READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE YOU CLICK THE “I accept the General Terms and Conditions for Online Sales” BUTTON. This document contains very important information regarding your rights and obligations, as well as conditions, limitations, and exclusions that might apply to you. By placing an order for products from this website, you accept and are bound by these terms and conditions.
You may not order or obtain products from this website if you (a) do not agree to these terms, (b) are not the older of (i) at least eighteen (18) years of age, or (ii) the legal age in your jurisdiction to form a binding contract with World Wide DuoBoots, LLC (the “Company”, “us” or “we”), or (c) are prohibited from accessing or using this website or any of this website’s contents, goods, or services by applicable law. Each of you and the Company may hereinafter be referred to as a “Party” and, when taken together, the “Parties”.
These terms and conditions (these "Terms" or the “Agreement”) apply to the purchase and sale of products and services through www.duoboots.com (the "Website") pages and social media accounts including, but not limited to, Facebook®, Twitter®, LinkedIn®, Google Plus®, Instagram®, SnapChat®, TikTok®, and YouTube® (together, with the Website, the “Digital Media”).
- Order(s), Acceptance, and Cancellation. You agree that your order is an offer to buy, in accordance with, and pursuant to, these Terms, all products listed in your order. All orders must be accepted by us or we will not be obligated to sell the products to you. The Company may choose not to accept any orders in the Company’s sole discretion. After having received your order, you will receive a confirmation email with your order number and details of the item(s) you have ordered. Acceptance of your order and the formation of the contract of sale between the Company and you will not take place unless and until you have received confirmation of your order via either e-mail or on your computer screen. The Company reserves the right, at any time, even after confirmation is provided, to decline your order or to limit order quantities for any reason, including errors or suspected fraud.
- Prices. All prices posted on the Website are subject to change without notice. Pricing errors may occur on the Website from time to time. We are not responsible for pricing, typographical, or other errors in any offer by us. The Company will attempt to correct all pricing errors promptly after discovery or after the Company receives notice of an error. The Company reserves the right to cancel any orders containing pricing errors, with no further obligations to you, even after your receipt of an order confirmation or shipping notice from the Company. Any payments you make to the Company for orders that are cancelled due to pricing errors will be refunded.
- Payment Terms. All payments shall be made in full, in good funds, via payment forms acceptable to the Company. Terms of payment are within the Company’s sole discretion and payment must be received before acceptance of an order. The Company accepts Visa, MasterCard, American Express, Discover, Apple Pay, PayPal, and Venmo for all purchases. You represent and warrant that (a) the credit card information you supply is true, correct, and complete, (b) you are duly authorized to use such credit card for the purchase, (c) charges incurred by you will be honored by your credit card company, and (d) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any. The Company may process payment for and ship parts of an order separately.
- Taxes and Fees. Listed prices do not include taxes or charges for shipping and handling. You will have notice of all such taxes and charges by reviewing your merchandise total in your shopping cart and in your order confirmation e-mail. If you are a consumer resident in the European Union or if you represent a legal entity with registered seat in a European entity without valid VAT ID number, the legal value added tax (VAT) applicable for your country is added to the amount of the product price, as specified on the checkout page. Unless you provide the Company with a valid and correct tax exemption certificate, any additional custom taxes, duties, fees, imposts, tariffs and charges that may be raised by particular countries or authorities related to the conclusion or execution of your order shall be borne by you
- Shipping; Delivery; Title and Risk of Loss. The Company will arrange for shipment of the products to you. Please check the Delivery Options set forth on the Website for specific delivery options. You will pay all shipping and handling charges specified during the ordering process. Title and risk of loss pass to you upon the transfer of the products to the carrier (when the product ships). Shipping and delivery dates are estimates only and cannot be guaranteed. The Company is not liable for any delays in shipments, nor is the Company required to refund orders lost in the mail. If an item is not delivered by the carrier or there is visible damage to your package, you must notify and follow-up with the carrier and notify us within 30 days thereafter. The Company is not responsible for undelivered or damaged packages.
- Returns and Refunds. In the event of a return of our product(s), we will accept a return for a refund of your purchase price, less the original shipping and handling costs, provided such return is made within fifteen (15) days of the shipment date and provided such products are returned in their original condition. Please see our Returns and Refunds Policy. To the extent terms and conditions contained in these Terms are contrary to what is set forth in the Return and Refunds Policy, these Terms will govern. To return products, you must e-mail us at email@example.com. You are responsible for all shipping and handling charges on returned items. You bear the risk of loss during shipment, meaning if an item is not delivered back to us, you will not be refunded. Refunds are processed within approximately 2-3 business days of our receipt of your merchandise. Your refund will be credited back to the same payment method used to make the original purchase on the Website.
- Purchases may not be resold or exported. Your purchase is for your own use, not for resale, export, re-export or transfer. Your purchase is subject to and you are responsible for compliance with the export control and economic sanctions laws of the United States and other applicable jurisdictions (the “Export Laws”). Your purchase may not be sold, leased or transferred to restricted countries, restricted end users or for restricted end uses according to the Export Laws.
- Additional Terms and Conditions
- GOVERNING LAW. This Agreement is made pursuant to, and shall be construed and enforced in accordance with, the laws of the State of New Jersey (and United States federal law, to the extent applicable), without regard to the principal place of business, residence, or domicile of the Parties to this Agreement, and without giving effect to otherwise applicable principles of conflicts of law. Any proceeding arising out of or relating to this Agreement shall be instituted in any federal court or in any state court in the State of New Jersey having jurisdiction over the Parties and subject matter of such dispute, and each Party waives any objection which such Party may now or hereafter have to the laying of the venue of any such proceeding, and irrevocably submits to the exclusive jurisdiction of any such court. Any and all service of process and any other notice in any proceeding shall be effective against any Party if given as provided in this Agreement.
