Welcome to Simply Spiked, a Division of C&C International Imports, Inc. Simply Spiked provides services to you subject to the notices, terms, and conditions set forth in this “Term of Use” and “Policies”. We reserve the right to change this Site and these terms and conditions at any time. ACCESSING, BROWSING OR OTHERWISE USING THE SITE INDICATES YOUR AGREEMENT TO ALL THE TERMS AND POLICIES.
USE OF SITE
This Site is a commercial site NOT intended for use by children or anyone under the age of 18 years of age. You must be at least 18 years of age to make a purchase on this Site’s online store.
All references on this Site to information, materials, products and services are subject to the terms and conditions of this Agreement, we hereby grant you a limited, revocable, non-transferable and non-exclusive license to access and use the Site by displaying it on your internet browser only for the purpose of shopping for personal items sold on the Site and not for any commercial use or use on behalf of any third party, except as explicitly permitted by us in advance. Any breach of this Agreement shall result in the immediate revocation of the license granted in this paragraph without notice to you.
Except as permitted in the paragraph above, you may not reproduce, distribute, display, sell, lease, transmit, create derivative works from, translate, modify, reverse-engineer, disassemble, decompile or otherwise exploit this Site or any portion of it unless expressly permitted by us in writing. You may not make any commercial use of any of the information provided on the Site or make any use of the Site for the benefit of another business unless explicitly permitted by us in advance. We reserve the right to refuse service, terminate accounts, and/or cancel orders at its discretion, including, without limitation, if we believe that customer conduct violates applicable law or is harmful to our interests.
You shall not upload to, distribute, or otherwise publish through this Site any Content, information, or other material that (a) violates or infringes the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any person; (b) is libelous, threatening, defamatory, obscene, indecent, pornographic, or could give rise to any civil or criminal liability under U.S. or international law; or (c) includes any bugs, viruses, worms, trap doors, Trojan horses or other harmful code or other harmful code or properties.
Items purchased from this site are sold to you for your personal use and not for resale. Simply Spiked reserves the right, at Simply Spiked sole discretion, to limit the quantity of items sold or to refuse sale of items to any customer at any time.
We may assign you a password and account identification to enable you to access and use certain portions of this Site. Each time you use a password or identification, you will be deemed to be authorized to access and use the Site in a manner consistent with the terms and conditions of this Agreement, and we have no obligation to investigate the authorization or source of any such access or use of the Site. YOU WILL BE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF THIS SITE BY ANYONE USING THE PASSWORD AND IDENTIFICATION ORIGINALLY ASSIGNED TO YOU WHETHER OR NOT SUCH ACCESS TO AND USE OF THIS SITE IS ACTUALLY AUTHORIZED BY YOU, INCLUDING WITHOUT LIMITATION, ALL COMMUNICATIONS AND TRANSMISSIONS AND ALL OBLIGATIONS (INCLUDING WITHOUT LIMITATION FINANCIAL OBLIGATIONS) INCURRED THROUGH SUCH ACCESS OR USE. You are solely responsible for protecting the security and confidentiality of the password and identification assigned to you. You shall immediately notify us of any unauthorized use of your password or identification or any other breach or threatened breach of this Site’s security.
Your privacy is important to Simply Spiked. This privacy statement provides information about the personal information that Simply Spiked collects, and the ways in which we use that personal information.
Personal information collection
Simply Spiked may collect and use the following kinds of personal information:
information about your use of this website
information that you provide using for the purpose of registering with the website
information about transactions carried out over this website
information that you provide for the purpose of subscribing to the website services
any other information that you send to Simply Spiked
Using personal information
Simply Spiked may use your personal information to:
administer this website
enable your access to and use of the website services
publish information about you on the website with your written approval only
send to you products that you purchase
supply to you services that you purchase
send you statements and invoices
collect payments from you
send you marketing communications
Where Simply Spiked discloses your personal information to its agents or sub-contractors for these purposes, the agent or sub-contractor in question will be obligated to use that personal information in accordance with the terms of this privacy statement.
In addition to the disclosures reasonably necessary for the purposes identified elsewhere above, Simply Spiked may disclose your personal information to the extent that it is required to do so by law, in connection with any legal proceedings or prospective legal proceedings, and in order to establish, exercise or defend its legal rights.
Securing of your data
Simply Spiked will take reasonable technical and organizational precautions to prevent the loss, misuse or alteration of your personal information.
Simply Spiked will store all personal information you provide on its secure servers.
Information relating to electronic transactions entered into via this website will be protected by encryption technology.
Cross-border data transfers
In addition, personal information that you submit for publication on the website will be published on the internet and may be available around the world.
You agree to such cross-border transfers of personal information.
