Effective Date: July 25, 2020
Use of the website operated by Del Creates LLC, and its affiliates (collectively, “Del Creates,” “we,” “us,” “our”) with its home page located at www.delcreates.com, any related apps that Del Creates may provide, together with all products and services Del Creates may offer from time to time via Del Creates’ website and/or related apps, Del Creates’s related social media sites and pages (for example, on Instagram, Twitter, and Facebook), or otherwise through your interactions with Del Creates (the website, apps, products, services, and social media pages, collectively, the “Services”) are subject to the terms and conditions stated herein (“Terms and Conditions”).
By your use of the Services you agree to these Terms and Conditions, and you certify that you are 18 years old or older and are able and competent to give Del Creates rights as provided in these Terms and Conditions and to comply with these Terms and Conditions. The Services are not intended for individuals under the age of 18.
Del Creates reserves the right to refuse service and/or prohibit or terminate access to the Services, in whole or in part, for any or no reason, at any time in its sole discretion, with or without notice to you. Further, your breach of these Terms and Conditions may jeopardize your continued use of the Services and may result in the cancellation of your orders, among other consequences.
THE USE OF ANY ROBOT, SPIDER, OR OTHER AUTOMATIC DEVICE OR SOFTWARE IN CONNECTION WITH THE SERVICES IS STRICTLY PROHIBITED. IN THE EVENT WE REASONABLY DETERMINE THAT ANY ORDER OR ATTEMPTED ORDER WAS MADE BY OR THROUGH USE OF ANY ROBOT OR OTHER AUTOMATIC DEVICE OR SOFTWARE, WE HAVE THE RIGHT, IN OUR SOLE AND ABSOLUTE DISCRETION, TO DENY OR CANCEL ANY SUCH ORDER, TO REFUSE TO ACCEPT ANY RETURNS OR OFFER REFUNDS, AND/OR TO CHARGE RESTOCKING FEES.
BY USING THE SERVICES, YOU AGREE TO ARBITRATE DISPUTES AGAINST DEL CREATES IN YOUR INDIVIDUAL CAPACITY IN ACCORDANCE WITH THE “Arbitration; Class Action Waiver; Jury Trial Waiver; Enforcement of Terms and Conditions; Governing Law” SECTION BELOW AND YOU ARE WAIVING YOUR RIGHT TO ACT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
Modifications to These Terms and Conditions
Del Creates reserves the right, at any time and without notice, to add to, change, update, or modify these Terms and Conditions simply by posting such addition, change, update, or modification on the Services. Any such change, update, or modification will be effective immediately upon posting on the Services. We suggest that you check these Terms and Conditions periodically for changes.
To understand how we collect, use and safeguard the information you may provide to us via the Services, including personal information, please review our “Privacy Statement”.
If you create an account on the Services, you are responsible for maintaining the confidentiality of your account information and password, and for protecting and restricting access to that information and your account. You understand and agree that you are responsible for all activities that occur using your account or password, whether or not you authorized such activity. We reserve the right, in our sole discretion and without notice to you, to terminate your account and/or to restrict access to all or part of the Services for any reason, including, without limitation, for extended periods of inactivity.
Del Creates endeavors to be accurate when describing and displaying products on the Services. However, items may occasionally be mispriced, described inaccurately, or unavailable (for example, due to delays with respect to updating the Services or our advertising on other websites). Certain weights, measures and similar descriptions, if and when provided, are approximate and are provided for convenience purposes only, and fit and sizing may vary between brands, products, and even among the same or similar products. The particular technical specifications and settings of your computer and its display could affect the accuracy of its display of the colors of products offered on the Services. As a result, and as set forth in the “Disclaimers” section below, Del Creates does not and cannot guarantee the accuracy, reliability, currency or completeness of the information on the Services, including, but not limited to, prices, product images, descriptions, specifications, and indications of availability. Del Creates reserves the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
Pricing and Payment
The price for all goods will be as quoted on the Services. The prices displayed on the Services are quoted in U.S. dollars. Prices and availability information are subject to change without notice. Prices do not include sales tax, where applicable, or delivery costs, both of which you agree to pay upon ordering.
