Terms & Conditions

OVERVIEW

This website is operated by Nina Shoes. Throughout the site, the terms “we”, “us” and “our” refer to Nina Shoes. Nina Shoes offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

SECTION 1 - ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 - GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 5 - PRODUCTS OR SERVICES (if applicable)

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more detail, please review our Returns Policy.

SECTION 7 - OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 10 - PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.

SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 12 - PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Nina Shoes, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 14 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless Nina Shoes and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 15 - SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 16 - TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 17 - ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 18 - GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of 10750 7th Street Rancho Cucamonga California US 91730.

SECTION 19 - CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 20 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at customerservice@ninashoes.com.

OFFICIAL RULES FOR SWEEPSTAKES AND CONTESTS ON SOCIAL MEDIA WEBSITES

WE: Nina Footwear Corp. may occasionally conduct contests, sweepstakes and/or other giveaways (individually and collectively, “Promotion”) on social media/networking websites including but not limited to Instagram.com, Twitter.com, facebook.com, pinterest.com (each, a “Social Media Site”). Unless specifically noted otherwise by sponsor, these terms and conditions shall serve as the official rules for any such promotion conducted by sponsor. Sponsor may terminate, extend, suspend or alter any promotion in its sole discretion.

1. ENTRY: No purchase necessary to participate or win. A purchase will not improve one's chance of winning. Void where prohibited. All federal, state and local taxes apply. You must be a member of the Social Media Site on which the Promotion is being conducted and a fan of Nina Shoes page|pages to participate in the Promotion. Entry into any Promotion will only be via the method specified by Sponsor in the Promotion’s offer on the Social Media Site. Unless otherwise specified by Sponsor, you may enter as often as you wish. All entries must include the information requested by Sponsor to be eligible. Only one prize per person, household, email address and/or username will be allowed in any ninety (90) day period. All entries must be received within the time period stated by Sponsor during the Promotion’s offer to be eligible to win a prize. Late and/or subsequent entries per person, per household per email address and/or username will be disqualified. Sponsor is not responsible for failure to receive an entry for any reason including but not limited to submission and/or transmission failures, technical malfunctions and/or other conditions beyond its reasonable control. Entries generated by script, macro or other automated means are void. All entries become the property of Sponsor and will not be acknowledged or returned.
Beginning Thursday, March 24, 2016 through Thursday, April 14, 2016, Nina Shoes will ask Instagram users (1) follow Nina Shoes on Instagram (2) tag 4 friends in the contest entry post and (3) subscribe to Ninashoes.com e-mails. All entries must be submitted in full before 11:59pm EST Thursday, April 14, 2016. Participants who complete all requirements will be considered eligible for entry into the contest. The Winners will be chosen from the pool of Participants at the discretion of Nina Shoes. Winning Participants will be announced via Instagram on or about Friday, April 15, 2016. Winning Participants must direct message Nina Shoes on Instagram or email socialmedia@ninashoes.com in order to claim their prize. Prizes will be mailed to the address provided by the Participant.

2. ELIGIBILITY: To participate, you must be a legal US resident, eighteen (18) years of age or older at the time of entry. Employees and contractors of Nina Shoes, its sponsors, advertising agencies, and members of the immediate family of any such persons are not eligible to participate and/or win. The term “immediate family” includes spouses, domestic partners, siblings, parents, children, grandparents, grandchildren, or other family extension, and any other persons residing at the same household whether or not related.

