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Terms & Conditions

“We” are Ajvani Shoes Limited trading as UPPERSOLE. Company registration number 4437281, VAT number UK 546488602

Access to and use of this website and the products and services available through this website are subject to the following terms, conditions and notices (the “Terms of Service”). By using this website, you are agreeing to all of the Terms of Service, as may be updated by us. You should check regularly to make sure you understand and agree with these terms. If you do not agree to these terms, do not use this website.

We reserve the right to amend these Terms from time to time with no notice to you. These terms were most recently updated on 18/05/2017.

TERMS OF SALE

By placing an order with us you are offering to purchase a product subject to these terms and conditions. All orders are subject to availability and confirmation of the order price.

In order to contract with us, you must be over 18 years of age, be legally capable of entering into binding contracts, and possess a valid credit or debit card issued by a bank deemed acceptable to us. We reserve 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/debit card used to place your order, and that there are sufficient funds to cover the cost of the goods. The cost of foreign services and products may fluctuate. All prices advertised are subject to such changes.

Despatch times may vary according to availability, and any representations or guarantees made regarding delivery times are subject to any delays resulting from postal delays or force majeure, for which we are not responsible.

Please note that in addition to the Items and delivery charges we apply to your order, you may also be required by your country of residence to pay import duties and taxes. Please contact your local customs office for further information so that you are sure about the applicable duties and taxes before you place your order. We are not responsible for payment of such duties and taxes and in the event that you refuse to pay such duties and taxes and the order is returned to us, we will require you to pay any costs that we have incurred as a consequence.

You must provide us with complete and accurate delivery address information. For the avoidance of doubt, this includes not only the address that your order is going to but also the name of the recipient. We cannot be liable for delivery of your order to the wrong address or the wrong person as a result of you supplying us with incomplete or inaccurate information.

We will make every effort to deliver your order within estimated timescales. However, delays are occasionally inevitable due to unforeseen factors or events outside our control for example, material shortages, travel or transportation disruption, import delays, software or technical failures or higher than anticipated demand. Please note delivery of your order may take longer during sale or other busy periods.

We reserve the right to send an item by an alternate delivery service to the one selected in the case the order exceeds weight limits set by the carrier.

We are unable to deliver on public and bank holidays, Christmas Day, Boxing Day or New Year’s Day. On these dates, delivery will take longer than usual. Please allow an extra working day (i.e. Monday-Friday, excluding Saturdays, Sundays and public holidays) for each of these days when calculating the estimated delivery date and when choosing your delivery option. 

OUR CONTRACT

We will not process your order until payment has been received in full. Please take the time to check the details of your order at each stage of the order process and before the end confirmation at checkout, as you will not be able to make any changes to your order after this point.

When an order is placed, you will receive an e-mail confirming receipt of your order. This e-mail is an acknowledgement and does not constitute acceptance of the order. A contract between us for the purchase of the goods will not be formed until the payment has been approved by us and your card has been debited.

Items are subject to availability. As there is a delay between the time the order is placed and the time the order is processed, the stock levels for items may change. If an item becomes out of stock, we will notify you as soon as possible and you will be refunded where payment has been taken.

We reserve the right to refuse an order, including but not limited to:  if the item ordered is unavailable, if we are unable to obtain payment authorisation, if there is an error in the product information, or if we suspect fraudulent activity.

OUR ITEMS

The images of the products on the website are for illustrative purposes only. Although we have made every effort to display the colours accurately, there are thousands of different monitors and monitor settings and we therefore cannot guarantee that your screen will accurately reflect the colour of the item. Your item may vary slightly from the images provided due to this.

All measurements of items are approximate and vary by size.

Prices shown are inclusive of UK VAT but excludes delivery charges. Any customs tax or duties are your responsibility.

Whilst we try and ensure all prices, details, descriptions and photos which appear on our website are accurate, errors may occur.  We reserve the right to refuse orders where information has been mis-published, including but not limited to, prices and promotions.

The utmost care is taken to ensure the content on our website is correct and current but it may at times contain errors or inaccuracies, or may not be complete or current.

We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice. We reserve the right to not fulfil orders that may have been placed based on information that may contain errors or inaccuracies.

CANCELLING YOUR CONTRACT

If you are a European Union customer and you have purchased items on our website, you have the right to cancel your contract with us and return your item by post within 14 calendar days from the day after the date the order was delivered.

To cancel your order, you must inform us of your wish to cancel in writing to our customer service team at support@uppersole.com or by post to Returns Department, UPPERSOLE, Unit 38A Brownlow Business Centre, Darley Street, Bolton, BL1 3DX, United Kingdom. This must include details of your order, including order number, name and address.

Under the Distance Selling Regulations it is your statutory duty as the customer to take reasonable care of the item while it is in your possession. This means the item can be tried on a clean, carpeted floor. The item must be kept away from pets or anything that may cause a strong odour. The item cannot be worn outside and no scuffing should appear on the soles.

