TERMS & CONDITIONS
These Terms and Conditions constitute a legally binding contract between the customer (“you”) and D’NexStep Sandals and Accessories Ltd and apply to the ordering, purchasing, fulfillment and delivery domain name DNEXSTEP.COM (“Website”).
Please read the following Terms and Conditions carefully before placing your order. The Terms and Conditions contain important information about ordering, processing, fulfillment and delivery of Goods.
You agree to be bound by the Terms and Conditions by accessing the Website, regardless of whether you create an account or make a purchase.
If you breach any of the Terms and Conditions, you are prohibited to continue using the Website.
If you do not agree with any part of these Terms and Conditions you must leave this Website immediately.
These Terms and Conditions may be updated periodically by D’NexStep Sandals and Accessories Ltd. Revisions will be posted to this page. You agree to be bound by any revisions.
“Order” means an Order Goods placed via the Website.
“Taxes” means any taxes (including goods and services tax and other value added taxes), levies, imposts, charges and duties (including stamp and transaction duties, import and export duties) imposed by any authority together with an related interest, penalties, fines and expenses in connection with them in relation to a transaction contemplated under these Terms and Conditions.
COMMUNICATION BY US
As a condition of creating an account with D’NexStep Sandals and Accessories Ltd, you consent to us sending you Administrative Emails and Promotional Emails. In this document:
- a) “Administrative Emails” involve details of account activity and purchases you have made.
- b) “Promotional Emails” consist of product information, new offers and information about D’NexStep Sandals and Accessories Ltd. You may choose to opt-out of receiving Promotional Emails anytime by simply clicking the unsubscribe button at the bottom of our emails and following the instructions.
PLACING YOUR ORDER
You may place an order with D’NexStep Sandals and Accessories Ltd by completing the order form (custom) or purchasing from our store on the Website and clicking the “Submit My Order” button.
When you place a custom order we will contact you directly to discuss your order in detail.
By placing a custom order or purchase from our store, you make an offer to us to purchase the shoes you have designed, or readymade purchase you have selected, based on these Terms and Conditions.
Information contained on the Website constitutes an invitation to treat. No information on the Website constitutes or should be deemed as an offer by us to supply any shoes or other products; however D’NexStep Sandals and Accessories Ltd will make every effort to supply the shoes you have designed to you, or other products you have selected for purchase.
We will notify you that your order is being processed by sending an order confirmation email to you. We do not formally accept your offer until your order has passed our internal validation procedures for:
- verifying the bona fides of each order placed, for the purpose of preventing credit card or payment fraud; and
- Confirming that the colors you selected are available to make your sandals.
Formal acceptance of your offer will occur when we email you confirming your order.
If we cannot process or accept your order after payment is received we will contact you by email or telephone.
You warrant to D’NexStep Sandal and Accessories Ltd that all goods that you order are intended for personal, domestic, non-commercial use only.
You agree that, if your offer is accepted by D’NexStep Sandals and Accessories Ltd in accordance with these Terms & Conditions, in addition to contracting with D’NexStep Sandals and Accessories Ltd in relation to the purchase of certain products, you are also separately contracting with D’NexStep Sandals and Accessories Ltd to arrange for the delivery of those products to your nominated address.
D’NexStep Sandals and Accessories Ltd reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
You agree not to post or transmit to the Website any material which:
- is threatening, defamatory, obscene, offensive, indecent, pornographic, abusive, discriminatory, liable to incite hatred, is in breach of confidence, or privacy, or is proprietary;
- is not properly licensed for use on this Website;
- violates or infringes the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any person;
- constitutes or encourages an illegal act — including criminal or civil liability, or acts which are otherwise prohibited by the law of any relevant country in the world;
- infringes on the rights of a third party in any country in the world; or
- has the potential to cause technical damage to the Website, or the equipment of other users of the Website (including, without limitation, viruses, trojans, worms, corrupted data or other malicious data or code).
