Introduction
These Terms and Conditions (“Terms”, “Terms and Conditions”) govern your relationship with Fioni® Shoes, Heels, Sandals, Night Shoes, Boots (hereinafter referred to as Fioni, “us”, “we” or “our”) in relation to your use of Fioni’s website located at fioni.shop (hereinafter referred to as “Website”), order fulfillment and your purchase of any products or services from us.
Please read these Terms and Conditions carefully before ordering any products or services from this Website. By using this Website and/or purchasing any products or services from us, you engage in our “Service” and agree to be bound by the Terms and Conditions. If you do not agree to all the Terms and Conditions, then you may not access and use the Website or purchase products or services from Fioni.
You must be at least 18 years of age to use this Website and purchase products or services from Fioni. By using this Website and by agreeing to these Terms and Conditions, you represent and warrant that you are at least 18 years of age.
Key Terms
The following definitions and rules of interpretation apply in these Terms and Conditions:
Product(s) refer to the products and/or services available for purchase on the Website.
Order refers to a customer’s completed order for the purchase of one or more Products on the Website.
Order Confirmation refers to the email you will receive from Fioni confirming the placement of your Order and containing your Order details.
You refers to the individual accessing or using the Website, or ordering Products from Fioni.
Your shall be interpreted accordingly.
We/Us/Our refers to Fioni.
Your Account
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer to prevent unauthorized access to your account. You agree to accept responsibility for all activities that occur under your account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorized manner.
Please ensure that the details you provide us with are correct and complete and inform us immediately of any changes to the information that you provided when registering. You can access and update much of the information you provided us with in your account on the Website.
Intellectual Property
The content of the Website, includes, but is not limited to, text, data, graphics, logos, icons, images, audio clips, downloads, interfaces, code and software (collectively referred to as “Content”), is the property of Fioni and is protected by copyright, trademarks, database and other intellectual property rights. You may retrieve and display Content from the Website for your personal use only.
No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading. You shall not reproduce, modify, copy, distribute, transmit, display, revise, perform, publish, license, create derivative works from, transfer, or sell any information or Content obtained from the Website unless expressly authorized by us.
Fioni retains full and complete title, intellectual property and proprietary rights in and to the Website and all data, images, sounds, text, graphics, promotional materials or other materials that appear on the Website, which are protected by copyrights, trademarks, service marks, trade dress and/or other intellectual property rights.
Product Information
We strive to ensure that Product images shown on our Website are as accurate as possible. However, the colors you see depend on your monitor and we cannot guarantee that your monitor’s display of any color will be accurate.
The packaging of the Product may vary from that shown on images on our Website.
All Products shown are subject to availability. We reserve the right, but are not obligated, to limit sales of Products to reasonable quantities. If we are unable to process part of your Order, we will refund the amount relating to that item to you.
Certain weights, measures and sizes shown on our Website may have been converted from imperial to metric measurements rounded to the nearest appropriate unit. Please check exact dimensions to ensure Products will fit prior to ordering.
Prices & Promotions
Prices
The prices displayed on our Website are quoted in U.S. Dollars ($) and are valid and effective only within the United States. We reserve the right to discontinue or change pricing at any time without notice. In the event of a pricing error on an item that you have ordered, we will notify you and await your approval prior to processing and shipping your order.
Promotions
Promotions on our Website are valid for a limited time only and while stocks last. All orders are subject to availability and confirmation of the promotional price.
We reserve the right to cancel any orders placed for websites, products or services where that offer or promotion was incorrectly displayed on our Website.
Sales Tax
If you purchase Products on our Website for delivery to addresses within Tennessee, sales tax may be added to your Order total.
When ordering from us, you declare that all Products ordered will be for your own private and domestic use and not for resale. We reserve the right to discontinue or limit supply at any time.
Placing an Order
Order Acceptance
There are two steps required for you to place an order with us:
- You place an order on our Website by completing the online checkout process; and
- We accept your order by sending you an Order Confirmation email.
Your contract to purchase a Product from us is made once we send you the Order Confirmation.
Guest Checkout
You may checkout as a guest on our Website without creating an account. For guest checkouts, we will collect your email address and other contact details in order to send you an Order Confirmation and process your Order.
Account Creation
Alternatively, you can register and create an account with us. You must be logged into your account when placing an order to be able to login and view your Order status after checkout.
