OVERVIEW
This website is managed by Comfort Wear. Across the site, the words “we”, “us” and “our” refer to Comfort Wear. Comfort Wear makes this website available to you, including the information, tools and services offered here, provided that you accept all terms, conditions, policies and notices stated on this page.
By browsing this site and/or purchasing from us, you use our “Service” and agree to follow these terms and conditions (“Terms of Service”, “Terms”), including any additional terms, conditions and policies referenced here and/or available by hyperlink. These Terms of Service apply to every user of the site, including, without limitation, visitors, vendors, customers, merchants and content contributors.
Please review these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to these Terms of Service. If you do not accept every term and condition of this agreement, you may not access the website or use any services. If these Terms of Service are treated as an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools added to the current store will also be covered by the Terms of Service. You may review the latest version of the Terms of Service at any time on this page. We may 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 from time to time for changes. Continued use of, or access to, the website after any updates are posted means you accept those changes.
Our store is hosted by Shopify Inc., which provides the online e-commerce platform that allows us to sell our products and services to you.
SECTION 1 - ONLINE STORE TERMS
By accepting these Terms of Service, you confirm that you are at least the age of majority in your state or province of residence, or that you are the age of majority there and have given us permission for any minor dependents to use this site.
You may not use our products for any unlawful or unauthorized purpose, and you may not, while using the Service, violate any laws in your jurisdiction, including but not limited to copyright laws.
You must not send worms, viruses or any destructive code.
Any breach or violation of the Terms will lead to immediate termination of your Services.
SECTION 2 - GENERAL CONDITIONS
We may refuse service to anyone, for any reason, at any time.
You understand that your content, excluding credit card information, may be transferred without encryption and may involve transmissions over different networks, as well as changes made to meet 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, access to the Service, or any contact on the website through which the service is provided, without our express written permission.
The headings used in this agreement are included only for convenience and do not limit or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information available on this site is inaccurate, incomplete or not current. The material on this site is provided for general information only and should not be relied upon as the sole basis for decisions without consulting primary, more accurate, more complete or more timely sources. Any reliance on material on this site is at your own risk.
This site may include certain historical information. Historical information is not current and is provided only for reference. We may modify the contents of this site at any time, but we have no obligation to update information on our site. You agree that monitoring changes to our site is your responsibility.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products may change without notice.
We may modify or discontinue the Service, or any part or content of it, at any time without notice.
We will 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 offered only 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 show the colors and images of our products in the store as accurately as possible. We cannot guarantee that your computer monitor will display any color accurately.
We may, but are not required to, limit the sale of our products or Services to any person, geographic region or jurisdiction. We may use this right on a case-by-case basis. We may also limit the quantities of any products or services that we offer. All descriptions of products and product pricing may change at any time without notice, at our sole discretion. We may discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not guarantee that the quality of any products, services, information or other material purchased or obtained by you will meet your expectations, or that errors in the Service will be corrected.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We may refuse any order you place with us. We may, at our sole discretion, limit or cancel quantities purchased per person, household or order. These restrictions may include orders placed by or under the same customer account, using the same credit card, and/or using the same billing and/or shipping address. If we change or cancel an order, we may try to notify you by contacting the email and/or billing address or phone number provided when the order was placed. We may 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 orders made at our store. You also agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so we can complete your transactions and contact you when needed.
For additional details, please review our Returns Policy.
SECTION 7 - OPTIONAL TOOLS
We may give you access to third-party tools that we do not monitor and over which we have no control or input.
You acknowledge and agree that we provide access to such tools “as is” and “as available”, without warranties, representations or conditions of any kind and without endorsement. We will have no liability arising from or relating to your use of optional third-party tools.
Any use of optional tools offered through the site is entirely at your own risk and discretion, and you should ensure that you understand and approve the terms on which those tools are provided by the relevant third-party provider(s).
We may also offer new services and/or features through the website in the future, including new tools and resources. Such new features and/or services will also be subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
Certain content, products and services available through our Service may include materials from third parties.