You agree to not attempt to “hack” the Website or any other websites you do not own. This includes without limitation, trying to guess users passwords, “phishing”, accessing “hidden” URLs, attempting to trigger remote code for the purpose of accessing data or material you would not otherwise have access to.
You may not reverse engineer, decompile, or disassemble the D’NexStep Sandals and Accessories Ltd shoe designer, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
You agree that D’NexStep Sandals and Accessories Ltd owes no royalty or license fee to you or any third party for use of material which is posted or transmitted to the Website. This includes but is not limited to images of shoes designed by you using our shoe designer, and photographs of shoes custom made for and sold to you. D’NexStep Sandals and Accessories Ltd is free to copy, distribute or incorporate such material into the Website for commercial or non-commercial purposes.
ACCESS TO D’NexStep Sandals and Accessories Ltd
D’NexStep Sandals and Accessories Ltd may assign you a password and account identification to enable you to access and use certain portions of the Website. Each time you use a password or identification, you will be deemed to be authorized to access and use the Website in a manner consistent with these Terms and Conditions. D’NexStep Sandals and Accessories Ltd has no obligation to investigate the authorization or source of any such access or use of the Website. You are solely responsible for all access to and use of the Website by anyone using the password and identification originally assigned to you whether or not such access to and use of the Website is actually authorized by you, including without limitation all, communications and transmissions and all obligations (including without limitation financial obligations) incurred through such use of access. You are solely responsible for protecting the security and confidentiality of the password and identification information assigned to you. You will immediately notify D’NexStep Sandals and Accessories Ltd of any unauthorized use of your password or identification or any other breach or threatened breach of this Website’s security.
If you decide to purchase a pair of shoes or other product from the Website, you agree to promptly pay the associated fee. You acknowledge that if you trigger a “chargeback” through your credit card provider we reserve the right to no longer conduct business with you.
You acknowledge that all discounts arising from Promotional Offers are applied to transaction amounts only after any existing account credit or gift certificate credit has been deducted from the total amount of your order.
Promotional offers cannot be used in conjunction with gift certificates.
Only one promotional offer can be used per order.
D’NexStep sandals and Accessories Ltd reserves the right to verify the validity of the Promotional Offers or gift certificate redeemed by you at any time. If we have reason to believe that there has been unauthorized use of a Promotional Offer or gift card then we can revoke this offer and cancel your order at our discretion.
CREDIT CARD FRAUD
D’NexStep Sandals and Accessories Ltd, through our transaction providers PayPal, employs the Secure Sockets Layer (SSL) technology to protect transactions with our customers. However D’NexStep Sandals and Accessories Ltd will not be responsible for any damages, consequential losses (whether direct or indirect) suffered by a customer whose credit card is fraudulently used or is used in an unauthorized manner as a result of using this Website.
SUPPLY OF PRODUCTS
Subject to these Terms and Conditions, we will supply to you the products indicated on your order confirmation.
DESIGINGING YOUR SANDALS
When designing your sandals, the images displayed are a representation only, the actual shoe that is custom made for you may differ to the represented images. Your ability to return shoes is subject to the D’NexStep Sandals and Accessories Ltd returns policy.
When your order items have been dispatched, we will email you to confirm shipment of each item including a tracking number for each item (if applicable).
PRODUCTION OF YOUR PRODUCTS –CUSTOM ORDERS
“Standard Production” means crafting shoes according to our standard production time and delivering with DHL Express, FedEx or the Jamaica Postal Service. This is the default option. The making of your sandals and delivery time takes up to 30 working days from the date your payment is received. We will contact you to regarding the actual date of delivery.
Custom Made Sandals
In the event your sandals require a remake or a credit granted where the original order, provided the reason for remake or refund fits into one of the following categories:
- Packaging (if packaging damaged the shoes)
- Colour (where the colour did not match what was stipulated)
Remake or credit will not apply if falls under any of the following categories:
- Occasion (shoes not suitable for occasion ordered for)
- Time (where we missed the customer’s deadline, but fulfilled the order
- Cancelled (if the shoes are already in production stages)
- Don’t like
DELIVERY OF YOUR PRODUCTS
D’NexStep Sandals and Accessories Ltd makes every effort to deliver your custom made sandals or other product purchased from the Website according to the estimated delivery times provided at checkout. The estimated delivery times are in business days (Monday through Friday) excluding Public holidays.
