Terms of Service
Welcome to Cenni Shoes Website (the "Site" or "Website"). Cenni (collectively, "we," "our," or "us"), provides services to you, subject to the notices, terms, and conditions outlined in this Agreement ("the Agreement"). Additionally, when you use any of our online services (such as Client Reviews), you will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service. They are incorporated into this Agreement by this reference. We reserve the right to modify these Rules, Terms, and Conditions from time to time. By accessing, browsing, or otherwise using this Website, you (the User) agree to be bound by the Terms and Conditions in effect when you access the Site, as outlined below. Please read this Agreement carefully before proceeding.
1. USE OF THIS WEBSITE
The use of this Website is subject to the following terms and conditions of use and sale ("Terms" or "Terms and Conditions") and all applicable laws. If you do not agree with any or all of the Terms outlined herein, please do not use this Website. Cenni provides you access to this Website subject to your compliance with the Terms herein.
Subject to the Terms and Conditions of this Agreement, we grant you a limited, revocable, non-transferable, and non-exclusive license to access and use this Site by displaying it on your internet browser only to shop for personal items sold on the Site and not for any commercial use or any third party, except where explicitly permitted by us in advance in writing. Any breach of this Agreement shall result in immediate revocation of the license granted in this paragraph without notice to you.
Except as permitted in the paragraph above, you may not reproduce, distribute, display, sell, lease, transmit, create derivative works from, translate, modify, reverse-engineer, disassemble, decompile or otherwise exploit this Site or any portion of it unless expressly permitted by us in writing. You may not make any commercial use of any of the information provided on the Site or make any use of the Site for the benefit of another business unless explicitly permitted by us in advance in writing. We reserve the right to refuse service, terminate accounts, and cancel orders at our sole discretion, including, without limitation, if we believe that clients conduct violates applicable law or is harmful to our interests.
You shall not upload to, distribute, or otherwise publish through this Site any Content, information, or other material that:
- Violates or infringes the copyrights, patents, trademarks, service marks, trade secrets, or other person's proprietary rights.
- Is libelous, threatening, defamatory, obscene, indecent, pornographic, or could give rise to any civil or criminal liability under U.S. or international law.
- This includes any bugs, viruses, worms, trap doors, Trojan horses, and other harmful code and properties.
Cenni reserves the right to change, modify, alter or otherwise update the Terms applicable to this Website at any time without prior written notice and in its sole and absolute discretion. We will notify you of any such changes, modifications, alterations, or updates to this Website by posting information on this Website. Your continued use of this Website following any such change will constitute your acceptance of the new Terms and policies, as modified therein.
Cenni' products and services available through this Website ("Products") may be ordered by individuals who reside within the United States & Canada. This Website is not intended for access or use outside the United States & Canada. However, information you provide through this Website may be used, processed, and stored outside of the United States & Canada, as outlined in our Privacy and Security Policy. You are responsible for ensuring that your access to this Website and the Material and information available on or through it are legal in the jurisdiction in which you access or view the Website. This Website and its contents are not to be construed as an offer to sell any product or service.
3. AGE OF USER
This Website is intended for use by adults only. You should not use this Website to purchase any of our Products unless you are of the age of majority in the jurisdiction in which you reside and access this Website. Using this Website, you represent that you are of legal age to enter into any purchase agreement through this Website and be bound by its Terms. Suppose you are under the age of majority in the jurisdiction you reside in and access this Website. In that case, your parent or guardian should use this Website on your behalf, and you should not use the Website on your own or provide any personal information to Cenni. We do not knowingly collect information from children under the age of 13.
4. PRODUCT PURCHASES AND USER ACCOUNT AND PASSWORD
If you elect to register on the Website for the purchase of Products or otherwise, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer and your account by any third party. You agree to be responsible for all activities on the Website that occur on your account with your password. Cenni reserves the right to refuse service, terminate accounts, or cancel orders in its sole discretion.
