Terms

TERMS OF SERVICE

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OVERVIEW
This website is operated by Shoe Be Do. Throughout the site, the terms “we”, “us” and “our” refer to Shoe Be Do. Shoe Be Do offers this website, including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. 
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply  to all users of the site, including without limitation, users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service. 
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to 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 periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
 
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site. You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred un-encrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to 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, or access to the Service or any contact on the website through which the service is provided, without express written permission by us. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION 
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk. This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall 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 available exclusively 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 display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate. We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to 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 purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. For more detail, please review our Returns Policy.
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding 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 specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates 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 or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any 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. To view our Privacy Policy.
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to 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 undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate 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 as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any 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 type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the 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 circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
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 error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. 
You agree that from time to time 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 any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. In no case shall Shoe Be DO, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licencors 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 any 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, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Shoe Be DO and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licencors, service providers, subcontractors, suppliers, interns and employees, harmless 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 they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 15 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are 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 cease 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 also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 17 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. 
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 18 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of 324 Chartres St, New orleans, Louisiana, US, 70130.
SECTION 19 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to 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. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
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ECTION 20 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at customerservice@shoebedousa.com
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Return Policy - Exchange and Return Policies

Easy Returns:

For only $9.95 you can return your merchandise to us. This policy is for US addresses only.

Just send shoes back to our main store location: 

Shoe Be Do
Attn: Returns 
324 Chartres St.
New Orleans, LA 70130

You have 30 days from the original purchase date to return a purchase. The merchandise must be returned in brand new condition, in original box and unworn.

Please Note: 30% OFF or Greater are Final Sales and are not eligible for return or exchange.

Follow these steps:

All merchandise must be returned in brand new condition. Please use a carpeted area when trying on shoes to avoid damage. We are sorry, but we cannot accept any returns for worn, dirty or damaged merchandise. These items will be returned at the customer's expense. No exceptions.

Place the merchandise and shipping invoice inside of the shipping box. The indicated portion of the shipping invoice must be filled out. 

Please Note: Shoes need to be returned inside a shipping box to prevent damage to the shoe box.

Log into your account and download your prepaid UPS return label to attach to your box. If you do not have an account with us, please email us for a label.  If for some reason you cannot use a UPS label, you may return them another way and we won't charge the return fee.

Once your package is ready, drop it off at any UPS location, drop box or with a driver. It can take five business days to arrive at our store.

When we receive your returned package, it will be processed within 48 hours. You will be refunded for the cost of the merchandise less the $9.95 return fee. After the refund is processed, we will send you a confirmation email.

Please Note: All original shipping costs are nonrefundable.

You will see the return on your credit card in 3-5 business days, depending on your bank.

Exchanges:

All you have to do is place a new order then return the original merchandise to us for a refund.
Please Note: Exchanges are only available to our US customers.

Terms of Use for Subscription Boxes

 

PLEASE READ THESE TERMS OF USE ("AGREEMENT" OR "TERMS OF USE") CAREFULLY BEFORE USING WWW.SHOEBEDOUSA.COM (THE "SITE") OR ANY SERVICE OFFERED BY SHOE BE DO USA ("SHOE BE DO," “NOLA FOOT CANDY,” "WE," OR "US"). UNLESS YOU ACCEPT THIS AGREEMENT YOU ARE NOT AUTHORIZED TO USE THE SITE OR ANY SHOE BE DO/NOLA FOOT CANDY SERVICE. BY VISITING, BROWSING, OR USING THE SITE OR ANY IPSY SERVICE, YOU AGREE TO BE BOUND BY THIS AGREEMENT INCLUDING ANY ADDITIONAL TERMS, CONDITIONS, AND POLICIES INCORPORATED BY REFERENCE INTO IT.

This Agreement applies to all Site visitors and users of the Site or Shoe Be Do/NOLA Foot Candy Services. If you don't agree with any term or condition in this Agreement, please don't use the Site or any Shoe Be Do/NOLA Foot Candy Service. If you have any questions, please do not hesitate to contact us at customerservice@shoebedousa.com

  1. WELCOME TO SHOE BE DO USA/NOLA FOOT CANDY
    Shoe Be Do USA and NOLA Foot Candy operate a fashion forward shoe and accessory company on the Site and social networking platforms controlled by Shoe Be Do USA and NOLA Foot Candy such as the Shoe Be Do USA and NOLA Foot Candy Facebook ® page and Instagram ® page. 


