Terms & Conditionns
These terms and conditions (the "Terms") constitute a legally binding contract between you, the user of the Website, and Shoe In (UK) Limited trading as Solely Original (“Solely Original”, “the Company”, “we”, “us” or “our”) and apply to the ordering, purchasing, fulfilment and delivery of Products from the website www.solelyoriginal.com (“Website”).
Please read these Terms carefully before placing your order. These Terms will apply to any contract between us for the sale of products to you ("Contract").
Please note: You agree to be bound by the Terms by accessing the Website, regardless of whether you make a purchase. If you do not agree with any part of these terms and conditions please refrain from using this Website.
We amend these terms from time to time as set out, please check these terms to ensure you understand the terms which will apply at that time. You will be responsible for regularly reviewing these Terms to ensure your continued compliance with them. These Terms were most recently updated on 01/10/2014.
1.INFORMATION ABOUT US
1.1 Shoe In (UK) Limited trading as 'Solely Original' is a company incorporated in England and Wales with registered number 8929959 whose registered address is 2214 West Tower, Pan Peninsula Square, London E14 9HG and it operates the Website www.solelyoriginal.com. The registered VAT number is 190 2605 24.
1.2 You can contact Shoe In (UK) Limited by email on firstname.lastname@example.org
2.1 The following definitions will apply to these Terms and, unless otherwise specified, also any other Agreement formed between You and the Company:
2.2 Bespoke Shoes – the shoes are custom made for you in terms of both the designs and the fittings. Our craftsman will make the shoes based on your designs and your personal feet measurements by using the Personal Casting Service or a foot scanner in our pop store.
2.3 Customised Shoes – the shoes are customised with your designs, however, the size of the shoes are made from industry average sizes.
2.4 The Products - Bespoke Shoes and Customised Shoes.
2.5 Personal Casting Service - the process of obtaining individual feet moulds and measurements from you through the use of a casting set sent to you via post. The return of the casting set with the resultant mould is required from you for this service. The use of this service incurs an additional cost.
3.1 The images of our products (“Products”) on the Website are for illustrative purposes only, the actual shoe is custom made for you and may differ from the represented images. Your ability to have the shoes adjusted/remade is subject to the Shoe In Return Policy at clause 18.
3.2 Although we have made every effort to display the colours accurately, we cannot guarantee that your computer's display of the colours accurately reflect the colour of the Products. Your Products may vary slightly from those images. To avoid any disappointments you may encounter from the difference in colours, we encourage you to order colour swatches before you purchase our Products.
3.3 Although we have made every effect to be as accurate as possible, because our Products are handmade, all sizes, weights, capacities, dimensions and measurements as indicated on our Website have a small percentage tolerance.
3.4 Some fine exotic leathers may require more seaming and may appear different to the images displayed. Patterns of certain materials (i.e. floral or snakeskin) and texture of material may also vary.
4.1 The Personal Casting Service or the foot scanning service is available in most of our Products.
4.2 Where it is not possible to offer the Personal Casting Service, Solely Original will contact you by your preferred communication method.
5.USE OF OUR SITE
5.1 Your use of our site is governed by our TERMS OF THE WEBSITE USAGE POLICY. Please take the time to read these, as they include important terms which apply to you.
6.HOW WE USE YOUR PERSONAL INFORMATION
7.HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
7.1 Our shopping pages will guide you through the steps you need to take to place an order with us. Our order process allows you to check and amend any errors before submitting your order to us. Please take time to read and check your order at each page of the order process.
7.2 After you place an order, you will receive an e-mail from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted. As we do not formally accept your offer until your order has passed our internal validation procedures for the prevention of fraud and for confirmation with our suppliers that they are able to supply the shoes you have designed.
7.3 We will notify you separately once your order has been processed by sending an order confirmation email (the "Confirmation").
7.4 The Contract, based on these Terms, between us will only be formed when we send you the Confirmation where we provide you with the first update on the making of your shoes.
7.5 If we cannot process or accept your order after payment is received, for example because that certain component is no longer available or because of an error in the price on our site, we will contact you by email or telephone to either change the order, or refund you the full amount charged as soon as possible.
7.6 If you have opted to use our Personal Casting Service, you will receive a personal cast number (the "Cast Number") which may be used to size your future orders.
