Terms of Service

By accessing this web site, you are agreeing to be bound by these web site Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trade mark law. The foregoing paragraph on liability limitations only relates to the general use of this website. It does not apply to the contract arising from a purchase you make on this website.

Intellectual Property Rights

All copyrights, trademarks, patents and other intellectual property rights in and on our website and all content and software located on the site shall remain the sole property of Xero Shoes.The use of our trademarks, content and intellectual property is forbidden without the express written consent from Xero Shoes.

You must especially not:

* Republish material from our website without our prior written consent.
* Sell or rent material from our website.
* Reproduce, duplicate, create derivative, copy or otherwise exploit material on our website for any purpose.
* Redistribute any content from our website, including onto another website.

Acceptable Use

You acknowledge to use our website only for lawful purposes, and in a way that does not infringe our rights, restrict or inhibit anyone else’s use and enjoyment of the website. Prohibited behavior includes harassing or causing distress or inconvenience to any other user, transmitting obscene or offensive content or disrupting the normal flow of dialogue within our website.

You must not use our website to send unsolicited commercial communications. You must not use the content on our website for any marketing related purpose without our express written consent.

As a convenience for our customers we create user accounts when orders are placed and you will be emailed your user name and password.

Restricted Access

We may in the future need to restrict access to parts (or all) of our website and reserve full rights to do so. If, at any point, we provide you with a username and password for you to access restricted areas of our website, you must ensure that both your username and password are kept confidential.

Permissions

You acknowledge that by making a purchase on this website or by becoming an affiliate of this website, that you may
receive various email communication, including, but not limited to, order information, newsletters, and announcements. You further understand that reviews left for this site may appear on this site as well as in online promotions. You further understand that except for emails directly concerning a specific order, you have the ability to “opt-out” from receiving such communication at any time, typically via a link at the bottom of the email, in accordance with the valid legal regulation.

Revisions

Xero Shoes may change these terms from time to time and so you should check these terms regularly. Your continued use of our website will be deemed acceptance of the updated or amended terms. If you do not agree to the changes, you should cease using our website immediately.

If any of these terms are determined to be illegal, invalid or otherwise unenforceable, it shall be severed and deleted from these terms and the remaining terms shall survive and continue to be binding and enforceable.

Limitation of Liability

THE MATERIALS AT THIS SITE ARE PROVIDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OF INTELLECTUAL PROPERTY, OR FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT SHALL XERO SHOES AND/OR ITS AGENTS AND/OR OFFICERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION, INJURY OR DEATH) ARISING OUT OF THE USE OF OR INABILITY TO USE THE MATERIALS, EVEN IF XERO SHOES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES.

No liability limitations shall apply to damages arising from a lawful use of this website by You and due to our intentional misconduct or gross negligence or arising from our negligently causing bodily (personal) injury.

Alternative dispute resolution (ADR) for EU consumers:

Consumers have a right to contact a local ADR entity in connection with a dispute which they are unable to resolve directly with Xero Shoes.

ADR is a dispute settlement procedure for the out-of-court settlement of national and cross-border disputes under contractual obligations arising from purchase or service contracts concluded between a trader established in the Union and a consumer resident in the Union through the intervention of an ADR entity proposing or imposing a solution or inviting in order to facilitate a friendly solution.

ADR entities are out-of-court (non-judicial) entities. The ADR entity is a neutral party (eg conciliator, mediator, arbitrator, ombudsman or complaints board) that Xero Shoes will use to settle disputes if the consumer opts for ADR settlement. The ADR procedure is cheap, easy and fast, and is therefore beneficial for both consumers and traders, who can thus avoid court costs and lengthy proceedings.