From time to time, Nagaba America may (a) supplement or make changes to these Terms, or (b) modify or withdraw any particular service or product referred to in the Site. Nagaba America does not, however, make any commitment to update the Site. Nagaba America reserves the right to terminate access to the Site or take other actions it reasonably believes are necessary to comply with the law or to protect its rights or customers.
WHO MAY USE THE SERVICES
Eligibility. You may use the Services only if you are 18 years or older, are capable of forming a binding contract with us and are not barred from using the Services under applicable law. By using the Services, you represent and warrant that you are 18 years or older.
HOW THE SERVICES WORK
We make available an online platform that allows you to purchase products, mainly shoes ("Products"). Through the Services you will be able to browse our Products and place orders.
Order Confirmation. We will provide an email or other form of confirmation after receipt of your purchase order. Your receipt of an order confirmation merely confirms our receipt of your order and neither indicates our acceptance of your order nor confirms our offer to sell. We reserve the right to refuse or limit any order you place with us. We may also, in our sole discretion, limit or cancel quantities purchased per person, household or order. These restrictions may include orders placed by or under the same account, Method of Payment (as defined below), email address, and/or using 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 email address provided at the time the order was made. If we cancel all or any part of your order after your Method of Payment has been charged, we will refund the billed amount.
Shipment Confirmation and Delivery. All orders are subject to acceptance by us, and we will confirm such acceptance by sending you an email confirming the Products have been shipped. You may choose the method of shipment and timing of delivery for Products you order if more than one method is available, and you will be charged shipping and handling charges accordingly based on your choice. We are not responsible for deliveries that are delayed due to events that are beyond our control. However, we will work with you to ensure a smooth delivery.
Prices. The prices displayed for Products available for purchase via the Services represent the applicable retail prices, and do not include taxes, shipping or handling charges (to the extent applicable). Any applicable taxes, shipping or handling charges will be communicated to you before you place an order. The prices displayed on the Services are quoted in U.S. dollars. Products in your shopping cart reflect the current price displayed on the Product’s details page. Please note that this price may differ from the price displayed when the Product was first placed in your shopping cart.
Payment. By submitting an order through the Services, you agree to pay in advance the price of the Product(s) ordered, plus any applicable taxes, shipping and handling and/or other charges. Payment may be made by credit card or any other method of payment we may make available to you (each, a "Method of Payment"). In order to make a payment, you must provide us with valid credit card and/or other billing information and authorize us (or any third-party payment service provider engaged by us) to charge your Method of Payment for all orders placed and accepted via the Services.
Cancellation, Return and Exchange Policies. Cancellation, return and exchange policies are available to you via the Services. If a Product is not what you expected it to be, please review such policies to learn how and when you may return or exchange a Product purchased via the Services. You agree that any applicable shipping and/or handling charges may be non-refundable.
Orders placed with ground shipping usually arrive within 4-6 business days from the day the order was processed. Custom orders can take up to 4 weeks to be produced and shipped, regardless of the shipping method chosen at checkout. We offer free ground UPS shipping on all orders within the U.S. For orders placed from outside the U.S. or expedited shipping which you chose at the checkout, shipping costs will apply and will be calculated at checkout.
You’ll receive an order confirmation email after your order is placed. Once your order has been fulfilled and has left our warehouse, you’ll receive a shipment notification. To check the delivery status of your order, click on the link in your shipment notification email.
UPS offers services to help you stay informed of your package’s delivery. Please refer here for more on UPS delivery times and exceptions.
You may return or exchange unworn, unwashed and unaltered items purchased from Nagaba America within 30 days of the date of receipt for a full refund to the original form of payment. Please note that refunds may take more than 10 business days from the date we receive the shoes back to be reflected on your account.
Customized or engraved items are eligible for exchange only if they are unworn, unwashed, and unaltered. If the items show signs of wear, they are not eligible for exchange.
All outlet sales are final, and the outlet sale items are not eligible for return or exchange. Outlet sale items are marked on the specific product page or at checkout, and/or on your order confirmation.
We reserve the right to ship back to the customer any return that we receive that is not in compliance with our return policy.