All orders placed by you are subject to acceptance by Del Creates and all items are subject to availability.
Acknowledgement of your order means that Del Creates has received your order request; it does not mean that your order has been accepted or shipped, or that the price or availability of an item has been confirmed. Del Creates may, in its discretion, require additional verification or information before accepting any order.
Del Creates reserves the right, without prior notice and in its sole discretion, to refuse or cancel any order for any reason. Some situations that may result in your order being canceled include, but are not limited to: invalid, incomplete, improper, or missing payment or shipping information; limitations on quantities available for purchase; inaccuracies or errors in product or pricing information; use of any robot, spider or other automatic device, software, process or application to place, or take preparatory steps to place, one or more orders; violation of these Terms and Conditions; or actual or suspected fraud or abuse.
Del Creates will verify the availability and price of an item before it is shipped. If an item’s correct price is higher than the stated price, if the item is no longer available, or if Del Creates determines that there were inaccuracies in the product information, Del Creates may cancel your order and notify you of such cancellation via email.
Risk of Loss
All purchases through the Services are made pursuant to a shipment contract. This means that the risk of loss and title for items ordered pass to you upon Del Creates’ delivery of the items to the shipping carrier. Except as expressly set forth in these Terms and Conditions, you are responsible for filing any claims with the applicable carrier for damaged and/or lost shipments.
Shipping and Returns/Exchanges
Del Creates accepts orders from and ships only within the United States and Canada.
Once an order is placed it cannot be canceled. All sales are final and there are not subject to return, refund or exchange.
For domestic orders, please allow approximately 7 business days for order processing and verification. For Canadian orders, please allow at least 10 business days for order processing and verification.
To protect our customers, we are unable to change/intercept the shipping address of a package to alter its delivery, and we will only ship to the address provided at checkout, which must match the billing address.
Due to our Fraud Protection Policy, all online orders are required to have identical billing and shipping addresses. To minimize any fraudulent transactions, any orders with different shipping and billing addresses will not be processed.
We are unable to combine shipping on multiple orders.
Outside of the United States, Del Creates will accept and ship orders to Canada. However, please note that Del Creates will not calculate, invoice, or collect any taxes, duties, import fees, or related amounts or charges (“Duties”) other than shipping costs at checkout. You are responsible for paying all applicable Duties. Del Creates is not responsible for, and will not reimburse, any Duties or costs (including costs of return shipping) resulting from your refusal or failure to pay Duties.
Lost or Stolen Package
As noted above, Del Creates is not responsible for any lost or stolen shipments. However, if your package does not arrive, please contact [email protected] to see if we can assist with tracking the package.
Defects; Imperfections; Other Issues
Del Creates customizes shoes that are made and manufactured by other companies such as Nike, Jordans, and Vans. Del Creates is not a manufacturer of shoes or any other products it offers for sale. All of the products offered are purchased at retail, customized by Del Creates and then offered for sale by Del Creates. All of the materials used to customize the shoes and other products offered by Del Creates are also purchased at retail and cut and placed on the products offered by Del Creates. Accordingly, Del Creates makes no representations or warranties as to the shoes and other products offered. Del Creates is also not responsible for any defects, imperfections, factory flaws, or other issues with the underlying products that it customizes or the materials used to customize the products offered by Del Creates.
All purchases from Del Creates are “Final Sale” and are not subject to return or exchange.
License for Personal Use
Subject to these Terms and Conditions, you are hereby granted a personal, non-exclusive, revocable, non-transferrable license to use the Services and view the content, functionality, software, information, data, products, and materials contained, described, referenced, or available on the Services (collectively, the “Materials”) for your personal and non-commercial purposes. Neither title nor intellectual property rights are transferred to you, but remain with Del Creates, who, along with its licensors, is the exclusive owner of all rights, title and interest therein. Except as otherwise expressly provided, all rights are reserved to Del Creates.
