Terms and Conditions & Privacy Policy

Terms and Conditions

Welcome to www.lafrancospada.com. Access and use of this webpage are governed by the Terms of Use (the “Agreement”), and as such, you should carefully read this Agreement prior to using the webpage. By accessing the webpage, you are agreeing to abide by and be bound by the terms of the Agreement and by all applicable laws. Please do not access this webpage if you do not agree to be bound by the Agreement.

  1. CONTENTS OF THE WEBPAGE – COPYRIGHTS AND TRADEMARKS

All contents on this webpage are copyrighted under the applicable laws, both in Canada and elsewhere, and are the property of La Franco Spada Inc. (“La Franco Spada”). All trademarks, service marks, logos and trade names that are used in the webpage are registered trademarks or unregistered trademarks of La Franco Spada or of others. The copyright and trademark protection includes, but is not limited to, text, graphics, audio, and the code of the webpage. None of the contents of this webpage, subject to the following exception, may be printed, distributed, copied, reproduced, transmitted or subjected to any other similar use, in whole or in part, without the express written consent of La Franco Spada, or the express written consent of that holder of the copyright or trademark.

La Franco Spada hereby grants you a personal right to access the webpage, and electronically copy or print hard copy portions of the webpage, provided that the access or copying is used for the purpose of submitting a purchase order with La Franco Spada, or for non-commercial personal uses. Nothing in this Agreement shall be interpreted as granting you a license for any other purposes.

  1. PRODUCTS

All prices on this webpage are displayed in US dollars, and are subject to change without notice. Some of the products listed on this webpage may be unavailable. All orders are subject to the approval of La Franco Spada and may be refused at any time. For more information on ordering La Franco Spada products through the webpage, please see the Terms of Sale agreement.

  1. LINKS TO THIRD PARTY WEBPAGES

This webpage may be linked to other webpages operated by third parties to provide you with increased value during your visit to our webpage. La Franco Spada expressly excludes all liability with relation to these linked webpages. Linked webpages are independent of La Franco Spada, who neither operates nor oversees them. By accessing linked webpages, you acknowledge that you are accessing the webpages at your own risk, and you agree that La Franco Spada shall have no liability with relation to those webpages. Notwithstanding the separate and independent nature of linked webpages, we would like your feedback if you have any problems or issues with the webpages.

  1. DISCLAIMER

TO THE FULLEST EXTENT POSSIBLE UNDER THE LAW, USE OF THIS WEBPAGE IS AT YOUR OWN RISK, AND LA FRANCO SPADA HEREBY EXPRESSLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES (EXPRESS, IMPLIED OR STATUTORY) WITH REGARDS TO THE WEBPAGE. THOUGH LA FRANCO SPADA WILL USE ALL REASONABLE EFFORTS TO MAINTAIN THE CONTENTS AND SECURITY OF THE WEBPAGE, THE WEBPAGE AND CONTENTS ARE PROVIDED “AS IS”, AND MAY CONTAIN ERRORS, INACCURACIES, VIRUSES OR BUGS. SPECIFICALLY, LA FRANCO SPADA DOES NOT WARRANT THAT THE PRODUCT DESCRIPTION OR PRICING IS ACCURATE. THIS EXCLUSION APPLIES TO, BUT IS NOT LIMITED TO, WARRANTIES OF MERCHANTIBILITY, QUALITY AND FITNESS FOR A PARTICULAR PURPOSE. SHOULD YOU CHOOSE TO DOWNLOAD ANY CONTENT FROM THIS WEBPAGE, YOU DO SO AT YOUR OWN RISK. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, SO THIS EXCLUSION MAY NOT APPLY TO YOU.

  1. LIMITATION OF LIABILITY

YOU HEREBY WAIVE ALL REMEDIES, WARRANTIES, GUARANTEES OR LIABILITIES, ARISING FROM LAW OR OTHERWISE. IN NO EVENT SHALL LA FRANCO SPADA, ITS OFFICERS OR EMPLOYEES BE LIABLE TO YOU FOR ANY DAMAGES (DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, PUNITIVE OR OTHERWISE) RESULTING FROM THE USE OR INABILITY TO USE THIS WEBPAGE. THIS LIMITATION SHALL APPLY EVEN IF LA FRANCO SPADA, ITS OFFICERS OR EMPLOYEES WERE INFORMED OF THE POSSIBLE OCCURRENCE OF THE ABOVEMENTIONED DAMAGES. THIS LIMITATION IS AN ESSENTIAL ELEMENT OF THE AGREEMENT BETWEEN LA FRANCO SPADA AND YOU. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, SO THIS EXCLUSION MAY NOT APPLY TO YOU.