5. PRODUCT INFORMATION AND AVAILABILITY
Products which are displayed on this Website and that may be purchased are available for sale and distribution to clients worldwide. Cenni attempts to be accurate in describing all Products available for sale; however, Cenni does not warrant that product descriptions or other content of this Website are accurate, complete, reliable, current, or error-free, as they are updated regularly and change from time to time. Cenni is not responsible for typographical errors regarding the price or any other matter indicated, nor can we guarantee that the User's monitor will accurately portray the actual colors of the Products.
Certain Products may have limited availability or not be available for immediate delivery. Cenni may cease to make Product (s) available at any time without prior notice in its sole discretion. In the event that Cenni is unable to deliver a Product ordered, we will notify you via email and your Order. Your Order will be automatically canceled, and if the Product is unavailable, or we will contact you to allow you to maintain your OrderOrder, subject to a revised delivery time, if and when the Product becomes available. All prices are subject to change.
6. PRODUCT ORDERS
Before submitting an Order for the purchase of Products using this Website, you will move through several steps, including:
- Shopping Cart
- Your Information
- Review and Submit
- Order Confirmed
When you submit your OrderOrder by pressing the button for "Order Confirmed," describing, among other things, the Product (s) to be ordered, the purchase price, and any applicable charges for shipping and taxes, the Order will constitute an offer from you to Cenni to purchase the Product (s) described in the Order Confirmation, for the price and subject to the other charges, terms and conditions as set out in the Order Confirmed section.
As previously mentioned, this Website and its contents are not to be construed as an offer to sell any product or service. Orders are not binding on Cenni until accepted by Cenni. By placing an order on this Website, you consent to receive email communications from us related to that OrderOrder. Cenni's acceptance of your OrderOrder will be evidenced by a return email from Cenni to your email address indicating that your OrderOrder has been accepted.
7. PRODUCT PRICING
All prices and Product orders are quoted and will be processed in American dollars. Although Cenni strives to provide accurate Product and pricing information, errors may occur. Cenni reserves the right to correct any errors in pricing or Product information and to modify the prices of Products, at any time, without prior notice. Cenni cannot confirm the price of a Product until after you submit an Order for the Product. Suppose the Product's price or related information as described on the Website and the "Order Confirmed" section of the Website is incorrect due to an error in pricing or Product information. In that case, Cenni may, in its sole discretion, refuse or cancel the OrderOrder, whether before or after Cenni's acceptance thereof. If there is such an error in pricing, Cenni may cancel the OrderOrder and reverse any charges that have been applied and contact you to request that you place a new order for the Product at the correct price.
8. COMPARE AT PRICING
At Cenni, we offer our clients great products at great prices every day. Our COMPARE AT price typically refers to the manufacturer's suggested retail price (MSRP). Still, when an MSRP is not available, the COMPARE AT price is our estimate of other retailers' ticketed prices for the same or similar items. We believe our COMPARE AT prices fairly reflect the prices used by other retailers. However, others may offer the same or comparable items for less.
9. CONSENT REGARDING ELECTRONIC DOCUMENTS AND COMMUNICATIONS
Using this Website, you consent to the exchange of information and documents between you and Cenni over the Internet or by email. You agree that these Terms, together with any applicable Order confirmation(s) ("Order Confirmed" part of the Order processing on the Website) accepted by Cenni in electronic form, shall be the equivalent of an original written paper agreement between you and Cenni. You further agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy legal requirements that such communications be in writing.
10. LINKS TO OTHER SITES
From time to time, we may include links from our Site to sites owned by entities that are not affiliated with Cenni. Neither Cenni nor its subsidiaries operate or control the content of these third-party sites. We also do not control the goods or services offered through these sites. When you access one of these sites through a link on a Cenni site, you do so at your own risk. When you click on the link from our Site to the other Site, you leave the cennishoes.com site. Cenni and its subsidiaries expressly disclaim any liability for any issues you may experience while visiting any other site.
