Terms of service
1. Preliminary
THANK YOU FOR VISITING OUR ONLINE SHOP. WE HAVE WRITTEN THIS DOCUMENT TO EXPLAIN OUR CUSTOMERS THE TERMS AND CONDITIONS THAT GOVERN THE USE OF OUR WEBSITE AND ANY OF OUR SERVICES. WE RECOMMEND THAT YOU CAREFULLY READ THIS DOCUMENT AND OUR PRIVACY POLICY BEFORE ACCESSING OUR WEBSITE.
This website: www.alexanderhurley.com (“Website”) is owned and operated by Troy Hurley (collectively referred to as “Alexander Hurley Store” and/or “Store” and/or “We” and/or “Us”).
For the purposes of this document, “You” and/or “Customer” and/or “User” means any individual who may access and/or browse and/or register and use our Website and Services.
Our information is the following:
- Business registered name: Alexander Hurley
- Owner: Troy Hurley
- Address: 2328 W. Tanque Verde Ct, Chandler, AZ, 85224, USA
- Website: www.alexanderhurley.com
- E-mail: customerservice@alexanderhurley.com
This document governs your use of the Website and any of our Services, including the purchase of any footwear offered by Alexander Hurley Store through this Website.
This Website and Services are offered subject to your acceptance of these Terms and Conditions and our Privacy Policy.
These Terms and Conditions constitute a legally binding agreement between you and Alexander Hurley Store.
Please note that the access to and/or browsing and/or registration and/or purchase of any of our Products and/or use of this Website and Services implies that you are expressly giving your consent and accepting to submit to these Terms and Conditions and our Privacy Policy.
Please read the definitions applicable to these Terms and Conditions and our Privacy Policy in Section 26 set out below.
2. Website Eligibility
The use of the Website and Services is exclusively available for individuals who can enter into legally binding contracts as prescribed under any local and/or international applicable law.
Only individuals who are above the legal age as prescribed by applicable laws, are eligible to use our Website and Services.
Those individuals who are below legal age as prescribed by applicable laws (“Minor”), as being incompetent to enter into a contract, and who cannot create legally binding contracts under law, are not eligible to use this Website and Services.
By accessing and using this Website and Services, you represent that you hold the legal age of majority to use this Website and Services. If you are a Minor, please discontinue the use of this Website and Services immediately.
3. Our Services
Alexander Hurley Store is an online footwear shop dedicated to selling shoes for men, women and kids, aimed at providing comfortable footwear for people of all ages and with different needs and activities.
Our Services include online purchases handled through different payment, delivery and shipping options within the United States and globally ("Services").
Through our Website you will find various footwear (“Products” and/or “Items”) from the most recognized brands, according to your preferences and with the specifications best fit to your needs.
Among other features, our Website includes a shopping cart that allows you to select and checkout a purchase, or save your items to purchase them later, in some quick steps and at your convenience.
You may easily search and choose any of our Items on the Website, either by browsing a keyword or by category.
In the Sections below, we describe how you may shop and complete your purchase process with us.
4. Customer Account
If you wish to buy any of our Products, you must first register with us through the Website and create a free account ("Customer Account" and/or “Alexander Hurley Account” and/or “Account”). During the registration process, we will require you to provide us with the following information ("Personal Information").
- First name.
- Last name.
- Address.
- Email address.
- Payment Method details.
You will be exclusively responsible for maintaining the confidentiality of your Customer Account and password and for restricting access to any third party.
You will be responsible for all activities carried out under your Customer Account login and through the use of your password.
You agree to immediately notify us if any unauthorized use of your password or Account occurs, as any other breach of security behavior comes into action, and must also ensure to logout from your Account at the end of each session.
We will take all commercially and reasonable measures to protect Personal Information against accidental or unlawful destruction, loss, unauthorized access, including measures to encrypt such information.