YOU HEREBY ADHERE AND AGREE TO THE TERMS THAT ALL PRODUCTS SOLD BY LA FRANCO SPADA ARE TO NEVER BE USED FOR ANYTHING OTHER THAN THEIR INTENDED USE AS A STILETTO SHOE FOR WALKING AND SHOWCASE. UNDER NO CIRCUMSTANCES ARE LA FRANCO SPADA PRODUCTS TO BE USED FOR OTHER ACTIONS, ESPECIALLY THOSE THAT MAY PUT YOURSELF AND OTHERS AT RISK OF BEING HARMED. 

IN NO EVENT SHALL LA FRANCO SPADA INC. BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL CONSEQUENTIAL DAMAGES, TO PROPERTY OR LIFE, WHATSOEVER ARISING OUT OF OR CONNECTED WITH THE USE OR MISUSE OF OUR PRODUCTS.

  1. TERMS OF SALE

Any purchases you make on this webpage are subject not only to the terms of this Agreement, but also to the Terms of Sale agreement, which can be accessed at http://www.lafrancospada.com.

  1. PRIVACY POLICY

This webpage is governed by the La Franco Spada Privacy Policy, which can be accessed at http://www.lafrancospada.com. By accessing our webpage, you agree that you have read and consent to be bound not only to this Agreement, but also to the Privacy Policy.

  1. USE OF THE WEBPAGE

You acknowledge and warrant that any information you may submit to us does not infringe on your rights, or a third party’s rights, specifically but not limited to copyrights, trademark rights or any other confidential or proprietary right. You acknowledge that the information you send us shall not be libellous or defamatory, nor shall it be obscene.

You are responsible for maintaining the security of your customer account on this webpage. As such, we ask that you protect your customer account password. Should any charges or damages occur due to your not taking reasonable care of your customer account or password, you agree that you will be held responsible.

You agree that La Franco Spada can make any use of the information you submit, so long as such use is in accordance with the Privacy Policy.

You further agree that you will not knowingly submit any information that will cause damage either to the webpage or to any other user. Such information includes but is not limited to viruses or bugs.

  1. TERMINATION

Your rights with regard to accessing this webpage may be terminated or restricted at any time at the sole discretion of La Franco Spada. La Franco Spada is not required to give you advance notice or explanation for the termination. This termination shall be in addition to any other rights that La Franco Spada may choose to enforce.

  1. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless La Franco Spada, its officers and employees against any action arising from your misuse of this webpage (including the violation of the Terms of Use, Terms of Sale or the Privacy Policy), any use or misuse related to your customer account, and any damaging information you submit to the webpage. Such indemnification shall cover all costs, including attorney’s fees.

  1. GENERAL

The Terms of Use, the Privacy Policy and the Terms of Sale shall constitute the entire agreement between the parties and there are no other written or verbal agreements or representations relating to the subject matters described herein.

This Agreement can be amended at La Franco Spada sole discretion, without giving you notice. Your continued use of the webpage shall constitute your consent to these modifications. As such, we recommend that you check the webpage for updates from time to time. The webpage was last modified on Jan 23, 2021.

Should any provision of this Terms of Use be deemed invalid or unenforceable, those provisions shall be severed from the Agreement, but shall not affect the validity of the other provisions.

The headings used throughout this Agreement have been inserted for convenience only and shall not in any way affect the meaning of this Agreement or any provision thereof.

TERMS OF SALE

Welcome to http://www.lafrancospada.com. Please review this Terms of Sale agreement (the “Agreement”), which shall apply to all products sold to you through this webpage by La Franco Spada Shoe Shops Inc. (“La Franco Spada”). This Agreement sets out your rights and limitations. By making a purchase on this webpage, you are agreeing to be bound by this Agreement. As the terms of this Agreement may be changed at La Franco Spada sole discretion, without sending notice to you, we advise that from time to time you check this webpage to review the changes. Your continued use of this webpage shall constitute your consent to any changes. This webpage was last modified on Jan 23, 2021.

Please note that you should also review the Terms of Use and the Privacy Policy, both of which you also consent to through the use of this webpage.

  1. ORDERS AND PAYMENT

All products available on this webpage are sold in USD. When you make a purchase on this webpage, your order shall be considered as an offer to La Franco Spada. You will then receive a confirmation of your purchase. THIS CONFIRMATION DOES NOT REPRESENT AN ACCEPTANCE OF YOUR OFFER BY LA FRANCO SPADA. You agree that your offer will only be accepted upon the receipt of an acceptance email sent to you by La Franco Spada.