7.7 Subject to these Terms, we will supply to you the Products on your Confirmation
7.8 Information contained on this Website constitutes an invitation to treat. No information on the Website constitutes or should be deemed as an offer by us to supply any shoes or other products. However the Company will make every effort to supply the Products to you, or other items you have selected for purchase.
7.9 The Company and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
8.OWNERSHIP OF PRODUCTS
8.1 Ownership of the Products will only pass to you when we have received and processed the full, authorised and non-fraudulent payment from you. Until then, we will retain the legal ownership of the products.
8.2 We only supply the Products for domestic and private use. You agree not to use the Products for any commercial, business or resale purposes.
9.1 We accept payments in more than 100 currencies globally, so you can choose the price to be quoted on our website in your own currency and subsequently be charged in your local currency. You can pay for your order using almost any credit card and debit card and your card will be debited for the products and all applicable delivery charges once the order has been accepted.
9.2 If you decide to make a purchase from the Website, you agree to promptly pay the associated fee. You acknowledge that if you trigger a “chargeback” through your credit card provider we reserve the right to no longer to conduct business with you.
9.3 We will not be liable for delay or cancellation of your order in the event that we are unable to obtain authorisation for any payment that you make for any reason.
9.4 Our transaction provider Stripe, employs the latest secure server technology to ensure this information is protected to the highest standards. Encryption is used to safeguard your credit card information and only orders from web browsers that permit communication through Secure Socket Layer (SSL) technology are accepted - this means you cannot inadvertently place an order through an unsecured connection. Most web browsers above version three support this security. This encryption makes it virtually impossible for unauthorised parties to read any information that you send us. The encryption technique used is the highest standard available for e-commerce and certified by VeriSign, the world's most respected certification body for Internet firms. All orders are then processed by Stripe on computers that are not connected to the Internet.
9.5 However, the Company will not be responsible for any damages, consequential losses (whether direct or indirect) suffered by a customer whose credit card is fraudulently used or is used in an unauthorised manner as a result of using this website.
10.1 You acknowledge that all discounts arising from promotional offers are applied to transactions amounts after any existing account credit or gift certificate credit has been deducted from the total amount of your order.
10.2 Only one promotional offer can be used per order.
10.3 Solely Original reserves the right to verify the validity of the Promotional Offers redeemed by you at any time. If we have any reason to believe that there has been unauthorised use of a Promotional Offer then we can revoke this offer and cancel your order at our discretion.
10.4 All promotions will have an expiry date. Please refer to the original promotion source for this information.
11.1 The price of the Products are as displayed on the Website at the time of checkout.
11.2 If you have opted to purchase Bespoke Shoes, the cost of the Bespoke Shoes will include the additional cost for the use of the 3D foot scanner or Personal Casting Service.
11.3 VAT is charged as per clause 13.
11.4 Free delivery is available for some countries. Please check the shipping cost to your destination country with our calculator on the shipping page.
11.5 All deliveries are sent by DHL and Royal Mail and typically take 4 to 6 weeks from the point of order being accepted. Full courier tracking details are sent to you as the order is dispatched.
11.6 The Company will take all reasonable care to ensure there are no errors in the pricing of the products. However, due to the extensive combination of materials and designs available on the Website, there may be occasions where the price displayed is incorrect. Should this occur, the Company will contact you and offer the option of:
a. continuing to purchase the product at the correct price; or
b. cancelling your purchase.
11.7 Your order will not be processed until we have your instructions. If no response is heard within 2 weeks, the order is deemed as cancelled and a cancellation email will be sent to you. If you chose to cancel the order but you have already paid for the goods, you will receive a full refund shortly afterwards.
12.1 You agree and acknowledge that, if your offer is accepted by us in accordance with these terms and conditions that we are contracting to arrange for the delivery of the relevant products to your delivery address.
12.2 We will make every effort to deliver the goods to you in accordance with the projected time of your personal timeline; however, the Company cannot guarantee this. If you have chosen to use the Personal Casting Service the time frame for delivery of your Products will depend on when you return the casts sent to you for fittings. The Company will not be liable for any delays in delivering your Products due to the non-delivery of casts, your delay in returning the casts, or any other actions which cause the Company to receive the casts later than as projected on your personal timeline.
12.3 If delivery is affected by an Event Outside Our Control (see clause 12.4), we will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Contract.