Updating this statement
By submitting Content to be used on this Site, you agree that Simply Spiked may use your name, voice, or image and any quotes attributable to you, and any such photos, videos, or audio recordings of or by you as described herein. You grant the rights hereunder whether or not your name, voice, or image, or any quotes attributable to you are used in any manner by Simply Spiked and it reserves the right in and discretion NOT to use any submitted content. You grant these rights to Simply Spiked worldwide, irrevocably, royalty-free, with the perpetual right and license to copy, reproduce, modify, edit, make derivative works, distribute, publish (publicly or otherwise), display, link to, and otherwise use the Content in any media for any purpose including but not limited to publication on this Site, advertising, and other commercial uses in connection with this Site. You waive all rights related to Simply Spiked use and release, discharge and hold Simply Spiked harmless, its officers, directors, employees, agents, contractors, successors and assigns from any claims, causes of action, damages, costs or expenses of any sort arising out of or connected with the use of your name.
Except as otherwise provided elsewhere in this Agreement or on the Site, anything that you submit or post to the Site and/or provide us, including without limitation, ideas, know-how, techniques, questions, reviews, comments, and suggestions (collectively, “Submissions”) is and will be treated as non-confidential and nonproprietary, and we shall have the royalty-free, worldwide, perpetual, irrevocable and transferable right to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, create derivative works from such Submissions by any means and in any form, and to translate, modify, reverse-engineer, disassemble, or decompile such Submissions. All Submissions shall automatically become our sole and exclusive property and shall not be returned to you.
In addition to the rights applicable to any Submission, when you post comments or reviews to the Site, you also grant us the right to use the name that you submit with any review, comment, or other Content, if any, in connection with such review, comment, or other content. You represent and warrant that you own or otherwise control all of the rights to the reviews, comments and other Content that you post on this Site and that use of your reviews, comments, or other Content by us will not infringe upon or violate the rights of any third party. You shall not use a false e mail address, pretend to be someone other than you or otherwise mislead us or third parties as to the origin of any Submissions or Content. We may, but shall not be obligated to, remove or edit any Submissions (including comments or reviews) for any reason.
This site may contain links to other sites on the Internet that are owned and operated by third parties. You acknowledge that we are not responsible for the operation of or content located on or through any such site. Simply Spiked is not responsible for the privacy policies or practices of any third party.
Cookies are information packets sent by web servers to web browsers, and stored by the web browsers.
The information is then sent back to the server each time the browser requests a page from the server. This enables web servers to identify and track web browsers. There are two main kinds of cookies: session cookies and persistent cookies. Session cookies are deleted from your computer when you close your browser, whereas persistent cookies remain stored on your computer until deleted, or until they reach their expiry date.
Most browsers allow you to refuse to accept cookies.
In Internet Explorer, you can refuse all cookies by clicking “Tools”, “Internet Options”, “Privacy”, and selecting “Block all cookies” using the sliding selector.
In Firefox, you can adjust your cookies settings by clicking “Tools”, “Options” and “Privacy”.
Blocking cookies will have a negative impact upon the usability of some websites.
This Site may be accessed from countries other than the United States. This Site may contain products or references to products that are not available outside of the United States. Any such references do not imply that such products will be made available outside the United States. If you access and use this Site outside the United States you are responsible for complying with your local laws and regulations.
Items purchased from this site are sold to you for personal use and not for resale. Simply Spiked reserves the right, at Simply Spiked sole discretion, to limit the quantity of items sold or to refuse sale of items to any customer at any time.
PROMOTIONS AND COUPONS
All clearance items are marked as final sale and may not be returned or exchanged. Clearance items are ineligible with any additional discounts, promotion, or coupons. Additional restrictions may apply to clearance items as indicted hereon.
RETURNS AND EXCHANGES
All returns or exchanges must be returned within 365 days from the purchase date. Products must be in unused, “As New” condition, and packed with care in an adequately sized box, to avoid damage during shipping. Customers are responsible for return shipping. All returns acquire a $5.00 restocking fee product. This fee will be automatically deducted from balance of returned funds. Returns will be inspected by the fulfillment center within 72 hours of receipt, and your refund will be issued within 7 business days. Clearance products are FINAL SALE and may not be returned or exchanged. Returns not accepted by the fulfillment center will be reshipped to the customer. All returns and exchanges must be accompanied by the return/exchange form.
Shipping charges apply at checkout. International shipping charges will be applied in addition to domestic charges upon shipping. The remaining balanced must be paid by customer prior to dispatch and customer will be contacted thereof.
