Terms & Conditions
TERMS & CONDITIONS – COMMANDO-M LIMITED
1. These terms and conditions (“Terms & Conditions”) constitute a legally binding contract between the customer ("you, your, Customer") and Commando-M Limited (“Commando-M, us, we, our”) trading as Commando-M from the top level domain name www.commando-m.com ("Website") and apply to the ordering, purchasing, fulfilment and delivery of your shoes or any other product from the Website (“Shoes”).
2. Please read the following Terms and Conditions carefully before placing your order. The Terms and Conditions contain important information about ordering, processing, fulfilment and delivery of your Shoes. You agree to be bound by the Terms and Conditions by accessing the Website, regardless of whether you create an account or make a purchase. By making a placing an order on our Website, you must tick the box to accept our Terms and Conditions and by doing so you are accepting our Terms and Conditions.
3. If you breach any of the Terms and Conditions, you are prohibited to continue using the Website. If you do not agree with any part of these Terms and Conditions you must leave this Website immediately.
4. These Terms and Conditions may be updated periodically by Commando-M. Revisions will be posted to this page. You agree to be bound by any revisions.
"Administrative Emails" involve details of account activity and purchases you have made.
"Direct Import Goods" means those Shoes available from Commando-M via the Website and shipped to any overseas destination outside of New Zealand.
"Promotional Emails" consist of product information, new offers and information about commando-m. You may choose to opt-out of receiving Promotional Emails anytime by simply clicking the unsubscribe button at the bottom of our emails and following the instructions.
"Taxes" means any taxes (including goods and services tax and other value added taxes), levies, imposts, charges and duties (including stamp and transaction duties, import and export duties) imposed by any authority together with an related interest, penalties, fines and expenses in connection with them in relation to a transaction contemplated under these Terms and Conditions.
COMMUNICATION BY US
PLACING YOUR ORDER
7. You may place an order with Commando-M by completing the order form on the Website and clicking the "Submit My Order" button.
8. When you place your order, we will issue you with an invoice number by email. Please note that this is not a confirmation that your Order has been accepted.
9. By placing an order, you make an offer to us to purchase the Shoes you have designed, or other product you have selected, based on these Terms and Conditions.
10. Information contained on the Website constitutes an invitation to treat. No information on the Website constitutes or should be deemed as an offer by us to supply any Shoes or other products, however Commando-M will make every effort to supply the Shoes you have designed and or purchased to you.
11. We will notify you that your order is being processed by sending an order confirmation email to you. We do not formally accept your offer until your order has passed our internal validation procedures for:
Verifying the bona fides of each order placed, for the purpose of preventing credit card or payment fraud; and
Confirming with our suppliers that they are able to supply the Shoes you have designed.
12. Formal acceptance of your offer will occur when we email you confirming your order and, where you have ordered a pair of custom designed Shoes, where we provide you with the first update on the making of your Shoes.
13. If we cannot process or accept your order after payment is received we will contact you by email or telephone.
14. You acknowledge that all Shoes that you order are intended for personal, domestic, or non-commercial use only.
Commando-M and its affiliates reserve the right to refuse service, decline orders on the basis of copyright or intellectual property infringement, obscenities, indecencies, and or terminate accounts, remove or edit content, or cancel orders in their sole discretion.
16. You agree not to post or transmit to the Website any material which:
Is threatening, defamatory, obscene, offensive, indecent, pornographic, abusive, discriminatory, liable to incite hatred, is in breach of confidence, or privacy, or is proprietary;
Is not properly licensed for use on this Website;
Violates or infringes the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any person;
Constitutes or encourages an illegal act -- including criminal or civil liability, or acts which are otherwise prohibited by the law of any relevant country in the world;
Infringes on the rights of a third party in any country in the world; or
Has the potential to cause technical damage to the Website, or the equipment of other users of the Website (including, without limitation, viruses, trojans, worms, corrupted data or other malicious data or code).
