COMFORT SHOE HAVEN
Terms and Conditions Of Use
Please read this agreement carefully. By accessing this website, and the services and goods provided through the web site, you agree to these terms of using COMFORTSHOEHAVEN.COM (herein referred to a "the website").
1. YOUR ACCEPTANCE OF THIS AGREEMENT
This is an agreement between you and COMFORT SHOE HAVEN, and governs your use of the Web Site and its content and the services and goods provided through the Web Site. Each time you use the Web Site you signify your acceptance and agreement. If you do not agree with each provision of this Agreement you may not use the Web Site.
2. CHANGES TO THIS AGREEMENT
COMFORT SHOE HAVEN may, in its sole discretion, change or amend this Agreement for any reason, and without any notice or liability to you.
3. PERMITTED USERS
You must be 18 years of age or older to use and purchase products from this website.
4. PERSONAL NON COMMERCIAL USE
You may download, copy or print hard copies of any of the Web pages from this web site provided that such copying or printing is for your personal non-commercial and lawful use, and provided that such copies clearly display the copyright, and any other proprietary notices of COMFORT SHOE HAVEN.
5. MISPRINTS ERRORS, AND OMISSIONS
COMFORT SHOE HAVEN works hard to ensure current and accurate information on the Web Site. However, misprints or other errors (including pricing errors) may occur. COMFORT SHOE HAVEN does not warrant or guarantee that the information on this web site will be accurate 100% of the time. If you place an order for item(s) that had an error in the price of the item, you will be notified by email before we ship the item(s) to correct the error. We apologize for the inconvenience in such cases.
The advertisements on the Website are invitations to you to make offers to purchase products on the Website and are not offers to sell. Any errors or omissions may be modified by COMFORT SHOE HAVEN prior to shipping the item(s) to you. An offer to purchase, even if paid for, is not a sale until it is shipped to you.
If a product you purchase does not match the description on the Website you may return the product, unopened and unused, to COMFORT SHOE HAVEN and receive a refund of your purchase price, as your sole and exclusive remedy.
COMFORT SHOE HAVEN reserves the right to:
(a) correct any error or omission at any time prior to shipping the item(s), without prior notice or liability to you or any other person;
(b) change the product information and services advertised, the prices and specifications of such products and services, any promotional offers and any other Website content without any notice or liability to you or any other person, at anytime;
(c) correct any error or omission or cancel any order, (including accepted and paid orders that have not been shipped) for any reason. If your credit card has been charged for a purchase that contains an error and you decline the order, COMFORT SHOE HAVEN shall promptly issue a credit to you.
(d) limit quantities available for sale or sold.
6. NO ADVICE OR SOLICITATION
THE WEB SITE IS FOR INFORMATIONAL PURPOSES ONLY. THE WEB SITE IS NOT INTENDED TO BE A COMPREHENSIVE OR DETAILED STATEMENT CONCERNING THE MATTERS ADDRESSED; NOR IS IT OFFERING ADVICE OR ANY RECOMMENDATIONS; NOR IS IT AN OFFER TO SELL OR BUY ANY PRODUCT OR SERVICE. YOU SHOULD SEEK PROFESSIONAL ADVICE AND RECOMMENDATIONS BEFORE ACTING OR OMITTING TO ACT BASED UPON ANY INFORMATION PROVIDED ON OR THOUGH THE WEB SITE.
7. PRODUCT AVAILABILITY & BACK ORDERS
COMFORT SHOE HAVEN cannot guarantee that goods or services listed on the Web Site will be available at the time when ordered or thereafter. COMFORT SHOE HAVEN also reserves the right at any time to correct, or cancel any order for any reason whatsoever. For all order requests, we check availability of our stock and if it is not in stock, we then contact the supplier and order the product once the customer has paid for the order.
If a product has been placed on back order with any of our suppliers, we will notify you via email or phone. If the supplier provides an estimated delivery time, we cannot guarantee that this time will be 100% accurate but we will work hard to ensure you receive the product within a reasonable time frame if possible. We will inform the customer of the expected arrival date for products placed on back order with our suppliers.
For in stock items, we ship the product on a next day basis, excluding weekends and holidays. For product ordered from the supplier, as soon as we receive the product from the supplier, we check and ship the product to the customer within 24 hours of receiving it. Once shipped, we email the customer a shipping tracking number so the customer can track their shipment until arrival. If the customer does not receive the shipping tracking number via email the customer should call us to obtain it.
8. VOLUME PURCHASING
COMFORT SHOE HAVEN reserves the right to limit quantities licensed or sold from this web site.
9. PRODUCT WARRANTIES
If a product is defective, the manufacturer's warranty applies. Warranty information can be checked for most products offered online by clicking on the Warranty Information Link located on the display page of the product, or you may request the warranty information before you buy by contacting us directly.
10. LIABILITY DISCLAIMER
YOUR USE OF THE WEB SITE IS AT YOUR OWN RISK. THE WEB SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AND INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE OR DURABILITY, ALL OF WHICH ARE HEREBY DISCLAIMED BY COMFORT SHOE HAVEN AND THE PROVIDERS TO THE FULLEST EXTENT PERMITTED BY LAW.
COMFORT SHOE HAVEN IS NOT RESPONSIBLE FOR LATE, LOST, INCOMPLETE, ILLEGIBLE, STOLEN MESSAGES OR MAIL, UNAVAILABLE NETWORK CONNECTIONS, FAILED, DELAYED, INCOMPLETE, COMPUTER TRANSMISSIONS, ON-LINE FAILURES, HARDWARE, SOFTWARE OR OTHER TECHNICAL MALFUNCTIONS OR ANY OTHER COMMUNICATIONS FAILURES OR CIRCUMSTANCES AFFECTING, DISRUPTING OR CORRUPTING COMMUNICATIONS. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION TO ANY COMPUTER OR OTHER EQUIPMENT ARISING FROM, CONNECTED WITH, OR RELATING TO YOUR USE OF THE WEB SITE. THE OPERATION OF THE WEB SITE MAY NOT BE CONTINUOUS OR UNINTERRUPTED OR SECURE. SECURITY AND PRIVACY RISKS CANNOT BE TOTALLY ELIMINATED.
