Introduction
These Terms and Conditions (“Terms”) govern your access to and use of the xappeals.shop website (the “Site“) and any content, functionality, products and services offered on or through the Site, whether as a guest or a registered user (“you”) by Xappeal® Shoes, Boots, Sandals, Black Lace-Up Boots (“Xappeal”, “we“, “us” or “our“).
Please read these Terms carefully before using the Site. By using the Site, you agree to be bound by these Terms. If you do not agree with all of the Terms, do not access or use the Site.
Use of Site
Eligibility: You must be at least 18 years of age to use the Site. By using the Site, you represent and warrant that you have the right, authority, and capacity to enter into these Terms.
Site Access: We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Site in accordance with these Terms. Your use of the Site must be compliant with all applicable laws.
Account Registration: You are not required to create an account to use the Site. If you register for an account, you agree to provide accurate information and to keep your account information updated. You are solely responsible for activity that occurs under your account and for maintaining your account password confidential. You may not create multiple accounts for disruptive or abusive purposes.
Order Placement: You agree that all details provided to complete a purchase are accurate. When you place an order, you are offering to purchase the product. All orders are subject to acceptance, confirmation and availability. Xappeal may impose order quantity limits or reject orders for any reason.
Product Availability: We make reasonable efforts to provide up-to-date availability information, but cannot guarantee that displayed products will be available at the time of order or purchase. If products become unavailable after you place an order, we will notify you and process a refund.
User Content
User Content Definition: “User Content” means any content a user posts, uploads, publishes, submits or transmits to be made available on the Site. User Content includes product reviews, forum comments, videos, images and other content contributed by users.
User Content License: You retain ownership of your User Content, but grant us an irrevocable, non-exclusive, royalty-free worldwide license to use, modify, create derivative works, distribute, publish, and sublicense your User Content in any media or method of communication.
User Conduct: You agree not to use the Site or submit User Content that violates our Content Guidelines or is otherwise unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable. Do not post unauthorized commercial communications or infringe any intellectual property rights.
Removal of User Content: We are not responsible for User Content submitted by third parties. We reserve the right, but not the obligation, to review, screen, delete, edit or remove User Content at any time without notice for any reason.
Intellectual Property Rights
Site Content: All content on the Site including text, software, photographs, graphics, illustrations and other material is our proprietary property or the property of our licensors and is protected by U.S. and international copyright laws.
Trademarks: Xappeal’s trademarks include XAPPEAL and other marks used on or in connection with the Site and Services. All other trademarks appearing on the Site are the property of their respective owners.
No Use By You: You may not sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of any content or materials from the Site without our express written permission.
Purchase Terms
Product Descriptions: We make reasonable efforts to provide accurate information, but some details, sizes, colors and other aspects may vary. We are not liable for typographical errors or omissions related to products.
Prices: All prices are in U.S. Dollars and subject to change without notice. Tax and shipping costs will be added at checkout.
Promotions: Promotional codes, discounts and offers are valid for limited periods only. We reserve the right to discontinue or modify promotions at any time without notice.
Shipping Policy: We will arrange for shipment of your order to you. All shipping details are estimates only; delivery dates are not guaranteed. We are not liable for shipping delays or delivery mistakes.
Returns Policy: If you are not fully satisfied with your purchase, you may request a refund or exchange within 30 days of delivery by contacting us. Customized products are not eligible for return or refund.
Payment Methods: All transactions are processed by trusted third-party payment providers (e.g. Stripe). We do not directly process or store your credit card information.
Disclaimers and Limitations
No Warranties: The site and services are provided on an ‘as is’ basis without warranties of any kind. We make no representations or warranties about accuracy, completeness, safety or timeliness of content.
No Liability for Third Parties: We are not liable for third party websites you access through links or third party content you upload to our site. We cannot guarantee they are free from viruses or other harmful effects.
Limitation of Liability: We will not be liable to you or any third party for any indirect, incidental, consequential, special or punitive damages arising from your access or use of (or inability to access or use) the site or services.
Indemnification: You agree to defend, indemnify and hold harmless Xappeal and its officers, directors, employees, agents from and against any claims, damages, costs and expenses related to your use of the Site or violation of these Terms.
Termination
We reserve the right, with or without notice, to limit, suspend or terminate your access and use of the Site at any time for any reason. We have the right to remove any information or User Content from the Site at our discretion.
Changes to Terms
We reserve the right to modify these Terms from time to time. Updated versions will be posted on the Site with an updated “last modified” date. If we make material changes, we will notify you through the Site or by email. Your continued use of the Site constitutes acceptance of the amended Terms.
Privacy Policy
Please review our Privacy Policy to understand how we collect and use information about you when you access or use the Site.
Miscellaneous
Governing Law: These Terms are governed by the laws of the State of California. You agree to submit to the personal jurisdiction of courts located in California.
Dispute Resolution: If a dispute arises between the parties, we strongly encourage you to first contact us directly to seek resolution. If issues remain unresolved, the parties shall participate in good faith mediation in California before pursuing other remedies.
Entire Agreement: These Terms constitute the entire agreement between you and Xappeal related to your use of the Site.
Severability: If any provision of these Terms is deemed unlawful, void or unenforceable, that provision shall be deemed severable and will not affect the validity of the remaining provisions.
No Waiver: Our failure to exercise or enforce any rights or provisions of these Terms does not constitute a waiver of such rights or provisions.
Assignability: You may not assign, delegate or transfer these Terms or your account, in whole or in part, without our prior written consent. We may assign these Terms to any party at any time without notice.
How to Contact Us
Please contact us with any questions or concerns regarding these Terms and Conditions or your use of this Site:
Xappeal® Shoes, Boots, Sandals, Black Lace-Up Boots
123 Shoe Store St.
Footwear, CA 92101
[email protected]