5. Purchasing Conditions
5.1. General
All purchases made through this Website are subject to our acceptance. Therefore we may refuse to accept or may cancel any transaction, in our sole discretion, and without liability to you or any third party.
You declare that by making any purchase on our Website you have complied with all applicable laws and regulations.
We do not permit orders from dealers, wholesalers, or other customers who intend to resell Products offered on the Website.
We expressly condition our acceptance of any order under your Account to these Terms and Conditions and our Privacy Policy.
We reserve the right, at our sole discretion, to limit the quantity of Items selected per Customer. Such limitations may apply for orders placed through the same Account and Payment Method, using the same billing and/or shipping address. We will notify you in the event such limits may be applied.
5.2. Prices
We acknowledge that all the Products offered on the Website will display the prices in an accurate and clear manner.
The payable price for purchasing each of the Items offered will be as shown on the Website, and in United States of America Dollars (USD). Prices stated on the Website apply to all the orders made through our Website. All prices are inclusive of VAT (where applicable). Delivery costs are charged in addition and are clearly displayed during the checkout process.
We reserve the right without prior notice to discontinue or change specifications and prices on Products offered on our Website without incurring any obligation to you. Prices and availability are subject to change without prior notice, and we reserve the right to revoke any offer to correct any errors, inaccuracies, or omissions.
5.3. Fees
You accept and acknowledge that the use of our Website may result in charges due to Services and Products, and/or purchase orders received through our Website ("Fees"). Fees will include applicable taxes, as required by law. Fees paid by you are final and non-refundable, unless the Store, in its sole discretion, determines otherwise. Fees may be modified from time to time by us without prior notice to our Customers.
6. How to Purchase with Us
6.1. Purchase Process
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To make a purchase you must first log in to your Customer Account, select the Item(s) you wish to purchase into your shopping cart, and then place the order by processing the purchase of the Item(s) through your preferred payment method (amounts will include all applicable shipping charges). Once you have reached the final billing page and submitted the order, that amount will be charged to the credit card you have selected as your Payment Method. We will immediately require authorization from the Bank or card issuer to process the payment transaction.
During the purchase process on our Website, and in order to assure proper delivery of the Item(s), you may confirm the address registered in your Customer Account for each shipment or may also provide a new shipping address.
Upon payment by you, the Store will issue and send you a pre-shipment invoice to your email address. Each pre-shipment invoice will include: description of the Product(s); price per Item; charges and taxes applicable, and the total price.
Please keep in mind that when you provide your Personal Information to us during the purchase process on our Website, you are willingly giving your express consent for the use of your Personal Information by us when processing the purchase of the Items you have selected. For more details please see our Privacy Policy.
Alexander Hurley Store reserves the right to put on hold or cancel any order if your Payment Method is refused or declined by the issuer of such Payment Method for any reason. You are responsible for providing a secondary valid Payment Method that enables us to process the purchase.
6.2. Electronic Agreement
You acknowledge and agree that by placing each order through our Website, you are consenting to and entering into a legally binding electronic contract between you and Alexander Hurley Store. You also accept and acknowledge that your electronic consent constitutes your expressly acceptance of these Terms and Conditions and our Privacy Policy.
6.3. Payment Methods
We only accept credit cards as payment methods (“Payment Method”). Please note that we do not accept cash or checks.
We do not store your Payment Method information on our Website. All payment details entered through the Website are encrypted when you enter them.
Your Payment Method information only is processed by our payment service provider. Communications to and from our payment service provider’s website are also encrypted. We will not provide your Payment Method information to other third party companies or individuals unless required to by law, regulation or court order.
Please note that the Payment Methods provided by you during the use of the online shopping service should be legitimate, valid and accurate, and that you should only use Payment Methods legally owned by you. Alexander Hurley Store will not be liable for any Payment Methods fraud resulting from inaccurate, incorrect, or unlawful information provided by you. Any liability arising from fraudulent acts to Payment Methods by you, as any responsibility to prove otherwise shall be exclusively on you.