The item should be returned in its original packaging wherever possible and within 14 days of receipt.

For customers within the United Kingdom, we offer a pre-paid postage label to return the original item to us at no cost to you. We are not responsible for loss or damage to items that occur before they are returned to us, including where they are damaged or lost in transit. If the label provided is not used to return your item, you are responsible for the postage charge as a free option was provided. 

If the contract is cancelled, you will be refunded the price you paid for the items within your order and a proportion of the delivery charges you paid, up to the cheapest and most common method of delivery available to you at the time.

We are permitted by law to reduce your refund to reflect any reduction in the value of the items if this has been caused by your handling, including any damage or loss occurring during transit.

Refunds will be made to the original method of payment used, within 14 calendar days of our receipt of the returned goods.

For full details on returns, please refer to our Returns Policy.

INTELLECTUAL PROPERTY

All text, graphics, button icons, images, audio clips, and software (collectively, "Content"), belongs exclusively to AJVANI SHOES LIMITED, or its affiliates. The collection, arrangement, and assembly of all Content on this Site (the "Compilation") belongs exclusively to AJVANI SHOES LIMITED or its affiliates. All software used on this Site (the "Software") is the property AJVANI SHOES LIMITED, its affiliates or its Software suppliers. The Content, the Compilation and the Software are all protected by U.K. and international copyright laws. UPPERSOLE.COM, AJVANI SHOES LIMITED and other logos, slogans, trade names or words are registered trademarks, trademarks or service marks of AJVANI SHOES LIMITED, its affiliates, suppliers, or third parties. The use of any of our trademarks or service marks without our express written consent is strictly prohibited. You may not use our images or site content without prior explicit consent. You may not use our trademarks or service marks in connection with any product or service in any way that is likely to cause confusion. You may not use our trademarks or service marks in any manner that disparages or discredits us. You may not use any of our trademarks or service marks in meta tags without prior explicit consent.

OUR 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 UPPERSOLE 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 UPPERSOLE'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.

Each of the clauses of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining clauses will remain in full force and effect.

If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

Please see our Delivery section for more delivery information.

You agree not to use any items purchased for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity. We only supply the items for domestic and private use. If you are not a consumer you must obtain our prior written consent to purchase items from the sites and stores. Nothing in these terms excludes our liability for death or personal injury caused by negligence, for fraud or any other liability that cannot excluded or limited by law.

 VIRUSES, HACKING AND OTHER OFFENCES

You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs, keystroke loggers, spyware, adware or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.
By breaching this provision, you may commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.

You may link to our home page, 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.
Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with applicable local, national or international law, regulation and good industry practice.

If any of these Terms of Use is held to be invalid, the remaining terms and conditions shall continue to be valid to the fullest extent permitted by law.

Our website, any content contained herein and these Terms of Use are governed by and construed in accordance with English Law. Any dispute between us regarding this website or arising out of or in connection with these Terms of Use will be subject to the exclusive jurisdiction of the courts of England and Wales.

REVIEWS

Except as otherwise provided elsewhere in these terms or on the Site, anything that you submit or post to the Site and/or provide us, including without limitation, ideas, know-how, techniques, questions, reviews, comments, and suggestions (collectively, "Submissions") is and will be treated as non-confidential and non-proprietary, and we 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 our sole and exclusive property and shall not be returned to you.

In addition to the rights applicable to any Submission, when you post comments or reviews to the Site, you also grant us the right to use the name that you submit with any review, comment, or other Content, if any, in connection with such review, comment, or other content. You represent and warrant that you own or otherwise control all of the rights to the reviews, comments and other Content that you post on this Site and that use of your reviews, comments, or other Content by us 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 yourself or otherwise mislead us or third parties as to the origin of any Submissions or Content. We may, but shall not be obligated to, remove or edit any Submissions (including comments or reviews) for any reason.

COMPETITIONS

All competitions online and via our social media platforms apply with the following terms and conditions.

  • You must be following the instructions of the competition.
  • Only 1 entry will be counted per person.
  • Employees of AJVANI SHOES LIMITED or their family members will not be permitted to enter the competition.
  • The prize cannot be transferrable into cash.
  • Prizes are subject to availability and we reserve the right to withdraw or substitute any prize with the same value without give any notice.
  • You must be aged over 16 and if you are under the age of 18 you must have parental consent to enter the competition.
  • Failure to contact us within 7 days of winning the competition means we may withdraw your prize and pick another winner.
VOUCHER CODES

All discount codes are subject to one use per customers. Discount codes cannot be transferred to cash. Discount codes cannot be used in conjunction with other promotional codes. Discount codes exclude all sale items unless otherwise stated. Discounts cannot be given after paying the order and when no code was entered at the time of ordering. If a code is not working, please contact our customer service team before paying for your order.