WEBSITE TERMS & CONDITIONS
Welcome to www.deltoroshoes.com ("Website"). Please take a few minutes to review these Terms and Conditions. Your use of this Website and purchase of products from us constitutes your agreement to follow these Terms and Conditions and to be bound by them.
THESE TERMS AND CONDITIONS MAY CHANGE
MC Italia, Inc. (“Company” or “Del Toro” as context may require) reserves the right to update or modify these Terms and Conditions at any time without prior notice. For this reason, we encourage you to review these Terms and Conditions whenever you purchase products from us or use our Website.
SHIPPING AND PROCESSING FEES
Our shipping and processing charges are intended to compensate our Company for the cost of processing your order, handling and packing the products you purchase and delivering them to you. We encourage you to also review detailed information about our shipping and processing fees, below.
SHIPPING AND ORDERING
Orders may be placed online or over the telephone by calling (888) 242-1112 or (305) 571-8229 during the hours of 8:00AM to 5:00PM (EST) Monday through Friday. Del Toro gladly accepts Visa, MasterCard, American Express, and Discover.
We do our best to ensure product availability for our customers. The foregoing notwithstanding, most of our products are produced in limited edition or capsule collections and accordingly, some products may become unavailable without prior notice. Del Toro does not guarantee the availability of any product or style to is customers. In the event an order is placed for a product which is not available, you will be notified by customer service and issued a store credit to purchase alternative products.
Del Toro utilizes the United Parcel Service (UPS) for all domestic shipments and the United States Postal Service (USPS) for all international shipments. Unfortunately, Del Toro is unable to ship to P.O. Boxes for either domestic or international shipments.
In order to protect the integrity of our Website and your personal information, all orders are processed through a fraud detection program which ensures the authenticity of all information submitted. All orders will be processed and shipped within a 48-hour window from the time the order is received by the Company. Orders selected for UPS Next Day shipping that are placed before 1:00PM EST will ship the same day, providing the order has matching shipping and billing addresses. Please note that all orders must clear the fraud protection program, which may result in additional order processing delays. Del Toro is not responsible for any shipment delays caused by clearing times for orders passing through the fraud protection system. If you select UPS Next Day shipping on a Friday, please be advised that your package will not be delivered until Monday. Saturday delivery is available in only certain geographic regions and must be requested by e-mailing firstname.lastname@example.org. Additional charges will apply.
INTERNATIONAL DUTIES & TAXES
Del Toro expressly waives all liability for any foreign duties or taxes incurred on shipments outside of the United States. Such costs and expenses shall be borne exclusively by the purchaser of products from our Website.
A tracking number will be emailed to you when your order ships. This tracking number will allow you to check on the delivery status of your order. You can also check the status of your order by logging into your account at www.deltoroshoes.com. For estimated shipment times to your location on UPS Ground shipments, please visit www.ups.com or for USPS, please visit www.usps.gov.
RETURNS & EXCHANGES
Del Toro does not provide refunds for returned items. Store credit or exchange only on undamaged products returned only in accordance with these Terms & Conditions. Please note, all shipping costs are non-refundable and will be deducted from the store credit amount provided to our customers, if any. Please email email@example.com to receive an exchange label for your order. Affix the new label to the original box, and include the original packing slip in the box. Please also note the size you wish to exchange the item for. Eligible items must be returned for exchange within 30 days of date of purchase. Please try shoes on a clean, carpeted area. The soles of our slippers are made of high quality leather, and we cannot accept returns of products with scuffed, marked, or worn soles. All accessories and items marked as “sale” or “on sale” are final.
All undeliverable packages will be returned to our office and please note that we are not able to automatically reship the package. Additional shipping costs will apply.
Custom orders take approximately three to four months to be completed and shipped. Custom orders are non-refundable after order has been placed. Orders for monogrammed and personalized items cannot be cancelled. Once placed, your order cannot be returned except when due to defect.
Custom shoes are available in U.S. Men’s sizes 6-16 and U.S. Women’s sizes 4-11. Ana additional charge of $150.00 will be applied to your order for sizes 14 and up. Please email firstname.lastname@example.org with any questions regarding sizing and custom orders.
