Terms & Conditions

Terms & Conditions

Date of latest posting: 23rd August 2015

Publisher: Buzza Ltd,
Email john@buzzaoutlet.com

Swap Top Shoes (also referred to as ‘swaptopshoes.com’ on this Website and in our literature) is a trading name of Buzza Ltd. Buzza Ltd is registered in England under no. 7689522. The registered office is Beighton Business Centre, 52A High Street, Beighton, Sheffield, S20 1ED

 

1 General

Access to and use of this Website and the products and services available through this Website (collectively, the "Services") are subject to the following terms, conditions and notices (the "Terms of Service"). By using the Services, you are agreeing to all of the Terms of Service, as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms of Service.

Access to this Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of this Website.

This Website may also contain links to other websites, which are not operated by Buzza Ltd (the "Linked Sites"). Buzza Ltd has no control over the Linked Sites and accepts no responsibility for them or for any loss or damage that may arise from your use of them. Your use of the Linked Sites will be subject to the terms of use and service contained within each such site.

Unless otherwise specified, the information and materials in the site are presented solely for the purpose of promoting the products and services of Buzza Ltd. Buzza Ltd makes no representation that Buzza Ltd's Material is appropriate or available for use in every country of the world. You use this Website at your own risk and are responsible for compliance with applicable local laws, keeping in mind that access to Buzza Ltd's Material may not be legal by certain persons or in certain countries.

Any cause of action you may have with respect to this Website must be commenced within two years after the claim or cause of action arises.

These Terms of Service will be governed by and construed in accordance with the laws of Great Britain without regard to its conflicts of law provisions.

The waiver by Buzza Ltd of a breach of any provision of these Terms of Service will not operate to be interpreted as a waiver of any other or subsequent breach.

2 Privacy policy

Our privacy policy, which sets out how we will use your information, can be found on the Privacy policy & security page. By using this Website, you consent to the processing described therein and warrant that all data provided by you is accurate.

3 Prohibitions

You must not misuse this Website. You will not: commit or encourage a criminal offence; transmit or distribute a virus, trojan, worm, logic bomb or post any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person's proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as "spam"; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website. Breaching this provision would constitute a criminal offence under the Computer Misuse Act 1990. Buzza Ltd will report any such breach to the relevant law enforcement authorities and disclose your identity to them.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it.

4 Intellectual property, software and content

The intellectual property rights in all software and content made available to you on or through this Website remains the property of Buzza Ltd or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by Buzza Ltd and its licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise.

You shall not modify, translate, reverse engineer, decompile, disassemble or create derivative works based on any software or accompanying documentation supplied by Buzza Ltd or its licensors. ‘Swap Top Shoes’ and ‘swaptopshoes.com’ Buzza Outlet and buzzaoutlet.com belong to Buzza Ltd. No licence or consent is granted to you to use these marks in any way, and you agree not to use these marks or any marks which are colourably similar without the written permission of Buzza Ltd.

5 Accessibility

Buzza Ltd make all reasonable efforts to comply with the UK Disability Discrimination Act 2005 and firmly believe it makes for good all round usability. We strive for level A compliance with the World Wide Web Consortium (W3C) Web Content Accessibility Guidelines 1.0. Please contact us if you have any problems using this Website.

6 Terms of sale

By placing an order you are offering to purchase a product on and subject to the following terms and conditions, which, if accepted by us, will result in a binding contract. All orders are subject to availability and confirmation of the order price. Items and any delivery charges must be paid for in full before they are dispatched.

Dispatch times may vary according to availability, the need to perform additional fraud checks and any guarantees or representations made as to delivery times are limited to mainland UK and subject to any delays resulting from postal delays or force majeure for which we will not be responsible. Please see our ‘Delivery info’ page for further information.

In order to contract with Buzza Ltd you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us. We accept Visa, MasterCard, Delta and Maestro credit and debit cards. Buzza Ltd retains the right to refuse any request made by you. When placing an order you undertake that all details you provide to us are true and accurate, that you are an authorised user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods. The cost of foreign products and services may fluctuate. All prices advertised are subject to such changes.

(a) Our contract

When you place an order, you will receive an acknowledgement email confirming receipt of your order: this email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us will not be formed until we send you confirmation by email that the goods which you ordered have been dispatched to you. Only those goods listed in the confirmation email sent at the time of dispatch will be included in the contract formed.

(b) Pricing and availability

Whilst we try and ensure that all details, descriptions and prices which appear on this Website are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund.

