Terms and Conditions.
Version Date: November 1, 2018
YOU AGREE TO BE BOUND BY THIS AGREEMENT BY ACKNOWLEDGING YOUR AGREEMENT DURING THE REGISTRATION PROCESS AND ALSO BY CONTINUING TO USE THE WEBSITE. IF YOU DO NOT AGREE TO ABIDE AND BE BOUND BY THIS AGREEMENT, OR TO MODIFICATIONS THAT WE MAY MAKE TO THIS AGREEMENT IN THE FUTURE, THEN YOU SHOULD NOT USE OR ACCESS THE WEBSITE OR OUR SERVICES.
THE SECTION BELOW ENTITLED “DISPUTES” CONTAINS AN AGREEMENT TO RESOLVE DISPUTES IN BINDING ARBITRATION AND TO WAIVE YOUR PARTICIPATION IN CLASS-ACTION CLAIMS. PLEASE READ THIS AGREEMENT CAREFULLY BECAUSE IT AFFECTS YOUR LEGAL RIGHTS.
You are responsible for maintaining the confidentiality of your Shooli account and password information.
You accept full responsibility for any unauthorized use of your password or your account, including use by minors. Should you suspect that any unauthorized party may be using your password or account, you will notify us immediately. By using the Website, you represent and warrant that you are of legal age to form a binding contract with us. Persons under the age of 13 are not permitted to register an account under our Website or use our Services.
ORDERING AND PAYMENT
All orders for our Services are placed online at shooli.com, through SMS text messages, or through our mobile application. In our discretion, we may accept orders through other means as well (e.g., telephone). We bill customers directly for their orders, and “Shooli” will be the name that appears on your payment records.
If you do not wish to receive emails from us, you may unsubscribe by clicking the link provided in the email. You may also opt-out of receiving e-mails or text messages through your account settings, by contacting our support team at (612) 978-5511, or emailing us here. In some cases, opting out of text messages may impact your use of the Services.
YOUR ORDER FOR SERVICES
When placing an order for Services:
it is your responsibility to select the option in the shopping cart that most directly applies to the type of footwear and type of service you desire;
we ask that you describe in the comment section of the order form the brand, color, and style of the type of shoe, sneaker, boot or other item(s) for which Service is sought. While our check-in process is designed to address any mislabels, failure to properly describe or assign your items may cause them to be serviced in a way that is different from what you intended.
By purchasing our Services, you agree that you are at risk at all times for the loss or damage of your items, except as expressly set forth in this Agreement. As a result, when you place an order for Services any claim you make for reimbursement or otherwise must be made in accordance with this Agreement.
The minimum order charge is currently $20.00. We may change this minimum order charge from time to time.
MISSED PICK-UP FEE
You may be subject to a missed pick-up fee in the event that:
you schedule an order;
our driver shows up within the applicable window of time for pick-up; and
your item(s) is or are unavailable for pickup.
If this happens, we will attempt to notify you and our driver will do his or her reasonable best to locate your items. Upon attempting to notify you, our driver will then wait for five minutes. If you are unable to respond and to provide or direct our driver to your item(s) within those five minutes, we may charge you a missed pick-up fee of $8.00.
YOUR SATISFACTION – OUR MONEY BACK GUARANTEE
We aim to offer the highest quality shoe care to our customers. As such, your satisfaction is our first priority. In the unlikely event that you are unsatisfied with the results of our Services for any reason, we offer a money back guarantee. To claim this money back guarantee, you must present us with a claim within 48 hours of our delivery of your item. Claims may be presented by calling customer service at (612) 978-5511 or by emailing us here.
Of course, there are a few limits to our money back guarantee. Those limits are explained below. Before you make a claim, please read these limitations carefully.
Minor darkening of color in your item is not covered by our money back guarantee. Subtle and minor changes in color and darkening inevitably occur through the cleaning, conditioning, polishing and weather treatment processes. This is particularly true for items made of any suede, nubuck, sheepskin and other lighter leather colors. If our professionals believe that significant darkening may occur to an item for which you have ordered Service, we may attempt to contact you prior to completing the order. If, after our disclosure to you of the significant darkening risk, you should then wish to continue with the Service, you will have waived your right to obtain the money back guarantee for any darkening that may occur.
