Terms and conditions of use
Last Updated / Effective Date: December 1, 2020
BY ACCESSING OR USING THIS SITE OR BY PLACING AN ORDER FOR PRODUCTS OFFERED ON THIS SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO COMPLY WITH THESE TERMS. IF YOU DO NOT AGREE TO COMPLY WITH THESE TERMS, DO NOT ACCESS OR USE THE SITE. WE MAY MODIFY THESE TERMS AT ANY TIME. ALL CHANGES WILL BE EFFECTIVE IMMEDIATELY UPON POSTING TO THE SITE. MATERIAL CHANGES WILL BE CONSPICUOUSLY POSTED ON THE SITE OR OTHERWISE COMMUNICATED TO YOU. BY USING THE SITE AFTER CHANGES ARE POSTED, YOU AGREE TO THOSE CHANGES.
ARBITRATION NOTICE; CLASS WAIVER; WAIVER OF TRIAL BY JURY. THESE TERMS CONTAIN A PROVISION REQUIRING YOU TO RESOLVE DISPUTES BY BINDING ARBITRATION ON AN INDIVIDUAL BASIS. YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND XANKLA WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION AND YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
- Use of Site. We provide you with the ability to access and use the Site for your personal use, including to purchase our products, provided you comply with these Terms. You are responsible for purchase of, and payment of charges for all Internet and communications services needed to access and use the Site.
- Intellectual Property Rights. The “Site” includes its text, audio, video, graphics, charts, photographs, interfaces, icons, software, computer code, databases, trademarks, logos, slogans, names of products and services, documentation, other components and content, and the design, selection, and arrangement of content. The Site is exclusively the property of Xankla or its licensors. The Site is protected by copyright, trademark, and other intellectual property laws. Any unauthorized use of the Site or related intellectual property belonging to Xankla or any third party is strictly prohibited. The Site may contain references to third-party marks and copies of third-party copyrighted materials, which are the property of their respective owners.
Copyright © 2020 Xankla Shoe Company. All rights reserved.
- Accounts. You may create a Xankla account ("Account") when you access or use the Site. All access to and use of your Account is governed by these Terms. In order to use your account, you agree to provide us certain personal information, including your name and email address, shipping and billing addresses and historical purchase history. You agree that any personal information you provide will be true, current and complete information. When you create an Account, you will be asked to create a user name and password. You must keep your username and password confidential. You are responsible for all activities that occur under your Account. If you believe that your Account has been compromised, you must immediately contact us at firstname.lastname@example.org.
- Product Information and Colors and Availability. We attempt to display the products which are offered for sale and their colors on our Site in a manner which is as accurate as possible. However, the actual colors you see will depend on your monitor. We cannot guarantee that the color of the product you choose will be the same as is displayed on your monitor. Product descriptions are subject to change without notice at any time. In some cases, merchandise displayed on the Site may not be available or may not be available in our stores. All offers on the Site are void where prohibited by law. Advertised prices and available quantities may change at any time without notice to you. In the event a product is listed at an incorrect price (due to typographical error), we shall have the right to refuse or cancel any orders placed for such product. Some products may not be available in certain areas. The data contained on the Site may contain technical inaccuracies or typographical errors or omissions.
If the credit, debit card information or the PayPal, AfterPay, or Amazon Pay account information that you submit is incorrect or invalid, your payment will not be processed. We will not be liable if a card issuer refuses to accept a credit or debit card or a payment processor refuses to process a transaction for any reason. All credit and debit card information is provided directly to our PCI-compliant third-party payment processor.
- Order Process. Only orders for products placed and shipped within the United States will be honored. When you place an order, we will send a confirmation of receipt Xankla. However, we do not actually accept your order until we ship the order. You may place an order for personal use and not for resale. We reserve the right to reject and cancel your order prior to shipment for any reason including but not limited to pricing errors, insufficient or incorrect payment information, insufficient or incorrect billing information, insufficient or incorrect shipping information, suspected fraudulent activity, previous fraudulent order history, or because the order is deemed to possess characteristics of reselling. If your credit card has already been charged for the purchase and your order is canceled, we will issue a credit to your credit card account in the amount of the charge.
- Terms of Sale; No Resale. Nothing on this Site constitutes an offer, but an invitation by you to make an offer to purchase products through the Site. The inclusion of any products or services on this Site at a particular time does not imply or warrant that these products or services will be available at any time. All orders are subject to acceptance by Xankla as quantities are limited and we may decline an order for any reason, including if we are unable to fill it or if we believe your order is in violation of these Terms or is otherwise fraudulent. Resale of products purchased through this Site is expressly prohibited.
