Terms of service
Terms of Service
These Terms of Service set out the rules for using valmereandco.com and for buying from Valmere. We have tried to keep them clear and fair. If anything is unclear, write to us at support@valmereandco.com before you order.
00Overview
This website is operated by AFS Digital LLC, a limited liability company registered in Florida, United States, trading as Valmere. Throughout the site, the terms “Valmere”, “we”, “us” and “our” refer to AFS Digital LLC. We offer this website, including all information, tools, products and services available from it (the “Service”), to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/or purchasing something from us, you engage in our Service and agree to be bound by these terms and conditions (“Terms of Service” or “Terms”), including the additional policies referenced here or available by hyperlink, in particular our Return & Refund Policy, Shipping Policy and Privacy Policy. These Terms apply to all users of the site, including browsers, customers and contributors of content.
Please read these Terms carefully before accessing or using our website. If you do not agree to all of them, you may not access the website or use any Service. If these Terms are considered an offer, acceptance is expressly limited to these Terms.
Any new features or tools added to the store are also subject to these Terms. We may update, change or replace any part of these Terms by posting updates on this page; the “Last updated” date above will change accordingly. Your continued use of the website after any change constitutes acceptance of that change. Our store is hosted on Shopify Inc., which provides the e-commerce platform that allows us to sell our products to you.
01Online store terms
By agreeing to these Terms, you confirm that you are at least the age of majority in your country, state or province of residence, or that you have given consent for any minor dependants to use this site. You may not use our products for any illegal or unauthorised purpose, nor, in using the Service, violate any laws in your jurisdiction (including copyright laws). You must not transmit any worms, viruses or code of a destructive nature. A breach of any of these Terms will result in immediate termination of your right to use the Service.
02General conditions
We reserve the right to refuse service to anyone for any lawful reason at any time. You understand that your content (excluding payment card information) may be transferred unencrypted and involve transmissions over various networks, and changes to conform to technical requirements of connecting networks or devices. Payment card information is always encrypted during transfer. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service without our express written permission. The headings in this agreement are for convenience only and do not limit or affect these Terms.
03Accuracy, completeness and timeliness of information
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon as the sole basis for decisions without consulting primary, more accurate, more complete or more timely sources. Any reliance on the material on this site is at your own risk. This site may contain historical information, which is provided for reference only. We reserve the right to modify the contents of this site at any time, but have no obligation to update any information. You agree that it is your responsibility to monitor changes to the site.
04Modifications to the Service and prices
Prices for our products are subject to change without notice. We may modify or discontinue the Service (or any part or content of it) at any time without notice. We are not liable to you or any third party for any modification, price change, suspension or discontinuance of the Service.
05Products and services
Certain products are available exclusively online through the website and may have limited quantities. Returns and exchanges are governed by our Return & Refund Policy, which gives you 30 days from delivery to return an eligible item.
We have made every effort to display the colours and images of our products as accurately as possible, but we cannot guarantee that your screen’s display of any colour will be accurate. Our shoes are made from natural leather; slight variations in grain, shade and texture are characteristics of the material and not defects. Sizes shown are conversions between regional systems (EU, US, UK) and are provided as guidance; please consult our size guide before ordering.
We reserve the right, without obligation, to limit the sales of our products to any person, geographic region or jurisdiction, and to limit the quantities of any product that we offer. All descriptions and pricing are subject to change at any time without notice, at our sole discretion. We may discontinue any product at any time. Any offer for any product made on this site is void where prohibited. We do not warrant that the quality of any products, services, information or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
06Orders, payment and account information
When you place an order, you make an offer to buy the products in it. Our order confirmation email is an acknowledgement of your order, not an acceptance; the contract is concluded when we dispatch the products. We may refuse or cancel any order for any lawful reason, including product or pricing errors, suspected fraud, or limits per person, per household or per order. We may also limit or cancel orders that appear to be placed by dealers, resellers or distributors. If we cancel an order after payment, we will refund the full amount paid.
You agree to provide current, complete and accurate purchase and account information, including your email address, payment details and card expiry date, so that we can complete your transactions and contact you if needed. Prices are shown in the currency selected on the site; where a currency other than USD is displayed, the conversion is provided by Shopify and the amount charged may vary slightly according to your bank’s exchange rate and fees.
Taxes, duties and international orders
Prices may or may not include taxes depending on your location, as indicated at checkout. For orders shipped internationally, your order may be subject to import duties, customs fees and taxes levied by the destination country. Unless checkout expressly states that duties are included, these charges are your responsibility and are payable on delivery. Please refer to our Shipping Policy for details.
07Optional tools and third-party links
We may give you access to third-party tools which we neither monitor nor control. You acknowledge that we provide access to such tools “as is” and “as available”, without warranties of any kind, and that any use of optional tools is entirely at your own risk and subject to the terms of the relevant third-party provider.