12.4 An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks including disruptions in air travel.
12.5 If an Event Outside Our Control takes place that affects the performance of our obligations under the Contract, we will contact you as soon as possible to notify you. Our obligations under the Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
12.6 Once your order has been dispatched, we will email you the shipping confirmation of each item including a tracking number.
12.7 If you have opted to have your order prioritised (the "Express Service") which includes paying an additional fee (the "Express Service Charge"), the Company will endeavour to have your order made and delivered within 14 working days.
12.8 If you have not opted to have your order prioritised (the "Standard Service"), Solely Original will endeavour to have your order made and delivered within 4-6 weeks from the date your payment is received.
12.9 Express Service is only available in the UK at the moment.
12.10 Any Products which require any further attention, additional craftsmanship or sourcing of external materials where additional comments or requests impede or delay the production will result in forfeiture of the Express Service. The Company is unable to refund the Express Service Fee in this instance.
12.11 All delivery times and personal timeframes are estimates only. Time for delivery is not of the essence. To the extent permitted by law, the Company will not be liable for any delay or inability to deliver your order within the estimated timeframe.
12.12 If the Company can no longer deliver the Products within the Express Service timeframe due to production taking longer than advised, and this is not as a result of the reasons as given in clause 12.10 or due to an Event Outside of Our Control, we will refund the Express Service Charge.
12.13 If the Products are delivered within the Express Service timeframe, but unexpectedly held up by local Customs, and as a consequence do not meet the Express Service timeframe, we cannot refund the Express Service charges.
12.14 If the Products are delivered within the Express Service timeframe, but the delivery is unsuccessful as no-one is present to sign for delivery, or similar, causing delivery to fall outside of the Express Service timeframe, we cannot refund the Express Service charges.
12.15 The Company makes every effort to the Products or items purchased from the Website according to the estimated delivery times provided at checkout. However, please note that time is not of essence for delivery.
12.16 Delivery of an order shall be completed when we deliver the products to the address you specified and the products will be your responsibility from that time.
13.CUSTOMS AND DUTIES
13.1 If your delivery address is within the EU, then the total price of your order will include UK Value Added Tax (VAT) of 20% at the current rate chargeable for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect.
13.2 All the goods are located outside the United Kingdom when an order is placed. For all EU countries, the Company will be the importer of record for the purpose of customs and border processing. As the importer of the goods, we agree to pay such taxes to the relevant authority and such tax will not be charged to you. If the relevant authorities in your country asks you to pay taxes or duties when your shoes are delivered, please contact the Company and we’ll rectify this for you.
13.3 If your delivery address is outside of the EU, then no VAT will be charged and this will be reflected in your order total. All deliveries outside of the EU may be subject to custom clearance charges, import duties and taxes which are applied when the delivery reaches that destination. These are determined by the authorities in the destination country and will be your responsibility. Solely Original has no control over these charges so unfortunately we cannot predict what they might be. If you want to check how much the charge might be before placing your order, you may be able to get an estimated calculation on this link http://www.dutycalculator.com/
13.4 You must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable or responsible if you break any such law.
13.5 Non-delivery: Once the order is shipped to its delivery address and delivery is refused due to your refusal to pay tariffs and taxes, and/or you are unavailable for delivery after a number of attempts, you will be responsible for all return import tariffs, taxes, and shipping and handling fees to send the item(s) back to us and these will be billed to the original method of payment.
14. RECEIPT OF GOODS
14.1 Upon receipt of your ordered products, we require you to examine the products and you will in any case be deemed to have done so after a period of two weeks. We shall not be liable for any non-delivery of any products unless you have given us written notice of the non-delivery within seven working days of the date when the goods would or should, in the ordinary course of events, have been received by you. Our liability for the non-delivery of any products shall be limited to replacing the products within a reasonable time or issuing a credit note or voucher against any invoice raised, or payment made, in respect of such products.
14.2 It is a signed for service so a parcel will not be left without a signature. If for any reason your parcel is undeliverable it will be returned to the warehouse and you will be liable for the return cost and any additional postage. You will be given the option to add an additional delivery address to avoid this happening.
15.RETURN AND GUARANTEE
15.1 Any issues with the Products must be notified to Solely Original at the email address email@example.com within 14 days. There may be an option to adjust or remake the Products at no extra charge. We require the Products to be returned to us in an unworn condition. Please contact us for this address.
