PRIVACY

We at AQUA ĈIELE ę TÉRRE have the utmost respect for our customers’ privacy. In no way will we violate this philosophy. We will not release any information gathered about our customers.
Any information that we gather from our customers will be compiled anonymously and used solely for our statistical purposes. The statistical information we gather from our customers will be used to help us enhance the shopping experience for our customers.
Any privacy concerns should be directed to [email protected]; we take all privacy concerns very seriously and will respond appropriately and quickly. Our customers have been our number one priority and will continue to be our first priority in the future.

TERMS & CONDITIONS

We” or “our”:  In this Agreement means AQUA ĈIELE ę TÉRRE, LLC.

“You” or “Your”:  In this Agreement means you, the buyer.

In General
AQUA ĈIELE ę TÉRRE “aquacieleeterre.com” owns and operate this Website.  This document governs your relationship with snappsandals.com “Website”. Access to and use of this Website and the products and services available through this Website (collectively, the “Services”) are subject to the following terms, conditions and notices (the “Terms of Service”). By using the Services, you are agreeing to all of the Terms of Service, as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms of Service.

Access to this Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of this Website.
This Website may contain links to other websites  “Linked Sites”, which are not operated by snappsandals.com. snappsandals.com has no control over the Linked Sites and accepts no responsibility for them or for any loss or damage that may arise from your use of them. Your use of the Linked Sites will be subject to the terms of use and service contained within each such site.

Privacy Policy Statement 

Your privacy is important to us.   For that reason we do not sell information gathered about our customers to anyone.

You must not misuse this Website. You will not: commit or encourage a criminal offense; transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person’s proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as “spam”; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website. Breaching this provision would constitute a criminal offense and snappsandals.com will report any such breach to the relevant law enforcement authorities and disclose your identity to them.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it.

Intellectual Property, Software and Content
The intellectual property rights in all software and content (including photographic images) made available to you on or through this Website remains the property of snappsandals.com or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by aquacieleeterre.com and its licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise.

Terms of Sale
By placing an order you are offering to purchase a product on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price.  Dispatch times may vary according to availability and subject to any delays resulting from postal delays or force nature for which we will not be responsible.
In order to contract with snappsandals.com you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us. snappsandals.com retains the right to refuse any request made by you. If your order is accepted we will inform you by email and we will confirm the identity of the party which you have contracted with. This will usually be aquacieleeterre.com or may in some cases be a third party. Where a contract is made with a third party aquacieleeterre.com is not acting as either agent or principal and the contract is made between yourself and that third party and will be subject to the terms of sale which they supply you. When placing an order you undertake that all details you provide to us are true and accurate, that you are an authorized user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods. The cost of foreign products and services may fluctuate. All prices advertised are subject to such changes.

(a) Our Contract
When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order: this email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us will not be formed until we send you confirmation by e-mail that the goods which you ordered have been dispatched to you. Only those goods listed in the confirmation e-mail sent at the time of dispatch will be included in the contract formed.

(b) Pricing and Availabilityrules, if you are a reseller in Arizona you must provide the correct forms before the State tax is removed from your order.

Canceled order

If after you place your order and you decide to cancel your order, we will gladly do so only if the order has not been shipped.  To cancel, you must notify us no later than the next business day after placing your order.  A $10.00 processing fee will applied.

Whilst we try and ensure that all details, descriptions and prices which appear on this Website are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund.
Delivery costs will be charged in addition; such additional charges are clearly displayed where applicable and included in the ‘Total Cost’.

(c) Payment
Upon receiving your order we carry out a standard authorization check on your payment card to ensure there are sufficient funds to fulfill the transaction. Your card will be debited upon authorization being received. The monies received upon the debiting of your card shall be treated as a deposit against the value of the goods you wish to purchase. Once the goods have been dispatched and you have been sent a confirmation email the monies paid as a deposit shall be used as consideration for the value of goods you have purchased as listed in the confirmation email.

Sales Tax

We are not required to collect sales or use taxes on deliveries within the US, except where we have a business location.  For customers within Arizona, all applicable taxes will be added to your order.  To satisfy consumer-reporting e billed against your credit card.

Refused Shipment

Customers shall be charged all shipping charges, and a 10% restocking fee for all refused shipments (this covers the cost to receive and inspect all returned items).

Returns and Refunds 

Within 14 days of receipt of your merchandise we will accept your returns.  All returns require inspection upon receipt before any refund is transacted.

All returned merchandise must be in the original packaging, and include all the parts, instruction, and accessories.  To return merchandise, you must contact us at snappsandals.com and we will provide the return shipping address.  All refunds will be issued less the actual shipping cost incurred to deliver the merchandise.