HOW TO RETURN OR EXCHANGE AN ITEM
Returns and exchanges can be sent back to us via UPS. You can obtain a prepaid UPS return label to return or exchange your item by accessing the UPS delivery tracking webpage and providing your original shipping tracking number or via contact with us at email@example.com. The UPS return label will be used by Nagaba America to identify your order.
Items should be returned in their original packaging to ensure they are adequately protected in transit. Place the items you’re returning or exchanging in the packaging, attach the prepaid UPS return label and drop it off at your local UPS store or UPS Access Point and we'll take care of the rest.
HOW TO CANCEL OR CHANGE AN ORDER
You may cancel or change your order by 11:59pm ET on the day that your order was placed.
To request to change or cancel, please contact us at firstname.lastname@example.org
DAMAGED OR DEFECTIVE ITEMS
An item is classified as defective if it is damaged when received or where a manufacturing fault occurs within six months of purchase. If you believe you have received a damaged or defective item, please contact us at email@example.com and be sure to include the following information:
The original order number and your current shipping address
Photographs of the defective or damaged item
We will respond as quickly as possible and do all that we can to right the situation for you.
Please note that items that are damaged as a result of wear and tear are not considered to be damaged or defective and are not eligible for return or exchange.
Nagaba America welcomes payment by Visa, MasterCard, Discover and American Express or PayPal service
YOUR USE OF THE SITE
Any access or attempt to access or use the Site for any unauthorized or illegal purpose is strictly prohibited.
Accessing the Site does not grant you a free license to any of the material on the Site. You may only use the Site for your personal, non-commercial transitory viewing and to purchase our products. You shall not copy, reproduce, republish, download, upload, post, transmit, or distribute any material from the Site.
YOU REPRESENT AND WARRANT THAT ANY POSTING MADE BY OR FOR YOU TO THE SITE DOES NOT CONTAIN ANY VIRUS OR OTHER COMPUTER SOFTWARE CODE OR ROUTINE DESIGNED TO DISABLE, ERASE, IMPAIR, OR OTHERWISE DAMAGE THE SITE OR ANY SYSTEM, SOFTWARE, OR DATA OF OR ANY OTHER USER OF ANY NAGABA AMERICA INFORMATION, SERVICES, DATABASES, MATERIALS, OR SYSTEM.
You are prohibited from violating or attempting to violate the security of the Site and from using the Site to violate the security of other sites by any method, including, without limitation: (a) accessing data not intended for you or logging into a server or account which you are not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measurers without proper authorization; (c) attempting to interfere with service to any user of the Site, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, "flooding", "spamming", "mailbombing" or "crashing"; (d) sending unsolicited e-mail, including promotions and/or advertising of products or services; or (e) forging any Nagaba America packet header or any part of the header information in any e-mail, instant message, text message or social media posting. Violations of system or network security may result in civil or criminal liability. Nagaba America may investigate violations of these Terms and may involve and cooperate with law enforcement authorities in prosecuting users of the Site who are involved in such violations.
Except as otherwise identified, the trademarks, including names, logos, slogans, and service marks, appearing at the Site, whether registered or unregistered (collectively “Marks”), are the property of Nagaba America. Such Marks, or any marks confusingly similar thereto, are not to be copied, reproduced, published, or in any way used without the written permission of Nagaba America or the identified owner of the trademark.
Except as otherwise identified, all rights, including but not limited to, all copyrights, in and to all content of the Site, including but not limited to, text, artwork, images, logos, and photographs, is owned by Nagaba America. No part of the Site may be published, stored, or transmitted in any form or means without the express written permission of Nagaba America.
By agreeing to these Terms, you agree not to display or use any Nagaba America intellectual property without prior permission from Nagaba America.
Without Nagaba America’s prior written consent, which may be given or withheld at Nagaba America’s sole discretion, you may not: (a) resell, sublicense, rent, lease, or otherwise publicly distribute any Nagaba America information, services, materials, database, or any part or parts thereof or information contained therein, or any access thereto; (b) use your access to the Site or Nagaba America’s information, services, materials, database, or system to export or re-export technical data in violation of U.S. export control laws and regulations; (c) use or access the Site or any Nagaba America information, services, materials, database, or system in violation of, or post any information to any Nagaba America owned or licensed database which violates, any federal or state law, including data privacy laws and communication regulations and tariffs, or which infringes the intellectual property rights or misuses proprietary information of a third party, or is made in furtherance of an illegal or fraudulent scheme or activity; (d) copy or transfer any Nagaba America information, service, material, database, or documentation, except as permitted by Nagaba America; or (e) modify, adapt, reverse engineer, decompile, disassemble, translate, or convert any portion of Nagaba America’s databases or system, or the selection, coordination, or arrangement of products or services in any Nagaba America database. Nagaba America does not authorize the purchase of merchandise for resale. To enforce this, we may in our sole discretion, limit or cancel quantities purchased. We reserve the right to put a stop on orders that involve distributors or resellers.