Certain content, products and services available via our Service may include materials from third parties, and links on this site may direct you to third-party websites not affiliated with us. We are not responsible for examining or evaluating the content or accuracy of third-party materials or websites, and we are not liable for any harm or damages related to the purchase or use of goods, services, resources, content or any other transactions made in connection with third-party websites. Please review the third party’s policies carefully and direct any complaints about third-party products to that third party.
08User comments, feedback and other submissions
If you send us creative ideas, suggestions, proposals, plans, reviews or other materials, whether at our request or on your own initiative (“comments”), you agree that we may, at any time and without restriction, edit, copy, publish, distribute, translate and otherwise use them in any medium. We are under no obligation to maintain any comments in confidence, to pay compensation for any comments, or to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable, or that violates any party’s intellectual property or these Terms. You agree that your comments will not violate any right of any third party, including copyright, trademark, privacy, personality or other personal or proprietary rights; will not contain libellous, unlawful, abusive or obscene material; and will not contain any computer virus or malware. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy.
09Personal information
Your submission of personal information through the store is governed by our Privacy Policy.
10Errors, inaccuracies and omissions
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information in the Service except as required by law. No specified update or refresh date should be taken to indicate that all information has been modified or updated.
11Prohibited uses
In addition to other prohibitions set out in these Terms, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws or local ordinances; (d) to infringe upon or violate our intellectual property rights or those of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website. We reserve the right to terminate your use of the Service for violating any of the prohibited uses.
12Disclaimer of warranties; limitation of liability
We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free, or that the results obtained from the use of the Service will be accurate or reliable. You agree that from time to time we may remove the Service for indefinite periods or cancel it at any time without notice.
You expressly agree that your use of, or inability to use, the Service is at your sole risk. Except as expressly stated by us, the Service and all products delivered through it are provided “as is” and “as available”, without any representation, warranties or conditions of any kind, express or implied, including implied warranties of merchantability, merchantable quality, fitness for a particular purpose, durability, title and non-infringement.
To the fullest extent permitted by law, AFS Digital LLC, its members, officers, employees, affiliates, agents, contractors, suppliers and service providers shall not be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special or consequential damages of any kind, including lost profits, lost revenue, lost savings, loss of data or replacement costs, arising from your use of the Service or any products purchased through it, whether based in contract, tort (including negligence), strict liability or otherwise, even if advised of their possibility. Where applicable law does not allow the exclusion or limitation of liability for consequential or incidental damages, our liability shall be limited to the maximum extent permitted by law, and in any case shall not exceed the amount you paid for the product giving rise to the claim.
13Indemnification
You agree to indemnify, defend and hold harmless AFS Digital LLC and its parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms or the documents they incorporate by reference, or your violation of any law or the rights of a third party.
14Intellectual property
The Valmere name, logo, product designs, photographs, text, graphics and all other content on this site are owned by or licensed to AFS Digital LLC and are protected by copyright, trademark and other intellectual property laws. You may view and print pages for your personal, non-commercial use only. Any other use, including reproduction, modification, distribution or republication, without our prior written consent is prohibited.
15Severability
If any provision of these Terms is determined to be unlawful, void or unenforceable, that provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms. Such determination shall not affect the validity and enforceability of any other remaining provisions.
16Termination
The obligations and liabilities of the parties incurred prior to the termination date survive termination for all purposes. These Terms are effective unless and until terminated by either you or us. You may terminate them at any time by notifying us that you no longer wish to use our Service, or by ceasing to use the site. If, in our sole judgement, you fail, or we suspect that you have failed, to comply with any term or provision of these Terms, we may terminate this agreement at any time without notice, and you will remain liable for all amounts due up to and including the date of termination; we may also deny you access to the Service or any part of it.
17Entire agreement
Our failure to exercise or enforce any right or provision of these Terms does not constitute a waiver of that right or provision. These Terms and any policies or operating rules posted by us on this site or in respect of the Service constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including any prior versions of the Terms). Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.
18Governing law and disputes
These Terms and any separate agreements whereby we provide you Services are governed by and construed in accordance with the laws of the State of Florida, United States, without regard to its conflict-of-law provisions. Where you are a consumer resident in another country, you also benefit from any mandatory provisions of the law of your country of residence, and you may bring proceedings before the courts of that country.
If you have a problem with an order, please contact us first at support@valmereandco.com — most issues can be resolved quickly and informally. Consumers in the European Union may also use the European Commission’s Online Dispute Resolution platform.
19Changes to these Terms
You can review the most current version of the Terms of Service at any time on this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms by posting updates and changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes constitutes acceptance of those changes.
Contact information
Questions about the Terms of Service should be sent to us at:
Valmere — AFS Digital LLC
2335 E Atlantic Blvd, Ste 200, Pompano Beach, FL 33062, United States
Email: support@valmereandco.com
Website: valmereandco.com
These Terms are provided in English. Where a translated version is made available, the English version prevails in the event of any inconsistency.