In connection with this license, you may download Materials, provided that you do not modify or alter the Materials in any way, nor delete, obscure, or change any copyright, trademark, or other intellectual property notice therein.
You may include a link to the Del Creates website on one or more other websites operated by you, provided such websites link to the home page (www.delcreates.com) only and you are not linking from any site or service that violates any of the below “Restrictions on Use” or that is or contains Malicious Code (as defined below) and/or content that is disparaging, abusive, harassing, illegal, discriminatory, fraudulent, or violates the intellectual property, privacy, or other rights of Del Creates or any person or entity. Linking to other content within the Services is prohibited without Del Creates’ prior express written consent. This limited license expressly prohibits the framing of Del Creates content in any way or any other activity that may confuse, misdirect, or misrepresent with respect to sponsorship or affiliation.
Del Creates does not claim, and the limited license granted in these Terms and Conditions do not include or purport to include any rights whatsoever to any third party products used to create the customized shoes and other products offered by Del Creates, or any rights or association with third party brands, logos, or other intellectual property rights of third parties (“Third Party Rights”). Del Creates specifically disclaims any ownership or other interest in such Third Party Rights.
Restrictions on Use
You agree that you will not:
(a) Copy, reproduce, modify, use, republish, upload, post, transmit, sell, resell, license, rent, lease, lend, otherwise distribute or commercially exploit in any way, decompile, reverse engineer, disassemble, otherwise attempt to derive source code from, or modify or create derivative works based on, the Services or any Materials obtained from or through the Services;
(b) “Frame” or use the Services or any Materials in any way that might confuse, misdirect, or misrepresent their source, or sponsorship or affiliation thereof or therewith;
(c) Use any robot, spider or other automatic device, manual process or application or data mining or extraction tool to access, monitor, copy or use the Services or any Materials, interfere with product inventory or availability, or place or take preparatory steps to place orders for products, goods, or services;
(d) Take any action that imposes an unreasonable or disproportionately large load on the Services;
(e) Take any action in connection with your use of Services or Materials which violates any applicable local, state, national or international law, rule, regulation or order of any court in conjunction with your use thereof; or
(f) otherwise use the Services for any unlawful or abusive purposes, including, but not limited to, the violation of any intellectual property rights (whether belonging to Del Creates or third parties) and the posting or distribution of any “harmful” or “malicious” code or programming devices (e.g., viruses, malware, ransomware, corrupted files, key locks, back doors, trap doors, timers or other disabling devices) or any other similar software or programs that may adversely affect the operation of the Services or any other software, hardware, network or other technology (collectively, “Malicious Code”).
FINALLY, DO NOT USE THE SERVICES WHILE OPERATING A MOTORIZED VEHICLE OR WALKING. SUCH USE MAY DISTRACT YOU, MAY CREATE A HAZARD FOR YOU OR OTHERS AND IS ILLEGAL IN MANY AREAS.
THE SERVICES AND ALL MATERIALS ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, (a) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, OR TITLE; (b) ANY WARRANTY REGARDING THE AVAILABILITY, ACCURACY, RELIABILITY, OPERATION, USE, OR PERFORMANCE OF THE SERVICES OR MATERIALS; (c) ANY WARRANTY THAT DEFECTS WILL BE CORRECTED OR THAT THE SERVICES, MATERIALS, AND/OR THE SERVER(S) AND CONNECTIONS THAT MAKE THEM AVAILABLE WILL BE UNINTERUPTED, SECURE, OR FREE OF ERRORS OR MALICIOUS CODE; AND (d) ANY IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.
IN ADDITION, DEL CREATES CANNOT AND DOES NOT REPRESENT, GUARANTEE OR WARRANT THAT THE MATERIALS ACCESSIBLE ON OR VIA THE SERVICES ARE ACCURATE, CORRECT, COMPLETE, RELIABLE, OR CURRENT, AND DEL CREATES IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS THEREIN, OR ANY CONSEQUENCES RESULTING FROM YOUR RELIANCE ON SUCH INFORMATION.
