Terms and Conditions
These Terms and Conditions constitute a legally binding contract between the consumer ("you") and Fayva Shoes, Inc. ("Fayva Shoes") and apply to the ordering, purchasing, fulfillment and delivery of Direct Import Goods from the top level domain name Fayva Shoes.com ("Website"). Note that this policy applies to individuals who purchase shoes for personal use only i.e. it does not cover any business and wholesale accounts.
Please read the following Terms and Conditions carefully before placing your order. The Terms and Conditions contain important information about ordering, processing, fulfillment and delivery of Direct Import Goods.
You agree to be bound by the Terms and Conditions by accessing the Website, regardless of whether you create an account or make a purchase.
If you breach any of the Terms and Conditions, you are prohibited to continue using the Website.
If you do not agree with any part of these Terms and Conditions, you must leave this Website immediately.
These Terms and Conditions may be updated periodically by Fayva Shoes. Revisions will be posted to this page. You agree to be bound by any revisions.
“Consumer” means an individual who purchases goods and services for personal use.
"Direct Import Goods" means those goods available from Fayva Shoes via the Website.
"Order" means an Order for Direct Import Goods placed via the Website.
"Taxes" means any taxes (including goods and services tax and other value added taxes), levies, imports, charges and duties (including stamp and transaction duties, import and export duties) imposed by any authority together with any related interest, penalties, fines and expenses in connection with a transaction contemplated under these Terms and Conditions.
COMMUNICATION BY US
As a condition of creating an account with Fayva Shoes, you consent to us sending you Administrative Emails and Promotional Emails. In this document:
a) "Administrative Emails" involve details of account activity and purchases you have made.
b) "Promotional Emails" consist of product information, new offers, and information about Fayva Shoes. You may choose to opt-out of receiving Promotional Emails anytime by simply clicking the unsubscribe button at the bottom of our emails and following the instructions.
PLACING YOUR ORDER
You may place an order with Fayva Shoes by completing the order form on the Website and clicking the "Submit My Order" button.
When you place your order, we will issue you with an order number by email. Please note that this is not a confirmation that your Order has been accepted.
By placing an order, you make an offer to us to purchase the shoes you have designed, or other product you have selected, based on these Terms and Conditions.
Information contained on the 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 Fayva Shoes will make every effort to supply the shoes you have designed to you, or other products you have selected for purchase.
We will notify you that your order is being processed by sending an order confirmation email to you. We do not formally accept your offer until your order has passed our internal validation procedures for:
Verifying the bona fides of each order placed, for the purpose of preventing credit card or payment fraud.
Confirming with our suppliers that they are able to supply the shoes you have designed.
Formal acceptance of your offer will occur when we email you confirming your order and, where you have ordered a pair of bespoke shoes, where we provide you with the first update on the making of your shoes.
If we cannot process or accept your order after payment is received, we will contact you by email or telephone.
You warrant to Fayva Shoes that all goods that you order are intended for personal, domestic and non-commercial use only.
You agree and acknowledge that, if your offer is accepted by Fayva Shoes in accordance with these Terms & Conditions, that Fayva Shoes is contracting to arrange for the delivery of the relevant products to your nominated address.
Fayva Shoes is considered the importer of record in respect of those products and you must comply with all laws and regulations of the country in which you are receiving the products.
All Direct Import Goods are located outside Australia when an Order is placed.
Fayva Shoes and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
You agree not to post or transmit to the Website any material which:
Is threatening, defamatory, obscene, offensive, indecent, pornographic, abusive, discriminatory, liable to incite hatred, is in breach of confidence, or privacy, or is proprietary.
Is not properly licensed for use on this Website.
Violates or infringes the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any person.
Constitutes or encourages an illegal act – including criminal or civil liability, or acts which are otherwise prohibited by the law of any relevant country in the world.
Infringes on the rights of a third party in any country in the world.
Has the potential to cause technical damage to the Website, or the equipment of other users of the Website (including, without limitation, viruses, trojans, worms, corrupted data or other malicious data or code).
You agree to not attempt to "hack" the Website or any other websites you do not own. This includes without limitation, trying to guess users passwords, "phishing", accessing "hidden" URLs, attempting to trigger remote code for the purpose of accessing data or material you would not otherwise have access to.
You may not reverse engineer, decompile, or disassemble the Fayva Shoes shoe designer, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
You agree that Fayva Shoes owes no royalty or licence fee to you or any third party for use of material which is posted or transmitted to the Website. This includes but is not limited to images of shoes designed by you using our shoe designer, and photographs of shoes custom made for and sold to you. Fayva Shoes is free to copy, distribute or incorporate such material into the Website for commercial or non-commercial purposes.
ACCESS TO FAYVA SHOES
Fayva Shoes may assign you a password and account identification to enable you to access and use certain portions of the Website. Each time you use a password or identification, you will be deemed to be authorized to access and use the Website in a manner consistent with these Terms and Conditions. Fayva Shoes has no obligation to investigate the authorization or source of any such access or use of the Website. You are solely responsible for all access to and use of the Website by anyone using the password and identification originally assigned to you whether or not such access to and use of the Website is actually authorized by you, including without limitation all, communications and transmissions and all obligations (including without limitation financial obligations) incurred through such use of access. You are solely responsible for protecting the security and confidentiality of the password and identification information assigned to you. You will immediately notify Fayva Shoes of any unauthorized use of your password or identification or any other breach or threatened breach of this Website's security.
