Welcome to QF Slippers and thank you for shopping with QF Slippers(referred to as “us”, “we”, or “our” as the context may require). We want to ensure that you have the best shopping experience possible, which is why we believe it’s important for you to be aware of and carefully understand all of our Terms of Service, together with any documents they expressly incorporate by reference, including our Website and APP Terms of Use, Terms & Condition of Sales, Giveaways Terms & Conditions, Exchange & Return Policy and our Privacy Notice (collectively, these “Terms of Service”).
THESE TERMS OF SERVICE GOVERN YOUR ACCESS TO AND USE OF QFSlippers.COM, INCLUDING ANY CONTENT, FUNCTIONALITY, SERVICES, OR PURCHASES, OFFERED ON OR THROUGH THE WEBSITE (THE “WEBSITE”), THE QF Slippers MOBILE APPLICATION (THE “APP”), OR LIVE IN ONE OF OUR STORES (EACH, A “STORE”) (COLLECTIVELY, OUR “SALES CHANNELS”), WHETHER AS A GUEST OR A REGISTERED USER. BY PLACING AN ORDER ON OUR WEBSITE OR THROUGH OUR APP, OR BY PURCHASING OUR PRODUCTS AT A STORE, YOU’RE AGREEING TO BE BOUND BY THESE TERMS OF SERVICE, WHICH CONSTITUTE AN AGREEMENT BETWEEN QF Slippers LLC AND YOU.
THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.
IMPORTANT NOTICE REGARDING DISPUTE RESOLUTION: THESE TERMS OF SERVICE CONTAIN A CLASS ACTION WAIVER AND JURY TRIAL WAIVER AND REQUIRES ARBITRATION ON AN INDIVIDUAL BASIS IN CERTAIN JURISDICTIONS TO RESOLVE CLAIMS. PLEASE SEE THE DISPUTE RESOLUTION SECTION (INCLUDING SUBSECTIONS) FOR COMPLETE DETAILS AND REVIEW CAREFULLY.
WEBSITE AND APP TERMS OF USE
Your access to the Website and App is conditional upon your acceptance and compliance with the terms, conditions, notices and disclaimers contained in this document (our Terms of Use). Please read our Terms of Use carefully before you start to use the Website or App. Your use of, and/or access to, the Website and App constitutes your agreement to the Terms of Use. If you do not want to agree to these Terms of Use, you must not access or use the Website or App.
Our Website and App is offered and available to users who are 18 years of age or older. By using the Website or App, you represent and warrant that you are of legal age to form a binding contract with QF Slippers . Users who are under the age of 18 may only make purchases with permission from their parent or legal guardian. If you do not meet this requirement, you must not access or use the Website or App.
Changes to the Terms of Use
We reserve the right to amend the Terms of Use at any time. Although we may notify you of any amendment, revision or modification, it is your responsibility to periodically review the Terms of Use so you are aware of any changes, as they are binding on you. Your continued use of the Website or App following the posting of revised our Terms of Use means that you accept and agree to the changes.
Access to and use of the Website or App
Please be aware that sometimes, websites and applications can have interruptions and undergo construction periods, therefore, we cannot be responsible for any delays or interruptions to the availability of the Website or App or the functionality made available on or through them. We will use commercially reasonable efforts to minimize delays and interruptions. However, we cannot warrant that the Website or App will be available at all times or at any given time. We reserve the right to withdraw or amend our Website and/or App, and any products we provide on or through our Website and App, in our sole discretion without notice. You are responsible for:
- Making all arrangements necessary for you to have access to the Website or App.
- Ensuring that all persons who access the Website or App through your internet connection are aware of these Terms of Use and comply with them.
To make a purchase on or through the Website or App, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website or App that all the information you provide on the Website or App is correct, current and complete. You agree that all information you provide to register with this Website or App or otherwise, including but not limited to through the use of any interactive features on the Website or App, is governed by our Privacy Notice, and you consent to all actions we take with respect to your information consistent with our Privacy Notice.
If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures for access and use of your account on or through our Website and App, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or App or portions of it using your username, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
We have the right to disable any username, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.