11. MAXIMUM LIABILITY
IF, NOTWITHSTANDING THE FOREGOING, COMFORT SHOE HAVEN SHOULD BE FOUND LIABLE FOR ANY LOSS OR DAMAGE WHICH ARISE OUT OF OR IS IN ANY WAY CONNECTED WITH ANY OF THE FUNCTIONS OR USES OF THE WEBSITE OR ITS CONTENT, THE LIABILITY OF COMFORT SHOE HAVEN SHALL IN NO EVENT EXCEED IN THE AGGREGATE $200 CAD.
12. LIABILITY EXCLUSION
IN NO EVENT WILL COMFORT SHOE HAVEN BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES RESULTING FROM LOSS OF PROFITS OR INCOME, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, EVEN IF COMFORT SHOE HAVEN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOU SHALL INDEMNIFY AND SAVE HARMLESS COMFORT SHOE HAVEN AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, CONTRACT WORKERS, CONSULTANTS, REPRESENTATIVES AND AGENTS FROM AND AGAINST ANY CLAIM, CAUSE OF ACTION OR DEMAND, INCLUDING WITHOUT LIMITATION REASONABLE LEGAL, ACCOUNTING AND OTHER PROFESSIONAL FEES, BROUGHT AS A RESULT OF YOUR USE OF THE WEBSITE.
ADVICE AND INFORMATION PROVIDED BY COMFORT SHOE HAVEN OR ITS REPRESENTATIVES, WHETHER ORAL OR WRITTEN, WILL NOT CREATE ANY REPRESENTATION, WARRANTY OR CONDITION OR VARY OR AMEND THIS AGREEMENT, INCLUDING THE ABOVE LIABILITY DISCLAIMER, LIABILITY EXCLUSION, MAXIMUM LIABILITY AND INDEMNITY PROVISIONS, AND YOU MAY NOT RELY UPON ANY SUCH ADVICE OR INFORMATION.
14. ACOUNT LOGIN NAMES AND PASSWORDS
When placing an order request with our website you may be asked to create an account with us. This account is used for the purchase of goods and services, future purchase of goods and services and is for your convenience only. COMFORT SHOE HAVEN may terminate your website account with us at anytime for any reason. Web Site accounts may be accessed only by use of a unique login name and password. The use of a password does not restrict access by COMFORT SHOE HAVEN and its Providers to the password-protected information. Login names and passwords may not be shared. For security reasons, you must keep your login name and password confidential and not disclose them to any person or permit any other person to use them, except an authorized COMFORT SHOE HAVEN representative. Also, passwords must be non-obvious, hard-to-guess, confidential and changed on a regular basis, and you must log-out at the end of each session.
THE SECURITY AND PRIVACY PROVIDED BY PASSWORDS IS NOT COMPLETE, AND YOUR USE OF PASSWORDS IS AT YOUR OWN RISK.
15. OTHER SITES
The website may contain links to other Web Sites. The Linked Sites are not under the control of COMFORT SHOE HAVEN. COMFORT SHOE HAVEN is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Each individual website participating in a link exchange at COMFORTSHOEHAVEN.COM is responsible for setting and explaining their own individual security , shipping, return, and other policies applicable to purchasing their products and services. If you decide to access other web sites, you do so at your own risk. Complaints regarding a website linked from our website should be emailed to us . We will investigate every complaint and will take action to resolve the complaint regarding the linked website as we deem appropriate.
16. OWNERSHIP AND COPYRIGHT OF COMFORTSHOEHAVEN.COM
The website is the property of John Bellone Musical Instruments. All information on this Web site is protected by copyright. Unless otherwise specified in writing, no one has permission to copy, redistribute, reproduce or republish, in any form, any information found on the Web site.
In addition, certain names, words, titles, phrases, logos, icons, graphics or designs in the pages of this Web site may constitute trade names, trademarks or service marks third party companies of products we sell. Any unauthorized downloading, re-transmission, or other copying or modification of trademarks and/or the contents of the site may be a violation of statutory or common law governing trademarks and/or copyrights and could subject the copier to legal action.
17. LINKING AND FRAMING THE WEB SITE
Linking to the Web Site within frames without the express written permission of COMFORT SHOE HAVEN is strictly prohibited. To request permission to link to the Web Site within frames, please contact us. COMFORT SHOE HAVEN reserves the right to cancel and revoke any permission it may give to link to the Web Site at any time, for any reason, without any notice, and without any liability to you or any other person. The framing of the Web Site or any of its content in any form and by any method is strictly prohibited.
The invalidity, illegality or unenforceability of any one or more provisions of this Agreement shall not affect or impair any other provisions of this Agreement.
19. GOVERNING LAW AND DISPUTE RESOLUTION
You agree to attempt to resolve any disputes with COMFORT SHOE HAVEN prior to resorting to litigation. This Agreement shall be governed by, interpreted and enforced in accordance with the laws of the Province of Ontario and the federal laws of Canada. Any action relating to this Agreement must be brought in the provincial courts located in Toronto, Ontario, Canada.
20. AGREEMENT BY USE
Use of this website constitutes acceptance of the above Terms Of Website Use Agreement. This Agreement is subject to change without notice and it is your responsibility to review this agreement at each visit to our website.