Cenni reserves the right, in its sole discretion, to limit quantities sold, terminate user accounts, and to refuse or cancel any Order even if the OrderOrder has already been submitted, whether or not the OrderOrder has been confirmed or accepted and whether or not your credit card or pay account has been charged. If your OrderOrder is canceled after your payment has been processed, Cenni will issue a full refund to you.
12. TERMS OF PAYMENT
Terms of payment for Products purchased through this Website shall be determined in Cenni' sole discretion. Payment shall be made by credit or debit card unless Cenni has accepted another pre-arranged payment method in advance. Any payment made by credit card or other means shall be subject to the financial institution's approval that has issued the credit card or other payment method.
Orders including multiple items may be shipped separately. Each shipment may have an additional authorization equal to the individual shipment value. Again, these holds are temporary, and only the actual charge will be applied to the card when the OrderOrder is shipped.
13. SHIPPING RISK OF LOSS AND TAXES
Cenni will ship Product (s) ordered by you according to the delivery method you have selected and the address indicated in the Order Confirmation. Delivery times provided by the Cenni are only estimates, and Cenni shall not be responsible for any damages or costs resulting from any delays in delivery of the Product (s) Ordered.
Unless otherwise stated, all prices quoted do not include shipping and handling charges, applicable federal, provincial, or other sales, or any other taxes or dues. Separate charges for shipping and handling and taxes will be shown on the Order Confirmation for each OrderOrder, as applicable. Clients are responsible for all sales tax, use tax, goods and services tax, harmonized sales tax, and any other taxes and duties associated with the OrderOrder, which may be charged in their jurisdiction.
All Product (s) purchased from Cenni are delivered via third-party delivery companies under a shipping contract. You shall become the Product (s) owner and assume the risks of loss from the time of delivery by Cenni of the Product(s) to the third-party delivery company.
All Product returns are subject to Cenni' Return Policy, the terms deemed to be incorporated herein.
15. PROHIBITED USES
The Website may only be used for lawful purposes and is only available to you for your personal, non-commercial use, which shall be limited to viewing the Website, purchasing products, providing information to the Website, and accessing product information for your review.
You are responsible for your communications, including the transmission, posting, and uploading of information and are responsible for the consequences of such communications to the Website. Cenni specifically prohibits any use of the Website, and requires all users to agree not to use the Website, for any of the following purposes:
- Posting any information which is incomplete, false, inaccurate, or not your own;
- Engaging in conduct that would constitute a civil or criminal offense, giving rise to civil or criminal liability or otherwise violate any city, state/provincial, national or international law or regulation that would fail to comply with accepted Internet protocol;
- Communicating, transmitting, or posting MaterialMaterial that is copyrighted, trademarked, or otherwise owned by a third party unless you are the copyright or trademark owner or have the permission of the owner to post it;
- Communicating, transmitting, or posting MaterialMaterial that infringes on any other intellectual property, privacy, or publicity right of another;
- Communicating, transmitting, or posting MaterialMaterial that reveals trade secrets, unless you own them or have the permission of the owner;
- Attempting to interfere in any way with the Website's or Cenni' networks or network security, or attempting to use the Website's service to gain unauthorized access to any other computer system;
- Communicating, transmitting, or posting MaterialMaterial that violates applicable laws or regulations.
- Violating or attempting to violate the security of the Website, including but not limited to:
- Accessing data not intended for you or logging on to a Cenni server or account, which you are not authorized to access;
- Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization (or succeeding in such an attempt);
- Attempting to interfere or interfering with the operation of the Website, our providing services to any other visitors to the Website, our hosting provider, or our network, including, without limitation, via means of submitting a virus to the Website, overloading, "flooding", "mailbombing" or "crashing" the Website; and
- Forging any TCP/IP packet header or any part of the header information in any email or transmission or posting to the Website.
16. COPYRIGHTS AND TRADEMARKS
Material on this Website, including but not limited to texts, images, illustrations, software, audio clips, and video clips, is owned or provided by Cenni; however, Cenni does not represent or warrant that MaterialMaterial does not infringe the rights of any other person or entity.