Shoe Be Do USA offers two different subscription box services: Shoe Be Do-La-La and Shoe Love is True Love. By subscribing to either of these boxes you become a Shoe-Be-Doobie

  • Shoe Be Do-La-La and Shoe Love is True Love Subscriptions
    Shoe-Be-Doobies residing in the 50 United States, the District of Columbia, ("United States") or Canada may subscribe to receive monthly boxes containing one pair of shoes and either one or three accessories. Shoe Be Do USA offers three different payment options to subscribe to the Shoe Be Do-La-La and Shoe Love is True Love Subscription Boxes. Glam Bag, Glam Bag Plus or Glam Bag Ultimate (1) an automatically invoiced monthly subscription ("Monthly Membership"); (2) a six month prepaid membership, and (3) one time box purchase. You can subscribe here: www.shoebedousa.com/subscribe.

  • Shoe Be Do-La-La and Shoe Love is True Love Contents: The Shoe Be Do-La-La and Shoe Love is True Love Boxes typically contain one pair of shoes and one accessory for the Shoe Be Do-La-La and three accessories for the Shoe Love Is True Love Box. The contents of each of the subscription boxes  will vary from month to month. If you select to receive a preference survey, we will attempt to customize your subscription box based on your preference survey, but we make no guarantees that you will receive a particular product. Shoes may be sneakers, frlats, slides, pumps, heels, sandals, wedges, or mules.  Accessories may be hats, clutches, purses, scarves, sunglasses, bracelets, necklaces, and earrings.
    Monthly Subscription: By purchasing a Monthly Subscription, you agree to an initial and recurring Monthly Subscription fee at the then-current Monthly Subscription rate, and you accept responsibility for all recurring charges until you cancel your subscription. You may cancel your Monthly Subscription at any time, subject to the terms of our cancellation policy.
    • AUTOMATIC MONTHLY RENEWAL TERMS: Once you subscribe, Shoe Be Do USA will automatically process your Monthly Subscription fee in the next billing cycle. Shoe Be Do USA will continue to automatically invoice you for your Monthly Subscription fee each month at the then-current Monthly Subscription rate, until you cancel your subscription. We explain how to cancel your Monthly Subscription below at the Section "Cancellation Policy".
  • (6) Six Month Subscription: By purchasing a Six Month Subscription, you agree to an initial pre-payment for six months of service. After six months and every six months thereafter, you will be invoiced a recurring Six Month Subscription renewal fee at the then-current Six Month Subscription rate. We will notify you before the renewal fee is billed. You are fully responsible for the timely payment of this invoice. You may cancel your Six Month Subscription anytime before the next billing cycle, subject to the terms of our cancellation policy.
    • AUTOMATIC SIX MONTH RENEWAL TERMS: We will send you an invoice for the Six Month Subscription renewal fee in the first month of your next Six Month Subscription.
      For example, let's say you purchased a Six Month Subscription beginning in May 2020 and ending in November 2020. We will bill you for the second six month subscription (November 2020 to April 2021) in November 2020, unless you cancel your Six Month Subscription before November 2020. You accept responsibility for all recurring charges prior to cancellation. We explain how to cancel your Annual Subscription below at the Section "Cancellation Policy".
    • You may cancel your Monthly Subscription at any time by logging into your account, clicking on Account/Edit Account Settings/Membership, and following the cancellation procedures described there. If you need help, feel free to contact us. If you cancel your Monthly Subscription, the cancellation will take effect for your next subscription box monthly billing cycle. You will not be eligible for a refund for monthly subscription fees paid prior to the month the cancellation takes effect.
    • Cancellation Policy for Six Month Subscription Renewals: Six Month Subscription fees are non-refundable. You may cancel your Six Month Subscription renewal at any time after you are billed for the then-current six month period and before you are billed for the next six month period, by logging into your account, clicking on Account/Edit Account Settings/Membership, and following the cancellation procedures or by contacting us.
  • If you cancel your Subscription you can re-subscribe any time..
    Product Availability. Because IPSY Shopper is a marketplace that allows you to Limits on Transactions. Items in our Subscription Boxes are for individual use, and we do not authorize the purchase of our merchandise for resale purposes. We reserve the right to limit or prohibit orders that, in our judgment, appear to be placed by dealers, resellers or distributors. To enforce this policy, we may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event we make a change to or cancel an order, we will attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.