We do not provide a money back guarantee when your leather item is presented to us in poor condition. While we may attempt to provide the best Service we can to all of your items, we cannot guarantee your satisfaction with, and will not be responsible for treating, items presented to us in poor condition. “Poor condition” generally means leather that is cracked or exceptionally worn or stained. If our professionals believe that the condition of your item is poor, and that our provisions of the Service may yield unsatisfactory results, we may attempt to contact you prior to completing the order. If, after our disclosure to you of our evaluation of the condition of your item and the likely results from providing the Service, you should then wish to continue with the Service, you will have waived your right to obtain the money back guarantee relating to the condition of the leather of your item.
Our professional leather care experts are top notch. Nonetheless, in the unlikely event that any of your footwear items are damaged due to our care process, we want you to have the confidence that we will do the right thing. In such a case, you must provide us with a bona fide damage claim within 48 hours of our delivery of your item, and if you do so we will reimburse you for your damaged footwear based on the “replacement value” of that item, determined as set forth below.
The “replacement value” of the footwear will be a percentage of the current market value of that item, if purchased new. If that item is not available, then the replacement value will be instead be a percentage of the current market value of a like item (manufactured by the same brand, if possible). The percentage applied to the current market value of the same (or similar) item will be as follows: 100% if your item was purchased within the prior three months; 75% if your item was purchased within the prior 3-12 months; 50% if your item was purchased more than one year but less than three years ago; and 25% if your item was purchased more than three years ago.
Please note that minor darkening of the color of your items is to be expected in many cases, and so is not considered to be damage to your item for which we will reimburse you under this Agreement. Furthermore, minor darkening of your items is not covered as part of our money back guarantee. For more information, please refer to “Your Satisfaction – Our Money Back Guarantee” above.
We understand that your footwear means a lot to you and that you are entrusting us with your items. We will do our best to ensure there is no loss of personal property. In the rare instance, however, that an item is missing or lost in your returned packaging, you must submit a claim to us within 48 hours after our delivery to you. In such a case, we will replace your lost item or reimburse you for that loss as described below:
Footwear Items: If a footwear item is lost, we will reimburse you for the replacement value of the lost item. The “replacement value” of a lost item will be determined in the same manner as the replacement value of damaged items (see “Damaged Items” above).
Other Items: If a shoe tree is lost, or if shoe laces are lost, we will provide you with a new set of premium cedar shoe trees or new pair of shoelaces to match the original laces as best we can. If a shoe bag is lost, we will provide you with a replacement item of similar value.
We will do our best to we follow your written pick-up and delivery instructions accompanying your order. We will not, however, be responsible for any stolen items or packages.
We may offer or provide our customers with gift cards. If we do so, the following terms will apply to those gift cards: (1) gift cards are not redeemable for cash (except as may be required by applicable law); (2) lost, stolen or damaged gift cards may be replaced only with valid proof of purchase and to the extent that the remaining gift card balance appears in our records; (3) gift cards are not a credit or debit card; (4) there are no expiration dates and no fees for gift cards that are purchased; and (5) expiration dates or other terms may apply to promotional or other gift cards that not purchased directly by a consumer.
COUPONS, PROMOTIONAL OFFERS AND DISCOUNTS
Any promotional offer, price, discount, coupon, or similar opportunity offered by us to you or other persons from time to time will be subject to the terms, conditions, and expiration dates presented with that offer.
Nevertheless, the use of multiple coupons for one order (“stacking”) is not permitted.
Promotional codes may not be duplicated, shared, sold or transferred in any manner and they are never valid for cash. Promotional codes may expire prior to their use. Furthermore, we may discontinue or disable promotions and promotional codes at any time and for any reason, without any liability.
YOUR REPRESENTATIONS AND PROMISES TO US
By using our Services, you represent and warrant to us that:
all registration information you submit to us and maintain with us is truthful and accurate; and
you are not a minor in the jurisdiction in which you reside.