Limitations of Liability
TO THE EXTENT PERMITTED BY APPLICABLE LAW, NEITHER DEL CREATES, ITS PARTNERS, NOR ANY OF ITS OR THEIR THIRD PARTY PROVIDERS OR LICENSORS WILL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, AND CONSEQUENTIAL DAMAGES, EVEN IF DEL CREATES HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE SERVICES, OR ANY MATERIALS, PAGES, OR CONTENT ACCESSIBLE VIA THE SERVICES, NOR WILL DEL CREATES, ITS PARTNERS, OR ANY OF ITS OR THEIR THIRD PARTY PROVIDERS OR LICENSORS BE RESPONSIBLE FOR ANY DAMAGES WHATSOEVER THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE WHETHER OR NOT CAUSED BY EVENTS BEYOND THEIR REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ACTS OF GOD, GOVERNMENT ORDERS, COMMUNICATIONS LINE FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO OUR RECORDS, MATERIALS, OR SERVICES.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, DEL CREATES’ TOTAL LIABILITY UNDER THIS AGREEMENT, COMBINED WITH THAT OF DEL CREATES’ PARTNERS AND ITS AND THEIR THIRD PARTY PROVIDERS AND LICENSORS, WHETHER IN CONTRACT, TORT OR OTHERWISE, WILL NOT EXCEED AN AMOUNT EQUAL TO THE TOTAL AMOUNTS YOU PAID TO US UNDER THIS AGREEMENT; PROVIDED.
To the extent permitted by applicable law, you agree to indemnify and hold Del Creates, its partners, licensors, and its and their affiliates, members, officers, directors, managers, partners, employees, consultants, temporary resources, agents, suppliers, providers, contractors, subcontractors, licensors, successors, transferees, and assignees harmless from and against any and all damages, liabilities, actions, causes of action, suits, claims, demands, losses, costs and expenses (including without limitation reasonable attorneys’ fees, disbursements and court costs, including any incurred in enforcement of this indemnification provision) arising from or in connection with (a) your use of the Services, or any Materials, content, information, or services contained, displayed, available or accessible on or from the Services; (b) your violation of these Terms and Conditions; (c) any Submission (as defined below) provided by you to Del Creates; or (d) your violation of any rights of any third party.
The Services may provide links or references to third party websites, mobile applications, services, or materials which are not provided by, related to, or maintained by Del Creates. Del Creates has no responsibility for the content thereof, regardless of whether the link is provided by Del Creates or a third party, and Del Creates will not be responsible or liable for any damages or injury arising from your access to or use of that content. You should review any Terms and Conditions and Privacy Policies or Statements (and similar documents) associated with such third-party websites, applications, services, or materials before use.
The display of any link will not and does not constitute or imply endorsement by Del Creates or its partners or its and their licensors of the linked website or any content therein. No judgment or warranty is made with respect to the accuracy, timeliness, or suitability of the content of any website to which the Services may link, including information on such other website regarding Del Creates or its partners.
While Del Creates appreciates your comments and is happy to answer your questions about our products, our services, and our company, we generally do not accept ideas, know-how, inventions or suggestions for products and services (“Submissions”). This is for your protection and for ours, and to avoid misunderstanding about the origin of Submissions between you and Del Creates.
Please note that any Submissions, remarks, graphics, or other information provided by you by any means, including through the Services, email, a “Contact Us” form, any “Live Chat” functionality on the Services, or otherwise, is and will be non-confidential and non-proprietary, except to the extent that such contains or constitutes personal information, which is subject to the guidelines established in our “Privacy Statement”.
