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Use Tax Notice for Kentucky, 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:
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.
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 refund 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.
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.
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 therefore 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 therefore 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.
YOOX USA’s copyright agent for notice of claims of copyright infringement can be reached at email@example.com.
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 firstname.lastname@example.org 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.
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.
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.
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.
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.
If you have any question regarding these General Terms and Conditions of Use, please contact YOOX USA at email@example.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 firstname.lastname@example.org
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.
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.
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
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
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).
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.
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.
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 email@example.com.
11. LINKS TO OTHER WEB SITES
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.
If you wish to receive further information regarding our privacy practices, please contact us by e-mail at firstname.lastname@example.org.
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.
15. MODIFICATION AND UPDATING