Disclaimer of Warranties:  WE DISCLAIM ALL IMPLIED WARRANTIES AND SIMILAR OBLIGATIONS (OTHER THAN GOOD TITLE) INCLUDING BUT NOT LIMITED TO THOSE OF FITNESS FOR A PARTICULAR PURPOSE, AND MERCHANTABILITY, WHETHER OTHERWISE ARISING BY LAW, CUSTOM, USAGE, TRADE PRACTICE, COURSE OF DEALING, OR COURSE OF PERFORMANCE. There are no warranties which extend beyond those express warranties contained in the Agreement. You the buyer affirm that you have not relied upon our skill or judgment to select or furnish the merchandise for any particular purpose beyond its normal, ordinary use.

Governing Law

The validity and interpretation of this Agreement, the rights and obligations of the parties to this Agreement, and any and all disputes arising out of or relating to this Agreement shall be governed by, enforced, and construed in accordance with the laws of the State of Arizona, without regard to any otherwise applicable conflict of laws rules or requirements.
Venue.  This Agreement is performable and enforceable in the state and federal courts located in the State of Arizona, and you consent to the exclusive jurisdiction of those courts in any dispute arising out of this Agreement that is not subject to arbitration.

Agreement to Arbitrate 

You agree that, except as expressly set forth below, the sole and exclusive forum and remedy for any and all disputes and claims that cannot be resolved informally and that relate in any way to or arise out of your purchase of our merchandise, shall be final and binding arbitration, except to the extent that either party has, in any manner infringed upon or violated or threatened to infringe upon or violate the rights of either party or any third party patent, copyright, trademark, trade secret, privacy or publicity rights, in which case both sides acknowledge that arbitration is not an adequate remedy at law and that injunctive or other appropriate relief may be sought by either party and/or the applicable third party(ies). You and we acknowledge that the Agreement affects interstate commerce and that the Federal Arbitration Act and federal arbitration law apply to arbitrations under the Agreement (despite any other choice of law provision).

Arbitration under this Agreement shall be conducted by the American Arbitration Association (the “AAA”). For claims of less than $75,000, the AAA’s Supplementary Procedures for Consumer-Related Disputes will apply; for claims over $75,000, the AAA’s Commercial Arbitration Rules will apply. The AAA rules are available at www.adr.org or by calling 1-800-778-7879. Upon your filing of the arbitration demand, we will pay all filing, administration and arbitrator fees for claims that total less than $75,000. For claims that total more than $75,000, the payment of filing, administration and arbitrator fees will be governed by the AAA Commercial Arbitration Rules. Regardless of the size of the claim and except as expressly set forth herein, you and we agree to pay our own other fees, costs, and expenses, including those for any attorneys, experts, and witnesses. An arbitrator may award on an individual basis any relief that would be available in a court, including injunctive or declaratory relief and attorneys’ fees and expenses. As a limited exception to the mutual agreement to arbitrate, you and we agree that either party may take claims to small claims court, if the claims qualify for hearing by such court.

The arbitration shall take place in Maricopa County, Arizona.

WE BOTH AGREE AND UNDERSTAND THAT BY USING ARBITRATION TO RESOLVE DISPUTES WE ARE GIVING UP ANY RIGHT THAT WE MAY HAVE TO A JUDGE OR JURY TRIAL WITH REGARD TO ALL CLAIMS SUBJECT TO THIS AGREEMENT.

You agree that regardless of any statute or law to the contrary, any claim of cause of action arising from or relating to the purchase of our merchandise must be filed within one (1) year after such claim or cause of action arose, or will be forever barred.

Disclaimer of Product Liability
The AQUA ĈIELE ę TÉRRE products is provided as is without any guarantees or warranty. In association with the product, AQUA ĈIELE ę TÉRRE makes no warranties of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, of title, or of non infringement of third party rights. Use of the product by a user is at the user’s risk.

Disclaimer of Liability
The material displayed on this Website is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law aquacieleeterre.com and its suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website or the Linked Sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise. This does not affect aquacieleeterre.com’s liability for death or personal injury arising from its negligence, fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.

Linking to this Website
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission without notice.

Disclaimer as to ownership of trade marks, images of personalities and third party copyright
Except where expressly stated to the contrary all persons (including their names and images), third party trade marks and content, services and/or locations featured on this Website are in no way associated, linked or affiliated with aquacieleeterre.com and you should not rely on the existence of such a connection or affiliation. Any trade marks/names featured on this Website are owned by the respective trade mark owners. Where a trade mark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to aquacieleeterre.com.

Indemnity
You agree to indemnify, defend and hold harmless aquacieleeterre.com, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use this Website or your breach of the Terms of Service.

Variation
aquacieleeterre.com shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the Services and/or any page of this Website.

Invalidity
If any part of the Terms of Service is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Service will not be affected all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.

Complaints
We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments.

Waiver
If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.

Entire Agreement
The above Terms of Service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and aquacieleeterre.com. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by a Director of aquacieleeterre.com.