BINDING EFFECT. This Agreement shall be binding upon, is for the sole benefit of the Parties hereto, and inure to the benefit of, the successors, executors, heirs, representatives, administrators, and permitted assigns of the Parties. The Parties have no right to assign this Agreement, by operation of law or otherwise.
INDEMNIFICATION. To the extent permitted by applicable laws, both Consumer and Company agree to defend, indemnify, and hold harmless the respective Party, its owners, officers, directors, employees, affiliates, contractors, licensors, successors, or assigns from and against any and all liabilities and expense whatsoever — including without limitation, claims, damages, judgments, awards, settlements, investigations, costs, attorneys’ fees, and disbursements — which any of them may incur or become obligated to pay arising out of or resulting from breach of this Agreement.
- BINDING ARBITRATION.
ALL CLAIMS AND DISPUTES ARISING OUT OF OR RELATING TO THIS AGREEMENT ARE TO BE SETTLED BY BINDING ARBITRATION IN THE STATE OF NEW JERSEY. ANY ARBITRATION AWARD MAY BE CONFIRMED IN A COURT OF COMPETENT JURISDICTION.
Any controversy, dispute or claim arising out of or relating to this Agreement including, but not limited to, any and all disputes, claims, or controversies arising out of or relating to a product, any customer’s rights and obligations hereunder, and/or the validity or scope of any provision of this Agreement shall be settled exclusively by final and binding arbitration before Judicial and Mediation Services, Inc. (“JAMS”) pursuant to the Federal Arbitration Act, 9 U.S.C. Section 1 et. seq. Either the Company or the disputing customer may commence the arbitration process by filing a written demand for arbitration with JAMS and delivering a copy of such demand to the other. Neither the customer nor the Company shall be entitled to undertake discovery in arbitration, provided, however, in the event discovery is required by applicable law, the parties agree such discovery shall be severely limited in scope. The arbitrator shall have no power to modify any provisions of the Agreement, or to impose a remedy that was not requested by a party to the dispute. Each party hereby consents that any restraining order or injunction may be granted without the necessity of posting any bond. To the fullest extent permitted by applicable law and by the JAMS rules, the arbitration proceedings and award shall be kept confidential.
- ENTIRE AGREEMENT. This Agreement constitutes the entire understanding and agreement of the Parties with respect to its subject matter and supersedes all prior and contemporaneous understandings, agreements, inducements or conditions, express or implied, written or oral, between the Parties. This agreement expressly supersedes any and all prior written and/or oral agreements, and the terms and conditions of this agreement cannot be modified without the express written consent of both Parties. The terms and conditions of this Agreement shall be binding upon the Parties, their personal representatives, successors and assigns, and may not be assigned to any third-party beneficiary.
FORCE MAJEURE EVENT. The Company shall not be liable for any failure to perform or any delays in performance, including, but not limited to delivery, and the Company shall not be deemed to be in breach or default of its obligations set forth in this Agreement, if, to the extent, and for as long as such failure or delay is due to any causes that are beyond its reasonable control and not to its acts or omissions, including, without limitation, such causes as acts of god, flood, severe storm, earthquake, civil disturbance, lockout, riot, order of any court or administrative body, embargo, acts of government, war (whether or not declared), acts of terrorism, or other similar causes (each, a “Force Majeure Event”). In such circumstances the Company’s obligations hereunder shall be suspended for so long as any Force Majeure Event(s) continues, and you agree to extend, and are deemed to extend, for a corresponding period, any letters of credit or trade acceptance opened by you in respect to such shipment or delivery, provided, however, that if any shipment or delivery hereunder shall be so prevented for more than ninety (90) days, either the Company, or you, shall have the right to cancel the contract, but only with respect to such shipment or delivery, by written notice to the other.
COMPLIANCE WITH LAW. The Parties shall comply with all applicable laws in performing this agreement. Whenever there is any conflict between any provision of this Agreement and any law, the law shall prevail.
NO WAIVER. If the Parties choose to waive one provision of this agreement, that does not mean that any other provision is also waived. The Party against whom a waiver is sought to be effective must have signed a waiver in writing.
- REMEDIES: The Parties acknowledge that damages for improper disclosure of Confidential Information, or breach or threatened breach of this Agreement and/or any SOW, shall be irreparable; therefore the injured Party is entitled to seek equitable relief, including injunction and preliminary injunction, in addition to all other remedies. The failure of a Party to seek redress for violation of, or to insist upon the strict performance of, any provision of this Agreement shall not prevent a subsequent act, which would have arguably constituted a violation, from having the effect of an original violation. The rights and remedies provided by this Agreement are cumulative and the use of any one right or remedy by the one Party shall not preclude or waive the right to use any or all other remedies. Such rights and remedies are given in addition to any other rights the Party may have by law, statute, ordinance or otherwise.
Section Headings. The section headings contained in this Agreement are for reference purposes only and shall not in any way affect the meaning and interpretation of this Agreement.
Severability. The invalidity or unenforceability of any particular provision, or part of any provision, of this Agreement shall not affect the other provisions or parts hereof, and this Agreement shall be construed in all respects as if such invalid or unenforceable provisions or parts were severed from the Agreement.
- Assignment. Neither this Agreement, nor any of the rights, interests, or obligations hereunder, may be assigned, in whole or in part, by operation of law or otherwise by you and any such assignment shall be null and void. This Agreement may be assigned, in whole or in part, by the Company.