Please enter the letters in the exact order you want them to appear on the shoes. Del Toro cannot be responsible for trying to anticipate the order you would like the letters to be in. Please note all fonts accentuate the middle letter in traditional style. If you do not prefer this style, please make sure you note it specifically in your order. Monogramming is generally available in the following styles:
- Traditional Style – ACB – First Initial, Last Initial, Middle Initial
- Alternative Style – ABC – First Initial, Middle Initial, Last Initial
- Patsy’s Script is available only with a maximum of two letters per shoe
Custom images are approximately 1.5" X 1.5" on the shoe. Please keep this in mind when choosing your custom image; the less complex the image, the better the embroidery translates on the shoe. We cannot guarantee exact color or image duplication, and cannot be responsible for inaccurate details. If you would like to see examples of completed embroidered slippers, please email email@example.com. All custom shoe sales are final sale and cannot be exchanged or refunded.
Del Toro is committed to the appropriate and legal use of the intellectual property of others. Del Toro reserve, in its sole discretion, the right to reject any order that it considers libelous, defamatory, obscene, profane, contains explicit sexual content or is otherwise inappropriate for production.
When you post, submit, or upload content (“Content”) to us you represent and warrant that:
- You own all copyright in the Content, or if you are not the owner, that you have permission to use the Content, and that you have the right to display and reproduce the Content as Del Toro products, including but not limited to custom dress slippers; You hereby license Del Toro to use and sub-license the Content in accordance with these Terms & Conditions.
- You and your Content do not and will not infringe the intellectual property rights or other rights of any person or entity, including copyright, moral rights, trade mark, trade dress, patent or right of privacy;
- You or your Content, and your use, storage, reproduction and display on Del Toro will comply with all applicable law, rules and regulations;
- Your Content does not contain material that defames or vilifies any person, people, races, religion or religious group and is not obscene, pornographic, indecent, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory or otherwise objectionable;
- Your Content is not misleading and deceptive and does not offer or disseminate fraudulent goods, products, services, schemes, or promotions.
Under no circumstances shall Del Toro be liable for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Website.
You agree that will defend, at your sole cost and expense, any third-party action, suit or proceeding against Del Toro ("Claim") to the extent such Claim is based upon an allegation that a custom image, pattern or motif, infringes a valid United States patent, trademark or copyright or misappropriates a third party's trade secret. You will indemnify Del Toro for any judgments, settlements and reasonable attorney's fees resulting from a Claim as provided in this Section.
USE OF OUR WEBSITE
We welcome your comments about our Website. However, any comments, feedback, notes, messages, ideas, suggestions or other communications (collectively "Comments") sent to our Website shall be and remain the exclusive property of MC Italia, Inc. Your submission of any such Comments shall constitute an assignment to MC Italia, Inc. of all worldwide rights, titles and interests in all copyrights and other intellectual property rights in the Comments. MC Italia, Inc. will be entitled to use, reproduce, disclose, publish and distribute any material you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any comments that you do not wish to assign to us, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork.
HYPERLINKS TO OTHER WEB SITES
To the extent our Website contains hyperlinks to outside services and resources, the availability and content of which MC Italia, Inc. does not control, any concerns regarding any such service or resource, or any hyperlink thereto, should be directed to the particular outside service or resource.
This Website and all content available on this Website are provided on an "AS IS" basis without warranties of any kind, either express or implied, including without limitation warranties of title or implied warranties of merchantability or fitness for a particular purpose. You acknowledge, by your use of this Website, that your use of this Website is at your sole risk, that you assume full responsibility for all costs associated with all necessary servicing or repairs of any equipment you use in connection with your use of this Website, and that MC Italia, Inc. shall not be liable for any damages of any kind related to your use of this Website.
PRODUCT PRICING INFORMATION
The prices displayed on our Website may differ from prices that are available in stores or in catalogs, and our pricing may differ from store to store. If you are in the U.S. or Canada Website prices will be displayed in U.S. Dollars. Elsewhere, Website prices will generally may displayed in U.S. Dollars or local currency, at the Company’s discretion. The prices displayed in printed materials, if any, are quoted in U.S. Dollars and are valid and effective only in the United States. These prices are subject to change without notice.
Occasionally we will offer special promotions to our customers that we refer to as "special offers" or "special offer". This can include a gift with purchase, free shipping, manufacturer offers, or other promotional activity associated with a product purchase. These offers may be for a limited time only and are subject to modification or cancellation at any time without prior notice.
From time to time there may be information on our Website or in our catalog that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. MC Italia, Inc. reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order).
Del Toro and Del Toro Shoes are registered trademarks of MC Italia, Inc. All of the content on this website is subject to copyright, trademark, service mark, trade dress and other intellectual property rights or licenses held by MC Italia, Inc. Your use of the trademarks, service marks, trade dress and copyrighted material displayed on this Website is strictly prohibited. You may download, print and store selected portions of the content, provided you (1) only use these copies of the content for your own personal, non-commercial use, (2) do not copy or post the content on any network computer or broadcast the content in any media, and (3) do not modify or alter the content in any way, or delete or change any copyright or trademark notice. No right, title or interest in any downloaded materials is transferred to you as a result of any such downloading. MC Italia, Inc. reserves complete title and full intellectual property rights in any content you download from this Website. Except as noted above, you may not copy, download, reproduce, modify, publish, distribute, transmit, transfer or create derivative works from the content.