Prohibited Conduct
In relation to the Website or App, you may only use the Website or App only for lawful purposes and in accordance with these Terms of Use. You must not:
- Use the Website or App for any activities post, or transmit via the Website or App, any information or materials which breach any laws or regulations, infringe on third parties’ rights, or that are contrary to any relevant standards or codes;
- Use the Website or App for the purpose of exploiting, harming, or attempting to exploit or harm minors in any way, such as exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
- Use the Website or App to post or transmit any material which interferes with other users or defames, harasses, threatens, menaces, offends or restricts any person or which inhibits any user from using the Website, App or the Internet;
- Use the Website or App to send unsolicited email messages, including advertising, or promotional material, such as “junk mail”, “chain letter” or “spam” or any other similar solicitation.
- Use the Website or App to impersonate or attempt to impersonate QF Slippers, an QF Slippers employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing);
- Use the Website or App to send, knowingly receive, upload, download, use or re-use any material which does not comply with the Content Standards set out in these Terms of Use;
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website or App, or which, as determined by us, may harm QF Slippers or users of the Website or App or expose them to liability.
Additionally, you agree not to:
- Use the Website or App in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website or App, including their ability to engage in real time activities through the Website or App.
- Use any robot, spider or other automatic device, process or means to access the Website or App for any purpose, including monitoring or copying any of the material on the Website or App.
- Use any manual process to monitor or copy any of the material on the Website or App or for any other unauthorized purpose without our prior written consent.
- Use any device, software or routine that interferes with the proper working of the Website or App.
- Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website or App, the server on which the Website is stored, or any server, computer or database connected to or used by the Website or App.
- Attack the Website or the servers used by the App via a denial-of-service attack or a distributed denial-of-service attack.
- Otherwise attempt to interfere with the proper working of the Website or App.
- Attempt any of the above acts or facilitate or assist another person to do any of the above acts.
Intellectual Property
The Website or App and all materials on the Website or App, including the content, features, functionality, (including but not limited to all software, information, design, text, images, videos and graphics, and the selection and layout of the Website or App) are owned or under license by QF Slippers and protected by international copyright, trademark, patent, trade secret and other IP laws.
These Terms of Use permit you to view and use the Website and its contents, using your web browser, and the use the App, for your personal, non-commercial use only. When visiting the Website or App, you may make a temporary copy of the Website or App through the usual operation of your web browser only. You may download a single copy of the App to your mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
Except as described in the Linking to the Website and Social Media Features section of these Terms of Use, You are strictly prohibited from (i) reproducing or using any of the material on the Website or App for commercial purposes, including sales; (ii) in any way modifying any material on the Website or App, or (iii) cause any of the material on the Website to be framed or embedded in another website for the purpose of selling or promoting your own products and services. In summary, you must not modify, copy, reproduce, republish, frame, upload to a third party, post, transmit or distribute the content of the Website or App in any way, except as expressly provided for by us in these Terms of Use or expressly authorized in writing by us. If you commit any of the above acts, we will not hesitate to enforce our intellectual property rights against you.
Trademarks
The QF Slippers name, the terms QF Slippers, the QF Slippers logo and all related names, logos, product and service names, designs, and slogans are trademarks of QF Slippers or its affiliates or licensors. All other names, logos, product and service names, designs, and slogans on this Website and App are the trademarks of their respective owners. Your use of the Website or App does not grant you a license or act as a right of the use of any of the trademarks or logos, whether registered or unregistered, that are displayed on the Website or App, without the express written permission of QF Slippers or the trademark owner.
User Contributions
The Website or App may contain interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, “post”) content or materials, such as product reviews (collectively, “User Contributions”) on or through the Website or App.
All User Contributions must comply with the Content Standards set out in these Terms of Use.
Any User Contribution you post to the Website or App will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website or App, you grant us and our affiliates the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose.
You represent and warrant that:
- You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates.
- All of your User Contributions do and will comply with these Terms of Use.
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not QF Slippers, have full responsibility for such content, including its legality, reliability, accuracy and appropriateness.