  • ELIGIBILITY TO USE THE SITE AND SHOE BE DO SERVICES
    General: You may access the Site from anywhere in the world without incurring any fees or becoming a member. However, you will be required to become a member and must be a legal resident of the United States or Canada to use certain Shoe Be Do USA Services.
    Residency: The Site is available to anyone in the world, but most of the Shoe Be Do USA Services are limited to legal residents of the United States or Canada. The Subscription Services are available to those residing in the United States or Canada. Purchases made through the website for all other products are available world wide.
    Fees: It's free to use the Site, but the Subscription Services and all other products available for sale require that you pay a fee or make a purchase.
    Age: You are not authorized to access or use the Site or any Shoe Be Do Service if you are under 13 years old. Individuals under 18 years old must at all times use the Site and Shoe Be Do USA only in conjunction with and under the supervision of a parent, or the supervision of a legal guardian who is at least 18 years old. In all cases, that parent or legal guardian is the Site user and will be responsible for any and all use of the Site and Shoe Be Do Services by the individual under 18.
    Compliance: To be eligible to use the Site and Shoe Be Do USA Services, you must comply with all local laws regarding online conduct and acceptable content and agree to pay all applicable taxes. Use of the Site is void where prohibited by law. You must also comply with these Terms of Use, the Shoe Be Do USA policy documents listed below (if applicable to your use of the Site or Shoe Be Do USA Services), and all other operating rules, policies, and procedures that Shoe Be Do USA may publish from time to time on the Site, each of which is incorporated herein by reference and each of which Shoe Be Do may update from time to time without notice to you:
    • Shoe Be Do USA Privacy Policy
    • Shoe Be Do USA Terms Policy
  • Certain Shoe Be Do USA Services may be subject to additional terms and conditions that Shoe Be Do USA  may post on the Site from time to time. To be eligible for such services, you must comply with those additional terms and conditions, which are incorporated by reference into this Agreement. See Section 5 below for more information regarding modifications to these Terms of Use.
    Shoe Be Do USA's Right to Revoke, Suspend, or Restrict Eligibility: Shoe Be Do USA reserves the right, in its sole discretion, to cancel unconfirmed or inactive accounts. Shoe Be Do USA may, in its sole discretion, for any reason, at any time, revoke, suspend, or restrict your access to the Site or any Shoe Be Do USA Service. If Shoe Be Do USA bans you from the Site or any Shoe Be Do USA Service, you may not return to the Site or use that Shoe Be Do USA Service for any reason or in any manner including with a new username or identity. In the event that you return, or attempt to return, to the Site or use the Shoe Be Do USA Service after you've been banned, you will be deemed to have breached this Agreement, and Shoe Be Do USA reserves the right to pursue all rights and remedies available at law or in equity with respect to such breach.
  • Fees and Billing: Prices are quoted in U.S. dollars. You agree to pay in full the price for each Shoe Be Do USA Service involving your purchase of a product or for which you receive an invoice in the case of the subscription services by credit card, debit card, or by any other payment means acceptable to Shoe Be Do USA as each payment, if any, is due. You agree to pay all applicable taxes, if any. If Shoe Be Do USA does not receive timely payment from your credit card or debit card issuer or its agents, you agree to pay all amounts due upon demand by us.
  • Our total price for any IPSY Service involving your purchase of a product will include the price of the product plus any applicable sales taxes. Such sales taxes are calculated based on the shipping address on file with Shoe Be Do USA  and the sales tax rate in effect at the time of purchase. We will charge tax only in jurisdictions where the goods sold over the Internet are taxable. You are solely responsible for reporting such items on your tax returns and for paying any associated tax liability.
    In addition to the price and sales tax of your purchase, shipping and handling fees will be collected. These fees may be waived during certain promotional periods. Shipping fees are calculated based on your address. 
  • Professional Advice Disclaimer: Any information we provide to you, including product descriptions and instructions, is for informational purposes only. Use of the Site is not meant to serve as a substitute for professional advice. You should read and strictly follow all product labels, packaging inserts and instructions, and manufacturer directions and warnings before using any product. When appropriate, you should seek independent professional advice.
    Warranty Disclaimer: SHOE BE DO USA AND IT'S OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND SUPPLIERS PROVIDE THE SITE AND SHOE BE DO USA SERVICES "AS IS," "AS AVAILABLE," AND WITHOUT ANY WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. SHOE BE DO USA AND IT'S OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. ADDITIONALLY, NO ADVICE OR INFORMATION FROM SHOE BE DO USA TO YOU, WHETHER WRITTEN OR ORAL, SHALL CREATE ANY WARRANTY. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.