Every effort is made to ship your order according to the estimated delivery times provided. Estimated ship times may vary or change due to changes in supply or circumstances beyond our control. If your custom made sandals or readymade sandals has not arrived after the estimated delivery time, please contact us.
Unless otherwise agreed by us, we will deliver your custom made sandals or ready to wear purchase to the address indicated on your order confirmation. If no-one is available to take delivery of your order, our carrier may leave a card so you can pick-up your custom made shoes or other product from a third party address.
We will use our reasonable efforts to deliver your custom made sandals ready to wear purchase to you within the estimated delivery time indicated on your order confirmation; however, we do not guarantee that we will deliver within this time frame. To the extent permitted by law, D’NexStep Sandals and Accessories Ltd will not be liable for any delay or inability to deliver your order within the estimated timeframe.
CUSTOMS AND DUTIES
Taxes and custom duties may be levied with respect to the goods by the destination country to which the goods will be delivered and/or the country from which the goods are shipped.
REVIEWS, COMMENTS AND SHOE DESIGNS
Except as otherwise provided elsewhere in these Terms and Conditions or on the Website, anything that you submit or post to the Website and/or provide D’NexStep Sandals and Accessories LTD, including without limitation, shoe designs, ideas, know-how, techniques, questions, reviews, comments, and suggestions (collectively, “Submissions”) is and will be treated as non-confidential and non-proprietary, and D’NexStep Sandals and Accessories Ltd 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 the sole and exclusive property of D’NexStep Sandals and Accessories Ltd. You also grant D’NexStep Sandals and Accessories Ltd the right to publicly use the name that you include with any Submission when we refer to that Submission. You represent and warrant that you own or otherwise control all of the rights to any Submissions you make on the Website and that your use of your Submissions by D’NexStep Sandals and Accessories Ltd 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 or third parties as to the origin of any Submissions or Content. D’NexStep Sandals and Accessories Ltd may, but shall D’NexStep Sandals and Accessories Ltd not be obligated to, remove or edit any Submissions (including comments or reviews) for any reason.
Outbound links from this Website are provided for your convenience.
D’NexStep Sandals and Accessories Ltd has not reviewed these websites in any great detail, and cannot vouch for the content on these pages. You agree to access these links entirely at your own risk.
You are welcome to link to the Website provided you do so tastefully. If we feel your link is not in good taste, or is damaging to our brand (beyond mere criticism), we reserve the right to withdraw the right to link to the Website. You agree to remove the offending link at this time.
You shall not assign any rights and obligations under these Terms and Conditions whether in whole or in part without the prior written consent of D’NexStep sandals and Accessories Ltd Any unauthorized assignment shall be deemed null and void.
If any provision of these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Terms and Conditions and the remainder of the provisions in question shall not be affected.
Our goods come with guarantees that cannot be excluded under the Jamaica Consumer Law. You are entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
Neither our failure nor your failure to enforce any part of these Terms and Conditions constitutes a waiver of such Terms and Conditions. Such failure will in no way affect the right to later enforce a part of these Terms.
D’NexStep Sandals and Accessories Ltd reserves the right to change the Terms and Conditions at any time.
No D’NexStep Sandals and Accessories Ltd employee or agent has the authority to vary any of the Terms and Conditions.
D’NexStep Sandals and Accessories Ltd shall not be liable for any delay in performing any of its obligations under these Terms and Conditions if such delay is caused by circumstances beyond the reasonable control of D’NexStep Sandals and Accessories Ltd and D’NexStep Sandals and Accessories Ltd will be entitled to a reasonable extension of time for the performance of such obligations.
DISCLAIMER AND LIABILITY
Whilst every effort has been made to ensure the information contained within this Website is correct, D’NexStep Sandals and Accessories Ltd makes no warranty as the accuracy, comprehensiveness, or correctness of any material, and provides all material on an “as is” basis.