We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Website or App.
Monitoring and Enforcement; Termination
We have the right to:
- Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
- Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or App or the public or could create liability for QF Slippers.
- Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
- Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website or App.
- Terminate or suspend your access to all or part of the Website or App for any or no reason, including without limitation, any violation of these Terms of Use.
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website or App. YOU WAIVE AND HOLD HARMLESS QF Slippers AND ITS AFFILIATES FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY QF Slippers OR ITS AFFILIATES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER QF Slippers OR ITS AFFILIATES OR LAW ENFORCEMENT AUTHORITIES.
However, we do not undertake to review all material before it is posted on the Website or App, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
Content Standards
These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not:
- Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
- Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
- Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.
- Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Notice.
- Be likely to deceive any person.
- Promote any illegal activity or advocate, promote or assist any unlawful act.
- Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.
- Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
- Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising.
- Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
Reliance on Information Posted
The information presented on or through the Website or App is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website or App, or by anyone who may be informed of any of its contents.
This Website or App may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by QF Slippers, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of QF Slippers. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
Linking to the Website and Social Media Features
You may link to our Website homepage, 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 without our express written consent.
This Website or App may provide certain social media features that enable you to:
- Link from your own or certain third-party websites to certain content on this Website.
- Send e-mails or other communications with certain content, or links to certain content, on this Website.
- Cause limited portions of content on the Website or App to be displayed or appear to be displayed on your own or certain third-party websites.
You may use these features solely as they are provided by us and solely with respect to the content they are displayed with. Subject to the foregoing, you must not take any action with respect to the materials on the Website or App that is inconsistent with any other provision of these Terms of Use.
The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms of Use.
You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.
We may disable all or any social media features and any links at any time without notice in our discretion.
Third-party links
The Website or App may contain hyperlinks and other pointers to websites operated by third parties (“Linked Websites”). We do not control Linked Websites and are therefore not responsible for the content you see from these external links. We provide the hyperlinks for your convenience only and do not indicate any endorsement, sponsorship or approval by us of a Linked Website or the products and services offered at Linked Websites. You visit Linked Websites entirely at your own risk.
We do not provide any warranty or take any responsibility for any aspect of Linked Websites or their content. You should make your own investigations concerning the suitability of goods and/or services offered to you via a Linked Website.
Spam Statement
QF Slippers complies with all obligations under any relevant US Spam legislation and regulations.
For that purpose, we have created an internal policy to educate staff and implement clear guidelines and rules in relation to the spread of commercial electronic messages. In addition, we assure you that we will not use address-harvesting software for any reason whatsoever.
You may also at any time unsubscribe from any mailing list to which you have previously subscribed. You can do this by following the instructions on the bottom of any email, or just let us know, using the “Contact Us” link on our Website or App.
To help us comply with our obligations, we request your assistance with the following:
- If you receive an unauthorized commercial message, which appears to originate from an QF Slippers email address, please assume that it has been sent in error and notify us immediately by using the “Contact Us” link on our Website or App.
- Please ensure that you unsubscribe from any of the QF Slippers mailing lists if you choose to no longer receive electronic commercial messages from QF Slippers or its contracted third parties.
Indemnity
By using the Website or App, you agree to indemnify and hold harmless, QF Slippers from and against all actions, claims, suits, demands, damages, liabilities, costs or expenses (including reasonable attorneys’ fees) (whether in tort or contract including and without limitation, negligence) arising out of or in any way connected to your violation of these Terms of Use or your use of the Website or App, including, but not limited to, your User Contributions, any use of the Website or App content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Website or App.
Disclaimer
Applicable consumer protection laws and regulations may grant you with rights and remedies relating to the provision of products to you, by us via, our Website or App which cannot be excluded, restricted or modified (your “Statutory Rights”). We exclude all conditions and warranties implied by custom, law or statute except for your Statutory Rights.
Except for your Statutory Rights:
- Your use of the Website or App, its content and any services (not including clothing items) obtained through the Website or App is at your own risk. The Website or App, its content and any services obtained through the Website or App (not including clothing items) are provided on an “as is” and “as available” basis, without any warranties of any kind, either express or implied.