TYPES OF INFORMATION COLLECTED
In order to better provide you with our numerous services, we reserve the right to collect two types of information about our users: “Personally Identifiable Information” and “Non-Personally Identifiable Information.” Our primary goal in collecting information from you is to provide you with a smooth, efficient, and customized experience while using our Website.
A. Personally Identifiable Information: This refers to information that lets us know the specifics of who you are. When you engage in certain activities on this Website, such as ordering a product or service, submitting content, entering a contest or sweepstakes, filling out a survey, or sending us feedback, we may ask you to provide certain information about yourself by filling out and submitting an online form. It is optional for you to engage in these activities. If you elect to engage in these activities, however, we may ask that you provide us personal information, such as your first and last name, mailing address (including zip code), e-mail address, employer, job title and department, telephone and facsimile numbers, and other personal identifying information. When ordering products or services on the Website, you may be asked to provide a credit card number. Depending upon the activity, some of the information we ask you to provide may be identified as mandatory and some as voluntary. If you do not provide the mandatory data with respect to a particular activity, you will not be able to engage in that activity.
B. Non-Personally Identifiable Information: This refers to information that does not by itself identify a specific individual. We reserve the right to gather certain information about you based upon where you visit on our Website in several ways. This information is compiled and analyzed on both a personal and an aggregated basis. This information may include the website's Uniform Resource Locator (“URL”) that you just came from, which URL you next go to, what browser you are using, and your Internet Protocol (“IP”) address. A URL is the global address of documents and other resources on the World Wide Web. An IP address is an identifier for a computer or device on a Transmission Control Protocol/Internet Protocol (“TCP/IP”) network, such as the World Wide Web. Networks like the Web use the TCP/IP protocol to route information based on the IP address of the destination. In other words, an IP address is a number that is automatically assigned to your computer whenever you are surfing the web, allowing web servers to locate and identify your computer. Computers require IP addresses in order for users to communicate on the Internet.
COLLECTION METHODS AND USE OF INFORMATION
We do not collect any Personally Identifiable Information about you unless you voluntarily provide it to us. You provide certain Personally Identifiable Information to us when you (a) register for our services and register your e-mail address with us; (b) enter sweepstakes or contests sponsored by us or one of our partners; (c) sign up for special offers from selected third parties; (d) send e-mail messages, submit forms or transmit other information by telephone or letter; or (e) submit your payment information and personal information when ordering and purchasing products on our Website. We may also collect information from you at other points on our Website that state that such information is being collected.
In addition, we may also collect, or our third party ad server and/or content server may collect, certain Non-Personally Identifiable Information. This information is ultimately stored in the form of store categories, and, in some cases, specific URLs. We use your IP address to diagnose problems with our servers, software, to administer our Website and to gather demographic information. Our third party ad servers will also provide us with summary, but not individual, reports that will tell us how many ads were presented and clicked upon at out Website.
We will primarily use your Personally Identifiable Information to provide our services to you, as required by our agreements with you. We will also use Personally Identifiable Information to enhance the operation of our Website, fill orders, improve our marketing and promotional efforts, statistically analyze Website use, improve our product and service offerings, and customize our Website's content, layout, and services. We may use Personally Identifiable Information to deliver information to you and to contact you regarding administrative notices. We may also use Personally Identifiable Information to resolve disputes, troubleshoot problems and enforce our agreements with you, including our Terms & Conditions.
RELEASE OF INFORMATION
We do not sell, trade, or rent your Personally Identifiable Information to others. We do, however, reserve the right to provide products and services through contractual arrangements with affiliates, services providers, partners and other third parties. We and our service partners use your Personally Identifiable Information to operate our Website and to deliver their services. For example, we must release your credit card information to the card-issuing bank to confirm payment for products and services purchased on this Website; release your address information to the delivery service to deliver products that you ordered; and provide order information to third parties that help us provide customer service.
By using the Website you acknowledge that the use of your Personally Identifiable Information by our service partners is governed by the privacy policies of those service partners, and is not subject to our control.