17. You agree to not attempt to "hack" the Website or any other websites you do not own. This includes without limitation, trying to guess users passwords, "phishing", accessing "hidden" URLs, attempting to trigger remote code for the purpose of accessing data or material you would not otherwise have access to. You may not reverse engineer, decompile, or disassemble the Commando-M designer.
18. You will indemnify Commando-M for any breach of these terms and conditions and any breach of any third party rights, particularly breach of copyright, trademark and other intellectual property rights for which you are not authorised to use, and shall be required to pay damages to Commando-M for any such breach upon demand.
ACCESS TO COMMANDO-M
19. Commando-M may assign you a password and account identification to enable you to access and use certain portions of the Website. Each time you use a password or identification, you will be deemed to be authorised to access and use the Website in a manner consistent with these Terms and Conditions. Commando-M has no obligation to investigate the authorisation or source of any such access or use of the Website. You are solely responsible for all access to and use of the Website by anyone using the password and identification originally assigned to you whether or not such access to and use of the Website is actually authorised by you, including without limitation all, communications and transmissions and all obligations (including without limitation financial obligations) incurred through such use of access. You are solely responsible for protecting the security and confidentiality of the password and identification information assigned to you. You will immediately notify Commando-M of any unauthorised use of your password or identification or any other breach or threatened breach of this Website's security.
20. Commando-M will use its reasonable endeavours to ensure the availability of the Website, subject to any downtime required for maintenance. However, Commando-M takes no responsibility for any system unavailability, or for any loss that is incurred as a result of the Website being unavailable. Further, Commando-M assumes no responsibility for the corruption of any data or information held by Commando-M. We may at any time and without notice change the format and content of this Website; stop providing, suspend or restrict your access to this Website if you do not comply with any obligation you have to us (whether under these terms of otherwise); or stop providing or suspend the operation of this Website (in whole or in part)
21. No one under the age of 16 years shall be permitted to provide personal information, and minors under the age of 18 years shall be prohibited from placing and order for Shoes.
PAYMENT & CREDIT CARD FRAUD
22. We accept payment through PayPal. Payment can be made by all major credit/debit cards and any other methods stated on the Website from time to time. Payment will be debited from your account once an order is placed. You agree to provide payment details that are both valid and correct and you verify that you are the person referred to in the billing information provided. You confirm that you are the owner of the credit/debit card that is being used or that you have been specifically authorised by the owner of the credit/debit card to use it. All credit/debit cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of your card refuses to authorise payment to Commando-M, we will not be liable for any delay or non-delivery.
23. PayPal uses Secure Sockets Layer (SSL) technology to ensure your shopping experience is safe and secure. We take reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from the Website.
RETURNS & REFUNDS
24. Shoes that don't fit - If you receive your Shoes (excluding custom made and designed Shoes) and they don't fit correctly, please contact us as soon as you can within 30 days of receiving your order. As long as they’re in an unworn condition, and you post or courier them back to us at your cost, we will happily exchange them for a different size. This will incur a courier fee for sending you the new size. If you have any questions about the fit of your shoes, please contact us. Custom made and designed Shoes are unable to be exchanged so please ensure your fit is correct.
25. Faulty Items - Your Shoes will be considered faulty if they are received damaged, or a manufacturing fault occurs within 365 days of purchase. Shoes damaged as a result of normal wear and tear are not considered to be faulty.
26. Upon receipt of the goods, we require you to examine the goods and you will in any case be deemed to have done so. We shall not be liable for any non-delivery of any goods unless you give us written notice of the non-delivery within seven (7) working days of the date when the goods would or should, in the ordinary course of events, have been received by you. If the goods are received damaged or defective, please contact us immediately for a refund or exchange.
27. In all other circumstances the New Zealand Consumer Guarantees Act 1993 and Fair Trading Act 1986 apply to our Shoes within New Zealand.