The credit card service provider must approve all purchases made through the use of a credit card.

La Franco Spada reserves the right to refuse or cancel your order at any time. La Franco Spada will take all reasonable measures to ensure that the description of the product and the price are accurate, but if the products are incorrectly described or priced, La Franco Spada reserves the right to refuse or cancel your order. Following the refusal or cancellation of your order, La Franco Spada shall send you an email notification. Should your order be refused or cancelled following payment, La Franco Spada will reimburse you for the full amount paid.

  1. PRODUCT AVAILABILITY

Product availability is subject to supply limitations, and products may be unavailable for delivery. La Franco Spada reserves the right, at any time, without liability and without prior notice, to revise or cease to make available any or all of the products. Should the product become unavailable following your receipt of an acceptance email, La Franco Spada will notify you by email. At such time, you will have the right to a full refund, or to place another order.

  1. PRICE

All prices are listed in USD dollars. As per the Orders and Payments section of this Agreement, La Franco Spada will take all reasonable measures to ensure that the prices of the products are accurate. However, if the prices are incorrectly listed, La Franco Spada reserves the right to refuse or cancel your order.

  1. SHIPPING

When an order is placed, it will be shipping to an address designated by the purchaser as long as that shipping address is compliant with the shipping restrictions contained on this Web Site. Risk of loss and title for items purchased from this Web Site pass to you upon delivery of the items to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments.

The estimated time of the arrival of your product should be considered as an estimate only, and La Franco Spada will not be responsible for any damages due to delays in shipping. Further, La Franco Spada reserves the right to refuse or cancel your order if there are no reasonable shipping options.

Charges for shipping will be listed when you purchase the product or service from our webpage. You are responsible for all federal and provincial shipping related taxes.

La Franco Spada uses a third party shipping service provider to ship its products. As such, La Franco Spada will not be liable for any loss, damages (direct or indirect) or expense due to shipping. Title and risk of loss shall pass to you at the moment the product that you have purchased is transferred to the third party shipping service provider.

In the event of a package being returned to sender, La Franco Spada reserves the right to charge for all shipment fees and up to a 20% restocking fee.

  1. RETURN POLICY

If you are not satisfied with your product for any reason, you may return the product subject to La Franco Spada’ return policies.

  1. DISCLAIMER

EXCEPT AS PROVIDED FOR IN THIS AGREEMENT, TO THE FULLEST EXTENT POSSIBLE UNDER THE LAW, LA FRANCO SPADA HEREBY EXPRESSLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES (EXPRESS, IMPLIED OR STATUTORY) WITH REGARDS TO THE WEBPAGE AND YOUR PURCHASE, INCLUDING BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTIBILITY OR FITNESS FOR A PARTICULAR PURPOSE. FURTHER, LA FRANCO SPADA DOES NOT WARRANT THAT THE TRANSACTION WILL BE FREE OF DEFECT. SHOULD YOU CHOOSE TO DOWNLOAD ANY CONTENT FROM THIS WEBPAGE, YOU DO SO AT YOUR OWN RISK. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, SO THIS EXCLUSION MAY NOT APPLY TO YOU.

  1. LIMITATION OF LIABILITY

YOU HEREBY WAIVE ALL REMEDIES, WARRANTIES, GUARANTEES OR LIABILITES, ARISING FROM LAW OR OTHERWISE. IN NO EVENT SHALL LA FRANCO SPADA, ITS OFFICERS OR EMPLOYEES BE LIABLE TO YOU FOR ANY DAMAGES, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, PUNITIVE OR OTHERWISE. LA FRANCO SPADA, ITS OFFICERS AND EMPLOYEES SHALL NOT BE LIABLE FOR LOST PROFITS, BUSINESS INTERUPTION, ANY COMPUTER RELATED DAMAGE OR LOSS OF DATA. WHILE LA FRANCO SPADA WILL TAKE ALL REASONABLE STEPS TO ENSURE THAT NO VIRUSES OR BUGS ARE TRANSMITTED THROUGH ITS WEBPAGE, LA FRANCO SPADA EXCLUDES ALL LIABILITY WITH RESPECT TO THE TRANSMISSION OF VIRUSES OR BUGS. THIS ENTIRE LIMITATION SHALL APPLY EVEN IF LA FRANCO SPADA, ITS OFFICERS OR EMPLOYEES WERE INFORMED OF THE POSSIBLE OCCURRENCE OF THE ABOVEMENTIONED DAMAGES. LA FRANCO SPADA MAXIMUM LIABILITY SHALL IN NO EVENT EXCEED THE AMOUNT PAID BY THE PURCHASER FOR THE PRODUCT. THIS LIMITATION IS AN ESSENTIAL ELEMENT OF THE AGREEMENT BETWEEN LA FRANCO SPADA AND YOU. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, SO THIS EXCLUSION MAY NOT APPLY TO YOU.