ERRORS AND INACCURACIES
We strive to provide complete, accurate, up-to-date information on the Site. Unfortunately, despite those efforts, human or technological errors may occur. The Site may contain typographical mistakes, inaccuracies, or omissions, some of which may relate to pricing and availability of products, and some information may not be complete or current. We reserve the right to correct any errors, inaccuracies or omissions, including after an order has been submitted, and to change or update information at any time without prior notice.
Although Nagaba America has made every effort to display the products and their colors and features as accurately as possible, the DISPLAYED colors and features of the products will depend upon your particular monitor or the screen of your mobile device. We therefore cannot guarantee that your monitor or mobile device screen will accurately portray the ACTUAL colors and features of the products.
The information on this Site does not constitute a binding offer to sell products described on the Site. Nagaba America reserves the right at any time after receipt of your order to accept or decline your order, or any portion thereof, in our sole discretion, even after your receipt of an order confirmation or after your credit card has been charged. Products displayed may be out-of-stock or discontinued, and prices are subject to change. Subject to the foregoing, the prices displayed are quoted in U.S. dollars and are effective only for United States purchases.
ALL INFORMATION, PRODUCTS OR CONTENT ON OR OBTAINED THROUGH THE SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTY OF ANY KIND, AND YOU HEREBY WAIVE ALL OTHER WARRANTIES OF ANY KIND, WHETHER EXPRESS, STATUTORY OR IMPLIED, RELATING THERETO, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTY AGAINST INTERFERENCE OR INFRINGEMENT. NAGABA AMERICA DOES NOT WARRANT THAT ANY INFORMATION, PRODUCT, CONTENT, OR OTHER MATERIAL FOUND ON OUR SITE IS COMPLETE, ACCURATE, RELIABLE OR WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF ANY NAGABA AMERICA PRODUCT, SERVICE, DATABASE, MATERIAL OR ANY THIRD PARTY PRODUCTS, SERVICES, PROGRAMS, SYSTEMS, OR DATA USED WITH OR THROUGH OR PROVIDED BY NAGABA AMERICA, OR ANY PART THEREOF, WILL BE UNINTERRUPTED OR ERROR FREE OR THAT ANY DEFECTS IN SUCH INFORMATION, PRODUCTS, SERVICES, SYSTEMS, DATABASES, OR MATERIALS WILL BE OR CAN BE CORRECTED. IN NO EVENT SHALL NAGABA AMERICA AND EACH OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, CONTRACTORS, LICENSORS, SUPPLIERS, AGENTS OR REPRESENTATIVES HAVE ANY LIABILITY TO YOU (INCLUDING LIABILITY TO ANY PERSON OR PERSONS WHOSE CLAIM OR CLAIMS ARE BASED ON OR DERIVED FROM A RIGHT OR RIGHTS CLAIMED BY YOU) WITH RESPECT TO ANY AND ALL CLAIMS AT ANY AND ALL TIMES ARISING FROM OR RELATED TO THE SITE, IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
YOU ASSUME THE RESPONSIBILITY TO TAKE ADEQUATE PRECAUTIONS AGAINST DAMAGES TO YOUR SYSTEMS OR OPERATIONS WHICH COULD BE CAUSED BY DEFECTS OR DEFICIENCIES IN THE SITE, ANY NAGABA AMERICA INFORMATION, PRODUCT, SERVICE, OR PART THEREOF. YOU ALSO ACKNOWLEDGE THAT ELECTRONIC COMMUNICATIONS AND DATABASES ARE SUBJECT TO ERRORS, TAMPERING, AND BREAK-INS AND THAT WHILE NAGABA AMERICA WILL IMPLEMENT REASONABLE SECURITY PRECAUTIONS TO ATTEMPT TO PREVENT SUCH OCCURRENCES, NAGABA AMERICA DOES NOT GUARANTEE THAT SUCH EVENTS WILL NOT TAKE PLACE. YOUR INSTALLATION AND INPUTS, AS WELL AS THIRD PARTY SYSTEMS AND PROCEDURES, MAY INFLUENCE THE OUTPUT AND ERRORS IN ANY ORDER OR ELECTRONIC TRANSMISSION OR COMMUNICATION, AND CAN RESULT IN SUBSTANTIAL ERRORS IN OUTPUT, INCLUDING INCORRECT INFORMATION, ORDERS, AND AGREEMENTS. IN ADDITION, ERRORS MAY BE INTRODUCED INTO INFORMATION OR ORDERS IN THE COURSE OF THEIR TRANSMISSION OVER ELECTRONIC NETWORKS. YOU SHALL IMPLEMENT AND TAKE RESPONSIBILITY FOR APPROPRIATE REVIEW AND CONFIRMATION PROCEDURES TO VERIFY AND CONFIRM ORDERS OR OTHER TRANSACTIONS IN WHICH YOU PARTICIPATE USING THE SITE, INFORMATION, SERVICES, DATABASES, SYSTEMS, OR OTHER MATERIAL.