Availability
We will make all reasonable efforts to ensure that Products appearing on the Website are available. If an item is no longer available following placement of your order, we will refund or replace the item in your order.
Acknowledging Receipt of Your Order
To enable speedy Order processing, our acknowledgment of receipt of your Order will take place immediately upon your completion of the checkout payment process on our Website. This does not constitute our acceptance of your Order. We only accept an Order once we have sent you an Order Confirmation.
Order Confirmation
Our acceptance of your Order will take place when we send an email to you confirming that we have shipped your Order and containing your Order details (Order Confirmation).
Your Order Number
Your Order Number will be displayed on screen once you complete the online checkout process. It will also be included in the Order Confirmation email we send to you. Please quote this Order Number in all subsequent communications regarding your Order.
Payment
Payment Methods
We accept the following payment methods on our Website:
- Credit and Debit cards: Visa, MasterCard, Discover, American Express
- PayPal: Make easy and secure online payments using your PayPal account.
Payment Processing
Payment processing services on our Website are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service.
By making a payment through our Website, you agree to the Stripe Terms.
Payment Security
All payment details which are entered through our Website are securely handled by Stripe. Once your payment transaction is complete, we do not store your credit card details on our Website.
Credit Card Charges
Your credit card will be charged when you place your Order and your payment is authorized. By clicking ‘Pay and Place Order’ you are confirming that the credit card details entered on our Website are yours.
Credit card transactions are processed immediately – we will not accept an Order from you unless authorization of payment is obtained.
Promo Codes
If you have a promo code, you can enter it in the box provided at checkout to receive a discount on your purchase. Promo codes are single-use only and must be entered at the time of checkout to receive the discounted price.
Delivery
Shipping Policy
We aim to ship all Orders within 3 business days after receiving and confirming your Order, unless otherwise stated on the Website. Orders are shipped using USPS.
Shipping fees will be calculated and displayed at checkout based on weight, dimensions and destination of the shipment.
We do not deliver to PO boxes or military (APO, FPO, PSC) boxes. We are unable to ship to hotels, campgrounds or other short-term lodgings.
Tracking Your Order
You will receive shipment tracking information in your Order Confirmation once your Order has shipped. You can track your shipment directly via your courier’s website using the tracking number provided.
Undelivered Orders
If an Order is returned to us as undeliverable, we will cancel the Order and refund you for the value of the items in the shipment, as well as any shipping costs you may have been charged. We are unable to re-ship returned Orders.
If you supply inaccurate or incorrect delivery information and we are unable to deliver your Order, we will charge you the costs of re-sending the Order.
Sales Tax
We are required by law to charge state and local sales tax on all taxable items delivered to the state of Tennessee. The applicable sales tax rate will be displayed at checkout.
When shipping taxable items to other states, your Order details will be submitted to Avalara to calculate taxes due. All Orders shipped outside of Tennessee or processed through Avalara will not be charged sales tax at checkout, however, taxes may be collected by the courier upon delivery.
Customs Duties and Import Taxes
For Orders shipped internationally, you are responsible for paying all customs duties, import taxes and any other fees related to the shipment and delivery of your Orders imposed by your country. Please check with your local customs office for more information on estimated fees and taxes.
Delivery Issues
Please inspect all Products immediately upon delivery and contact us right away if you find any damage or faults so we can determine if a return, refund or replacement is required.
If you fail to receive an Order within the estimated delivery timeframe provided, please contact us immediately so we can investigate.
Returns
Returns Policy
If you are not completely satisfied with your purchase from Fioni, you can return it to us within 30 days of the original purchase date. Only unused Products in their original condition and packaging can be returned for a refund.
To initiate a return, please email us at [email protected] to obtain a Return Merchandise Authorization (RMA) number. Write the RMA number clearly on the return shipping label or include it with the package to ensure proper processing.
Return shipping costs will be paid or reimbursed by us for all valid returns. Refunds will be issued to your original payment method once we receive and inspect the Products, usually within 5 business days.
Damaged, Defective or Incorrect Items
Please inspect all Orders promptly upon delivery and notify us right away if you received a damaged, defective or incorrect item. We are happy to facilitate replacements or refunds when the issue results from our fulfillment error.