Furthermore, you agree that you will not access or use our Website for any other purpose other than that for which we make it available. The Website is for the use of Shooli and the personal use of users of the Services only, and may not be used in connection with any other commercial endeavors. Prohibited activity includes but is not limited to:
engaging in unauthorized framing of or linking to the Website;
using any information obtained from the Website in order to contact, advertise to, solicit, or sell to any user without our and their prior explicit consent;
engaging in any automated use of the Website or information available on or through the Website, such as using scripts or data mining or similar data gathering and extraction tools;
decompiling or reverse engineering any of the software comprising any part of the Website;
displaying an advertisement, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity on or through the Website on behalf of that person, such as posting blogs or bulletins with a commercial purpose; and
using the Website in a manner inconsistent with applicable laws and regulations.
OUR INTELLECTUAL-PROPERTY RIGHTS
The content on the Website (collectively, the “Shooli Content”) and the trademarks, service marks and logos contained therein (collectively, the “Marks”) are owned by or licensed to Shooli, and are subject to copyright and other intellectual-property rights under United States and foreign laws and international conventions. Shooli Content includes without limitation all source code, databases, software, website designs, audio, video, text, photographs and graphics. All Shooli graphics, logos, designs, page headers, button icons, scripts and service names are registered trademarks, common law trademarks or trade dress of Shooli in the U.S.A. and/or other countries. Shooli Content on the Website is provided to you “AS IS,” for your information and personal use only, and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of Shooli or its other respective owners.
Provided that you are eligible to use the Website, you are granted a limited license to access and use the Website and the Shooli Content and to download or print a copy of any portion of the Shooli Content to which you have properly gained access solely for your personal, non-commercial use. Shooli reserves all rights not expressly granted to you in and to the Website, the Shooli Content and the Marks. If you download or print a copy of the Shooli Content or Marks for personal use, you must retain all copyright and other proprietary notices contained therein or associated therewith. You agree not to circumvent, disable or otherwise interfere with security-related features of the Website or features that prevent or restrict use or copying of any Shooli Content or Marks, or enforce limitations on use of the Website, the Shooli Content or the Marks.
THIRD-PARTY WEBSITES AND CONTENT
The Website may from time to time contain (or you may be sent through the Website) links to websites owned by other parties (“Third-Party Websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (collectively, “Third-Party Content”). Such Third-Party Websites and Third-Party Content are not investigated, monitored or checked for accuracy, appropriateness or completeness by us, and we are not responsible for any Third-Party Websites, whether accessed through the Website or otherwise, or any Third-Party Content posted on, available through, or installed from the Website, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to or permitting the use or installation of any Third-Party Website or any Third-Party Content does not imply our approval or endorsement thereof. If you decide to access any Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk and you should be aware that our terms and policies will no longer govern that activity. You should review the applicable terms and policies, including privacy and data gathering practices, of any Third-Party Website to which you navigate from the Website or relating to any applications you use or install from our Website.
We reserve the right, but does not have the obligation, to: (a) monitor the Website for violations of this Agreement; (b) in our sole discretion and without limitation, refuse, restrict access to or availability of, the Website or the Service; (c) terminate the accounts of users who have violated this Agreement; and (d) otherwise manage the Website in a manner designed to protect the rights and property of Shooli and others and to facilitate the proper functioning of the Website.
TERM AND TERMINATION
This Agreement will remain in full force and effect while you use the Website or are otherwise a user of the Website or the Service. You may terminate your use or participation at any time, for any reason, by following the instructions for terminating user accounts in your account settings. Any provisions of this Agreement that, in order to fulfill the purposes of such provisions, need to survive the termination of this Agreement shall be deemed to survive for as long as necessary to fulfill such purposes.
MODIFICATIONS AND CORRECTIONS
We may modify this Agreement from time to time. Any and all changes to this Agreement will be reflected on the Website and revisions will be indicated by date. You agree to be bound by any changes to this Agreement when you use the Website or Services after any such modification posted on the Website becomes effective. In our discretion, we may choose to alert all users of such modifications, whether by means of an email to their most recently provided email address, a prominent posting on the Website, or otherwise. It is therefore important that you regularly review this Agreement and keep your contact information current in your account settings to ensure you are informed of changes. Modifications to this Agreement shall be effective 30 days after having been posted, but shall not apply retroactively. In addition, modifications to the dispute-resolution provisions of this Agreement shall not apply to disputes arising prior to the effective date of the modification.