    YOU AGREE THAT YOUR USE OF THE SITE AND THE SHOE BE DO USA SERVICES SHALL BE AT YOUR OWN SOLE RISK, AND THAT SHOE BE DO USA HAS NO LIABILITY FOR ANY LOSS RESULTING FROM SUCH USE.
    Liability Limit: IN NO EVENT SHALL SHOE BE DO USA OR IT'S OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANY THIRD PARTY IN CONNECTION WITH THIS AGREEMENT OR YOUR USE OF THE SITE OR SHOE BE DO USA SERVICES, INCLUDING LOST PROFITS, PERSONAL INJURY, EMOTIONAL DISTRESS, DEATH, AND ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES.
    THE LIABILITY OF SHOE BE DO USA AND IT’S OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS TO YOU OR ANY THIRD PARTY IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF: (1) THE TOTAL FEES, IF ANY, YOU PAY TO SHOE BE DO USA IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY; AND (2) USD$100. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
    Indemnity: YOU AGREE TO INDEMNIFY AND HOLD SHOE BE DO USA AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS' FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF: (1) YOUR BREACH OF THIS AGREEMENT INCLUDING THE DOCUMENTS IT INCORPORATES BY REFERENCE; (2) YOUR VIOLATION OF ANY LAW; OR (3) YOUR VIOLATION OF ANY RIGHT OF A THIRD PARTY. SHOE BE DO USA RESERVES THE RIGHT TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, AND IN SUCH CASE, YOU AGREE TO COOPERATE WITH IPSY'S DEFENSE OF SUCH CLAIM.
    LEGAL DISPUTES
    PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL HAVE A SUBSTANTIAL IMPACT ON HOW CLAIMS YOU AND SHOE BE DO USA HAVE AGAINST EACH OTHER ARE RESOLVED.
    If a dispute arises between you and SHOE BE DO USA, we are likely to be able to resolve your matter quickly and to your satisfaction. Please contact our customer support team. Please indicate the nature of your complaint and we will do our best to get back to you with a reasonable solution as quickly and efficiently as possible. We may ask you to provide us with more information. We trust we will be able to address your complaint without delay and to your satisfaction.
    If you are a resident of the U.S. or Canada, and you have availed yourself of our customer service department without satisfaction, you and SHOE BE DO USA all agree to resolve any remaining dispute arising out of or related to this Terms of Service, the Privacy Policy or our service through final and binding arbitration. This applies to all kinds of claims under any legal theory, unless the claim fits in one of the exceptions in the exceptions to Agreement to Arbitrate sub-section. It also applies even after you stopped using our website, are no longer a Subscriber, and/or have deleted your account with us.
    An arbitration proceeding is before a neutral arbitrator instead of a judge and jury, so you and SHOE BE DO USA each agree to give up the right to a trial before a judge and jury. Arbitrations are not identical to litigation and have different rules than standard court proceedings. For instance, arbitrations may involve lawyers, but they are less formal than lawsuits in courts. An arbitrator can award the same relief to an individual that a court can award. If either SHOE BE DO USA or you do not like the arbitrator's decision, the courts only have a limited ability to change the outcome of arbitration or make the arbitrator reconsider his or her decision.
    If we have a dispute about whether this agreement to arbitrate can be enforced or applies to our dispute, we all agree that the arbitrator will decide that, too.
    Legal Disputes: Prohibition of Class and Representative Actions and Non-Individualized Relief.
    YOU AND SHOE BE DO USA AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND SHOE BE DO USA AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER USERS.
    Exceptions to Agreement to Arbitrate.
    We all agree that we will go to court to resolve disputes relating to:
    • Your or SHOE BE DO USA's intellectual property (for example, trademarks, trade dress, domain names, trade secrets, copyrights or patents); or
    • Any claim made in small claims court either in Santa Clara County, California, in the country where you live, or some other place we both agree on, if it qualifies to be brought in that court.
  • No Class Actions.
    We all agree that we can only bring a claim against each other on an individual basis.
    That means:
    • Neither you nor SHOE BE DO USA can bring a claim as a plaintiff or class member in a class action, consolidated action or representative action.
    • The arbitrator cannot combine more than one person's claim into a single case, and cannot preside over any consolidated, class or representative arbitration proceeding (unless we both agree to change this).
    • The arbitrator's decision or award in one person's case can only impact the person who brought the claim, not other users of our Service, and cannot be used to decide other disputes with other users.
  • The Arbitration Process.
    The American Arbitration Association (AAA) will manage the arbitration between you and SHOE BE DO USA, and AAA's rules and procedures (including their Supplementary Procedures for Consumer-Related Disputes, if applicable) will be used. If something in these Terms is different than AAA's rules and procedures, then we will follow these Terms instead. You can look at AAA's rules and procedures on their website www.adr.org or you can call them at 1-800-778-7879.