The material on this Website is protected in United States & Canada and other jurisdictions by the Copyright and Trademark Acts and all other applicable American and Canadian law and international treaties. Consequently, the MaterialMaterial on this Website may not be copied, reproduced, republished, downloaded, posted, transmitted, distributed, or modified, in whole or in part in any form whatsoever, including but not limited to text, audio, or video, without the prior written consent of Cenni.
Trademarks, logos, and service marks (collectively, "Marks") displayed on this Website are registered or unregistered Marks of Cenni or others and are the property of their respective owners and may not be used without the written permission of the owner of such Marks. Nothing in this Website shall be interpreted as conferring a right to use the Marks or the Material protected by the Copyright Act or Trade-marks Act of the United States and Canada or the appropriate jurisdiction.
Subject to its right to revoke such authorization at any time in its sole discretion notwithstanding the preceding, Cenni authorizes you to make an electronic or paper copy of the information posted on any page of this Website provided that the copy is used solely for non-commercial, personal purposes and that in each case, provided that any such copy remains protected by all copyright, trademarks, service marks and other proprietary notices and legends contained on such Website.
This license does not include the resale of this Website or its contents, any collection of product listings, descriptions, or prices, any other derivative use of this Website or its contents, any downloading or copying of the information contained herein for the benefit of any merchant, or any use of data mining, robots, or similar data gathering and extraction tools.
You may not frame or utilize framing techniques to enclose any page on this Website or any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Cenni without the express written consent of Cenni.
You may not use any Meta tags or any other "hidden text" utilizing Cenni' name or trademarks without the express written consent of Cenni. Any unauthorized use of this Website and its contents will automatically terminate the permission or license granted by Cenni.
Except as otherwise provided herein, nothing in these Terms shall be construed as conferring, in any way whatsoever, any license or right including but not limited to copyright, patent, trademark, or other intellectual property or right of Cenni or any other person or entity.
17. USER OR PURCHASERS MATERIAL
Cenni is not responsible for any text, image, video, audio, or any information, content, or other materials that may be introduced into or posted through this Website or any other Cenni Website including any Cenni pages on social networking sites and web pages such as Facebook (collectively, your or the "Material").
The Material provided by the User of the Website does not necessarily reflect the views, ideas, or opinions of Cenni or any of its divisions, affiliates, subsidiaries, directors, officers, employees, agents, contractors, and suppliers, and Cenni disclaims any and all responsibility for any such Material.
By utilizing this Website, you agree never to knowingly or otherwise introduce or post or provide MaterialMaterial that is defamatory, libelous, slanderous, obscene, abusive, fraudulent, violates any other party's proprietary rights, promotes hatred, or otherwise gives rise to a criminal offense or civil liability on the part of any person or entity or is otherwise unlawful or in contravention of applicable laws and regulations.
You agree to defend and hold Cenni harmless against all claims, damages, liability, losses, or expenses resulting from or related to your use of the MaterialMaterial. Cenni reserves the right to edit, alter or delete any Material at any time without prior notice in its sole discretion.
All MaterialMaterial must be solely for non-commercial, personal purposes and may be protected by applicable copyright laws.
18. USE OF MATERIAL AND CONFIDENTIALITY
You acknowledge and agree that unprotected email communication over the Internet is subject to possible interception, alteration, or loss. You also represent and warrant that your Material and Cenni' use of such MaterialMaterial as permitted in these Terms does not infringe on your rights or the rights of any other person or entity.
By providing any Material, you consent to Cenni' using any of your MaterialMaterial, in whole or in part by any means or in any manner whatsoever, including reproducing, retransmitting, or publishing your MaterialMaterial for the commercial purposes of Cenni, in accordance with the Cenni Privacy & Security Policy.
Cenni may monitor the access to its Website and other activities in relation to its Website for quality control or any other purpose and may intervene in this regard. You consent to such surveillance and intervention should Cenni elect to do so.