Finally, we reserve the right at any time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree we will not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.
Occasionally, there may be information on the Website that contains typographical errors, inaccuracies or omissions that may relate to service descriptions, pricing, availability, and other information. Shooli reserves the right to correct any errors, inaccuracies or omissions and to change or update the information at any time, without prior notice.
In these dispute-resolution provisions, “us” includes Shooli and its employees, directors, officers, members, parents, subsidiaries, affiliates, beneficiaries, agents, successors and assigns.
THIS ARBITRATION PROVISION IS MEANT TO HELP RESOLVE DISPUTES BETWEEN YOU AND US. IT REQUIRES THAT ALL DISPUTES RELATING IN ANY WAY TO THIS CONTRACT WILL BE RESOLVED BY BINDING ARBITRATION. PLEASE READ THESE PROVISIONS CAREFULLY.
You have the right to opt out of this provision by giving us written notice within 30 days after becoming subject to this Agreement. If we don’t receive written notice during that time, you cannot opt out and you will have irrevocably agreed that these dispute-resolution provisions apply.
Unless you properly and timely opt out as explained immediately above, you hereby agree that all claims, disputes or disagreements that may arise out of the interpretation or performance of this Agreement, including any advertising or marketing communications regarding Shooli or the Services, or that in any way relate to your use of the Website, the materials or other content on the Website (including data breaches), or that in any way relate to the Services, shall be submitted exclusively to binding arbitration before a single arbitrator jointly appointed by you and Shooli. The arbitrator will self-administer the arbitration proceedings utilizing the Consumer Rules of the American Arbitration Association, as modified according to these dispute-resolution provisions (the “Consumer Rules”). The arbitrator must be a retired federal or state judge, or a licensed lawyer with at least 15 years of commercial law experience. If the parties cannot agree upon an arbitrator, then each party will appoint one qualified arbitrator and the two qualified arbitrators so appointed will appoint a third qualified arbitrator to serve as the arbitrator for the dispute, and such appointment will be final.
Notwithstanding the immediately preceding paragraph, each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s intellectual-property rights. An equitable proceeding of this kind may be brought in any court in any location where jurisdiction may exist.
The arbitration will be held in Minneapolis, Minnesota. Each party will have discovery rights as provided by the Federal Rules of Civil Procedure within the limits imposed by the arbitrator; provided, however, that all such discovery will be commenced and concluded within 45 days of the selection of the arbitrator. It is the intent of the parties that any arbitration will be concluded as quickly as reasonably practicable. The arbitrator will use all reasonable efforts to issue the final written report containing the award or awards within a period of five business days after closure of the proceedings. Failure of the arbitrator to meet the time limits of this Section will not, however, be a basis for challenging the award. The arbitrator will not have the authority to award punitive damages to either party. Each party will bear its own expenses, but the parties will share equally the fees and expenses of the arbitrator. The arbitrator shall award attorneys’ fees and other related costs payable by the losing party to the successful party as he or she deems equitable. This Agreement will be enforceable, and any arbitration award will be final and non-appealable, and judgment thereon may be entered in any court of competent jurisdiction.
Throughout the arbitration, each party will pay his or her own attorney fees and expenses (such as expert witness fees). If you win in the arbitration of any claim against us, we will reimburse you for any fees you paid to the arbitrator or arbitration organization related to the arbitration. On the other hand, you agree to promptly reimburse us for all fees and expenses paid or incurred by us, including reasonable attorneys’ fees, if the arbitrator finds that either the substance of your claim or the relief sought was frivolous or was brought for an improper purpose.
This agreement to arbitrate is made in connection with a transaction involving interstate commerce and will be governed by the Federal Arbitration Act, 9 U.S.C. §§ 1-16, as it may be amended, and shall be brought in Hennepin County, Minnesota. If the Federal Arbitration Act does not apply, then the substantive law of the State of Minnesota will govern this provision and any legal action arising out of or related in any respect to this Website or the Services shall be brought solely in either the applicable federal or state courts located in Hennepin County, Minnesota.