Arbitration; Class Action Waiver; Jury Trial Waiver; Enforcement of Terms and Conditions; Governing Law
You acknowledge and agree that the terms contained in these Terms and Conditions are reasonable and necessary, and that your actual or threatened breach of these Terms and Conditions would give rise to irreparable harm to Del Creates for which monetary damages would not constitute an adequate remedy and, in addition to any and all other rights that may be available in respect of such breach or threatened breach, will entitle Del Creates to immediate injunctive and other equitable relief without any requirement to post bond.
These Terms and Conditions are governed and interpreted pursuant to the laws of the State of Arizona, United States of America, notwithstanding any principles of conflicts of law. Del Creates makes no representation that Materials provided through the Services are applicable or appropriate for use in all locations. If you use the Services from other locations you are responsible for compliance with applicable local laws. If you take legal action relating to these Terms and Conditions or your interactions with or relationship to Del Creates that is not subject to arbitration as provided below, you agree to file such action only in the state and federal courts located in Maricopa County, Arizona and waive any objection you may have to the venue or forum.
Any controversy or claim between you and Del Creates arising out of or relating to these Terms and Conditions, or breach thereof, including disputes with respect to whether the subject matter of any controversy or claim is within the scope of the Terms and Conditions, will be resolved by binding arbitration in Maricopa County, Arizona under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and administered by the AAA. The parties explicitly disclaim any applicability of the U.N. Convention on Contracts for the International Sale of Goods to these Terms and Conditions. All arbitration proceedings will be conducted in English. Such arbitration will have one (1) neutral arbitrator. Arbitrators must be (a) a lawyer licensed to practice law in the United States with a minimum of fifteen (15) years of legal practice or senior level business experience or a retired judge with a minimum of five (5) years of service on the bench, (b) an individual with at least five (5) years of experience as an arbitrator, and (c) on the roster of neutrals of the AAA or similar nationally recognized ADR organization.
Neither you nor Del Creates will participate in a class action or class-wide arbitration for any claims covered by these Terms and Conditions. Any dispute resolution proceeding will be conducted only on an individual basis and not in a class, consolidated or representative action. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, YOU WAIVE, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY RIGHT TO TRIAL BY JURY IN ANY ACTION, SUIT, CLAIM OR PROCEEDING BROUGHT TO ENFORCE, DEFEND OR INTERPRET ANY RIGHTS OR REMEDIES ARISING HEREUNDER, RELATING TO OR IN CONNECTION WITH THESE TERMS AND CONDITIONS.
If any part of these Terms and Conditions is found to be unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of remaining provisions.
You may not assign or otherwise transfer these Terms and Conditions or any rights or obligations hereunder, in whole or in part, and any such assignment in violation of this Agreement will be null and void. The failure of Del Creates to exercise or enforce any right or provision set forth in these Terms and Conditions will not constitute a waiver of such right or provision. These Terms and Conditions set forth the entire understanding between you and Del Creates with respect to the subject matter hereof and supersede any prior or contemporaneous communications, representations, or agreements, whether oral or written, between you and Del Creates with respect to such subject matter.
Amendments and Modifications to the Services
Del Creates reserves the right to make changes to the information, data, and Materials provided on the Services at any time without notice. Del Creates also reserves the right to modify or discontinue the some or all of the Services, or any Materials contained or accessible thereon, at any time without prior notice. Del Creates will in no way be held liable for any consequence which results from Del Creates’ decision to modify or discontinue providing the Services or any content or functionality thereof.
You guarantee that (a) you are not located in a country that is subject to U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.
Del Creates expressly reserves the right to monitor any and all use of the Services. Del Creates also reserves the right to investigate and take legal action against any against any illegal and/or unauthorized use of the Services and/or Materials. Del Creates’ decision not to pursue legal action for any violation of this Agreement will not be construed as a waiver of any provision of this Agreement or any of Del Creates’ legal rights.
These Terms and Conditions constitute the entire agreement between you and Del Creates with respect to the subject matter hereof and supersede all prior or contemporaneous agreements, understandings, and representations, whether written, oral, or otherwise.
Questions regarding these Terms and Conditions should be directed to:
[email protected] and please include in the subject line Terms and Conditions Questions