Occasionally we may be required by law enforcement or judicial authorities to provide Personally Identifiable Information a governmental authority. We will disclose Personally Identifiable Information upon receipt of a court order, subpoena, or to cooperate with a law enforcement investigation. It is our policy to fully cooperate with law enforcement agencies in identifying those who use our services for illegal activities. We reserve the right to report to law enforcement agencies any activities that we in good faith believe to be unlawful.
We may also provide Non-Personally Identifiable Information about our customers' sales, traffic patterns, and related Website information to third party advertisers, when applicable, but these statistics do not include any Personally Identifiable Information.
UPDATING AND CORRECTING INFORMATION
We believe you should have the ability to access and edit the Personally Identifiable Information that you have provided to us. You may change any of your Personally Identifiable Information in your account online at any time by linking to your account in accordance with instructions posted elsewhere on this Website. You may also access and correct your personal information by writing us at:
MC ITALIA, INC.
2750 NW 3rd Ave, Suite 5
Miami, Florida 33127
or by e-mail at: firstname.lastname@example.org
Please include your name, address, and e-mail address when you contact us.
We encourage you to promptly update your Personally Identifiable Information if it changes. You may ask to have the information on your account deleted or removed; however, because we keep track of past transactions, you cannot delete information associated with past transactions on this Website. In addition, it may be impossible to completely delete your information without some residual information because of backups.
USER CHOICES ON COLLECTION AND USE OF INFORMATION
We may, from time to time, send you e-mail regarding our products and services. In addition, if you indicated upon registration that you are interested in receiving offers or information from us and our partners, we may occasionally send you e-mail or direct mail about products and services that we feel may be of interest to you.
You also have choices with respect to cookies, as described below. By modifying your browser preferences, you have the choice to accept all cookies, to be notified when a cookie is set, or to reject all cookies. If you choose to reject all cookies some parts of our Website may not work properly in your case.
SECURITY OF INFORMATION
The Company protects your online order and registration information by using Secure Sockets Layer (“SSL”) technology. SSL encrypts your order information to avoid the decoding of that information by anyone other than the Company. The secure mode begins when you initiate your order. If you see an unbroken key or a closed lock (depending upon your browser), then SSL is active. You can double-check by looking at the URL line of your browser when accessing a secure service. The first characters of the Website address will change from "http" to "https". Some versions of the browsers and some firewalls don't permit communication through secure servers. In that case, you'll be unable to connect to the server so you won't have to worry about mistakenly placing an order through an unsecured connection. However, please feel free to place your order with us by e-mail by writing to email@example.com.
In order to most efficiently serve you, credit card transactions and order fulfillment are handled by established third party banking, processing agents and distribution institutions. They receive the information needed to verify and authorize your credit card or other payment information and to process and ship your order.
Unfortunately, no data transmission over the Internet or any wireless network can be guaranteed to be 100% secure. As a result, while we strive to protect your Personally Identifiable Information, you acknowledge that: (a) there are security and privacy limitations of the Internet which are beyond our control; (b) the security, integrity and privacy of any and all information and data exchanged between you and us through this Website cannot be guaranteed; and (c) any such information and data may be viewed or tampered with in transit by a third party.
When you use our Website we will store cookies on your computer in order to facilitate and customize your use of our Website. A cookie is a small data text file, which a website stores on your computer's hard drive (if your Web browser permits) that can later be retrieved to identify you to us. Our cookies store randomly assigned user identification numbers, the country where you are located, and your first name to welcome you back to our Website. The cookies make your use of the Website easier, make the Website run more smoothly and help us to maintain a secure Website. You are always free to decline our cookies if your browser permits, but some parts of our Website may not work properly in that case.
We may use an outside ad serving company to display banner advertisements on our Website. As part of their service, they may place a separate cookie on your computer. We will not provide any third-party ad server with any of your Personally Identifiable Information or information about your purchases. We and our third party ad server will collect and use Non-Personally Identifiable Information about you, such as your IP address, browser type, the server your computer is logged onto, the area code and zip code associated with your server and whether you responded to a particular ad. Other advertisers may also place banner ads on our Website in the same manner as above, but we will not disclose any Personally Identifiable Information to them.
PRIVACY POLICIES OF THIRD PARTY SITES
MISC. PRIVACY ISSUES
Consistent with the Children's Online Privacy Protection Act of 1998, we will never knowingly request personally identifiable information from anyone under the age of 13 without prior verifiable parental consent. If we become aware that a subscriber is under the age of 13 and has registered without prior verifiable parental consent, we will remove his or her personally identifiable registration information from our files. Please note: we may nevertheless maintain a record of that person's name and address in a "do not register" file to avoid subsequent registration by a child under the age of 13.
Last updated: May 6, 2013