- We disclaim all warranties of any kind related to your use of the Website or App including, but not limited to, warranties of acceptable quality and fitness for a particular purpose;
- We cannot guarantee that the functions contained in any material on the Website or App, or your access to the Website or App will be uninterrupted or error-free.
- We cannot guarantee that any defects on the Website or App will be corrected, or that the Website or App or the server which stores and transmits material to you, are free of viruses or any other harmful components;
- We do not warrant or make any representation regarding your access to, or the results of your access to, the Website or App including its correctness, accuracy, timeliness, completeness, reliability or otherwise;
- We cannot guarantee that any products obtained through the Website or App will otherwise meet your needs or expectations.
To the extent permitted by law, including but not limited to any act or omission on your part, we will not be liable for any loss, damages, costs, or expenses, whether direct, indirect, incidental, special and/or consequential, including loss of profits, suffered by you or claims made against you which result from any use or access of, or any inability to use or access, the Website or App.
We do not exert control over users of the internet and we are not liable for damage suffered by you, either directly or indirectly, as a result of your access to our Website and App.
QF Slippers HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND WITH RESPECT TO THE WEBSITE AND APP, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
Limitation of Liability
IN NO EVENT WILL QF Slippers , ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE OR APP, ANY WEBSITES LINKED ON OR THROUGH THEM, ANY CONTENT ON THE WEBSITE OR APP OR SUCH OTHER WEBSITES OR ANY ITEMS (OTHER THAN CLOTHING ITEMS) OBTAINED THROUGH THE WEBSITE OR APP OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
Limitation on Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE OR APP MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Termination
At our discretion, the Terms of Use are effective until terminated by us, we may do so at any time and without notice to you. In the event of termination, all restrictions imposed on you by the Terms of Use, and limitations of liability set out in the Terms of Use, will survive.
Miscellaneous
It is your responsibility to stay up to date with the Terms of Use. If we suffer loss or damage, incur any costs associated with any breach by you of the Terms of Use or any associated legal obligation, you agree to indemnify us for those losses, damages and costs.
We do not make any claims that the information is appropriate or may be downloaded in all areas, countries or jurisdictions. Access to the information contained on or through the Website or App may not be legal for certain persons or in certain countries. If you access the Website or App, you do so at your own risk and you are responsible for compliance with the laws of your jurisdiction.
If any provision of the Terms of Use is found to be invalid or unenforceable by a Court of Law, such invalidity or unenforceability will not affect the remainder of the document, which will continue in full force and effect.
All rights not explicitly granted in the Terms of Use are reserved.
If we do not act with regard to a breach of the Terms of Use by you, this does not waive our rights to act with respect to subsequent or similar breaches of the Terms of Use by you.
Applicable Law
All matters relating to the Website or App and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed under the laws of the State of Delaware. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the Courts of Delaware and Courts of Appeal from them for determining any dispute concerning the Terms of Use.
In the event of any dispute or claim involving intellectual property, or in the event the arbitration described below is not available or upon mutual agreement of both parties to waive arbitration, any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Website or App shall be instituted exclusively in the federal courts of the United States or the courts of the State of Delaware, although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Dispute Resolution
PLEASE READ THIS ENTIRE DISPUTE RESOLUTION SECTION (INCLUDING SUBSECTIONS) CAREFULLY, AS IT INCLUDES A CLASS ACTION WAIVER AND JURY TRIAL WAIVER AND REQUIRES ARBITRATION ON AN INDIVIDUAL BASIS IN CERTAIN JURISDICTIONS.