Third-party links on this site may lead you to websites that are not affiliated with us. We are not responsible for reviewing or evaluating their content or accuracy, and we do not warrant and will not have any liability or responsibility for third-party materials or websites, or for any other materials, products or services from third parties.
We are not liable for harm or damages related to the purchase or use of goods, services, resources, content or any other transactions made through third-party websites. Please review each third party’s policies and practices carefully and make sure you understand them before engaging in any transaction. Complaints, claims, concerns or questions about 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 submissions, such as contest entries, or if you send creative ideas, suggestions, proposals, plans or other materials without a request from us, whether online, by email, by postal mail or otherwise, collectively called “comments”, you agree that we may, at any time and without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments you send to us. We are not obligated to keep comments confidential, pay compensation for comments, or respond to comments.
We may, but are not obligated to, monitor, edit or remove content that we determine, in our sole discretion, is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, otherwise objectionable or in violation of 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, unlawful, abusive or obscene material, or any computer virus or malware that could affect the operation of the Service or any related website. You may not use a false email address, pretend to be someone else, or otherwise mislead us or third parties about the origin of any comments. You are solely responsible for comments you make and their accuracy. We take no responsibility and assume no liability for 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.
In addition, you agree to our Messaging Terms (https://comfortwearshoe.com/policies/terms-of-service) and Messaging Privacy Policy (https://comfortwearshoe.com/policies/privacy-policy).
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally, information on our site or in the Service may contain typographical errors, inaccuracies or omissions related to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We may correct errors, inaccuracies or omissions, and may 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 have no obligation to update, amend or clarify information in the Service or on any related website, including pricing information, except as required by law. No specified update or refresh date in the Service or on any related website should be taken to mean 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 stated in the Terms of Service, you may not use the site or its content: (a) for any unlawful purpose; (b) to request others to perform or take part in 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 malicious code that will or may be used in any way that affects the functionality or operation of the Service or any related website, other websites or the Internet; (h) to collect or track 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 bypass the security features of the Service or any related website, other websites or the Internet. We may terminate your use of the Service or any related website for violating any prohibited use.
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 free from errors.
We do not warrant that the results obtained from using the service will be accurate or reliable.
You agree that 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 representations, warranties or conditions of any kind, either express or implied, including implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title and non-infringement.
In no case shall Comfort Wear, 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 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 errors or omissions in any content, or any loss or damage of any kind incurred from the use of the service or any content or product posted, transmitted or otherwise made available through the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, our liability in those states or jurisdictions will be limited to the maximum extent permitted by law.
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Comfort Wear and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees 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 incorporated by reference, or your violation of any law or rights of a third party.
SECTION 15 - SEVERABILITY
If any provision of these Terms of Service is determined to be unlawful, void or unenforceable, that provision will still be enforceable to the fullest extent allowed by applicable law, and the unenforceable portion will be deemed severed from these Terms of Service. Such determination will not affect the validity and enforceability of the remaining provisions.
SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred before the termination date will survive termination of this agreement for all purposes.
These Terms of Service remain 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 stop 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 may terminate this agreement at any time without notice, and you will remain liable for all amounts due up to and including the termination date. Accordingly, we may deny you access to our Services, or any part of them.
SECTION 17 - ENTIRE AGREEMENT
The failure by us to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of that right or provision.
These Terms of Service, together with any policies or operating rules posted by us on this site or in respect to the Service, constitute the entire agreement and understanding between you and us and govern your use of the Service, replacing any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us, including prior versions of the Terms of Service.
Any ambiguity in the interpretation of these Terms of Service will not be construed against the drafting party.
SECTION 18 - GOVERNING LAW
These Terms of Service and any separate agreements through which we provide Services to you will be governed by and interpreted in accordance with the laws of Canada.
SECTION 19 - CHANGES TO TERMS OF SERVICE
You may review the most current version of the Terms of Service at any time on this page.
We may, at our sole discretion, 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. Continued use of, or access to, our website or the Service after changes to these Terms of Service are posted means you accept those changes.
SECTION 20 - CONTACT INFORMATION
Contact us by email: comfortwearshoe@gmail.com