All prices are inclusive of VAT at the current rate when applicable are. Delivery costs will be charged in addition; such additional charges are clearly displayed where applicable and included in the 'Total' on the ‘Shopping Bag’ page.

Any prices displayed in currencies other than UK sterling are based on the daily exchange rate as published by www.webservicex.net at 1am UK time on the day of purchase. All purchases are ultimately charged in UK sterling and will be subject to the rate of exchange and any commissions charged by your payment service.

Purchases shipped to non-European destinations may be liable for local import taxes. Customers are responsible for payment of any additional import duties and should consult with their local authority for further detail.

If our Website indicates that something is in stock, it should be available. However, if for some reason it transpires that this item is not in stock, we will let you know immediately by email and keep you informed of when the item will be back in stock. Alternatively, we may suggest a suitable replacement, often emailing you a photo of it, and if this is not to your satisfaction you will be refunded in full.

(c) Payment

Upon receiving your order we may carry out a standard pre-authorisation check on your payment card to ensure there are sufficient funds to fulfil the transaction. Goods may not be dispatched until this pre-authorisation check has been completed. Your card will be debited at the time of placing the order. If for any reason the order is not accepted by us, or cannot be fulfilled within 30 days you will be contacted and offered a full refund.

(d) Discount codes

Promotional discount codes - We may from time to time offer promotional discount codes which may apply in respect of any, or certain specified, purchases made though this Website. The conditions of use relating to any discount code will be specified at the time of issue.

(e) Refunds, exchanges and cancellations

Please see the ‘No quibble returns’ page which outlines the policy regarding refunds, exchanges and cancellations.

(f) Non receipt of items

Please check the estimated delivery time and then for the UK add three days in case of delays in transit. Once this delivery time has passed you should contact your local Royal Mail depot giving your house number and postcode as cards are not always left. After you have followed these steps and the Royal Mail have confirmed they do not have your order, you must contact us within 14 days in writing stating order number and date of order. Overseas orders can take up to 42 days to arrive.

If the Royal Mail tracking information confirms delivery to the building, but you have not received the item due to the signature not being known, or because the package has been mislaid within the building after receipt, then unfortunately the responsibility for locating the parcel remains with you and we will not issue a replacement or refund unless the Royal Mail accept responsibility for the loss. We will of course assist you in whatever way we can with your Royal Mail claim.

Replacements and refunds will not be given if you have given us the wrong postal address to send your order to.

(g) Failure to receive an item as a result of non-collection

If you fail to collect or arrange collection of an item when notified by the Royal Mail that they were unable to deliver to you, it will usually result in the item being returned to us as non-deliverable after approximately ten days of non-contact from you. When this happens, we will notify you immediately for your instructions. In these circumstances you will be responsible for any additional cost incurred by us to re-send the item to you.

(h) Onesole tops sizing

Onesole tops are handmade in Florida, the sizing of the different tops does vary slightly. For example, an XL black top may be smaller than a XL patterned top etc. Onesole size variance within a marked size does not constitute an incorrect or faulty order

7 Disclaimer of liability

The material displayed on this Website is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law Buzza Ltd and its suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website or the Linked Sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise. This does not affect Buzza Ltd's liability for death or personal injury arising from its negligence, nor for fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.

8 Linking to this Website

You may link to any of the pages, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. We reserve the right to withdraw linking permission without notice.

You may not link directly to any of the images held within the Swap Top Shoes website and hosted by or on behalf of Buzza Ltd without written permission from Buzza Ltd.

9 Disclaimer as to ownership of trade marks, images of people including personalities and third party copyright

Except where expressly stated to the contrary all persons (including their names and images), third party trade marks and images of third party products, services and/or locations featured on this Website are in no way associated, linked or affiliated with Buzza Ltd and you should not rely on the existence of such a connection or affiliation. Any trade marks/names featured on this Website are owned by the respective trade mark owners. Where a trade mark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to Buzza Ltd.

10 Indemnity

You agree to indemnify, defend and hold harmless Buzza Ltd, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use this Website or your breach of the Terms of Service.

11 Variation

Buzza Ltd shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the Services and/or any page of this Website.

12 Invalidity

If any part of the Terms of Service is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Service will not be affected all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause / sub-clause as is permitted by law.

13 Complaints

We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments.

14 Entire agreement

The above Terms of Service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and Buzza Ltd. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by a Director of Buzza Ltd.

These are the terms and conditions pertaining to Buzza Outlet, Swap Top Shoes sometimes misspelt as swoptopshoes, swaptopshoes.com, swop top shoes or swoptopshoes.com