Terms & Conditions

Introduction

Welcome to the Perphy® Shoes, Boots website (the “Site”). These Terms and Conditions are a legally binding agreement between you and Perphy® Shoes, Boots regarding your use of this Site and any services, content, and products available on or through the Site (collectively, the “Services”).

Please read these Terms carefully before using this Site or the Services. By accessing the Site or using any Services, you agree to be bound by these Terms. If you do not accept these Terms, you may not use the Site or the Services.

We may modify these Terms at any time, and such modifications shall be effective immediately upon posting the modified Terms on the Site. We will make reasonable efforts to notify you of any significant changes to these Terms, but it is your responsibility to review the Site and these Terms periodically for any updates or changes. Your continued use of the Site or Services after the posting of any updates or changes constitutes your acceptance of such updates and changes. If you do not agree to the updated or revised Terms, you must immediately stop using the Site and Services.

These Terms apply to all visitors, users, and others who access the Site or use the Services.

Access and Use of the Site and Services

You must be at least 18 years old to use the Site and Services. By using the Site and Services, you represent and warrant that you are at least 18 years old. If you are not at least 18 years old, you may not access or use the Site or Services.

Your access and use of the Site and Services is at your own risk. The Site and Services are provided on an “as is” and “as available” basis without any warranties of any kind, expressed or implied. We make no representations or warranties about the accuracy, reliability, completeness, or timeliness of any content available on or through the Site or Services.

You are responsible for obtaining and maintaining any equipment and services needed to access and use the Site or Services. This includes, but is not limited to, computers, mobile devices, internet access, and telephone and data services. We are not responsible for any issues arising from your equipment, services, or internet connection.

You are solely responsible for your conduct when accessing and using the Site and Services. You agree to use the Site and Services only for lawful purposes and agree not to:

  • Post, upload, transmit, distribute, or otherwise make available any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane, or indecent information of any kind.
  • Engage in conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law.
  • Upload or transmit any material that contains viruses or other harmful computer code, files, or programs.
  • Violate, plagiarize, or infringe the rights of third parties including copyright, trademark, patent, trade secrets, rights of privacy, or publicity or any other proprietary rights.
  • Misrepresent your identity or provide false information when using the Site or Services.
  • Use any automated processes to access and use the Site or Services.
  • Engage in any harassing, intimidating, predatory, or stalking conduct.

We have the right to monitor your use of the Site and Services. We may monitor your use and activity on the Site and Services to ensure your compliance with these Terms and any applicable laws. We may access any content you submit, post, transmit through the Services, or communicate to other users. We may disclose any information necessary to satisfy our legal obligations, protect us or others, or operate the Site and Services properly.

We have the right to suspend or terminate your access. We may suspend or terminate your access to or ability to use any and all Site and Services immediately, without prior notice or liability, for any reason or no reason, including breach of these Terms.

Our intellectual property rights. The Site and Services contain material, such as software, text, graphics, images, designs, trademarks, logos, photos, audio and video clips, and other content that is owned by us or licensed by us (collectively, “Our IP”). Our IP is protected by copyright, trademark, patent, trade secret and other laws. You have no rights in or to Our IP, and you may not use Our IP without our express written permission.

Online Store, Products & Pricing

Placing Orders. You may browse and place orders for products on the Site. All orders are subject to acceptance by us, and we may reject any order in our sole discretion. We may require additional information to accept or process an order. Placing an order constitutes your offer to purchase a product, which is accepted by us when we ship the product to you.

Product Availability. We try to maintain accurate availability information on the Site, but products may sell out quickly. The receipt of an order confirmation email does not signify our acceptance of an order or guarantee product availability. We reserve the right to cancel orders at any time due to unavailability of products.

Product Descriptions. We try to describe products accurately on the Site, but some details like color may vary. We disclaim any product warranty or representation made on the Site.

Pricing. All prices are in U.S. dollars and do not include applicable taxes unless stated otherwise. We reserve the right to adjust pricing at any time. In case of pricing error on the Site, we will cancel and refund affected orders.

Shipping & Delivery. Shipping and delivery details are provided at checkout. Shipping costs will be disclosed before completing an order. We may ship products separately. Tracking information will be provided for physical goods shipped to you. Delivery times are estimates only and do not guarantee delivery by a certain date. We are not liable for delays in shipment or delivery.

Returns & Refunds. Please review our Returns & Refunds Policy posted on the Site before making purchases. You are responsible for complying with the Returns & Refunds Policy to receive any remedies under that policy.

Sales Tax. Orders shipped to addresses within Tennessee are subject to Tennessee state sales tax. Your total will reflect applicable state sales tax depending on the shipping address.

User Content

User Content Generally. The Site and Services may allow you to upload, submit, post, communicate, transmit, or otherwise make available content such as text, images, audio, video, or other information and materials (collectively, “User Content”).

Ownership. You retain full ownership of all User Content you submit. You represent and warrant that you have all rights necessary to submit the User Content and grant the licenses below.

License to Us. By submitting User Content, you grant us an unlimited, worldwide, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free, sublicensable, and transferable license to use, edit, modify, prepare derivative works from, reproduce, display, distribute, perform, and otherwise fully exploit the User Content in connection with the Site, Services, and our (and our successors’ and assigns’) businesses, including without limitation for promoting, advertising, marketing, and redistributing part or all of the Site or Services. You waive all moral rights you may hold in the User Content.

Public Nature of User Content. You understand and agree that all User Content you submit is publicly visible to others. Do not submit personally identifying information (like name, email address, phone number) or confidential information through User Content.