SUPPLY OF PRODUCTS
28. Subject to these Terms and Conditions, we will supply to you the Shoes indicated on your order confirmation. All pricing is correct at the time of publication, however we reserve the right to alter prices at any time. Should this occur after you have placed an order we shall notify you immediately and prior to processing your order. We reserve the right to withdraw any Shoes from sale without notice and for any reason. We do not undertake that every Shoe on the Website shall be available at all times.
29. When designing your Shoes, the file supplied by you is a representation only; the actual Shoe that is custom made for you may differ to the represented images. Your ability to return shoes is subject to the Commando-M Returns and Refunds section.
30. When your Shoes have been dispatched, we will email you to confirm shipment of your Shoes including a tracking number for each shipment (if applicable).
DELIVERY OF YOUR PRODUCTS
31. The making of your Shoes and delivery time takes up to 35 working days from the date your payment is received. In all instances estimated delivery times will be displayed at the checkout for your product.
32. Commando-M makes every effort to deliver your custom made Shoes purchased from the Website according to the estimated delivery times provided at checkout. The estimated delivery times are in business days (Monday through Friday) excluding Public holidays however, we do not guarantee that we will deliver within this time frame.
33. Every effort is made to ship your order according to the estimated delivery times provided. Estimated ship times may vary or change due to changes in supply or circumstances beyond our control. If your custom made Shoes has not arrived after the estimated delivery time, please contact us. We encourage you to visit the "Your Account" section on our Website to view the delivery status of your custom made shoes or other product.
34. Unless otherwise agreed by us, we will deliver your Shoes to the address indicated on your order confirmation. If no one is available to take delivery of your order, our carrier may leave a card so you can pick-up your custom made Shoes or other product from the carrying agent.
35. Risk and Title in your Shoes passes to you on the date and time of delivery of the Shoes to Commando-M's nominated delivery agent whether in New Zealand or in the country of export.
DISCLAIMER AND LIABILITY
36. The information, services, products and materials contained in this site, including, without limitation, text, graphics, and links, are provided on an “as is” basis with no warranty. To the maximum extent permitted by the law, Commando-M disclaims all representations and warranties, express or implied, with respect to such information, services, products, and materials, including but not limited to warranties of merchantability, fitness for a particular purpose, title, non-infringement, freedom from computer virus, and implied warranties arising from course of dealings or course of performance. In addition, Commando-M does not represent or warrant that the information accessible via the Website is accurate, complete or current. Price and availability information is subject to change without notice
37. In no event shall Commando-M be liable for any direct, indirect, special, punitive, incidental, exemplary or consequential, damages, or any damages whatsoever, even if Commando-M has been previously advised of the possibility of such damages, whether in an action under contract, negligence, or any other theory, arising out of or in connection with the use, inability to use, or performance of the information, services, products, and materials available from this Website. These limitations shall apply notwithstanding any failure of essential purpose of any limited remedy. Because some jurisdictions do not allow limitations on how long an implied warranty lasts, or the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to you.
CUSTOMS AND DUTIES
38. All pricing is displayed in New Zealand Dollars and is inclusive of New Zealand Goods and Services Tax (GST) if you have logged on to our Website from within New Zealand. All pricing is displayed in US Dollars and is exclusive of New Zealand Goods and Services Tax (GST) if you have logged on to our Website from outside of New Zealand and the delivery address is outside of New Zealand. In respect of an order of Direct Import Goods, Taxes may be levied with respect to the Shoes by the destination country to which the Shoes will be delivered and/or the country from which the Shoes are shipped. You will be the importer of record for the purpose of customs and border processing and, as the importer of the Shoes, you agree that you are liable to pay such Taxes to the relevant authority in addition to your payment to us of the price and delivery charge. It is your responsibility to determine whether any such Taxes apply in your destination country for delivery or the country from which the Shoes are shipped. You agree that Commando-M is not liable to you with respect to any loss, damage, cost or expense that you incur as a result of your obligation to pay Taxes in a particular jurisdiction.