THE PROCEDURES AND OTHER TERMS SET FORTH IN THIS DISPUTE RESOLUTION SECTION APPLY TO ANY AND ALL CLAIMS, DISAGREEMENTS, DISPUTES OR CONTROVERSIES BETWEEN YOU AND QF Slippers OR ITS OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AGENTS, PARENTS, AFFILIATES, SUBSIDIARIES AND/OR RELATED COMPANIES, REGARDLESS OF WHEN SUCH CLAIM AROSE (EACH, A “CLAIM”), INCLUDING BUT NOT LIMITED TO: CLAIMS ARISING OUT OF OR RELATING TO THE WEBSITE, TO THE USE OR ACCESS THEREOF, TO OUR ADVERTISING, TO THE PRODUCTS, SERVICES, MATERIALS, PROGRAMS OR OTHER FEATURES OFFERED, ADVERTISED, MARKETED AND/OR SOLD BY QF Slippers AND/OR TO THESE TERMS AND CONDITIONS; CLAIMS THAT AROSE BEFORE THESE TERMS AND CONDITIONS OR ANY PRIOR VERSION OF THESE TERMS AND CONDITIONS; CLAIMS THAT ARE OR WOULD OTHERWISE BE SUBJECT TO PRE-EXISTING PURPORTED CLASS ACTION LITIGATION FOR WHICH YOU MAY BE A PUTATIVE CLASS MEMBER; AND CLAIMS THAT MAY ARISE AFTER THE TERMINATION OF THESE TERMS AND CONDITIONS.
The provisions of this Dispute Resolution section apply to you and QF Slippers and its affiliates and related entities. This entire Dispute Resolution section shall survive termination of this agreement or the parties’ relationship or the end of your use of the Website.
MANDATORY INFORMAL PRE-SUIT RESOLUTION
QF Slippers values our customers and seeks to resolve disputes informally where possible. Before filing any lawsuit relating to a Claim, you agree to first send a detailed notice (“Notice”) to QF Slippers by email at [email protected] within the applicable statute of limitations. Your Notice must contain all of the following information: (1) your full name; (2) your address; (3) your telephone numbers; (4) your email address; (5) information sufficient for QF Slippers to identify any transaction and/or product at issue (e.g., your order number, order confirmation communication, SKU number, etc.); and (6) a detailed description of your Claim, the nature and basis of your Claim(s), and the nature and basis of the relief you are seeking with a calculation for it. You must personally sign this Notice.
Likewise, QF Slippers agrees that if we have a dispute with you, we will first send a detailed Notice to your e-mail address on file with us. QF Slippers Notice will likewise set forth (1) information sufficient for you to identify any transaction at issue; and (2) a detailed description of our dispute, the nature and basis of our claim(s), and the nature and basis of the relief we are seeking with a calculation for it.
You and QF Slippers agree to negotiate in good faith, for a period of at least 60 days from the date of the Notice, in an effort to swiftly resolve it to your satisfaction without the need for a formal proceeding. Should QF Slippers request a telephone conference with you in an effort to resolve your claim as part of this informal process, you agree to personally participate (with your counsel if you are represented). Compliance with and completion of this Mandatory Informal Pre-suit Resolution process is a condition precedent to filing any lawsuit or serving an arbitration demand. You and QF Slippers agree that any action commenced in court or arbitration without first exhausting the Mandatory Informal Pre-Suit Resolution process shall be defective and subject to dismissal at the cost of the party found to have prematurely commenced the action. The statute of limitations and any filing fee deadlines shall be tolled while the parties engage in this process. A court shall have the authority to enjoin the filing of any lawsuit concerning a Claim without first providing a Notice or other participating in good faith in this Mandatory Informal Pre-Suit Resolution process.
CLASS ACTION WAIVER; JURY TRIAL WAIVER; WHERE PERMISSIBLE, CLAIMS SHALL BE BROUGHT IN COURT ON AN INDIVIDUAL BASIS
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND QF Slippers AGREE THAT ANY CLAIM RESOLUTION PROCEEDING WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS; CLASS ACTIONS AND ANY OTHER CONSOLIDATED, COLLECTIVE, OR REPRESENTATIVE ACTIONS ARE NOT PERMITTED AND YOU AGREE TO GIVE UP THE ABILITY TO PARTICIPATE IN ANY SUCH ACTION. You agree that you will not be a member of any putative or actual class in a class action brought by anyone else, nor will you seek to become a class representative. Class actions, private attorney general actions, and other consolidated actions are not allowed. Claims regarding the enforceability, revocability, or validity of the Class Action Waiver may be resolved only by a civil court of competent jurisdiction and not by an arbitrator.
