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Terms of Service

These Terms of Service ("Terms") govern your use of our website and services. By accessing or using our website, you agree to comply with and be bound by these Terms. If you do not agree with any part of these Terms, please refrain from using our website.

 

1. General Terms

1.1 Eligibility: To use our website and services, you must be at least 18 years old or the legal age of majority in your jurisdiction. By using our website, you represent and warrant that you meet these eligibility requirements.

1.2 Account Registration: Some features of our website may require you to create an account. You are responsible for maintaining the confidentiality of your account information, including your username and password. You agree to provide accurate, complete, and current information during the registration process. You must notify us immediately of any unauthorized use of your account or any other security breach.

1.3 Intellectual Property: All content on our website, including text, graphics, logos, images, and software, is the property of The Fitting Footwear Co. and is protected by intellectual property laws. You may not use, reproduce, modify, or distribute any content without our prior written permission.

1.4 Prohibited Activities: You agree not to engage in any illegal, fraudulent, or abusive activities while using our website. This includes but is not limited to:

  • Violating any applicable laws or regulations.

  • Interfering with the proper functioning of our website.

  • Uploading or transmitting viruses, malware, or any other malicious code.

  • Engaging in unauthorized access to our systems or data.

  • Harassing, threatening, or intimidating other users.

2. Product Information and Pricing

2.1 Product Descriptions: We strive to provide accurate and up-to-date information about our footwear products. However, we do not warrant that the product descriptions, images, colors, or other content on our website are error-free, complete, or reliable. If you encounter any inaccuracies, please notify us, and we will make appropriate corrections.

2.2 Pricing: The prices displayed on our website are subject to change without notice. We make every effort to ensure that the prices are accurate, but in the event of a pricing error, we reserve the right to cancel or refuse any orders placed at the incorrect price.

 

3. Orders and Payments

3.1 Order Acceptance: Placing an order on our website constitutes an offer to purchase the selected products. We reserve the right to accept or decline your order for any reason, including but not limited to product availability, errors in pricing or product information, or suspected fraudulent activity.

3.2 Payment: We accept payment through the designated payment methods displayed on our website. By providing your payment information, you represent and warrant that you are authorized to use the chosen payment method. All payments are subject to verification and approval by the relevant payment service provider.

 

4. Shipping and Delivery

4.1 Shipping: We will make reasonable efforts to process and ship your order within the specified timeframes. However, we are not responsible for any delays or errors caused by shipping carriers or unforeseen circumstances beyond our control.

4.2 Delivery: The risk of loss or damage to the products passes to you upon delivery. It is your responsibility to provide accurate and complete shipping information. We are not liable for any delays or issues resulting from inaccurate or incomplete shipping information provided by you.

5. Returns and Refunds

Please refer to our Returns Policy, available on our website, for information regarding returns and refunds.

 

6. Limitation of Liability

6.1 Disclaimer: We make no warranties or representations, express or implied, regarding the operation of our website, the accuracy of the content, or the availability of our services. Youacknowledge that your use of our website is at your own risk.

 

6.2 Limitation of Liability: In no event shall The Fitting Footwear Co. or its affiliates, directors, officers, employees, or agents be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or in connection with your use of our website or the products purchased through our website. Our liability for any direct damages shall be limited to the total amount paid by you for the specific product or service giving rise to the claim.

7. Indemnification

You agree to indemnify, defend, and hold harmless The Fitting Footwear Co. and its affiliates, directors, officers, employees, and agents from any claims, losses, damages, liabilities, and expenses (including reasonable attorneys' fees) arising out of or related to your use of our website, violation of these Terms, or any violation of applicable laws or regulations.

8. Modifications and Termination

8.1 Modifications: We reserve the right to modify or update these Terms at any time without prior notice. Any changes will be effective immediately upon posting the updated Terms on our website. It is your responsibility to review the Terms periodically for any updates. Continued use of our website after the posting of changes constitutes your acceptance of the revised Terms.

8.2 Termination: We may terminate or suspend your access to our website and services, in whole or in part, at any time and for any reason, without prior notice or liability.

9. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of South Australia. Any dispute arising out of or relating to these Terms or your use of our website shall be resolved exclusively in the competent courts of South Australia.

10. Contact Information

If you have any questions, concerns, or feedback regarding these Terms or our website, please contact us at info@thefittingfootwearco.com.au.  By using our website, you acknowledge that you have read, understood, and agreed to these Terms of Service.

Last updated: 6/7/2023

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