Terms & Conditions updated: October 30 2017

1. General Information

1.1. The sale of the products (“Products”) offered on our website www.xywstar.com (the “Website”), featuring the “xywstar” trademark (the “Trademark”) is regulated under these general sales conditions (the “Terms & Conditions”)

1.2 The Embassy Inc. dba xywstar (“xywstar”) reserves the right to apply specific contractual estimations (the “Specific Estimations”) to any order (hereinafter “Order” or “Orders”). In such case, the contractual conditions applicable to an Order will be both the Terms and the Specific Estimations, which are intended to be independent and separate contracts from each other.

1.3 The Products are directly sold in U.S.A. by xywstar, by the Company THE EMBASSY INC. dba xywstar, 1140 Bay Street - 2c, Staten Island, NY 10305.

2. Trade Policy

2.1. The Products are only intended for sale to individuals who are end-user consumers (“Customers”). Customers include the individual adult who acts for purposes not related to trade, business or professional activity.

2.2 xywstar reserves the right not to accept Orders from those who are not “Customers”.

2.3 At any time xywstar may modify or amend these Terms. Customer will be subject to the Terms in effect at the time their Order is submitted.

2.4 Orders may be for one or more Products, subject to the right of xywstar to set a maximum quantity that may be ordered by a Customer in any one Order.

2.5 The maximum quantity of Products that may be purchased by a Customer in any one Order is 5 units ( 5 pairs of shoes). In addition to these maximum quantities, xywstar reserves the right to limit quantities of Products ordered as it desires from time to time.

2.6 No Product will be sent for delivery or distributed to an address containing a PO Box or if it is not possible for xywstar to identify the individual receiving the Order or its private address.

2.7 All notices which are to be sent out via e-mail pursuant to the Terms, will be sent to the e-mail address provided by Customer at the Website.

3. Purchase Conditions

3.1 Each Product offered for sale can be selected through a dedicated web frame that will display the photo, the unit price, and the sizes available (where applicable).

3.2 Some products may be displayed on the Website for promotional reasons only and not for sale. Such products are not for sale and may not be purchased.

3.3 Images and colours of Products offered, in some cases may be different than they appear on the Website because of the technical characteristics and resolution of equipment and software used by the Customer. Images and colours, then, must be considered only as indicative, and Customers are responsible for verifying whether the Product matches their expectations with respect to colour and texture. xywstar will not be responsible for any inappropriate images or colours of Products due to the technical characteristics of equipment and software used by a Customer.

3.4 To complete any Orders for the Products selected, the Customer will have to follow the instructions and procedures provided on the Website.

3.5 The Customer is responsible for checking the accuracy of the contents of each Order it places before confirming the Order and the Customer is responsible for filling in the purchase form according to the instructions provided on the corresponding page of the Website. By completing each Order, Customer confirms that Customer carefully read and accepts the Terms and any Specific Estimations.

3.6 If the Customer wants to make changes or corrections to the Order after confirmation, Customer must contact Customer Service (“Customer Service”) at the e-mail displayed in the “Contacts” section of the Website. A confirmed Order cannot be further modified or cancelled, except as may be expressly provided by the Terms, Specific Estimations or otherwise provided by applicable law. Customer can check an Order status at any time by contacting our Customer Service at service@mail.xywstar.com.

3.7 As soon as Customer submits an Order, it is recommended that Customer download and save or print the Terms prevailing at the time of submission and any Specific Estimations applicable to the Order. Customer will also receive an e-mail confirmation (“Email”) of a received Order containing a summary of information already contained in the order form (i.e. Customer data, shipping method and address, information about each Product purchased, as well as detail of price and delivery rate (the “Data”)).

 

4. Availability and Delivery

4.1 Customer acknowledges that stocks of Products offered on the Website are limited.

4.2 Occasionally, some Products may be unavailable. In such instance, xywstar will inform Customer as soon as possible, and in any event, within forty-eight (48) hours (excluding weekends and holidays) from the date the Order is received by xywstar. If a Product from the Order is unavailable then the Order will be fulfilled based on the available Product.

4.3 Customer acknowledges that when an Order is sent to the internal unit of xywstar responsible for fulfilling such Order, an Email will be sent to Customer. Sometimes this Email will be substituted by shipping notice. xywstar will send an e-mail to Customer when the parcel containing the ordered Products leaves the warehouse. However, delivery times are not guaranteed and are only estimates.

4.4 xywstar will use its best efforts to fulfill each Order within ten (10) business days, and in any event, within twenty (20) business days from the day following Customer’s submission of the Order, but does not guarantee to do so. However, xywstar will not be liable for, nor indemnify Customer from, any claims, losses, or expenses resulting from xywstar not shipping an Order within any certain timeframes.