Together, the terms in the preceding paragraph shall be called and operate as the “Class Action Waiver.”
WHERE PERMISSIBLE, AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, Claims must be brought in court, and only on an individual basis in accordance with the Class Action Waiver. To the extent permissible under applicable law, any such cases shall be decided by a judge and not a jury; the Parties mutually waive their right to have their Claim decided by a jury.
Solely in the context of arbitration, and as specified in the Arbitration Clause subsection below, if any court or arbitrator determines that this Class Action Waiver is void, unenforceable, or that an arbitration can proceed on a class basis for any other reason, then the Arbitration Clause set forth in this Dispute Resolution section shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate Claims.
ARBITRATION CLAUSE
In jurisdictions where applicable law prohibits the Class Action Waiver from applying to Claims brought in Court, the CLAIM SHALL BE RESOLVED THROUGH BINDING INDIVIDUAL ARBITRATION, RATHER THAN IN COURT.
THE FEDERAL ARBITRATION ACT AND FEDERAL ARBITRATION LAW APPLY TO THIS ARBITRATION CLAUSE. BY AGREEING TO ARBITRATION, YOU AND QF Slippers ARE NOT LIMITING IN ANY WAY EITHER OF OUR STATUTORY OR COMMON LAW RIGHTS OR POTENTIAL REMEDIES TO WHICH EITHER OF US WOULD BE ENTITLED TO IF OUR CLAIM WERE INSTEAD BEING HEARD IN A COURT.
The arbitration shall occur through the submission of documents to one arbitrator. If the Arbitrator determines that a hearing is necessary, the hearing shall be conducted remotely by telephone or video conference. If the Arbitrator determines that an in-person hearing is necessary, the hearing will take place in the United States county where you live or work or such other location agreed upon by both parties. You and QF Slippers will select an arbitrator or hearing officer(s) after commencement of the action in accordance with NAM’s rules and procedures.
If you and QF Slippers cannot submit a joint pre-hearing and hearing schedule, each party will submit their own schedule to NAM. You and QF Slippers will submit a joint pre-hearing and hearing schedule to the hearing officer(s) within the earlier date of (a) 7 days prior to the hearing or (b) 14 days following the arbitrator’s appointment. If only one schedule is submitted, that schedule will be delivered to the arbitrator for his or her consideration. The arbitrator may adopt the schedule submitted by one party in the absence of a competing or joint schedule.
Payment of all filing, administration and arbitrator fees will be governed by the NAM rules and applicable fee sheet, as determined by NAM. All issues relating in any way to arbitration—including the applicability, scope, and enforceability of the arbitration provisions of these Terms and Conditions—are for the arbitrator to decide. The arbitrator may consider but shall not be bound by rulings in other arbitrations involving different customers. At the conclusion of the arbitration proceeding, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. The arbitrator’s decision on all procedural and substantive issues is binding only between you and QF Slippers and will not have any preclusive effect in another arbitration or proceeding that involves a different party. An arbitrator’s award that has been fully satisfied shall not be entered in any court.
You and QF Slippers shall each be limited to a maximum of one (1) fact witness deposition per side, unless we agree otherwise or the arbitrator determines that more depositions are warranted based on the totality of circumstances (including the amount in controversy, the complexity of the factual issues, the number of parties and the diversity of their interests, and whether any or all of the Claims appear, on the basis of the pleadings, to have sufficient merit to justify the time and expense associated with the requested discovery). Document requests shall be limited to documents that are directly relevant to the matter(s) in dispute or to its outcome; shall be reasonably restricted in terms of time frame, subject matter and persons or entities to which the requests pertain; shall not include broad phraseology such as “all documents directly or indirectly related to”; and shall not be encumbered with extensive “definitions” or “instructions.” The arbitrator may edit or limit the number of document requests based on the totality of circumstances, including the factors listed above.