Removal Rights. While you retain ownership of User Content, we retain the right (but not the obligation) in our sole discretion to review, block, delete, edit, move, remove, or disable access to any User Content at any time without notice for any reason. We may also impose limits on certain features of the Services or your use of User Content based on your level of activity.

Monitoring. We do not control, verify, endorse, or take responsibility for any User Content. We have the right, but not the obligation, to monitor User Content to determine compliance with these Terms and any applicable law, regulation, or authorized government request.

Third-Party Content, Products & Services

The Site and Services may allow you to access, use, purchase, or interact with content, products, or services provided by third parties (“Third-Party Content”). For example, you may be able to access Third-Party Content via links, advertisements, or service integrations.

No Endorsement. We do not endorse or take any responsibility for Third-Party Content. Third-Party Content is not under our control, and we make no representations or warranties about accuracy, safety, or legality. Your use of Third-Party Content is at your own risk and discretion.

No Liability. We are not affiliated with, responsible for, or liable for any Third-Party Content or your purchases and use of Third-Party Content. We have no control over products or services offered by third parties. You are solely responsible for your dealings and communications with any third party related to Third-Party Content.

Your Use. Your interactions with organizations and/or individuals found on or through the Site and Services, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. We shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of Third-Party Content on the Site or Services.

Prohibited Uses & Security

You are prohibited from violating or attempting to violate the security of the Site or Services, including, without limitation:

  • Accessing data not intended for your use or logging into a server or account which you are not authorized to access
  • Attempting to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization
  • Attempting to interfere with service to any user, host, or network, including, without limitation, via means of overloading, “flooding,” “mailbombing,” “denial of service” attacks, “crashing” or “spamming”

Violations of system or network security may result in civil or criminal liability. We will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.

Disclaimers

On the Site and Services. The Site and Services are provided on an “as is” and “as available” basis. To the fullest extent permitted under applicable law, we disclaim all representations, warranties and conditions express or implied, including the implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. We do not guarantee the Site and Services will meet your needs or expectations or that access will be uninterrupted, free from errors, viruses, delays, interferences, hacking, or other security intrusions. We also do not guarantee accuracy, completeness, reliability, security or timeliness of any content. You use the Site and Services at your own discretion and risk. Some jurisdictions may not allow disclaimers of implied warranties, so some of the above disclaimers may not apply to you. Check your local laws for any restrictions or limitations regarding disclaimers.

On User Content. We are under no obligation to screen or monitor User Content, and we are not liable for User Content. We do not guarantee any content available on the Site or Services complies with our terms, applicable laws, or community guidelines. We do not endorse and are not responsible for the accuracy, effectiveness, quality, or lawfulness of User Content.

On Third Party Content. We disclaim all responsibility and liability for Third Party Content available on or through the Site and Services. We do not verify, endorse, or take responsibility for any Third Party Content. We make no representations or warranties about accuracy, safety, reliability, legality, or timeliness of Third Party Content. Your use of Third Party Content is at your own discretion and risk.

Limitations on Liability

WE ARE NOT LIABLE FOR DAMAGES, INJURY OR LOSS TO YOU OR THIRD PARTIES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE, OUR AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR ASSIGNS BE LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, REVENUE, BUSINESS, GOODWILL, ANTICIPATED SAVINGS, DATA OR USE, EVEN IF WE KNEW OF THE POSSIBILITY OF SUCH DAMAGE. THE TOTAL CUMULATIVE LIABILITY FOR ANY CLAIMS ARISING FROM OR RELATING TO THE SITE AND SERVICES IS LIMITED TO THE AMOUNT YOU PAID US FOR PRODUCTS OR SERVICES IN THE LAST 12 MONTHS, OR $100, WHICHEVER IS GREATER. THESE EXCLUSIONS AND LIMITATIONS APPLY REGARDLESS OF THE THEORY OR BASIS OF THE CLAIM ASSERTED, INCLUDING CONTRACT, TORT, NEGLIGENCE, STATUTE OR OTHER LEGAL THEORY. Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you.

Indemnification

You must indemnify and hold harmless us, our parents, 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 arising from or related to your access or use of the Site and Services, violation of these Terms, violation of any law or rights of a third party, or any User Content you submit, post, transmit, modify or otherwise make available through the Services. We reserve the right, at your expense, to assume exclusive defense and control of any matter for which you are required to indemnify us and you must cooperate in our defense of these claims. You agree not to settle any such claim without our prior written consent. We will use reasonable efforts to notify you of any claim, action or proceeding brought by a third party that appears likely to result in an indemnifiable claim.

Governing Law

These Terms are governed by the laws of the State of Tennessee, without regard to conflict of law rules or principles. Any dispute related to these Terms or the Site or Services must be brought in the federal or state courts located in Nashville, Tennessee and you consent to exclusive jurisdiction and venue in those courts.

Termination

We reserve the right, without notice and at any time, to remove the Site or Services or deny access to all or part of the Site or Services. We are not responsible for any loss or harm related to your inability to access or use the Site or Services.

Changes to Terms

We may amend these Terms from time to time to maintain compliance with law, add new features and products, accommodate new business models or practices, reflect corporate mergers or acquisitions, address security risks, or for other purposes we deem necessary or appropriate. Changes will be effective upon posting of the revised Terms on the Site. All changes are at our sole discretion, and your continued use of the Site or Services constitutes your acceptance of the updated or revised Terms. If you do not agree to the updated or revised Terms, you must immediately stop using the Site and Services.

Severability

If any provision or part of a provision of these Terms is unlawful, void or unenforceable, that provision or part of the provision is deemed severable and does not affect the validity and enforceability of the remaining provisions.

Contact Us

Please feel free to contact us at [email protected] with any questions about these Terms.