15.2 We cannot offer refunds for Bespoke/Customised Shoes supplied unless we find the Products faulty. We are only able to remake/adjust Products that are returned in an unworn/unmarked condition, so we suggest trying your Products on carpet only. Please contact us and we will help you arrange the return.
15.3 If you require a remake or adjustment, please submit the Returns Form for your shoes via your Orders page.
15.4 All items are thoroughly checked before shipping, if you consider your item to be Faulty on arrival, please contact us by emails within 14 days of receipt of goods.
15.5 Products returned worn or damaged will not be replaced. We reserve the right to use our discretion when deciding whether to replace or repair faulty and damaged products.
15.6 If you believe your Products to be faulty, you will be required to return the Products to us for a technical assessment to determine whether the Products fall within our Faulty Goods Category.
15.7 Products fall within our Faulty Goods Category if:
15.7.1 they are received damaged; or
15.7.2 where a manufacturing fault occurs within six months of purchase.
15.8 We will make an assessment as to whether your Product is Faulty after a technical examination of your Product.
15.9 Damage to the Products caused by wear and tear is not considered Faulty. For all faulty items outside of our Returns policy, please contact us.
15.10 We will provide you with details of how and where to send the package. If your Products fall within our Faulty Goods Category, they will be repaired/remade free of charge and returned to you as quickly as possible. In this instance your postage costs will also be reimbursed.
15.11 If the Products do not fall within the Faulty Goods Category, we will confirm a repair cost for you.
15.12 If the Products do not fall within the Faulty Goods Category and you do not wish Solely Original to repair them for you, you will incur the standard postage cost of returning the Products to you.
15.13 The above warranty does not apply to any defect in the products arising from:
a.fair wear and tear;
b.wilful damage, abnormal working conditions, accident, negligence by you or by any third party;
c.any alteration or repair by you or by a third party who is not one of our authorised repairers; or any specification provided by you.
15.14 In the event your shoes require a remake or an alteration where the original order was made with Express Service, this Express Service will be transferred to a remake or alteration order with a refund of the Express Charge, provided the reason for remake or alteration fits into one of the following categories:
c.Colour (where the colour is completely different from the selected colour option, however, a slight difference in the colour shade would not fall into this category see clause 2.3 )
15.15 Express Service will not transfer from an original order to its remake, nor an alteration granted Express Service, if the remake or alteration reason falls under any of the following categories:
a.Occasion (shoes not suitable for occasion ordered for)
b.Time (where we missed the customer’s deadline, but fulfilled our Express Service obligations)
d.Cancelled (if the shoes are already in production stages)
g.Missing the Express Service timeframe
15.16 Once an order has been placed, it cannot be cancelled or refunded. If you have made a mistake on your order, please contact us as soon as possible. If your orders have not yet gone into production at our workshop, we will endeavour (although cannot guarantee) to make any adjustments necessary to your order.
15.17 Please do not send anything back without first letting us know. If returning from outside of the European Union it is your responsibility to fill in a CN22 customs form. You must mark clearly that the item is returned goods “Returning Goods to Sender”, or a repair, as applicable on the customs form and parcel itself as this will stop the parcel being subject to customs charges. Packages returned without a CN22 customs form or which don’t state that the items are returned goods will either be rejected & returned to sender or charge the fees back to you. This will also result in a delay with your alteration being processed.
15.18 Please remember to ask your post office for proof of postage and retain it for your reference as we are not liable for goods lost in transit.
15.19 As a gesture of goodwill, Solely Original covers the additional shipping costs once (one return journey from your address) of a returned Product due to subsequent corrections.
16.SHOE DESIGNS AND COMMENTS
16.1 Except as otherwise provided elsewhere in these Terms or on the Website, anything that you submit or post to the Website and/or provide Solely Original, including without limitation, shoe designs, ideas, know-how, techniques, questions, reviews, comments, and suggestions (collectively, "Submissions") is and will be treated as non-confidential and non-proprietary, and Solely Original shall have the royalty-free, worldwide, perpetual, irrevocable and transferable right to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, create derivative works from such Submissions by any means and in any form, and to translate, modify, reverse-engineer, disassemble, or decompile such Submissions.