In any arbitration, the defending party may make a written settlement offer at any time before the evidentiary hearing or, if a dispositive motion is permitted, prior to the dispositive motion being granted. Settlement offers may not be disclosed to the arbitrator until after the arbitrator issues an award on the Claim. If the award is issued in the defending party’s favor, or in the other party’s favor but is less than the defending party’s settlement offer, then the other party must pay the defending party’s costs incurred after the offer was made, including any attorney’s fees. If any applicable statute or case law prohibits the shifting of costs incurred in the arbitration, then the offer in this provision shall serve to cease the accumulation of any costs to which the party bringing the Claim may be entitled for the cause of action under which it is suing.
Entire Agreement
The Terms of Use and our Privacy Notice constitute the sole and entire agreement between you and QF Slippers with respect to the Website or App and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website or App.
Your Comments and Concerns
This Website or App are operated by QF Slippers LLC. All feedback, comments, requests for technical support and other communications relating to the Website or App should be directed to: [email protected]
TERMS & CONDITIONS OF SALES
These terms and conditions, together with any documents they expressly incorporated by reference (these “Terms and Conditions”), apply to the purchase and sale of our products on or through our Sales Channels. By placing an order on our Website or through our App, or by purchasing our products at a Store, you’re agreeing to be bound by these Terms and Conditions, which constitute an agreement between QF Slippers LLC and you.
These Terms and Conditions are subject to change by us without prior written notice at any time, at our sole discretion. Any changes to the Terms and Conditions will be in effect as of the “Last Updated Date” referenced on the Website or in the App or on available copies of this in our Stores. You should review these Terms prior to purchasing any product or services that are available through one of our Sales Channels. Your continued purchase of items through our Sales Channels after the “Last Updated Date” will constitute your acceptance of and agreement to such changes.
These Terms and Conditions are an integral part of the Terms of Service that apply generally to the use of our Sales Channels. You should also carefully review our Privacy Notice before placing an order for products or services through our Sales Channels.
IMPORTANT NOTICE REGARDING DISPUTE RESOLUTION: THESE TERMS AND CONDITIONS CONTAIN A CLASS ACTION WAIVER AND JURY TRIAL WAIVER AND REQUIRES ARBITRATION ON AN INDIVIDUAL BASIS IN CERTAIN JURISDICTIONS TO RESOLVE CLAIMS. PLEASE SEE THE DISPUTE RESOLUTION SECTION (INCLUDING SUBSECTIONS) FOR COMPLETE DETAILS AND REVIEW CAREFULLY.
PURCHASE ORDERS
You agree that your order on the Website or in the App is an offer to buy, under these Terms, all products and services listed in your order. All orders must be accepted by us or we will not be obligated to sell the products or services to you. Please note, that QF Slippers reserves the right to review and cancel orders at any time, at our sole discretion, even after we send you a confirmation email with your order number and details of the items you have ordered. All purchases made at our Stores is subject to these Terms.
During the process of placing an order (and upon our request) on our Website or through our App (or if we agree to ship you with items you purchase at our Stores), you must provide us with all your full and accurate information in order to receive your goods. Our fulfillment of your order relies on you providing us with correct information, including the correct delivery address and delivery instructions. Occasionally, you may be asked to provide additional details upon our request to ensure that your order gets to you safely.
If you enter an incorrect address, QF Slippers will not be obliged to re-send the products included in the order to the correct address at our own expense.
PRODUCTS NOT FOR RESALE OR EXPORT
When you place an order (or make a purchase in one of our Stores), You represent and warrant that you are buying our products for your own personal or household use (or to give as a gift for someone else’s personal or household use), and not for resale or export.
PURCHASE PRICE
All prices quoted on our Sales Channels or pursuant to your enquiry with us are listed in US Dollars (USD). All costs relating to international orders will be calculated via our integrated currency converter. The actual international currency conversion rate can vary depending on the bank you are with. We reserve the right to vary the prices displayed on or through our Sales Channels from time to time, in accordance with our discretion and without any obligation to give notice. The price charged for a product will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price changes will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total and will be itemized in your shopping cart and in your order confirmation email or on your receipt if you make a purchase at our Stores.