Please keep in mind that you must pay all Fees when making the purchase, including shipping and delivery fees, which may be made by your Payment Method, as indicated by you.
When online payment transactions are carried out through our Website, you will receive an order acknowledgment upon payment authorization by the Bank. Alexander Hurley Store reserves the right to put any purchase on hold if the Payment Method used by you is refused or declined by the issuer of such Payment Method for any reason. You are responsible for providing a secondary valid Payment Method that enables us to process the purchase.
All payments through your Payment Method are subject to validation checks and authorization by the issuer of your Payment Method. If such issuer refuses to, or for any reason does not authorize the payment, the order will be cancelled and you will be notified by email and/or during the checkout process.
7. Products Offered by Us
7.1. Products Information
We carried out our best efforts to provide accurate information about all Items displayed on our Website (e.g. stock availability, pricing, Products features, images, and specifications). Nevertheless typographical errors may occur.
Please keep in mind that colors of the Products offered on our Website are displayed as accurately as possible. However, given that the actual colors that our Customers may perceive are dependent on the quality of each monitor or device resolution, we cannot guarantee that the color you see will be accurate.
7.2. Stock Availability
When we display information about our Products on our Website, we do not guarantee the availability of stock, offers and prices. You will be able to know the availability of each Item and confirm its price, as well as any offer, at the moment of placing your order on our Website.
7.3. Information Errors
Please note that errors may occur in the process of providing Products and pricing information on our Website. We cannot confirm the pricing and total cost of a Product until online checkout is completed. In the event that a Product is listed and invoiced at an incorrect price or with incorrect information due to an error in pricing or Item information, we will have the right to either contact you for further instructions in relation to the payment, or cancel its order notifying you of such cancellation. In the event that we accept and process an order online, the total cost will be debited to you through its chosen Payment Method, and you will be notified by email that such payment has been applied.
7.4. Defective Products
We have the legal duty to supply all Customers with the Products in accordance with the information shown on our Website, and as set out in these Terms and Conditions. Nothing in these Terms and Conditions and/or our Privacy Policy will affect your legal rights in relation to Products that are defective and/or faulty and/or damaged.
If you consider that any of our Products are defective or misleading, please notify us at the following email address: customerservice@alexanderhurley.com. In this case, you may follow the return instructions as detailed in Section 9 below (Exchange and Return Policy).
7.5. Offers
Occasionally, we may provide special offers and discounts relating to certain Products on the Website. The conditions of use relating to any special offer or discount will be specified at the time these are available.
8. Delivery Policy
Your delivery order will only be processed during business days. We do not ship during holidays or nonbusiness days.
Our order process encompasses payment checking, Product preparation, and transporting your package to our preferred shipping company. Please keep in mind that your order will be shipped to you when we do not encounter any problem in regards to your payment process.
It is your duty to make sure that all shipping details (e.g. name, last name, address, etc) are correct and complete. We are not responsible for any delay caused by wrong address and/or no recipient at the intended address and/or when the recipient refuses to accept the package.
We will not be held responsible for any Products’ loss or damage after the package has been delivered and received by the recipient at the address provided by you.
It is your duty to cover any additional shipping fees for the returned package due to any information provided by you that is not accurate, or is mistaken.
We also will meet our obligation of free shipping for any shipping mistakes caused by us.
In the event that you and/or the recipient choose to refuse the delivery, you will be bound to pay all the shipping charges in order to return the Product to us.
9. Exchange and Return Policy
You may exchange or return any of our Products in accordance with this Section, if you would like a different size or color, or a refund.
We only accept returns if the Product is faulty or if you wish to exchange it (by different size/color/item/etc).
You have 30 continuous days from receiving your order to create your exchange or return request in your Customer Account on our Website; and to return us the relevant Product.
The returned Item must be unused, intact, unwashed, without stains, damages or modifications, in its original shoebox, placed inside a protective package, with any labels still attached and in conditions that enables us to sell the product as new.