3. WINNER SELECTION: Sponsor’s clock will be the official time keeper for all Promotions.

• (a) Unless otherwise specified in the Promotion, winners will be chosen in a random drawing conducted by Sponsor.
• (b) If a prize is offered to the first number of votes, posts, responses, “posts,” etc. (collectively, “Responses”), Sponsor will determine any such winners based on the order in which such Responses are received by Sponsor.
• (c) In the event winners are selected based on the “best” submitted story, photo, essay, message or other similar type of submission (“Submissions”), Sponsor will judge such Submissions and select the winners based equally on the originality and creativity of each Submission. All Submissions must be original unpublished works created by the individual entering such Submission and all submission will become the property of Sponsor and will not be returned.
• (d) Any contest/event photos submitted by an entrant via email or text must be in .JPG format and photos larger than 5MB will not be accepted. All photos must be original, unpublished and the sole property of the entrant. In addition, photos may not contain the trademarks of any third party, nor may they contain lewd, inappropriate, threatening or obscene, defamatory or libelous images or content. Sponsor may, in its sole discretion, display any submitted photo in any media, including on Sponsor's websites. By submitting a photo, entrants agree that the photo does not infringe on the intellectual property or other rights of any third party, does not violate any laws, nor does it contain a virus.
• (e) Winner(s) will be notified within five (5) business days following the conclusion of the Promotion by a direct message via Instagram.com (if applicable), and/or via e-mail and/or telephone. If a winner does not respond to such notification within five (5) business days and/or does not meet the stated eligibility requirements, such winner will be disqualified and Nina Shoes reserves the right to randomly select an alternate winner from the remaining eligible entries received for the applicable Promotion. Winner(s) may be required to sign and return an Affidavit of Eligibility, Liability Release and, where legally permissible, publicity release and/or provide other personal or tax information. Winner(s) will have five (5) business days to provide all such information and to execute and return the Affidavit of Eligibility, Liability Release and publicity release (if required by Nina Shoes). By entering, participants in the Promotion release the Released Parties (defined below) from any claims, losses, injuries or damages of any kind resulting from participation in the Sweepstakes or the use or receipt of any prizes. Potential winners (and guests) are subject to background checks. The failure to comply with the foregoing requirements, or the return of any prize or prize notification as undeliverable may cause the winner to forfeit their prize and Nina Shoes reserves the right to select an alternate winner. Sponsor’s decisions concerning selection of winners, as well as all other matters relating to any Promotion, are final and binding. Odds of winning a Promotion will depend on the number of eligible entries received for the applicable Promotion.

 

4. PRIZES: The number and value of prizes awarded in any Promotion will vary, but in no event will the total of value of any prizes awarded in any Promotion exceed $550. Prizes may not be substituted, transferred or assigned except at Sponsor’s sole discretion. Prize includes only what is specified in the prize description.

5. LIMITATION ON LIABILITY: ENTRANTS RELEASE, DISCHARGE, AND AGREE TO INDEMNIFY AND HOLD HARMLESS, SPONSOR AND ITS RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS AND REPRESENTATIVES (THE “RELEASED PARTIES”) FROM AND AGAINST ANY LIABILITY FOR ANY DAMAGES, INJURY OR LOSSES (INCLUDING DEATH) TO ANY PERSON, OR PROPERTY, OF ANY KIND RESULTING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY FROM ACCEPTANCE, POSSESSION, MISUSE OR USE OF ANY PRIZE OR PARTICIPATION IN ANY SWEEPSTAKES RELATED ACTIVITY OR PARTICIPATION IN ANY PROMOTION CONDUCTED BY SPONSOR.

6. GENERAL CONDITIONS: Illegible, unintelligible or incomplete entries or responses will be disqualified. The Released Parties are not responsible for any lost, late, misdirected, stolen or undelivered entries. The Released Parties are not responsible for technical, network, electronic, computer, hardware or software failures of any kind, including any injury or damage to entrant's or any other person's computer related to or resulting from participating in or downloading any materials related to any Promotion. The Released Parties are not responsible for incomplete, garbled or delayed Internet/e-mail computer entries or for any malfunction or technical errors occurring on any Social Media Site on which a Promotion is conducted. In the event that technical or other circumstances compromise a Promotion, Nina Shoes reserves the right to cancel, modify or terminate the Promotion, and/or to select winners for prizes from all eligible entries received prior to the cancellation. The Released Parties are not responsible for typographical errors in the Promotion, any Social Media Site or these rules.

7. CLAIMS/CHOICE OF LAW: All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of entrant in connection with any Promotion, shall be governed by, and construed in accordance with, the laws of the State of New York, without regard for conflicts of law doctrine, and all proceedings shall take place in the State of New York. All participants who enter a Promotion agree to submit to the exclusive jurisdiction of the courts of the State of New York and agree to waive the right to a jury trial with respect to any claim or dispute with regard to any aspect of any Promotion or these Official Rules. Any and all claims, judgments and awards in connection with a Promotion shall be limited to actual out-of-pocket costs incurred in connection with such Promotion but in no event attorneys fees; and under no circumstances will an entrant be permitted to obtain awards for, and entrants hereby waive all rights to claim punitive, incidental and consequential damages and any other damages, other than actual out-of-pocket expenses, and any and hereby waives all rights to have damages multiplied or otherwise increased.

8. PUBLICITY/RELEASE: Except where prohibited by law or regulation, by entering and/or accepting a prize you grant Nina Shoes permission to use your name, username/online alias, likeness, and statements for any purpose in reference to a Promotion without additional compensation, consideration or consent. Sponsor’s use of all information collected from participants will be in accordance with its privacy policy, found at Privacy Policy. Sponsor reserves the right to use any Response or Submission in all print and electronic media, and to edit any Response or Submission for brevity and clarity.

9. WINNER’S LIST: For the name(s) of the winner(s) of a Promotion, please email socialmedia@ninashoes.com within thirty (30) days following the conclusion of the applicable Promotion.