20. USE AND MODIFICATION OF WEBSITE
Cenni may, for any reason in its sole discretion and without notice to you, terminate, change, suspend or discontinue this Website or any aspect of it and your use of it, and Cenni shall not be liable to you or any other third party for doing same. Cenni may also impose rules and limits on the use of this Website or restrict your access to all or part of it without notice or liability and at its sole discretion. All rights not expressly granted in these terms shall be deemed to be and are reserved to belong to Cenni.
21. EXCLUSION AND DISCLAIMER OF WARRANTIES
For the purposes of this Section, "CENNI" shall include Cenni' respective Directors, Officers, Employees, Agents, Mandatories, contractors, and any third party suppliers or contractors.
PLEASE NOTE: THIS SECTION SHALL SURVIVE THE TERMINATION OR EXPIRY OF THIS AGREEMENT CONCERNING THE TERMS AND CONDITIONS OF USE.
THE FOLLOWING EXCLUSIONS ARE IN ADDITION TO ANY SPECIFIC EXCLUSION OTHERWISE PROVIDED HEREIN.
CENNI MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO THE FUNCTIONALITY, GOOD WORKING ORDER OR CONDITION OF THIS WEBSITE, ITS SUITABILITY FOR USE, OR THAT ITS USE, OR ANY INFORMATION OR MATERIAL ACCESSED FROM OR THROUGH THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE. CENNI DOES NOT REPRESENT, WARRANT, OR UNDERTAKE THAT ANY ERRORS ON OR RELATING TO THIS WEBSITE MAY OR WILL BE CORRECTED OR THAT ANY SERVER FROM WHICH THE WEBSITE IS OPERATED IS OR WILL BE FREE FROM VIRUSES OR ANY OTHER HARMFUL COMPONENTS.
EXCEPT AS EXPRESSLY PROVIDED FOR HEREIN, THIS WEBSITE AND ALL MATERIALS, PRODUCTS AND INFORMATION PROVIDED THROUGH OR ON THIS WEBSITE ARE PROVIDED TO YOU ON AN "AS IS", "WITH ALL FAULTS" BASIS AND CENNI DOES NOT MAKE ANY REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, EXPRESS OR IMPLIED, WRITTEN OR ORAL, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION
- WARRANTIES AS TO UNINTERRUPTED OR ERROR-FREE TRANSACTIONS, PRIVACY, OR SECURITY;
- ACCURACY, ADEQUACY, OR COMPLETENESS OF THE INFORMATION HEREIN; OR
- THE MERCHANTABILITY, QUALITY, TITLE, DURABILITY, SUITABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE, OR THOSE ARISING OUT OF A COURSE OF DEALING OR USAGE OF TRADE.
22. LIMITATION OF LIABILITY
CENNI WILL NOT BE RESPONSIBLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL, HOWSOEVER CAUSED, INCLUDING BUT NOT LIMITED TO THE FOLLOWING:
ANY LOSS OF DATA, LOST PROFITS, LOST SAVINGS, LOSS OF GOODWILL, LOST BUSINESS, LOSS OF USE OR LACK OF AVAILABILITY OF FACILITIES INCLUDING COMPUTER RESOURCES, ROUTERS AND STORED DATA, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS WEBSITE, INCLUDING WITHOUT LIMITATION THE MATERIALS OR INFORMATION PROVIDED THROUGH THIS WEBSITE, LINKS WITH OTHER WEBSITES OR SOCIAL MEDIA, THE PRODUCTS, OR THE TRANSACTIONS CONDUCTED ON OR FROM ANY CENNI' WEBSITE OR SOCIAL MEDIA, EVEN IF CENNI OR ANY OF ITS LAWFUL AGENTS, CONTRACTORS, EMPLOYEES OR MANDATORIES HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIM.