    You are allowed to select the arbitration location as being in the county or province where you live or in Santa Clara County, California. We can also choose a third location if we mutually agree.
    If your claim is for less than $10,000 (US), you do not need to attend the arbitration in person. You can have a hearing by phone. If your claim is for more than $10,000, we will look to and follow the AAA for guidance.
    While most arbitrators render a verbal decision, both you and SHOE BE DO USA have the right to request the arbitrator to put his or her decision or award, or his or her reasons for the decision or award, in writing. Once a decision is rendered, SHOE BE DO USA and/or you can ask a court to confirm it. In some very limited circumstances, we may be allowed to ask a court to change the decision or award. This is information you will be provided should the arbitration process prove unsatisfactory.
    Arbitration Costs.
    If your claim is for $10,000 (US) or less, SHOE BE DO USA is open to paying your filing, administration and arbitrator fees associated with the arbitration, upon request to the AAA. You must tell the AAA at the time you begin the arbitration proceeding. SHOE BE DO USA will be notified of your request.
    If your claim is for more than US $10,000, and arbitration is too expensive for you to afford when compared to filing a lawsuit in court, SHOE BE DO USA will pay for as much of your part of the filing, administration and arbitrator fees as the arbitrator decides is necessary to make the arbitration not too expensive for you.
    We won't try to have you pay us back for covering your fees and we won't try to make you cover our fees unless the arbitrator decides that your claims are frivolous and it is fair to make you do this under the circumstances.
    Applicable Law.
    The Federal Arbitration Act (including its procedural provisions) is the law that will be applied to determine whether these dispute resolution provisions regarding arbitration and class action can be enforced and how they should be interpreted.
    Apart from that, if you are U.S. resident, these terms and our relationship will be governed by Louisiana law, except for its conflicts of laws principles. If you reside outside of the U.S., these Terms of Service and our relationship will be governed by English law, except for its conflicts of laws principles.
    Choice of Law: This Agreement shall in all respects be governed by the laws of the State of Louisiana and the United States of America, without regard to choice of law provisions. The U.N. Convention on Contracts for the International Sale of Goods (1980) shall not apply to this Agreement.
    No Waiver: No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term, and SHOE BE DO USA failure to assert any right under this Agreement shall not constitute a waiver of such right or provision.
    Entire Agreement: These Terms of Use, together with our Privacy Policy, Cookie and Tracking Policy, Copyright and Intellectual Property Policy, and all other operating rules, policies, procedures, and additional terms that SHOE BE DO USA may publish from time to time on the Site, constitutes the entire agreement between you and SHOE BE DO USA concerning your use of the Site and SHOE BE DO USA Services. SHOE BE DO USA reserves all rights not granted under this Agreement.
    Severability: If any provision of this Agreement is held unenforceable, then such provision will be modified to reflect the parties' intention. All remaining provisions of this Agreement shall remain in full force and effect.
    No Agency: You and SHOE BE DO USA are independent contractors. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
    Notice: Except as explicitly stated otherwise, any notice required or permitted by this Agreement must be in writing. Any notice to SHOE BE DO USA must be given by postal mail to SHOE BE DO USA Attention: Legal, 324 Chartres St, New Orleans, LA 70130. Any notice to you may be given: (1) to the email address you provide to SHOE BE DO USA during registration or when your email address changes, in which case notice will be deemed sufficient 24 hours after the email is sent unless the sending party is notified that the email address is invalid; or (2) by certified mail, postage prepaid, return receipt requested, to the last mailing address you provided to SHOE BE DO USA, in which case notice will be deemed sufficient three days after the mailing date.
    Survival: The provisions of this Section 4 shall survive termination or expiration of this Agreement.
  • MODIFICATIONS TO TERMS OF USE
    We may change the Agreement or these Terms of Use at any time for any reason by updating this posting. You are responsible for periodically reviewing these Terms of Use for revisions. Changes in the Terms of Use will be effective when posted. If SHOE BE DO USA makes a material change, SHOE BE DO USA will notify you here in this Terms of Use Agreement or by any other means we deem appropriate. SHOE BE DO USA  may determine, in its sole discretion, in good faith, what constitutes a "material change" using common sense and reasonable judgment. Your use of the Site or any of the SHOE BE DO USA Services after we have modified this posting will constitute your acceptance of any changes.