PAYMENT
QF Slippers accepts payment via credit card (Visa/Mastercard), via PayPal when you purchase on or through our Website or App, and via cash when you purchase in our Stores. Once processing a payment for purchases made on the Website or App, you will receive an email confirming the receipt of your order. You represent and warrant that (i) the credit card or payment information you supply to us is true, correct and complete, (ii) you are duly authorized to use such credit card or payment method for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted on the Sales Channels at the time of your order. You may also make payments in installments for purchases made via our Website or App via Afterpay.
SECURITY
The safety of all information you provide is of the utmost importance to us. Therefore, we endeavor to provide you with a very safe and stress-free online shopping experience. We use the Secure Sockets Layer (SSL) encryption on our Website and App to transmit your personal and credit card details. SSL is a sophisticated method of scrambling data as it travels from your computer to our servers used for our Website and App. Your credit card information is sent directly to our PCI-compliant payment processor. We do not store your credit card information details in order to provide consumer confidence and satisfaction when shopping with us.
CONSENT
By agreeing to these Terms and Conditions, you also consent to receive further electronic communications from us in relation to QF Slippers, including information relating to products, promotions, special offers, and/or any other commercial message. Of course, you may at any time, opt-out from receiving electronic commercial messages from us. This is done by following the instructions at the bottom of any email or just informing us that you no longer wish to receive electronic messages, using the “Contact Us” link on our Website.
PROCESSING OF ORDERS
All purchases are processed on business days, which are Monday to Friday and exclude public holidays. We will provide you with a tracking number once we have shipped your order to you. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.
CANCELLATION OF ORDERS
QF Slippers may cancel your order if for any reason we are unable to fulfill it (in whole or in part). In this situation, we will contact you should this occur.
Additionally, failure to provide additional details upon request may result in cancellation and refund of the order. We will not provide you with compensation for any loss of time or inconvenience which may result from such cancellation in these situations.
As we rely on third parties to expedite the delivery of your order, you will, unfortunately, be unable to cancel your order once it has been processed.
INCORRECT PRODUCTS/PRODUCTS MISSING FROM AN ORDER
Should a product be missing from an order when received or should you receive an incorrect product, please contact us directly at [email protected], with the order number, product name, and code, and we will make the appropriate investigations.
RETURN OF PRODUCTS
Any return of products to us by you will be governed under our Exchange & Returns Policy.
SHIPMENT PROTECTION
Please visit our Shipment protection terms and conditions for more information.
DISCOUNTS AND PROMOTION CODES
Discount codes are one-time use only and exclude gift cards.
LOCAL DUTIES & TAXES
As taxes and local duty costs vary by location, by purchasing the goods, you authorize QF Slippers to ship the products to you and import the products on your behalf (if you are shopping outside of the United States) and to charge you with the applicable duties & taxes in addition to the purchase price of goods (including, sales tax or customs). Further, by purchasing our products, you agree that QF Slippers may delegate the obligation to ship and import the goods on your behalf to a subcontractor (e.g., customs broker).
INTELLECTUAL PROPERTY
For our Intellectual Property terms please see the Intellectual Property section under the Terms of Use which is expressly incorporated by reference into these Terms and Conditions and shall apply with respect to all our Sales Channels (including our stores, with the necessary adjustments).
TRADEMARKS
For our Trademarks terms please see the Trademarks section under the Terms of Use which is expressly incorporated by reference into these Terms and Conditions and shall apply with respect to all our Sales Channels (including our stores, with the necessary adjustments).
INDEMNITY
For our Indemnity terms please see the Indemnity section under the Terms of Use which is expressly incorporated by reference under these Terms and Conditions and shall apply with respect to all our Sales Channels (including our stores, with the necessary adjustments).
APPLICABLE LAW; DISPUTE RESOLUTION
For the Applicable Law and Dispute Resolution mechanism please see the Applicable Law and Dispute Resolution sections (including subsections) under the Terms of Use which is expressly incorporated by reference under these Terms and Conditions and shall apply with respect to all our Sales Channels (including our stores, with the necessary adjustments).