www.kixheels.com (this “Website”) is jointly owned and managed by MINTED Merch (“us”, our” or “we"). By accessing this Website or using the services, website, applications and software provided through or in connection with this Website, including through a mobile device (the "Service") in any manner, you become an user (“User”). By using the Services, you are agreeing to all of these Terms of Service, as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to these Terms of Service.
1. These Terms and Conditions May Change MINTED Merch reserves the right to update or modify these terms and conditions at any time without prior notice. Your use of the kixheels.com Web site following any such change constitutes your agreement to follow and be bound by the terms and conditions as changed. For this reason, we encourage you to review these terms and conditions each time you use this Web site.
2. Ownership This web site: kixheels.com hereafter referred to as (“our website”) are owned by MINTED Merch hereafter referred to as (“Owner,” “we,” “us” or “our”).
3. Terms of Sale By placing an order, you are offering to purchase a product on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price. Dispatch times may vary according to availability and subject to any delays resulting from postal delays or events that are beyond our control and you agree under no circumstances will we be responsible for delays.
All customs and duty fees, if applicable, are your responsibility. Shipping costs are non-refundable, which includes returns, package rejection upon arrival and/or failure to pay duty fees.
You represent and warrant that you are at least 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us. We retain the right to refuse any request made by you. If your order is accepted, we will inform you by email and we will confirm the identity of the party which you have contracted with. This will usually be us or may in some cases be a third party. Where a contract is made with a third party, we are not acting as either agent or principal and the contract is made between yourself and that third party and will be subject to the terms of sale which they supply you. When placing an order you represent and warrant that all details you provide to us are true and accurate, that you are an authorized user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods. The cost of foreign products and services may fluctuate. All prices advertised are subject to such changes.
4. Website information While we make reasonable efforts to keep the information and product availability on our web site up-to-date, we make no representation or warranty that the information or product availability data is complete or accurate. We assume no responsibility arising from your use of any information on this website which may prove to be untimely or inaccurate, or for the non-availability of products described in our website.
5. Disclaimer of Liability The material displayed on this Website is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law we and our suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website or the Linked Sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise. This does not affect our liability for death or personal injury arising from its negligence, fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.
6. User’s Representation and Warranties By using this website, the user represents and warrants that the user is 18 years of age or older, or, if a minor, is at least 13 years of age, has parental consent to visit this website, and the user’s parent has assumed responsibility to supervise the minor’s use of this website. A user who registers on this website represents that the user is 18 years of age or older. A registered user who permits another person to use his or her registration to this website agrees to pay for all products ordered or charges made by that other person.
7. Linking to the Website
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission without notice.
9. Indemnity You agree to indemnify, defend and hold harmless www.kixheels.com, its owners, directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use this Website or your breach of these Terms of Service.
10. Variation We shall have the right in our absolute discretion at any time and without notice to amend, remove or vary the Services, Terms of Service, and/or any page of this Website.
11. Invalidity If any part of these Terms of Service is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these Terms of Service will not be affected all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.
12. Your Use of Website Your use of this website is at your own risk. This website and its content are provided “as-is,”without representation or warranty of any kind, either express or implied, including without limitation any implied warranties of use for a particular purpose or merchantability. We shall not be responsible or liable, under any theory of law or any circumstances, for any damages arising out of or in connection with your use of this website or of its content, regardless of any legal theory of liability, even if we have been given notice of the possibility of damages.
13. Your Use of Product
Your use of KIX heel insole product is at your own risk. The product is provided “as-is,”without representation or warranty of any kind, either express or implied, including without limitation any implied warranties of use for a particular purpose or merchantability. We shall not be responsible or liable, under any theory of law or any circumstances, for any injury or personal damage arising out of or in connection with your use of our product regardless of any legal theory of liability, even if we have been given notice of the possibility of damages.
These Terms and Conditions shall be exclusively governed by Dutch law. If you use this website from outside the Netherlands you are responsible for compliance with any and all applicable local laws. Kix (MINTED Merch) makes no representation that the materials contained within this website are appropriate for countries outside the Netherlands.
All disputes arising in connection with these Terms and Conditions, including disputes concerning the existence and validity thereof, shall be resolved by the competent courts of the Netherlands.
15. General (a) These Terms and Conditions and any other terms and conditions set forth in the content of the website constitute the complete agreement between us regarding the use of the website and may not be altered or amended except in a writing signed by Owner. (b) Owner reserves the right to modify and amend these Terms and Conditions, and any other terms and conditions set forth in the content of the website, at any time, with or without notice, in Owner’s sole and absolute discretion. (c) Owner’s failure to enforce strictly the terms and conditions shall not constitute a waiver of our rights, and we may subsequently insist on strict enforcement of these Terms and Conditions (d) If any of the Terms and Conditions are determined to be unenforceable, the remaining Terms and Conditions shall remain in full force and effect.
16. Images All images contained in the website are either our property or the property of others duly licensed to us. Any reproduction, copying, or dissemination of such images without our written permission or the written permission of the copyright owner is prohibited.
17. Links We may provide links or references to websites maintained by third parties. While we take reasonable efforts to assure that the content of such websites is of interest to our users and that the persons maintaining such websites have adopted appropriate procedures to protect their users’ privacy and the integrity of their systems, we make no representation or warranty regarding the content, information, or products made available on such other websites, the privacy and security policies of these websites, and we shall not be responsible for any loss or damage arising from or related to the use of such websites.
19. Force Majeure Notwithstanding any other provisions contained in these Terms, in the event that the performance of any obligation of www.kixheels.com or KIX or MINTED Merch. is prevented due to acts of God or any other government restrictions, wars, hostilities, blockades, civil disturbances, strikes, lockouts, or any other cause beyond reasonable control of www.kixheels.com or KIX or MINTED Merch, then we shall not be responsible to you for any failure or delay in the performance of its obligations. The terms of this clause shall not exempt, but merely suspend, MINTED Merch from its duty to perform until as soon as practicable after a force majeure condition ceases to exist.
20. Special Admonitions for International Use Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and to provide only acceptable Member Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
21. Entire Understanding The Terms constitute the entire agreement between you and Urbana Sacs. regarding the use of “our website”. These terms shall operate to the fullest extent permissible by law.
22. Headings The section titles in these Terms are for convenience only and have no legal or contractual effect.
23. Severability If any provision of these Terms is unlawful, void or unenforceable, that provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, you acknowledge and agree that the court should endeavor to give effect to the intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect.
24. Limitations of Actions or Claims You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of “our website” or these Terms must be filed within (1) year after such claim or cause of action arose or be forever barred.
25. Violations of Terms Please report any violations of these Terms to us by e-mailing us at: email@example.com. If you have any questions regarding these Terms and Conditions, please contact us at firstname.lastname@example.org.
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