We cannot accept any returned Items without their original tags and shoebox, and that are not in good, original conditions.
To return or exchange any Product, please proceed as follows:
1. Visit our Returns Center on our Website;
2. Enter your order number and email address to start;
3. Follow the instructions and select the Items you want to return;
4. Once your request is approved, you will get a confirmation email with shipping guidelines.
Please ensure before you return a Product that all original packaging is present and intact. Please place the shoebox inside protective packaging.
There is no cost to exchange your purchase. However, if you’re based outside the United States of America, taxes and duties are applicable.
10. Cancellation Policy
You may only cancel an order before the payment process has gone through. However, if for any reason Alexander Hurley Store is unable to fulfill the order, you will receive a cancellation notice by email. If payment has already been applied to the cancelled order, we will refund the same amount using the same method used when making the payment.
Alexander Hurley Store will have the right to cancel a Purchase Order due to Payment Method rejection.
You accept and acknowledge that, in the event that we reasonably determine that you have breached these Terms and Conditions and/or our Privacy Policy, we may cancel any purchase made by you on this Website, and that in such case we will not be liable to you, or to any third party for said cancellation.
11. Refund Policy
We will give you a refund for the full price of any Product properly returned by you in accordance with the terms of Section 9 above. However the original delivery charges and return costs are excluded.
We will only refund the funds received from you through the same payment method originally used by you to process the payment of your purchase.
Once we receive the returned Product, we will process the refund to you as soon as possible and, in any event, within 5 business days following the day we approve your refund request. The refund will be credited to your original Payment Method. However, refund time may vary depending on your payment method issuer.
12. Emails and Newsletters
We will send emails and newsletters to you, from time to time, to let you know about Products offers and important improvements and updates to our Website and Services. You will be able to opt out of these emails and newsletters at any time by clicking the unsubscribe option on such emails. However, we may send you other emails necessary for the operation of our Website and to provide you with our Services, such as password resets, logins from new devices, order confirmations, payment method rejections, pre-shipment invoice, among others, which not may be deactivated by you.
By accepting these Terms and Conditions, you expressly agree to receive the information described above, and also expressly accept receiving our ads.
13. Website Use and Restrictions
The use of this Website and Services are subject to the following rules and restrictions:
a) You must only use the Website in connection with the Services offered by Alexander Hurley Store;
b) You must use the Website and Services for personal use only;
c) You should not impersonate another person or misrepresent your affiliation with a person or entity;
d) You must not engage in any fraud, deception or theft, including but not limited to any fraudulent activity or scam against Alexander Hurley Store;
e) You must not use the Website and Services in violation of these Terms and Conditions and/or our Privacy Policy, as well as any applicable law or regulations;
f) You must not Infringe the Intellectual Property belonging to Alexander Hurley Store or other rights of any third party; and/or
g) You must not use or attempt to use the Website and Services, to:
i) Reverse engineer, disassemble, decompile, translate, reconstruct, transform or extract or any portion of the Website and/or our Services, including any related malware signatures and malware detection routines;
ii) Change, modify or otherwise alter the Website and/or Services;
iii) Provide or build a website and/or services that competes with Alexander Hurley Store’s Services;
iv) Forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the use of the Website and Services;
v) Upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” or “pyramid schemes”;
vi) Upload, post, email or otherwise transmit and/or promote any unlawful, threatening, violent, abusive, discriminatory, harassing, defamatory, libelous, derogatory, invasive of privacy, vulgar, obscene, bigoted or hateful, profane, scandalous, pornographic, indecent or otherwise objectionable material of any kind;
vii) Collect or store personal data without the knowledge and express consent of the data subject;
viii) Damage, disable or impair the operation of, or gain or attempt to gain unauthorized access to the Website and/or Services or any Product, property, devices, software, services, networks or data connected to, or inter-operating with the Website and/or Services, or to any content or data stored, accessed or delivered through the Website and/or Services, by any means, including by hacking, phishing, spoofing or seeking to circumvent or defeat any firewalls, password protection or other information security protections or controls of whatever nature; and/or
ix) Defeat or circumvent, attempt to defeat, or authorize or assist any third party in defeating or circumventing controls on the use of copies of any of the Website Services.