- Shipment and Returns. For questions regarding shipping and returns of our products, please visit our Shipping Policy available at https://xankla.com/mx/content/6-shipping-returns
- Title Transfer. Risk of loss and title for products purchased from this Site pass to you upon delivery of the purchased products to the carrier. Conversely, we do not take title to returned products until the product is received at our fulfillment center. At our discretion, a refund may be issued without requiring a return. In this situation, we do not take title to the refunded product. We are not responsible for any additional products that might accompany your returned products. Any such products are subject to destruction, and we have no obligation to return them to you. For clarity, you are responsible for filing any claims with carriers for damaged and/or lost shipments.
- Children's Information. This Site is not directed at children under the age of thirteen (13) years old. If you are under thirteen (13) years old, you must immediately stop using this Site. Further, you must be at least the age of majority in your place of residence to place an order on our Site (typically this is 18 or 19 years old). If you are not the age of majority, do not place an order for products on our Site.
- Termination. If you violate applicable laws or these Terms, you are immediately prohibited from further use of the Site, and we may restrict your access to the Site or your Account. Xankla may suspend or terminate the Site or your Account, in whole or in part, at any time in its sole discretion for any reason. Xankla shall not be liable to you or anyone else for any damages arising from or related to Xankla ' suspension or termination of your access to the Site or your Account, or in the event Xankla modifies, discontinues or restricts the availability of the Site or your Account (in whole or in part).
- Site Unavailability. Without limiting the generality of the previous section, the Site or your Account may be unavailable or limited for various reasons, and we shall not be liable to you for any such unavailability, including without limitation (a) hardware, software, server, network, or telecommunications failures, (b) severe weather, war, riot, act of God, pandemics, quarantines, fire, earthquake, strike, labor shortage, etc., (c) regulatory restrictions and other acts of government, (d) interruptions due to utility and power companies, and (e) interruptions due to hacking or other malicious intrusion.
- Cooperation with Law Enforcement. Xankla will cooperate with law enforcement if you are suspected of having violated applicable laws. YOU WAIVE AND HOLD XANKLA AND THE XANKLA PARTIES HARMLESS FOR ANY COOPERATION WITH, OR DISCLOSURE OF YOUR INFORMATION TO, LAW ENFORCEMENT RELATING TO YOUR SUSPECTED VIOLATION OF APPLICABLE LAWS.
- Text Messaging; Data Rates; Functionality. We use the vendor BounceX for SMS and text messaging services. If you elect to receive marketing text messages from us, either via our Site or by sending a text message indicating your consent, you are providing your prior express written consent to receive recurring marketing or promotional SMS text messages from us (each, a “Text Message”) sent through an automatic telephone dialing system. This service is optional and is not a condition for purchase. You can opt out of receiving any further Text Messages from us at any time by replying “STOP” to any Text Message you receive from us. For help, reply “HELP” to any Text Message you receive from us or email email@example.com.
In addition to any fee of which you are notified, your mobile provider’s standard message and data rates may apply to our confirmation Text Message and all subsequent Text Message correspondence according to your individual rate plan provided by your wireless carrier. Please consult your mobile service carrier’s pricing plan to determine the charges for browsing data and sending and receiving Text Messages. Under no circumstances will we or our affiliates be responsible for any SMS messaging or wireless charges incurred by you or by a person that has access to your wireless device or telephone number. If your carrier does not permit SMS messages, you may not receive the Text Messages.
By signing-up to receive Text Messages, you are representing that you own or have the exclusive right to use the phone number you provide to us. If you change or deactivate the phone number you provided, you have an affirmative obligation to update your account information and the phone number(s) attached to your account to prevent us from inadvertently communicating with anyone who acquires any phone number(s) previously attributed to you, and any new phone number(s) you attach to your account may receive our standard marketing Text Messages unless you also unsubscribe via the above procedures.
- Compliance with Laws. When you use the Site, you are responsible for complying with all applicable laws, regulations, and policies of all relevant jurisdictions, including all applicable rules regarding online conduct.
- Restrictions on Your Use of the Site.
- You will not copy, reproduce, display, duplicate, sell, publish, post, license, rent, distribute, modify, translate, adapt, reverse-engineer, or create derivative works of the Site or any part of the Site without Xankla ' prior written consent.
- You will not use the Site for unlawful purposes.
- You warrant that all data you provide to us in connection with your access to and use of the Site is true, accurate, and complete.
- You will not submit inaccurate, incomplete, or out-of-date data via the Site, commit fraud or falsify data in connection with your use of the Site, or act maliciously against the business interests or reputation of Xankla.
- You will not engage in data mining or similar data gathering or extraction activities or retrieve data or other content from the Site for purposes of creating or compiling that content for any purpose.
- You will not access, use, or copy any portion of the Site, including any of its content, through the use of indexing agents, spiders, scrapers, bots, web crawlers, or other automated devices or mechanisms.