To begin an arbitration proceeding, you must send a letter containing your demand to us and to the American Arbitration Association. The demand must conform to the requirements of the Consumer Rules and be sent to the American Arbitration Association in the manner required under the Consumer Rules. Your letter and demand can be sent to us at Shooli, LLC, 1501 Washington Avenue S., Suite 300, Minneapolis, Minnesota 55454, Attn: Legal Department.
IMPORTANT: You acknowledge and agree that you and Shooli are each waiving the right to a trial by jury. You further acknowledge and agree that you waive your right to participate as a plaintiff or class member in any purported class or mass action, or representative proceeding in any action against Shooli. Furthermore, unless both you and Shooli otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or mass action, or representative proceeding.
TO THE FULLEST EXTENT PERMITTED BY LAW, SHOOLI, ITS OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, PARENTS, SUBSIDIARIES, AFFILIATES, BENEFICIARIES, AGENTS, SUCCESSORS AND ASSIGNS HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND SERVICES AND YOUR USE THEREOF, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SHOOLI MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE, THE SHOOLI CONTENT, THE SERVICES, OR THE CONTENT OF ANY THIRD-PARTY WEBSITES LINKED TO THE WEBSITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES, OR INACCURACIES RELATING TO THE FOREGOING, (B) PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE AND THE SERVICES, INCLUDING OUR PICK UP AND DELIVERY OF ANY ITEMS, (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR ANY PERSONAL INFORMATION OR FINANCIAL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, OR (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE.
LIMITATIONS OF LIABILITY
IN NO EVENT SHALL SHOOLI OR ITS DIRECTORS, OFFICERS, MEMBERS, EMPLOYEES, PARENTS, SUBSIDIARIES, AFFILIATES, BENEFICIARIES, AGENTS, SUCCESSORS OR ASSIGNS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, OR ANY OTHER SIMILAR DAMAGES OF ANY KIND (HOWEVER DENOMINATED), EVEN IF SHOOLI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, SHOOLI’S LIABILITY TO YOU FOR ANY CAUSE OF ACTION OR CLAIM, REGARDLESS OF THE FORM OF THE ACTION OR CLAIM, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID BY YOU TO SHOOLI FOR SERVICES DURING THE THREE-MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION OR CLAIM ARISING.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR CERTAIN KINDS OF DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
You agree to defend, indemnify and hold Shooli, its directors, officers, members, parents, subsidiaries, affiliates, agents, successors and assigns (and the respective directors, officers, employees and agents of those parents, subsidiaries, affiliates, agents, successors and assigns) harmless from and against any loss, damage, liability, claim or demand, including reasonable attorneys’ fees and expenses, made by any party due to or arising out of your violation or breach of this Agreement. Nevertheless, Shooli reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us or our indemnitees hereunder, and you agree to cooperate, at your expense, with our defense of any such claims. We will use reasonable efforts to notify you of any claim, action or proceeding that is subject to this indemnification upon becoming aware of it.
Except as explicitly stated otherwise, any notices given to us shall be given by email to firstname.lastname@example.org. Any notices given to you shall be given to the email address you provided during the registration process, or such other address as you may so specify. Notice shall be deemed to be given 24 hours after the email is sent, unless the sending party is notified that the email address is invalid. We may also choose to send notices by regular mail, in which case notice will be deemed given on the third day after deposit in the U.S. mail, first-class, postage prepaid.
This Agreement constitutes the entire agreement between you and us regarding the use of the Website and the Services. Our failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. Neither this Agreement nor your account may be assigned by you without our express written consent. Shooli may assign any or all of its rights and obligations under this Agreement to any other party at any time. If any part of this Agreement is determined to be invalid or unenforceable under any law or statute, that determination will not invalidate or render unenforceable any remaining part of this Agreement.
HOW TO CONTACT US
In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us as set forth below.
1501 Washington Avenue S., Suite 300
Minneapolis, MN 55404
Phone: (612) 978-5511