14. Website Maintenance
Alexander Hurley Store will make its best efforts to provide and/or make the Website and its Services, available in an uninterrupted manner to all its Customers. However, the Website and/or its Services may be subject to downtimes and/or may not be available temporarily due to scheduled maintenance activity initiated by us and/or by our service providers, and such scheduled maintenance activity may be notified to you through email by us. In addition, the Website and/or our Services may be unavailable due to unscheduled emergencies and/or for other causes beyond our reasonable control and for such unscheduled emergencies prior notice shall not be given by us.
15. Intellectual Property
Each and every intellectual property right and copyright held by Alexander Hurley Store in relation to the Website and its Services; as to any business name, logo, trademark, commercial secrets, patents, inventions, and know-how, including but not limited to any content, text, image, design, photograph, video, audio, graphic, button icon, pictures, advertising copy, URL, domain names, technology, software, as well as any right or interest derived therefrom, and the overall arrangement or “look and feel” of the Website, that currently exist and/or that have existed in the past and/or that may exist in the future with respect to Alexander Hurley Store and/or this Website and/or Services are exclusive property of, and belong solely to Alexander Hurley Store ("Intellectual Property"), and you expressly accepts that all moral and patrimonial rights to Intellectual Property belong solely and exclusively to Alexander Hurley Store.
By using this Website and Services, you will not obtain any ownership or other interest in the Website and Services, including any Intellectual Property belonging to Alexander Hurley Store.
16. Disclaimer of Warranties and Limitation of Liability
16.1. THE WEBSITE AND SERVICES, INCLUDING ANY INFORMATION AND/OR CONTENT ON OR ACCESSIBLE FROM OR THROUGH THE WEBSITE ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SECURITY OR ACCURACY.
16.2. ALEXANDER HURLEY STORE DOES NOT WARRANT AND DISCLAIMS THAT THE WEBSITE AND SERVICES WILL BE AVAILABLE AND/OR PROVIDED IN A TIMELY, SECURED MANNER, UNINTERRUPTED, FREE FROM ANY ERRORS, INCLUDING BUT NOT LIMITED TO VIRUSES OR OTHER MALICIOUS SOFTWARE.
16.3. ALEXANDER HURLEY STORE DOES NOT WARRANT THAT THE WEBSITE AND SERVICES WILL WORK PROPERLY ON ANY GIVEN DEVICE OR WITH ANY PARTICULAR CONFIGURATION OF HARDWARE AND/OR SOFTWARE, OR THAT ANY SERVICE WILL PROVIDE COMPLETE PROTECTION FOR THE INTEGRITY OF SELECTED DATA, INFORMATION OR CONTENT STORED OR TRANSMITTED VIA THE INTERNET.
16.4. YOU AGREE AND ACKNOWLEDGE THAT YOU PURCHASE THE PRODUCTS AVAILABLE ON OUR WEBSITE AT YOUR OWN CHOICE AND RISK AND THAT YOU HAVE CAREFULLY REVIEWED THE INFORMATION AND DETAILS OF EACH PRODUCT PRIOR TO PLACING YOUR ORDER ON OUR WEBSITE.
16.5. ALEXANDER HURLEY STORE ONLY OFFERS WARRANTY PROVIDED BY EACH SHOE BRAND, IN ACCORDANCE WITH ITS WARRANTY POLICY.
16.6. ALEXANDER HURLEY STORE RESERVES THE RIGHT TO MODIFY OR DISCONTINUE ALL OR PART OF ITS WEBSITE SERVICES, EITHER TEMPORARILY OR PERMANENTLY.