- You will not use the Site to post, transmit, input, upload, or otherwise provide any data or material that contains any viruses, worms, Trojan horses, logic bombs, time bombs, cancelbots, malware, ransomware, adware, or other harmful computer code or programming routines, including those designed to or that reasonably may disable, damage, impair, interfere with, surreptitiously intercept, or expropriate the Site or any computers, hardware, software, system, data, or networks.
- You will not engage in activities designed to render the Site or associated services inoperable or to make their use more difficult.
- You will not use the Site contrary to the purposes for which it was made available to you by Xankla, or for any purposes which that Xankla deems objectionable.
You grant Xankla, its affiliates and third party service providers who provide hosting and content management services to Xankla (collectively, the “Licensed Parties”) the perpetual, irrevocable, royalty-free, fully-paid, non-exclusive, transferable right and license to use (and to authorize others to use) your User Generated Content in any manner in our sole discretion (including, but not limited to, use on our Site, social media sites, or for our marketing, advertising and promotional activities), in any media now or hereafter known.
We may use, display, reproduce, distribute, transmit, create derivative works from, combine with other materials, alter and/or edit your User Generated Content in any manner in our sole discretion. You grant Xankla the right to use your username, real name, image, likeness, caption, location or other identifying information in connection with any use of your User Generated Content.
You will not provide such User Generated Content unless: (i) you own or have all legal rights to submit the User Generated Content, (ii) you have permission from all person(s) appearing in your User Generated Content necessary for Xankla to use such User Generated Content without need for payment to you or any other person or entity, (iii) you and all person(s) appearing in your User Generated Content are not minors, (iv) our use of the User Generated Content will not violate the privacy or intellectual property rights of any third party, and (v) your User Generated Content will not contain personal information or the likeness of another person, (vi) your User Generated Content may not include material that is unrelated to the goods or services offered by or available at the Site, (vii) the User Generated Content may not be false or misleading, (viii) the User Generated Content may be not libelous, harassing, abusive, obscene, vulgar, sexually explicit, inappropriate with respect to race, gender, sexuality, ethnicity or other intrinsic characteristic, or otherwise unlawful, and (ix) the User Generated Content does not violate the Prohibited Uses described above in these Terms.
We have no obligation to pay you or any third party any compensation for any User Generated Content, to use or respond to your User Generated Content or to identify you in connection with any such use. We may remove or reject User Generated Content at any time. User Generated Content Disclaimer. The User Generated Content may not represent the views of Xankla. We do not endorse the User Generated Content. We cannot confirm the accuracy or credibility of any User Generated Content and we will not be liable to you or any third party for any actions you may take as a result of reading User Generated Content. While we prohibit certain content with regard to the User Generated Content, some people may find such content offensive, objectionable, harmful, inaccurate or deceptive. Social Media: Links to Xankla ' social media pages (e.g., Facebook, Twitter, Instagram, and YouTube) are included on the Site ("Social Media Pages"). Because anyone may post or tag on Social Media Pages, posts do not necessarily reflect our views. We reserve the right to remove anything from our Social Media Pages that we deem in our sole discretion. We may also take steps to block users from access to our Social Media Pages who violate these Terms. If we follow, like, re-tweet, favorite, share, or re-post an individual's content on its Social Media Pages, that is not an endorsement of that third party or any product, service or company they represent. Feedback. Xankla welcomes comments regarding the Site and our products. If you submit comments or feedback to us regarding the Site or our products, they will not be considered or treated as confidential. We may use any comments and feedback that you send us in our discretion and without attribution or compensation to you. Governing Law; Venue. These Terms are governed by the laws of the state of Wisconsin, without regard to its conflict of laws principles. Except with regard to disputes which are subject to arbitration under this Agreement, venue for any other dispute arising under this Agreement is exclusively in the state or federal courts located in Milwaukee County, Wisconsin with respect to any dispute arising under these Terms and you expressly agree to the exclusive jurisdiction of those courts. Any cause of action or other claim with respect to the Site must be commenced within one year after the cause of action or claim arises. The United Nations Convention for the International Sale of Goods does not apply. ARBITRATION AGREEMENT; CLASS WAIVER; WAIVER OF TRIAL BY JURY. PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY REQUIRE YOU TO ARBITRATE DISPUTES WITH XANKLA ON AN INDIVIDUAL BASIS AND LIMIT THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.
- Applicability of Arbitration Agreement.
- Any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity hereof, including the determination of the scope or applicability of these Terms to arbitrate (hereinafter, collectively, the “Dispute”), which cannot be resolved informally, shall be resolved by binding arbitration on an individual basis under the terms set forth below (the “Arbitration Agreement”).
Notwithstanding anything to the contrary however, you and Xankla each retain the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s intellectual property rights. The institution of any action for injunctive relief shall not constitute a waiver of the right or obligation of any party to submit any claim seeking relief other than injunctive relief to arbitration.