If you decide to purchase a pair of shoes or other product from the Website, you agree to promptly pay the associated fee. If you make any purchase in a currency other than your local currency, you may be charged a currency conversion fee, foreign transaction fee and/or processing fee by your bank, credit card provider or financial institution. You acknowledge that if you trigger a "chargeback" through your credit card provider, we reserve the right to no longer conduct business with you.
CREDIT CARD FRAUD
Fayva Shoes, through our transaction providers Adyen and PayPal, employs the Secure Sockets Layer (SSL) technology to protect transactions with our consumers. However, Fayva Shoes will not be responsible for any damages, consequential losses (whether direct or indirect) suffered by a consumer whose credit card is fraudulently used, or is used in an unauthorized manner as a result of using this Website.
DELIVERY OF YOUR PRODUCTS
Fayva Shoes makes every effort to deliver your custom-made shoes or other product purchased from the Website according to the estimated delivery times provided at checkout. The estimated delivery times are in business days (Monday through Friday) excluding Public holidays.
Every effort is made to ship your order according to the estimated delivery times provided. Estimated ship times may vary or change due to changes in supply or circumstances beyond our control. If your custom-made shoes or other product do not arrive within the estimated delivery time, please contact us.
We encourage you to visit the "My Account" section on our Website to view the delivery status of your custom-made shoes or other product.
Unless otherwise agreed by us, we will deliver your custom-made shoes or other product to the address indicated on your order confirmation. If no one is available to take delivery of your order, our carrier may leave a card so you can pick-up your custom-made shoes or other product from a third party address. If you grant authorization for our carrier to leave your delivery without a signature, you release Fayva Shoes and our carrier from all liability. Deliveries lost, stolen or damaged under these circumstances are not covered by the Fayva Shoes Returns Policy for remake or refund, or by our carrier.
We will use our reasonable efforts to deliver your custom-made shoes or other product to you within the estimated delivery time indicated on your order confirmation; however, we do not guarantee that we will deliver within this time frame. To the extent permitted by law, Fayva Shoes will not be liable for any delay or inability to deliver your order within the estimated timeframe.
Risk and Title in Direct Import Goods passes to you on the date and time of delivery of the goods to Fayva Shoes's nominated delivery agent in the country of export.
CUSTOMS AND DUTIES
In respect of an order of Direct Import Goods, Taxes may be levied with respect to the goods by the destination country to which the goods will be delivered and/or the country from which the goods are shipped. For the following destination countries, you will be the importer of record for the purpose of customs and border processing and, as the importer of the goods, you may be required to pay Taxes to the relevant authority in addition to your payment to us of the price:
Brazil, Chile, Croatia, Finland, French Guiana, Greece,Hungary,Iceland,Indonesia,Israel,Latvia,Lebanon,Mexico,Philippines,Poland,Portugal,South Africa,Spain,Sri Lanka,Taiwan, Province of China,Thailand,Turkey
REVIEWS, COMMENTS AND SHOE DESIGNS
Except as otherwise provided elsewhere in these Terms and Conditions or on the Website, anything that you submit or post to the Website and/or provide Fayva Shoes, 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 Fayva Shoes 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. All Submissions shall automatically become the sole and exclusive property of Fayva Shoes. You also grant Fayva Shoes 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 Fayva Shoes 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 Fayva Shoes or third parties as to the origin of any Submissions or Content. Fayva Shoes may, but shall not be obligated to, remove or edit any Submissions (including comments or reviews) for any reason.
Outbound links from this Website are provided for your convenience.
Fayva Shoes has not reviewed these websites in any great detail, and cannot vouch for the content on these pages. You agree to access these links entirely at your own risk.
You are welcome to link to the Website provided you do so tastefully. If we feel your link is not in good taste, or is damaging to our brand (beyond mere criticism), we reserve the right to withdraw the right to link to the Website. You agree to remove the offending link a
Fayva Shoes shall not be liable for any delay in performing any of its obligations under control of Fayva Shoes, and Fayva Shoes will be entitled to a reasonable extension of time for the performance of such obligations.
DISCLAIMER AND LIABILITY
Whilst every effort has been made to ensure the information contained within this Website is correct, Fayva Shoes makes no warranty as the accuracy, comprehensiveness, or correctness of any material, and provides all material on an "as is" basis.
Fayva Shoes, including our partners, directors, officers, shareholders, employees, agents, contractors, and other third parties associated with running the Website, to the maximum extent permitted by law, disclaim all liability and responsibility for any loss or damage 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.
At Fayva Shoes , the importance of protecting your privacy is paramount. We promise to do everything in our power to ensure you shop with us with confidence.
This document describes how we collect, use, disclose and safeguard your personal information. If you have any questions relating to this policy, please do not hesitate to contact us.