16.7. YOU AGREE THAT ALEXANDER HURLEY STORE MAY IMMEDIATELY SUSPEND OR TERMINATE THE AVAILABILITY OF ANY PRODUCT ON THE WEBSITE WITHOUT NOTICE AND ANY LIABILITY TO YOU OR ANY THIRD PARTY.
16.8. IF YOU USE ANY OF OUR PRODUCTS FOR ANY COMMERCIAL, BUSINESS OR RESALE PURPOSE, ALEXANDER HURLEY STORE WILL NOT BE HELD LIABLE TO YOU FOR ANY LOSS OF BUSINESS, LOSS OF ANTICIPATED PROFIT OR SAVINGS, BUSINESS INTERRUPTION OR LOSS OF BUSINESS OPPORTUNITY.
16.9. ALEXANDER HURLEY STORE WILL NOT BE HELD RESPONSIBLE FOR ANY PRODUCT LOSS OR DAMAGE AFTER THAT THE PACKAGE HAS BEEN DELIVERED AND RECEIVED BY THE RECIPIENT AT THE ADDRESS PROVIDED BY YOU.
16.10. TO THE FULL EXTENT PERMITTED BY LAW, IN NO EVENT WILL ALEXANDER HURLEY STORE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, SPECIAL OR EXEMPLARY DAMAGES OR LOSSES WHATSOEVER, WITHOUT REGARD TO CAUSE OR THEORY OF LIABILITY.
16.11. ALEXANDER HURLEY STORE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY, FOR THE SUSPENSION, CANCELLATION, TERMINATION OR DISCONTINUATION OF THE WEBSITE AND/OR SERVICES, CAUSED BY FORCE MAJEURE OR THIRD PARTIES.
16.12. ALEXANDER HURLEY STORE WILL BE HELD LIABLE SHOULD IT FAIL TO COMPLY WITH THESE TERMS AND CONDITIONS AND WITH ITS PRIVACY POLICY CAUSING ANY LOSS OR DAMAGE TO YOU THAT WAS FORESEEABLE, AND AS A RESULT OF ALEXANDER HURLEY STORE BREACH, OR IF IT SHOULD FAIL TO USE REASONABLE CARE AND SKILL. HOWEVER, ALEXANDER HURLEY STORE, THE WEBSITE AND/OR STORE WILL NOT BE HELD LIABLE FOR ANY LOSS OR DAMAGE TO YOU THAT WERE NOT FORESEEABLE. FORESEEABLE LOSS OR DAMAGE WILL BE UNDERSTOOD IF AN EVENT IS OBVIOUS OR ABLE TO BE PREDICTED AT THE TIME YOU USE THE WEBSITE AND SERVICES, AND CAN BE ANTICIPATED BY BOTH ALEXANDER HURLEY STORE AND YOU.
16.13. THE EXCLUSIONS AND LIMITATIONS OF ALEXANDER HURLEY STORE LIABILITY CONTAINED IN THESE TERMS AND CONDITIONS AND OUR PRIVACY POLICY, WILL NOT LIMIT OR EXCLUDE THEIR POTENTIAL LIABILITY FOR ANY MATTER THAT MAY NOT OTHERWISE BE LIMITED OR EXCLUDED BY APPLICABLE LAWS.
16.14. THE DISCLAIMERS AND LIABILITY LIMITATIONS SET FORTH IN THIS SECTION 16 ON BEHALF OF ALEXANDER HURLEY STORE, INCLUDE ITS OWNERS, WEBSITES, DIGITAL APPLICATIONS, PARTNERS, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, DIRECTORS, PARTNERS OR ANY OTHER PERSON ASSOCIATED THEREWITH.
17. Termination
These Terms and Conditions and our Privacy Policy, will immediately terminate if you breach any of the obligations set forth in such agreements which may result in your Customer Account suspension and/or cancellation of any ongoing order or purchase you have placed on our Website. Alexander Hurley Store reserves the right to any other remedies available under law in the event that you breach any of the obligations under such agreements.