If you believe that anything on the Site infringes any copyright that you own or control, please see our Digital Millennium Copyright Act (“DMCA”) Policy found here https://www.xankla.com/shop/dmcaPolicy.html and follow the procedures described in that policy. Our DMCA Policy only applies to those located in the United States. DISCLAIMER OF WARRANTIES. NEITHER XANKLA NOR ITS AFFILIATES, SUPPLIERS, OR LICENSORS ARE RESPONSIBLE FOR PROVIDING MAINTENANCE OR SUPPORT SERVICES FOR THE SITE. XANKLA MAKES COMMERCIALLY REASONABLE EFFORTS TO ENSURE THAT ALL MATERIAL, DATA, AND OTHER INFORMATION ON THE SITE OR SHIPPED WITH YOUR ORDER IS ACCURATE AND RELIABLE, BUT NEITHER ACCURACY NOR RELIABILITY CAN BE GUARANTEED. XANKLA DOES NOT WARRANT OR GUARANTEE THE QUALITY, COMPLETENESS, TIMELINESS, OR AVAILABILITY OF THE SITE OR ANY PRODUCTS. XANKLA DOES NOT WARRANT OR GUARANTEE THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS IN THE SITE WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKE THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL CONDITIONS OR COMPONENTS. XANKLA IS NOT RESPONSIBLE FOR ANY TYPOGRAPHICAL ERRORS ON THE SITE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, XANKLA EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND WITH RESPECT TO THE SITE AND ALL PRODUCTS AND SERVICES LISTED OR PURCHASED ON OR THROUGH THE SITE, INCLUDING WITHOUT LIMITATION THOSE REGARDING AVAILABILITY, QUALITY, ACCURACY, MERCHANTABILITY, FITNESS FOR ANY USE OR PURPOSE, COMPATIBILITY WITH ANY STANDARDS OR USER REQUIREMENTS, TITLE, NONINFRINGEMENT, AND ANY ARISING FROM A COURSE OF DEALING OR USAGE IN TRADE. XANKLA EXPRESSLY DISCLAIMS ALL LIABILITY FOR CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, AND IMPROPER PRODUCT SELECTION. XANKLA HAS NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MISDELIVERY, OR FAILURE TO STORE ANY USER COMMUNICATION. NO ADVICE OR INFORMATION, ORAL OR WRITTEN, OBTAINED BY YOU FROM XANKLA OR IN ANY MANNER FROM THE SITE CREATES ANY WARRANTY.
WE MAKE NO REPRESENTATION THAT THE SITE IS APPROPRIATE OR AVAILABLE FOR USE IN LOCATIONS OTHER THAN THE UNITED STATES. IF YOU CHOOSE TO ACCESS OR USE THE SITE FROM LOCATIONS OTHER THAN THE UNITED STATES, YOU DO SO AT YOUR OWN RISK AND YOU ARE RESPONSIBLE FOR COMPLYING WITH APPLICABLE LAWS AND REGULATIONS.
YOUR USE OF THE SITE IS AT YOUR OWN RISK AND YOU, ALONE, ARE RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER HARDWARE, SOFTWARE, SYSTEMS, AND NETWORKS, ANY LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY DATA FROM THE SITE, AND ANY OTHER DAMAGE THAT MAY BE INCURRED. WE EXPRESSLY DISCLAIM, AND YOU WAIVE, ANY LIABILITY ARISING FROM INTRODUCTION OF A VIRUS OR ANY OTHER MALWARE INTO YOUR COMPUTER OR DEVICE IN ANY WAY RELATING TO THE SITE OR YOUR PURCHASE OR PRODUCTS THROUGH THE SITE. LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL XANKLA, ITS AFFILIATES, OR ITS OR THEIR RESPECTIVE DIRECTORS, OFFICERS, OWNERS, EMPLOYEES, CONTRACTORS, REPRESENTATIVES, CONSULTANTS, AGENTS, SUPPLIERS, OR LICENSORS (TOGETHER, “XANKLA PARTIES”) BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL LOSS OR DAMAGE, OR ANY OTHER LOSS OR DAMAGE OF ANY KIND, ARISING OUT OF OR IN CONNECTION WITH ANY PRODUCTS OR THE SITE OR YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SITE (INCLUDING WITHOUT LIMITATION THE INPUT OF PERSONAL AND OTHER DATA INTO THE SITE), REGARDLESS OF THE FORM OF ACTION, WHETHER THE CLAIM IS BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, WARRANTY, OR OTHERWISE, AND EVEN IF A XANKLA PARTY HAS EXPRESS KNOWLEDGE OF THE POSSIBILITY OF THE LOSS OR DAMAGE.