Restocking Fee
No restocking fees apply for returns initiated within 30 days of original purchase. A 15% restocking fee applies for any returns initiated more than 30 days after delivery.
Cancellation
Cancellation by Fioni
We may need to cancel your Order prior to delivery due to availability issues or other Events Outside Our Control, as defined below.
We reserve the right to suspend or cancel your Order at any time before delivery. Some situations that could result in cancellation include discovery of pricing or delivery errors or out-of-stock items.
If we cancel your Order before shipment, we will issue a full refund to the original payment method used for the Order. This will usually be processed within 3 business days.
Your Right of Cancellation
You have the right to cancel your Order within 30 days without giving any reason for Orders to addresses within the United States.
The cancellation period will expire 30 days from the date on which you purchased the Products.
To exercise the right of cancellation, you must inform us of your decision to cancel by providing clear statement to us by phone at 1-800-123-4567 or via email at [email protected].
We will reimburse you no later than 14 days from the day on which we receive the returned Products. We will use the same means of payment used for the Order and you will not incur any additional fees as a result of reimbursement.
Returning Products
You must return Products to us without undue delay and no later than 14 days from the day on which you communicate cancellation to us.
We will reimburse you for the costs of returning Products to us upon receipt if you use a return shipping label provided by Fioni. Otherwise, you will be responsible for the direct cost of returning the Products.
You are only liable for any diminished value in the Products resulting from your handling of the Products beyond what is necessary to determine the nature, characteristics and functioning of the Products.
Feedback
We welcome feedback from our customers. Please contact us here or email [email protected] if you have any issues with your Order, suggestions or just want to say hello.
Our Use of Cookies
This Website uses tracking software known as cookies to better serve you when you return to our Website. These cookies allow us to strengthen your security by verifying your email and remembering your preferences. Cookies do not give us access to your computer or any personal information about you other than the data you choose to share with us.
You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can modify your browser settings to decline cookies. This may prevent you from taking advantage of personalized features on our Website.
Links to Other Websites
Our Website may contain links to other websites that are owned and operated by third parties. These links are provided for your reference and convenience only. We do not control these websites and are not responsible for their content or privacy practices. Our inclusion of links to other websites does not imply any endorsement of the linked website or the contents therein.
Disclaimer
While we do our best to provide accurate Product descriptions, information on this Website is provided “as is” and we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the Website or Products.
To the maximum extent permitted by applicable law, we expressly disclaim all warranties, express or implied, including without limitation, implied warranties of merchantability, fitness for a particular purpose and non-infringement.
We do not warrant that the functions contained in any materials provided will be uninterrupted or error-free, that defects will be corrected, or that our Website or the server is free of viruses or other harmful components.
Limitation of Liability
In no event will Fioni, our partners, service providers, or the officers, directors, agents, employees, subsidiaries, or affiliates of any of the foregoing entities be liable for any damages of any kind arising from your use of the Website or any Products ordered, including without limitation any direct, special, indirect, incidental, punitive, or consequential damages.
To the maximum extent permitted by law, Fioni expressly excludes any liability for loss or damage suffered by you arising from your use of the Website or any Products ordered.
Indemnification
You agree to defend and indemnify Fioni from any claims, damages, liabilities, costs, or expenses (including legal fees) arising from your misuse of the Website or Products in violation of these Terms and Conditions.
Changes to Terms
We may update these Terms from time to time. Changes become effective upon posting to our Website. You are expected to check this page periodically for updates. Your continued use of our Website constitutes acceptance of the updated Terms.
We will provide notice on our Website of any material changes to these Terms 30 days prior to the changes taking effect. Your continued use of our Website after the 30 day notice period signifies acceptance of the amended Terms.
Violations & Enforceability
We reserve the right to seek remedies and damages from any person who breaches these Terms and Conditions. Our failure to act on any breach shall not waive our right to act with respect to subsequent or similar breaches.
If any provision or part of a provision of these Terms shall be unlawful, void or for any reason unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.
Contact Us
Please feel free to contact us at [email protected] with any other questions regarding these Terms and Conditions.
Governing Law
These Terms will be governed by the laws of the State of Tennessee without regard to conflict of laws provisions. You agree to submit to the personal jurisdiction of courts located in Nashville, Tennessee for resolution of any disputes arising from these Terms or your purchase of Products on our Website.