Please note that Alexander Hurley Store shall not be liable to you or any third party, for the suspension and/or cancellation of your Customer Account and/or the suspension, cancellation, termination or discontinuation of any of our Website Services.
18. Indemnity
You declare that the use of this Website and Services is intended for lawful purposes only and complies with all applicable laws and regulations.
You expressly agree to indemnify and hold harmless Alexander Hurley Store, including its websites, digital applications, owners, partners, subsidiaries, affiliates, third parties and their respective officers, directors, agents and employees against any and all claims brought by any third party for actions arising out of or related to unauthorized use of the Website and/or our Services, including but not limited to any fraudulent and/or illegal activity attempted performed by you that violates or is alleged to violate and/or that Alexander Hurley Store has reason to believe that it violates these Terms and Conditions and/or our Privacy Policy and/or any applicable law or regulation and/or third party intellectual property rights and/or any other rights.
19. Force Majeure
If Alexander Hurley Store is prevented from carrying out its obligations under these Terms and Conditions and/or its Privacy Policy as a result of any cause beyond its reasonable control, including but not limited to unavailability of any communication system, virus attack, breach and/or sabotage in our technological systems, as well as Acts of God, war or other violence, strikes or labor disputes, lock-outs, epidemics or pandemics, lockdown, quarantine measures, floods and failure of service providers, interruptions, loss or malfunctions of utilities, such as electric and/or internet service and others services; just as acts of government, including but not limited to any law, order, proclamation, regulation, ordinance, demand, or requirement of any governmental agency, then in such an event, Alexander Hurley Store shall be relieved from its obligations and liabilities under these Terms and Conditions and/or its Privacy Policy, as such fulfillment of the obligation is prevented.
20. Links to Third-Party Websites
The Website may include links to third-party websites, such as links from advertisers, sponsors, content partners, and third parties. The inclusion of any link on the Website does not imply our endorsement or association with those websites, their content or their operators, and Alexander Hurley Store expressly disclaims any responsibility for the content, the materials, the accuracy of the information, or the quality of the products or services provided by, available through, or advertised on these third-party websites.
You agree and acknowledge that the use of any website controlled, owned or operated by a third party is governed by the terms and conditions of use and privacy policies in those websites. You also accept and acknowledge that you access such third-party websites at your own risk.
21. Changes to these Terms and Conditions
Alexander Hurley Store reserves the right to modify all or part of these Terms and Conditions at any time. The modified Terms and Conditions will be published on our Website and will become effective 7 continuous days following its publication on our Website. In case you do not agree to such changes, you must indicate so by sending an email to: customerservice@alexanderhurley.com within 7 continuous days following such publication, in which case you must leave the Website immediately and also suspend the use of our Services.
Upon expiration of the term above, it will be understood that you accepted such modifications made to these Terms and Conditions.
22. Disputes Resolution
You expressly agree that any controversy or claim arising out of or relating to these Terms and Conditions and/or our Privacy Policy or its validity ("Disputes") which cannot be resolved amicably between the parties within thirty (30) continuous days from the date this is being caused, shall be definitively resolved through the application of the American Arbitration Association Rules. The place of arbitration shall be Phoenix, State of Arizona, United States of America. The language of the arbitration shall be English. Any award rendered by the Tribunal shall be made in writing and shall be final and binding on the parties. Judgment upon the award rendered by the Arbitrator may be entered in any Court having jurisdiction thereof.
You expressly agree that if the arbitration fails to render a mutually agreed resolution, the Courts of Phoenix, State of Arizona, United States of America will be deemed to have jurisdiction.