16.2 All Submissions shall automatically become the sole and exclusive property of Solely Original. You also grant Solely Original the right to publicly use the name that you include with any Submission when we refer to that Submission. You represent and warrant that you own or otherwise control all of the rights to any Submissions you make on the Website and that your use of your Submissions by Solely Original will not infringe upon or violate the rights of any third party. You shall not use a false e-mail address, pretend to be someone other than yourself or otherwise mislead Solely Original or third parties as to the origin of any Submissions or Content. Solely Original may, but shall not be obligated to, remove or edit any Submissions (including comments or reviews) for any reason.
17.1 The intellectual property rights in all software and content made available to you on or through this Website remain the property of Shoe In (UK) Limited and are protected by copyright laws and treaties around the world. All such rights are reserved by Shoe In (UK) Limited.
17.2 All materials contained on the Website including but not limited to the text, images, names and logos identifying Solely Original products and services are subject to various forms of intellectual property including but not limited to any copyright, design rights and trademarks that Solely Original is or may be entitled to. Nothing contained in these terms shall be construed as conferring by implication or otherwise any license or right to use any trademark, patent, design right or copyright or other intellectual property right of Solely Original.
17.3 You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise. You shall not modify, translate, reverse engineer, decompile, disassemble or create derivative works based on any software or accompanying documentation supplied by Shoe In (UK) Limited. No license or consent is granted to you to use these marks in any way, and you agree not to use these marks or any marks, which are similar without the written permission of Shoe In (UK) Limited.
17.4 We will be delighted to receive your designs, ideas, suggestions, submissions, proposals or ideas (a “Communication”) regarding the Website or our products but any such Communication of any kind that is sent to us, whether by invitation or otherwise, is deemed be non-confidential and non-proprietary and anyone sending, supplying or causing such information to be sent to us will be deemed to do so in a non-confidential way.
17.5 By sending us a Communication you grant us, royalty-free, all rights and interests in that you may have in the Communication and/or its contents and acknowledge that we may not return it to you or enter into any further correspondence with you in connection with the Communication. Furthermore, by sending us a Communication you warrant that you own the rights to the Communication and you agree to indemnify us against any and all claims arising from your sending us a Communication.
18.1 You may only transfer your rights or your obligations under these Terms, whether in whole or in part, to another person if we agree in writing. Any unauthorised assignment shall be deemed null and void. However if you are a consumer and you have purchased a product as a gift, you may transfer the benefit of our warranty in Return Policy to the recipient of the gift without needing to ask our consent.
18.2 You may not copy, broadcast, republish, download, reproduce, post, transmit, make available to the public, or otherwise use the content of the Website in any way or for any reason other than your own personal, non-commercial use. You agree not to adapt, alter or create any work derived from the Website except for your own personal, non-commercial use. If you wish to request permission to use any content of the Website, please write to us request written permission. We reserve the right to refuse all or any requests on whatever grounds and we are not obliged to give you reasons for our refusal.
19.DISCLAIMER AND LIABILITY
19.1 Whilst every effort has been made to ensure the information contained within this Website is correct, Solely Original makes no warranty as the accuracy, comprehensiveness, or correctness of any material, and provides all material on an "as is" basis.
19.2 The information contained in our Website is provided for general information purposes only and does not constitute legal or other professional advice in relation to any particular situation.
19.3 Solely Original, including our directors, shareholders, employees, agents, contractors, and other third parties involved in the administration of the Website, to the maximum extent permitted by law, disclaim all liability and responsibility for any loss or damage (regardless such loss or damage are foreseen, foreseeable, unknown or otherwise) that might be suffered by you or any third party caused by the Website or the products sold on it including, without limitation, loss or damage suffered as a result of negligence.
19.4 We make no representation or warranty whatsoever that the content or functions of the Website or the server which makes its content available will be error or virus free, providing an uninterrupted service, or that faults will be corrected.
20.GOVERNING LAW AND SEVERABILITY
20.1 This contract will be governed by and interpreted in accordance with the laws of England and Wales, UK. Any disputes or proceedings arising out of your use of the Website, or the products purchased on it shall be subject to the exclusive jurisdiction of the English courts.
If a provision of these Terms and Conditions is held to by any competent authority to be unlawful, void or unenforceable the validity of the other provisions of these Terms and Conditions and the remainder of the provisions in question shall not be affected.