D’NexStep Sandals and Accessories Ltd including our partners, directors, officers, shareholders, employees, agents, contractors, and other third parties associated with running the Website, to the maximum extent permitted by law, disclaim all liability and responsibility for any loss or damage that might be suffered by you or any third party caused by the Website or the products sold on it INCLUDING, WITHOUT LIMITATION, LOSS OR DAMAGE SUFFERED AS A RESULT OF NEGLIGENCE.
GOVERNING LAW AND SEVERABILITY
This contract will be governed by the laws of Jamaica, West Indies. Any dispute arising out of your use of the Website, or the products purchased on it shall be subject to the exclusive jurisdiction of the courts of that jurisdiction.
If a provision of these Terms and Conditions is or becomes illegal, invalid or unenforceable that shall not affect the validity or enforceability of any other provision.
At D’NexStep sandals and Accessories Ltd, the importance of protecting your privacy is paramount. We promise to do everything in our power to ensure you shop with us with confidence.
This document describes how we collect, use, disclose and safeguard your personal information. If you have any questions relating to this policy, please do not hesitate to contact us.
WHAT IS PERSONAL INFORMATION?
Personal information is information or an opinion about an identified individual, or an individual who is reasonably identifiable whether the information or opinion is true or not, and whether the information is recorded in a material form or not.
HOW WE COLLECT PERSONAL INFORMATION
We strive to only collect personal information necessary to conduct business as a premier retailer of bespoke women’s shoes.
The type of personal information we collect includes:
- your full name and contact details (such as phone and email),
- the name, address and contact details of the person who will take delivery of the product,
- your billing information,
- sizing measurements, and
- Any personal information you disclose to us when you complete an online form on our website www.dnexstep.com (“Website”), or send us via email.
USING AND DISCLOSING YOUR PERSONAL INFORMATION
Any personal information which is collected will be used and disclosed only to provide you with the products and services you’ve requested, or otherwise to carry out our business including communicating information about our products and services to you.
We will not under any circumstances disclose information about you to a third party unrelated to our business, unless such a disclosure is authorized or required by law, or you have expressly consented to such a disclosure.
If you are subscribed to receive promotional material from us, we may send you such material periodically. You may unsubscribe from receiving this material at any time.
We may periodically send all members surveys or company announcements. These messages are separate to our newsletters, but you may also unsubscribe at any time by following the included instructions.
THIRD PARTY ADVERTISING
Third party vendors, including Google, show our ads on sites on the internet.
ACCESSING AND EDITING YOUR PERSONAL INFORMATION
We will take all reasonable steps to ensure any personal data we collect, use or disclose is up to date and accurate.
Your personal information is accessible and editable by logging in to your D’NexStep Sandals and Accessories Ltd account. You may log in and edit this information at any time.
You may ask us to provide you with details of the personal information we hold about you, and copies of that information. We will respond to your request and attempt to provide you with the data within 30 days of receipt of your request.
If we provide you with copies of the information you have requested, we may charge you a reasonable fee to cover the administrative costs of providing you with that information.
Please direct all request for access and correction to email@example.com
SECURING AND STORING YOUR PERSONAL INFORMATION
We are committed to maintaining the confidentiality of the information you have provided to us and we take all reasonable precautions to protect your personal information from unauthorized use or alteration.
Your personal information may be stored by us both electronically and in hard copy form. We take all necessary measures to ensure the security of your information in both these forms.
If you would like more information about the way we manage your personal information please contact us.
MAILING LIST TERMS & CONDITIONS
As a condition of joining our mailing list, you consent to us sending you Promotional Emails. In this document, ‘Promotional Emails’ includes product information, new offers and information about D’NexStep Sandals and Accessories Ltd. You may choose to opt-out of receiving Promotional Emails anytime by simply clicking the unsubscribe button at the bottom of our emails or by responding to the email sent placing ‘Unsubscribe’ in the subject area.