Terms of Use

Terms and Conditions (Last modified: September 24, 2012)

Welcome to www.dizzysandals.com! The www.dizzysandals.com website ("Site") is comprised of various web pages operated by Dizzy Retail Inc. ("Dizzy Retail"). The Site is offered to you conditioned on your acceptance of the terms, conditions, and notices contained herein ("Terms"). Your use of the Site constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference. The Site is an E-commerce site that makes Dizzy products available for retail purchase.

 

Privacy

Your use of the Site is subject to Dizzy Retail's Privacy Policy. Please review our Privacy Policy located at www.dizzyretail.com/privacy, which also governs and informs users of our data collection practices.

 

Electronic Communications

Visiting the Site or sending emails to Dizzy Retail constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.

 

Your Account

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Dizzy Retail is not responsible for third party access to your account that results from theft or misappropriation of your account. Dizzy Retail and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion. Dizzy Retail does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use the Site with permission of a parent or guardian.

 

Cancellation/Refund Policy

You can return any pair of unworn shoes purchased on the Site within 30 days of delivery for a refund, exchange, or store credit. Unworn means the shoes are in new condition, still contain the original tags, and are in the original packaging. Please note, the return will be sent back to you if the shoes exhibit any obvious signs of wear or are not in the condition in which you received them. All original packaging and materials including boxes and any other materials in the original shipment must be returned with your merchandise. Unfortunately, Dizzy cannot reimburse you for the cost of return shipping. You should expect to receive your refund, exchange, or store credit within four weeks of giving your package to the return shipper, however, in many cases it will occur more quickly. This time period includes the transit time for us to receive your return from the shipper (5 to 10 business days), the time it takes us to process your return once we receive it (3 to 5 business days), and the time it takes to issue an exchange or store credit (5 to 10 business days). To make a return, simply log in to your account, view the order using the "Complete Orders" link under the My Account menu and click the Return Item(s) button. We'll notify you via e-mail once we've received and processed the returned item. If you wish to delete your account on the Site, simply email us at dizzy@dizzyretail.com to request such deletion. You may also edit the details of your account by doing the following: (1) Click on "My Dizzy Account" on the top left of any page and (2) Click "Your Account Details".

 

Links to Third-Party Sites/Third-Party Services

The Site may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of Dizzy Retail and Dizzy Retail is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Dizzy Retail is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Dizzy Retail of the site or any association with its operators.

Certain services made available via the Site are delivered by third party sites and organizations. By using any product, service or functionality originating from the

www.dizzyretail.com domain, you hereby acknowledge and consent that Dizzy Retail may share such information and data with any third party with whom Dizzy Retail has a contractual relationship to provide the requested product, service or functionality on behalf of www.dizzyretail.com users and customers.

 

No Unlawful or Prohibited Use / Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use the Site strictly in accordance with these Terms. As a condition of your use of the Site, you warrant to Dizzy Retail that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site. All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Dizzy Retail or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto. You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site.

Dizzy Retail content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Dizzy Retail and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Dizzy Retail or our licensors except as expressly authorized by these Terms.

 

Use of Communication Services

The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.

Dizzy Retail has no obligation to monitor the Communication Services. However, Dizzy Retail reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Dizzy Retail reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

Dizzy Retail reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Dizzy Retail's sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Dizzy Retail does not control or endorse the content, messages or information found in any Communication Service and, therefore, Dizzy Retail specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Dizzy Retail spokespersons, and their views do not necessarily reflect those of Dizzy Retail.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.

 

Materials Provided to www.dizzyretail.com or Posted on any Dizzy Retail Web Page

Dizzy Retail does not claim ownership of the materials you provide to the Site (including feedback and suggestions) or post, upload, input or submit to any Dizzy Retail Site or our associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Dizzy Retail, our affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein.

Dizzy Retail is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Dizzy Retail's sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

 

International Users

The Service is controlled, operated and administered by Dizzy Retail from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Dizzy Retail Content accessed through www.dizzyretail.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

 

Indemnification

You agree to indemnify, defend and hold harmless Dizzy Retail, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys' fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Dizzy Retail reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Dizzy Retail in asserting any available defenses.

 

Disclaimer

All information on the Site is current only as of the date it is posted. The information, services, products offered for sale and materials contained in and/or advertised on the Site, including, without limitation, text, graphics and links, are provided on an "AS IS" basis with no warranty. TO THE MAXIMUM EXTENT PERMITTED BY LAW, DIZZY RETAIL AND ITS SUPPLIERS DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO SUCH INFORMATION, SERVICES, PRODUCTS AND MATERIALS, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. In addition, dizzyretail.com and its suppliers do not represent or warrant that the information accessible via the Site is accurate, complete or current and are not responsible for typographical errors. Price and availability information is subject to change without notice. Dizzy Retail shall not be in default if the Site is made unusable by forces of nature, war, acts of terrorism, governmental action, fire, storm, flood, Internet or telecommunications failures, or any other cause beyond Dizzy Retail's reasonable control. You understand that Dizzy Retail does not and cannot guarantee that anything you download from the Site will be free from viruses and other destructive code. You are responsible for protecting yourself from such risks. USE OF THIS SITE IS AT YOUR OWN RISK. THE CONTENT IS PROVIDED "AS IS" AND WITHOUT ANY WARRANTIES, EXPRESS OR IMPLIED. DIZZY RETAIL DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. DIZZY RETAIL DOES NOT WARRANT THAT THIS SITE WILL BE ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS. DIZZY RETAIL DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING ANY USE OF THE CONTENT OR ACCURACY. DIZZY RETAIL MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. YOU ASSUME THE ENTIRE COST OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THIS SITE OR ITS CONTENT. DIZZY RETAIL MAKES NO WARRANTY THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS. DIZZY RETAIL ASSUMES NO RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

 

Liability Limitation

TO THE EXTENT PERMITTED BY APPLICABLE LAW, DIZZY RETAIL, DIZZYRETAIL.COM, AND/OR ANY OF ITS AFFILIATED ENTITIES OR SUPPLIERS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, WHETHER IN A LEGAL ACTION, UNDER CONTRACT, NEGLIGENCE OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS AND MATERIALS AVAILABLE FROM THE SITE.

EACH OF THESE LIMITED WARRANTIES EXPRESSLY REPLACES ALL OTHER WARRANTIES MADE TO YOU, EXPRESS OR IMPLIED, AND DIZZY RETAIL HEREBY EXPRESSLY DISCLAIMS ALL SUCH WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. DIZZY RETAIL WILL UNDER NO CIRCUMSTANCES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL LOSS OR DAMAGE RESULTING FROM THE USE OF A PRODUCT PURCHASED ON THE SITE.

 

Termination/Access Restriction

Dizzy Retail reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Florida and you hereby consent to the exclusive jurisdiction and venue of courts in Florida in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Dizzy Retail as a result of this agreement or use of the Site. Dizzy Retail's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Dizzy Retail's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Dizzy Retail with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Dizzy Retail with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Dizzy Retail with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent an d subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

 

Changes to Terms

Dizzy Retail reserves the right, in its sole discretion, to change the Terms under which the Site is offered. The most current version of the Terms will supersede all previous versions. Dizzy Retail encourages you to periodically review the Terms to stay informed of our updates.

 

Contact Us

Dizzy Retail welcomes your questions or comments regarding the Terms:

Dizzy Retail Inc.
1688 Meridian Avenue - Suite 509
Miami Beach, Florida 33139

Email Address: dizzy@dizzyretail.com