  1. EXPORT CONTROL

You agree to comply will all export laws of each respective country of purchase origin that apply to the products purchased or received under this Agreement.

  1. RESALE/ASSIGNMENT

You agree not to resell any products purchased under this Agreement.

You agree not assign or transfer your rights under this Agreement, without the express written consent of La Franco Spada.

  1. GENERAL

The Terms of Use, the Privacy Policy and the Terms of Sale shall constitute the entire agreement between the parties and there are no other written or verbal agreements or representations relating to the subject matters described herein.

The headings used throughout this Agreement have been inserted for convenience only and shall not in any way affect the meaning of this Agreement or any provision thereof.

Should any provision of this Terms of Use be deemed invalid or unenforceable, those provisions shall be severed from the Agreement, but shall not effect the validity of the other provisions.

Privacy Policy

La Franco Spada Inc. operates the http://www.lafrancospada.com website, which provides the SERVICE.

This page is used to inform website visitors regarding our policies with the collection, use, and disclosure of Personal Information if anyone decided to use our Service, the La Franco Spada website.

If you choose to use our Service, then you agree to the collection and use of information in relation with this policy. The Personal Information that we collect are used for providing and improving the Service. We will not use or share your information with anyone except as described in this Privacy Policy.

The terms used in this Privacy Policy have the same meanings as in our Terms and Conditions, which is accessible at http://www.lafrancospada.com, unless otherwise defined in this Privacy Policy.

INFORMATION AND COLLECTION USE

For a better experience while using our Service, we may require you to provide us with certain personally identifiable information, including but not limited to your name, phone number, and postal address. The information that we collect will be used to contact or identify you.

LOG DATA

We want to inform you that whenever you visit our Service, we collect information that your browser sends to us that is called Log Data. This Log Data may include information such as your computer’s Internet Protocol (“IP”) address, browser version, pages of our Service that you visit, the time and date of your visit, the time spent on those pages, and other statistics.

COOKIES

Cookies are files with small amount of data that is commonly used an anonymous unique identifier. These are sent to your browser from the website that you visit and are stored on your computer’s hard drive.

Our website uses these “cookies” to collection information and to improve our Service. You have the option to either accept or refuse these cookies, and know when a cookie is being sent to your computer. If you choose to refuse our cookies, you may not be able to use some portions of our Service.

For more general information on cookies, please read “What Are Cookies”.

SERVICE PROVIDERS

We may employ third-party companies and individuals due to the following reasons:

  • To facilitate our Service;
  • To provide the Service on our behalf;
  • To perform Service-related services; or
  • To assist us in analyzing how our Service is used.

We want to inform our Service users that these third parties have access to your Personal Information. The reason is to perform the tasks assigned to them on our behalf. However, they are obligated not to disclose or use the information for any other purpose.

SECURITY

We value your trust in providing us your Personal Information, thus we are striving to use commercially acceptable means of protecting it. But remember that no method of transmission over the internet, or method of electronic storage is 100% secure and reliable, and we cannot guarantee its absolute security.

LINKS TO OTHER SITES

Our Service may contain links to other sites. If you click on a third-party link, you will be directed to that site. Note that these external sites are not operated by us. Therefore, we strongly advise you to review the Privacy Policy of these websites. We have no control over, and assume no responsibility for the content, privacy policies, or practices of any third-party sites or services.

CHILDREN’S PRIVACY

Our Services do not address anyone under the age of 13. We do not knowingly collect personal identifiable information from children under 13. In the case we discover that a child under 13 has provided us with personal information, we immediately delete this from our servers. If you are a parent or guardian and you are aware that your child has provided us with personal information, please contact us so that we will be able to do necessary actions.

CHANGES TO THIS PRIVACY POLICY

We may update our Privacy Policy from time to time. Thus, we advise you to review this page periodically for any changes. We will notify you of any changes by posting the new Privacy Policy on this page. These changes are effective immediately, after they are posted on this page.

CONTACT US

If you have any questions or suggestions about our Privacy Policy, do not hesitate to contact us.