23. Governing Law and Jurisdiction
These Terms and Conditions and our Privacy Policy shall be governed by and construed in accordance with the applicable federal laws in the United States of America and with the law in force in the State of Arizona, United States of America, without giving effect to any choice of law rules or principles that may result in the application of the laws of any jurisdiction other than State of Arizona, United States of America and regardless of the nationality of the Parties, without prejudice of Section 22 above any litigation shall be brought in the Courts of Phoenix, State of Arizona, United States of America.
24. Miscellaneous
24.1. Entirety: These Terms and Conditions along with our Privacy Policy, constitutes the entire agreement between Alexander Hurley Store and you, and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. entered into with respect to any prior purchase made by you or Service previously provided by Alexander Hurley Store.
24.2. Assignment: You may not assign your rights or obligations under these Terms and Conditions and/or our Privacy Policy without the prior written consent of us. Alexander Hurley Store may assign these Terms and Conditions and/or its Privacy Policy at any time in its sole discretion without any prior written consent by you.
24.3. Severability: If a court of competent jurisdiction holds any provision of these Terms and Conditions and/or our Privacy Policy to be invalid, such invalid provision shall be severed and have no effect on the remaining provisions of such documents, and they shall continue in full force and effect.
24.4. No Waiver: Alexander Hurley Store's failure to insist upon strict performance of any provision of these Terms and Conditions and/or its Privacy Policy shall not be deemed to be a waiver of its rights or remedies in respect of any present or future default of you in performance or compliance with any obligation on these agreements.
24.5. Interpretation: The headings in these Terms and Conditions and our Privacy Policy do not affect its interpretation. The use of any gender includes all genders. The singular includes the plural and vice-versa. Where a word or phrase is defined, its other grammatical forms have a corresponding meaning. These Terms and Conditions and our Privacy Policy, were originally prepared in the English language. Although we may provide one or more translated versions of these Terms and Conditions and our Privacy Policy for your convenience, the English language version of these documents will be the governing version of therein in case of any conflict or discrepancy. In the event that an ambiguity or question of intent or interpretation arises, in any judicial proceeding or otherwise, the provisions of these Terms and Conditions and our Privacy Policy will be construed as having been drafted jointly by you and us, and no presumption or burden of proof will arise favoring or disfavoring any party by virtue of the authorship of any provisions of such agreements.
25. Contact Us
For any questions, comments, or complaints regarding these Terms and Conditions or our Website and Services, you may address to us by sending an email to: customerservice@alexanderhurley.com and that email receipt must be acknowledged by us, and in the event that delivery fails, notice can be sent by mail to the address mentioned below:
Alexander Hurley
2328 W. Tanque Verde Ct, Chandler, AZ, 85224
United States of America
26. Definitions
- “Alexander Hurley Store” and/or “Store'' and/or "We" and/or "Us" means collectively our Footwear Store along with its Website and Services.
- “Account” and/or “Alexander Hurley Account” and/or “Customer Account” means the account that each Customer must create when registering in this Website to purchase any of the Products offered by us and use our Services.
- “Data Controller” means any individual or entity who, alone or when joined with others, determines the purposes of any personal information and the means of processing it.
- “Data Processor” means any individual or entity which processes personal information on behalf of the Data Controller.
- “Device” means smartphones, tablets, laptops, desktops and any other similar digital or electronic equipment.
- “Payment Method” means any valid credit card.
- “Personal Information” means the information provided by you when you register on our Website to use our Services.
- “Privacy Policy” means the document that governs our data privacy and security practices, regarding your Personal Information.
- “Product” and/or “Products” and/or “Item” and/or “Items” means any of the shoes or items offered by us through our Website.
- “Service” and/or “Services” means our online shopping and shipping services, as described in Section 3 to this document.
- “Terms and Conditions” means this document that governs the use of our Website and our Services.
- "You" and/or "Customer" and/or "Customers" means any individual who accesses and browses and/or registers on our Website to use our Services and purchase any of the Products offered by Alexander Hurley Store.
- “Website” means www.alexanderhurley.com.
Last Updated: 11/18/2021.