4.5 Customer may contact Customer Service for assistance with any matter relating to delivery.

5. Prices and Payment

5.1 The prices are quoted in U.S. Dollars

5.2 xywstar reserves the right to change prices of Products offered at any time and without notice. The prices published on the Website at the time an Order is confirmed are the prices that will be applied to such Order.

5.3 Payment can be made by credit card, debit card and Pay Pal. Accepted Card: Visa, MasterCard, American Express, JCB, Discover, Diners Club debit and credit cards, Pay Pal and Apple Pay. Credit card transactions will be governed by the specific credit card provider’s rules.

5.4 Successful completion of each Order will take place only after verification of Customer’s credit card data and after the authorization to carry out the charge for the Order on such credit card.

6. Accommodations

6.1 Customer shall check the Products immediately upon delivery to determine compliance with the Order.

6.2 Customer should describe any defects (i.e. packaging shows evidence of tampering, damaged Product, missing Products or items, or Products different than those ordered and/or indicated in the shipment document) in writing directly on the delivery document to be signed by Customer.

6.3 If one or more Products delivered are different from the ones ordered, or are damaged, Customer must promptly inform xywstar by contacting Customer Care Service, except if such defects are described in the delivery document as provided in paragraph 6.2. In such instance, Customer’s remedies are limited to:

(i) returning the Product and requesting a replacement Product,

(ii) accepting the defective Product, or

(iii) if a replacement Product is not available, returning the Order in whole or in part. Customer has no right to any other compensation or remedy, subject to any mandatory provisions of applicable law.

6.4 In the case of returns, Customer must carefully follow the return procedures established by xywstar. xywstar advises Customers to contact Customer Service for guidance and to ship any returns. Customer is free to choose any other courier service at the Customer’s expense.

7. Returns

7.1 Customer has the right to return Product(s) from its Order, with no penalty and no requirement to specify a reason, by returning the Products they received to xywstar within fourteen (14) days from the date such Products were delivered.

7.2 Customer may return part or all of an Order, subject to paragraph 7.1.

7.3 Customer acknowledges that:

Customer is responsible for and assumes all risks relating to shipment, including delays;
Customer is responsible for shipping expenses related to returning Products.
Eventual Custom or import duties imposed on returned products will be borne by the Customer
If applicable U.S. sales tax will be at Customer's expenses.
7.4 Customers are advised to utilize the return online form for returning Products. However, Customer may elect to choose to use any courier service at the Customer’s expense.

7.5 In addition to paragraphs 7.1 and 7.3, to be a valid and effective return, products must be returned in original condition and in the original packaging;

All returns are subject to xywstar’s verification that returned Products are still in original condition.

7.6 If a returned is made in accordance with all the above conditions, xywstar will refund Customer with the sum already paid by credit card as soon as possible, and in any event, within thirty (30) days starting from the time that xywstar receives and inspects the Customer’s returned Products. The sums shall be deemed refunded when actually credited in original form of payment not later than the above-mentioned deadline.

7.7 xywstar will only accept in the manner described above returns or replacement or refund requests solely for Products that were purchased from the Website. Incomplete, damaged, worn, soiled, or altered items will not be accepted and therefore sent back to the customer.

8. Product Liability

8.1 xywstar does not make any warranties, guarantees or representations, express or implied, including without limitation an implied warranty of merchantability and fitness for a particular purpose, all of which are expressly disclaimed by customer, with respect to any product. xywstar shall not be responsible to Customer or to any subsequent user or users for any damage, loss or claim, whether direct, indirect or consequential, whether for injury to property or person, in any matter whatsoever and Customer hereby waives any and all such claims on its behalf and on the behalf of any person or party to whom it transfers the Products.

8.2 In the event any Product does not conform to the Order, Customer’s remedies shall be limited to the remedies described in paragraph 6.3. Under no circumstances shall xywstar be liable for claims for any damages, whether direct, immediate, foreseeable, incidental, consequential or special or for any expenses or incurred by reason of the use or misuse, sale or fabrication of products which do not conform to the terms and conditions of the Order.

9. Applicable Law and Disputes

9.1 These Terms and any Specific Estimations are ruled by the law of U.S.A.

9.2 In the event any dispute shall arise related to the Terms, any Specific Estimation, or any Order, such dispute shall be submitted to arbitration in U.S.A.

 

Contacts
For any further information, assistance or complaints, Customers may send an e-mail to:
service@mail.xywstar.com

Attention: xywstar Customer Service