Sales Terms

Sales Terms & Conditions - Footwear by Footskins

GENERAL TERMS AND CONDITIONS: All sales of goods and services by Footwear By Footskins (hereinafter "Seller") shall be governed by these Terms and Conditions ("Terms") notwithstanding any other terms or conditions on buyer's ("Buyer") order or quotation form. Seller's performance is expressly made conditional on Buyer's agreement to these Terms and shall not be deemed or construed to be acceptance of any of Buyer's terms and conditions. If Seller and Buyer do not otherwise enter into a separate written agreement, the purchase of any goods or services by Buyer shall be deemed acceptance of these Terms.

PRICING AND PAYMENT: Seller reserves the right to change prices, specifications, and manufacturers/suppliers without notice. Seller shall not be responsible for, and reserves the right to correct, errors in pricing or other errors appearing on its site. Prices on orders accepted by Seller are subject to Buyer paying all federal, state, local or other applicable taxes or duties either directly or indirectly by increased costs. If Buyer shall fail to make payments on any purchase in accordance with the Terms, Seller may defer future shipments until such payments are made or may, at its option, cancel the balance of any unshipped order. Seller reserves the right to refuse all orders deemed unacceptable by reason of terms of payment, financial responsibility, or other business reasons, in its sole discretion. In addition to the total purchase price, Buyer expressly agrees to be liable for interest at the maximum allowable rate under applicable law on past due accounts, and for collection cost, including attorneys' fees, court and any other costs involved in the collection of past due accounts. Seller retains, and Buyer hereby grants a security interest in the goods, including all accessions to and replacements of the goods until Buyer has made payment in full. Buyer shall cooperate fully with Seller in executing such documents, including a Uniform Commercial Code financing statement and accomplishing such filing, and/or recordings thereof, as Seller may deem necessary for the protecting of such security interest.

SELLER'S WARRANTY AND LIABILITY: The goods or services sold by Seller may not be warranted by Seller but instead may be warranted by a third party manufacturer. Any description of the goods provided to Buyer is for illustrative purposes only and is not part of the basis of the bargain nor does it constitute a warranty that the goods shall conform to the description. The provision of any warranty does not apply to any goods which have been used for a purpose for which they were not designed, which have been altered in any manner, used in any way as to adversely affect their performance and reliability, or which have been subject to misuse, neglect, or accident. UNLESS OTHERWISE SPECIFICALLY PROVIDED, SELLER SELLS THE GOODS AND SERVICES WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES OF ANY TYPE. SELLER DISCLAIMS ALL IMPLIED WARRANTIES INCLUDING THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT WILL SELLER'S LIABILITY TO BUYER EXCEED THE AMOUNT PAID FOR THE GOODS BY BUYER. SELLER SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER, WHETHER IN CONTRACT OR TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY).

BUYER'S WARRANTY: Buyer represents and warrants that it is legally able to enter into the proposed transactions with the Seller, that it will pay its debts as they become due, is presently paying its debts in the ordinary course of business, and is not insolvent within the meaning of the federal bankruptcy laws. Buyer agrees to comply with all applicable laws and regulations and will hold harmless and indemnify Seller for any damages resulting to Seller from any breach of these Terms.

SHIPPING: Seller offers shipping to The United States, Canada and other countries. Some products, due to manufacturer's export regulations, may not be shipped to Canada. Seller attempts to screen all products for which this rule applies, however, Seller reserves the right to deny shipment of products that have been ordered, but are later found out to be on the non-export list. Seller will ship all orders via the methods indicated. Title to all goods shall pass to Buyer upon delivery to a common carrier. If Buyer refuses to accept shipment for any reason, Seller is entitled to be compensated for all shipping charges and a processing fee of 15% of order value (but in no case less than $5.00). Seller shall have the right to have any goods delivered to Buyer at one time or in portions from time to time.

RETURNS AND EXCHANGES: We will replace or refund within 30 days provided that the footwear does not show wear.  Our footwear is guaranteed against defects in workmanship.   No returns or refunds on custom items.  We reserve the right to refuse returns on any "special order" items or any items not returned in "like new" condition.  Buyer will pay return shipping.  Refer to Return Policy for contact information.

DISPUTES: All disputes concerning the goods, not otherwise resolved between Seller and Buyer, shall be resolved in a court of competent jurisdiction for the location of the Seller's place of business unless expressly agreed to by Seller in writing. The prevailing party in such action shall be entitled to recover reasonable attorney's fees and costs incurred. Buyer may bring no dispute more than one (1) year after the date of sale of the product to which the dispute relates. The Terms and performance by the parties hereunder shall be construed in accordance with the laws.

MISCELLANEOUS: Seller shall not be liable for any failure to perform due to causes beyond the reasonable control of Seller. These causes shall include, without limitation, acts of God, acts or omissions of Buyer or any third party, delays in transportation or inability to obtain necessary labor, materials or supplies.

service@footwearbyfootskins.com

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