CUSTOM MADE SHOE DESIGNS & SHOPS
39. All Shoes offered for sale by Commando-M on the Website (excluding custom made and designed Shoes) and the designs contained for each Shoe are the property of Commando-M and all rights are reserved in respect of intellectual property rights. You shall not use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, create derivative works from such Shoes by any means and in any form, and to translate, modify, reverse-engineer, disassemble, or decompile such Shoes.
40. Anything that you submit or post to the Website and/or provide Commando-M, in the form of Shoe designs and one-off or custom made Shoes (collectively, "Shoe Submissions") is and will be treated as confidential and proprietary information to you, and you will retain all intellectual property rights to your Shoe Submission. Commando-M reserves the right to use images of your Shoe Submission in its Website but will not reproduce, licence, or manufacture your Shoe Submission without your prior consent. Anything else you submit or post to the Website including without limitation, ideas, know-how, techniques, questions, reviews, comments, and suggestions (collectively “Submissions”) will be treated as non-confidential and non-proprietary and Commando-M shall have the full free and unrestricted right to use such Submissions by any means and by any form it sees fit.
41. Commando-M will offer you the opportunity to open a shop window (“Shop”) on the Website to sell your Shoe Submission if you wish. By opening a Shop you agree that Commando-M has the full right to manage the Shop, all orders from the Shop, all manufacture and delivery requirements and the right to set the price for any Shoes sold in any Shop at their sole discretion. You also agree that by opening a Shop Commando-M has an exclusive worldwide licence to use your Shoe Submission and you shall not have the right to use your Shoe Submission on any other form of footwear for the period your Shop remains open. Further Commando-M retains the right to close any Shop at any time should a lack of sales from such Shop warrant at their sole discretion.
42. Any Shop that sells in excess of 6 pairs of Shoes from a Submission will be entitled to receive a Commission Contract from Commando-M, which will provide for the payment of 10% commission from Commando-M to you on a monthly basis for every subsequent pair of Shoes sold from your Shop . All terms and conditions are contained within the commission Contract.
43. Outbound links from this Website are provided for your convenience. Commando-M has not reviewed these websites in any great detail, and cannot vouch for the content on these pages. You agree to access these links entirely at your own risk.
44. You are welcome to link to the Website provided you do so tastefully. If we feel your link is not in good taste, or is damaging to our brand (beyond mere criticism), we reserve the right to withdraw the right to link to the Website. You agree to remove the offending link at this time.
45. Commando-M shall not be liable for any delay in performing any of its obligations under these Terms and Conditions if such delay is caused by circumstances beyond the reasonable control of Commando-M, and Commando-M will be entitled to a reasonable extension of time for the performance of such obligations.
GOVERNING LAW AND SEVERABILITY
46. The laws of New Zealand will govern this contract. Any dispute arising out of your use of the Website, or the Shoes purchased on it shall be subject to the exclusive jurisdiction of the courts of that jurisdiction.
47. You shall not assign any rights and obligations under these Terms and Conditions whether in whole or in part without the prior written consent of Commando-M. Any unauthorised assignment shall be deemed null and void.
48. If any provision of these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Terms and Conditions and the remainder of the provisions in question shall not be affected.
49. Our Shoes come with guarantees that cannot be excluded under the New Zealand Consumer Law. You are entitled to a replacement or refund for a major failure. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
50. Neither our failure nor your failure to enforce any part of these Terms and Conditions constitutes a waiver of such Terms and Conditions. Such failure will in no way affect the right to later enforce a part of these Terms.
51. No Commando-M employee or agent has the authority to vary any of the Terms and Conditions.
52. All site design, text, graphics, interfaces, and the selection and arrangement thereof are © 2013, Commando-M. All rights reserved. Any use of materials on this Website, including reproduction for purposes, modification, distribution, or republication, without prior written permission of Commando-M is strictly prohibited.