MODIFICATION AND TERMINATION
In addition to any other legal or equitable remedies, we may, without prior notice to you, immediately terminate the Agreement or revoke any or all of your rights granted under this Agreement. Upon any termination of this Agreement, you shall immediately cease all access to and use of the Site and we shall, in addition to any other legal or equitable remedies, immediately revoke all password(s) and account identification issued to you and deny your access to and use of this Site in whole or in part. Any termination of this Agreement shall not affect the respective rights and obligations (including without limitation, payment obligations) of the parties arising before the date of termination.
We reserve the right to modify, edit, delete, suspend or discontinue, temporarily or permanently this Site (or any portion thereof) and/or the information, materials, products and/or services available through this Site (or any part thereof) with or without notice. You agree that we shall not be liable to you or to any third party for any such modification, editing, deletion, suspension or discontinuance of this Site.
RISK OF LOSS; OTHER TERMS OF SALE
The risk of loss and title for items purchased by you pass to you upon our delivery of the items to the carrier pursuant to our standard terms of sale.
In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, we shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, we shall immediately issue a credit to your credit card account in the amount of the charge.
All materials and information on this Site, including, without limitation, our logos, design, text, graphics, software, other files, and the selection and arrangement thereof are protected by copyrights that are owned or licensed by C&C International Imports, inc., or otherwise used with permission by C&C International Imports, Inc.. You may not reproduce, perform, create derivative works from, republish, upload, post, transmit, or distribute in any way whatsoever any Content from this Site or any other site owned or operated by C&C International Imports, Inc. without the prior written permission of C&C International Imports, Inc.. Any modification of the Content, or any portion thereof, or use of the Content for any other purpose constitutes an infringement of C&C International Imports, Inc’s copyrights and other proprietary rights. Use of the Content on any other site or other networked computer environment is prohibited without prior written permission from C&C International Imports, Inc..
C&C International Imports, Inc’s trademarks are protected by federal and state law in the United States and throughout the world, and may not be copied or imitated. C&C International Imports, Inc’s trademarks include (but are not limited to) the following trademarks: Clogs by The Scandinavian Company, The Scandinavian Company, Simply Spiked.
Without limiting the foregoing, if you believe that your work has been copied and posted on the Service in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; Identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and a notarized statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Other names and brands used on this Site may be claimed as the property of others. These trademarks may not be copied, imitated, or used, in whole or in part, without the prior written permission of Simply Spiked or the rights holder. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks owned by C&C International Imports, Inc., and may not be copied, imitated, or used, in whole or in part, without the prior written permission of C&C International Imports Inc.
We respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please follow our Notice and Procedure for Making Claims of Copyright Infringement.
information reasonably sufficient to permit us to locate the material; Information reasonably sufficient to permit us to contact the complaining party;
A notarized statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
You agree that our remedy at law for any actual or threatened breach of this Agreement would be inadequate and that we shall be entitled to specific performance or injunctive relief, or both, in addition to any damages that we may be legally entitled to recover, together with reasonable expenses of any form of dispute resolution, including, without limitation, attorneys’ fees.
No right or remedy of ours shall be exclusive of any other, whether at law or in equity, including without limitation damages injunctive relief, attorneys’ fees and expenses.
No instance of waiver by us of our rights or remedies under these terms and conditions shall imply any obligation to grant any similar, future or other waiver.
DISCLAIMER AND LIMITATION OF LIABILITY
EXCEPT AS OTHERWISE PROVIDED IN THE STANDARD TERMS OF SALE THAT GOVERN THE SALE OF EACH PRODUCT ON THIS SITE, A COPY OF WHICH YOU MAY ACCESS HERE 188.8.131.52/~shoes (and on the web pages to which that webpage links), THIS SITE, THE PRODUCTS OFFERED FOR SALE ON IT AND THE TRANSACTIONS CONDUCTED THROUGH IT ARE PROVIDED BY US ON AN “AS IS” BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, TITLE, QUIET ENJOYMENT, DATA ACCURACY AND SYSTEM INTEGRATION. THIS SITE MAY INCLUDE INACCURACIES, MISTAKES OR TYPOGRAPHICAL ERRORS. WE DO NOT WARRANT THAT THE CONTENT WILL BE UNINTERRUPTED OR ERROR FREE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL LIABILITY TO YOU FOR ANY DAMAGES (REGARDLESS OF THE FOUNDATION FOR THE ACTION) SHALL NOT EXCEED IN THE AGGREGATE THE AMOUNT OF FEES ACTUALLY PAID BY YOU TO US DURING THE MONTH IMMEDIATELY PRECEDING THE ACT ALLEGEDLY GIVING RISE TO OUR LIABILITY.
This site is created and controlled by us in the State of Florida, USA. As such, the laws of the State of Florida will govern these disclaimers, terms, and conditions, without giving effect to any principles of conflicts of laws.
990 Stinson Way Suite 204
West Palm Beach, FL 33411 USA