provider of YOOX USA with respect to certain services and the representative of YOOX USA in Italy.

These companies usually adopt their Privacy Policies when providing their services to their users and when selling their products on particular country sections of shoescribe.com. Such Privacy Policies are consistent with the Privacy Policy of YOOX since the Italian Data Protection Code applies in the case of processing of personal data carried out by anyone who is located in a non-EU country using processing equipment (whether or not electronically based) located in the Italian territory, except when such equipment is used only for the data transit on the Italian territory. For these purposes, companies of Yoox Group, such as YOOX USA have appointed YOOX as their data protection representative within the Italian territory for the application of Italian laws on data processing, as provided by the Italian Data Protection Code.

15. MODIFICATION AND UPDATING

YOOX USA may amend or update from time to time all or any part of this Privacy Policy, whether or not required by a change in the applicable laws and regulation.

All amendments and updates will become effective upon publication on this section of the US Site. You should regularly access this section of the US Site in order to review the most recent and updated version of our Privacy Policy.