NEITHER NAGABA AMERICA NOR ITS OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, CONTRACTORS, LICENSORS, SUPPLIERS, AGENTS OR REPRESENTATIVES SHALL IN ANY EVENT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY LOST PROFITS, REVENUES, BUSINESS OPPORTUNITIES, OR BUSINESS ADVANTAGES WHATSOEVER, NOR FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INDIRECT, OR INCIDENTAL LOSSES, DAMAGES, OR EXPENSES DIRECTLY OR INDIRECTLY RELATING TO THE USE OR MISUSE OF THE SITE, OR WITH RESPECT TO ANY OTHER HYPERLINKED SITE, OR ANY NAGABA AMERICA INFORMATION, CONTENT OR OTHER MATERIAL OR SOFTWARE USED THEREWITH, OR THE FAILURE, NON-COMPLIANCE, OR LIMITED AVAILABILITY OF ANY INFORMATION, PRODUCT, CONTENT, OR SERVICE PROVIDED BY NAGABA AMERICA THROUGH THE SITE, ANY INFORMATION PROVIDED IN THE NAGABA AMERICA SYSTEM, OR ANY OBLIGATION UNDER OR SUBJECT MATTER OF THE SITE, WHETHER SUCH CLAIM IS BASED UPON BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, GROSS NEGLIGENCE, STRICT LIABILITY IN TORT, OR ANY OTHER THEORY OF RELIEF, OR WHETHER OR NOT NAGABA AMERICA IS INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.
LINKS TO THIRD PARTY WEBSITES
The Site may contain links or references to other websites outside of our control. Nagaba America has not reviewed all of the websites linked to the Site and is not responsible for the contents of any such linked website. The inclusion of any link does not signify endorsement by Nagaba America of the website. Use of any such linked website is at the user's own risk.
CHOICE OF LAW
Any disputes arising out of or regarding these Terms will be governed by the laws of the Commonwealth of Pennsylvania applicable to agreements made and performed in Pennsylvania.
NOTICE FOR CALIFORNIA USERS
Under California Civil Code Section 1789.3, residents of California who use this Site are entitled to know that they may file grievances and complaints with: the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs, in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by email at firstname.lastname@example.org.
Nagaba America may terminate or suspend your account, delete your profile, and restrict your use of all or any part of the platform at any time and for any reason, without any liability to you or any third parties, subject to applicable law.
You agree that if Nagaba America does not exercise or enforce any legal right or remedy which is contained in these Terms (or which Nagaba America has the benefit of under any applicable law), this will not be taken to be a formal waiver of Nagaba America rights and that those rights or remedies will still be available to Nagaba America. If any court of law, having the jurisdiction to decide a matter arising out of these Terms, rules that any provision of these Terms is invalid, then that provision will be removed from these Terms without affecting the rest of the Terms and the remaining provisions will continue to be valid and enforceable.
To contact us with any questions in connection with these Terms, please refer to the Contact Us page on www.nagabavegan.com
Last Updated November 6th, 2020.