WITHOUT LIMITING THE FOREGOING, IN NO EVENT WILL CENNI BE LIABLE FOR:
DAMAGES OR LOSSES RESULTING FROM VIRUSES INCLUDING COMPUTER OR WEB BASED VIRUSES, DATA CORRUPTION, FAILED MESSAGES, DAMAGES ARISING AS A RESULT OF SAME OR TRANSMISSION ERRORS OR PROBLEMS, TELECOMMUNICATIONS SERVICE PROVIDERS, CENNI' CONTRACTORS, THE INTERNET BACKBONE, THIRD-PARTY SUPPLIERS OF PRODUCTS OR SERVICES, DAMAGES OR LOSSES CAUSED BY THE USER OR PURCHASER, OR THEIR RESPECTIVE EMPLOYEES, AGENTS, MANDATARIES OR SUBCONTRACTORS, OR OTHER EVENTS BEYOND THE REASONABLE CONTROL OF CENNI.
IF, NOTWITHSTANDING THE LIMITATIONS NOTED HEREIN, CENNI IS FOUND TO BE LIABLE FOR ANY DAMAGE(S) OR LOSS IN CONNECTION WITH THIS WEBSITE, IN NO CASE SHALL CENNI' TOTAL LIABILITY ARISING UNDER ANY CAUSE WHATSOEVER, INCLUDING, WITHOUT LIMITATION, BREACH OF CONTRACT, NEGLIGENCE, GROSS NEGLIGENCE OR OTHERWISE, BE FOR MORE THAN THE AMOUNT PAID BY THE USER OR PURCHASER FOR THE SPECIFIC PRODUCT(S) ORDERED UNDER THIS AGREEMENT AND TO WHICH THE CLAIM RELATES.
IF YOU ARE DISSATISFIED WITH THESE TERMS OR THIS WEBSITE, YOUR SOLE AND UNIQUE REMEDY IS TO DISCONTINUE USING AND ACCESSING THIS WEBSITE.
23. BINDING EFFECT
These Terms and Conditions herein shall inure to the benefit of and are binding upon each of the parties hereto and their respective successors and assigns.
24. GOVERNING LAW
This Website is controlled, owned, and operated by Cenni, and these Terms, this Website, any use of this Website, and any transaction conducted on or from it shall be governed by the laws of the United States and Canada applicable therein without reference to principles of conflict of laws. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.
25. DISPUTE RESOLUTION
The User of this Website or Purchaser of Product(s) on the Website acknowledges and agrees that any dispute that may arise with Cenni in respect of these Terms and Conditions and the transactions contemplated herein shall be resolved by the Provincial and Federal Courts and Tribunals sitting in the United States and Canada and hereby irrevocably submits to the personal and exclusive jurisdiction and venue of these courts.
If any one of these Terms or Conditions shall be deemed invalid, void, or for any reason unenforceable, then such Term or Condition shall be deemed severable from the remaining Terms and Conditions and shall not affect the validity and enforceability of any remaining Terms and Conditions.
Cenni makes no representation that materials, information, or Products provided on or through this Website are appropriate or available for use in other locations or jurisdictions. Those who choose to access this Website from other locations or jurisdictions do so on their own initiative and at their own risk and are responsible for compliance with local laws, if and to the extent local laws are applicable.
28. NO WAIVER
Cenni' failure to enforce any provision(s) of these Terms or Conditions or to respond to a breach by you or any third party of these Terms or Conditions shall not in any way waive the right of Cenni to enforce any of the Terms and Conditions contained herein subsequently or to act with respect to other similar or future breaches.
29. ENTIRE AGREEMENT
The Terms and Conditions, together with all other agreements, terms, or conditions incorporated or referred to herein, constitute the entire Agreement between you and Cenni with respect to the use of this Website and any transaction conducted on or from this Website and its contents, supersede any prior understandings or agreements (whether electronic, oral or written) regarding the subject matter hereof, and may not be amended or modified except in writing, or by Cenni making such amendments or modifications available to it pursuant to the Terms and Conditions hereof.
30. NO ASSIGNMENT
You may not assign your rights or obligations herein without the express written consent of Cenni.
Cenni reserves the right to terminate your access to all or any part of this Website, with or without notice in its sole discretion.
The headings used herein are inserted purely for the purposes of convenience or reference and do not affect the construction or interpretation of the Terms and Conditions herein.