1. GENERAL REMARKS

This document, together with the additional information available on  https://headoverheelscorp.wixsite.com/website (the “Site”) constitutes the Terms of Sale (the “ToS”) in force between the user of the Site (“You” or the “User”) and Head Over Heels (“HOH”). It governs the contractual relationship between You and HOH in relation with any purchase made on or through the Site (the “Transaction”). At the time of verification of your order by checking the box provided for this purpose and clicking the "CHECK OUT" button, You hereby state that You fully and unconditionally accept these ToS.Please read carefully the ToS before proceeding to any Transaction through the Site. You are bound by the version of the ToS that is in force at the time You submit an online form (the “Form”) confirming Your intent to order products on the Site (the “Order”).

The ToS shall also apply if you choose to place your Order through HOH customer service (the “Customer Service”) by using the contact form available on the Site, or by calling the following phone number +44 (191) 232 6002- OPTION 2 for Austria, Belgium, France, Germany, Ireland, Italy, Luxembourg, Netherlands, Portugal, Spain, Switzerland or United Kingdom.

If you placed an Order through the Customer Service, the Products You ordered will be delivered with the ToS. If You do not accept the ToS or if You do not want to keep the Products, You may return Your parcel by following the procedure described under clause 13. If You do accept these ToS and wish to keep your Products, You have nothing to do. After five (5) days, the ToS shall be considered as accepted and You agree that You will be bound by these ToS

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2. MODIFICATION OF TERMS

HOH may at any time amend the ToS, without prior notice. It is Your responsibility to regularly check the ToS to remain informed of their latest amendments.

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3. TERRITORY

You may place an Order only if Your billing address, Your delivery address, and the address corresponding to Your credit card are all located in one and the same country among the following: Germany, Austria, Belgium, Spain, France, Ireland, Italy, Luxembourg, Monaco, Netherlands, Portugal, United Kingdom or Switzerland (the "Countries").

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4. OPERATION OF THE SITE

The Site is a secure online platform that allows Users to place an Order online and receive by mail the articles or goods offered for sale on the Site (the “Product(s)”).

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5. CHARACTERISTICS OF PRODUCTS

The authoritative description of the Products is the description published on the Site at the time of the Order.

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6. AVAILABILITY OF PRODUCTS

Images of the Products on the Site are provided for information purpose only on HOH’s collection and their publication on the Site shall not constitute an offer.

The publishing of Products’ descriptions on the Site shall only constitute an invitation to make an offer. By placing an Order, the User is making an offer to HOH, and HOH has the right but not the obligation to accept or reject the offer, in its sole discretion.

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7. PRICE

Products’ price is stated in Pound Sterling (£) with all taxes included. The currency is automatically assigned according to the Territory of the billing and delivery addresses.

 You understand and agree that Products may be subject to customs duties, postal, tax or any other additional costs to transport, import or deliver the Products in Your country of residence or delivery. These taxes are independent from HOH’s control. You agree, if applicable, to fully bear these additional costs which will appear before You check the box related to the ToS and click on the “CHECK OUT” button.

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8. ORDER

All orders are subject to stock availability of the Product(s). Items in your shopping basket are not reserved and may be purchased by other Users until the confirmation of Your Order.

Products are available for Your personal use only and not for resale. By placing an Order on the Site, You warrant that You will use the Product for Your personal use only. Moreover, You may not purchase more than four (4) pairs of shoes and/or leather goods in total within thirty (30) days irrespective of whether it is in one (1) or several Orders, and three (3) cosmetic products per Order.

HOH, in its sole discretion, reserves the right not to confirm an Order, including but not limited to where there is an assumption that the User will place an Order for resale purposes.

To place an Order on the Site, You must fill out the Form and follow the instructions of the Site and agree to the ToS, Terms of Use («ToU») and the privacy policy of the Site (the “Privacy Policy”).

When completing the form, You must specify the means of payment that will be used to complete the Transaction in response to Your Order, subject to acceptance by HOH. Each Order is checked paying particular attention to the billing address, the delivery address and the credit card used.

The following means of payment are accepted by HOH:​

1. Visa

2. MasterCard

3. American Express

4. Wire Transfer

We only accept credit cards of individuals (excluding company cards) residing at the billing address.

Billing information indicated in Your Order must correspond to the credit card holder. HOH may contact the credit card holder directly if necessary for verification and ask him/her for additional information. Such verifications will extend the delivery time with two (2) additional business days. If this condition is not fulfilled and/ or HOH fails to reach the holder of the credit card, HOH reserves the right to cancel Your Order.

You may prefer to place Your Order through our Customer Service, which You may contact as specified in clause 1 hereinabove. Please note that no bank details shall be sent by email or through the Customer Service contact form. The Customer Service will request from You – on the phone exclusively – all information required by the financial institutions to process the payment of Your Order.

Your credit card will only be charged at the time of shipment of Your Order, after checking Your data and upon receipt of the authorization provided by the issuing company and upon acceptance of Your Order by HOH.

Subject to the acceptance of your Order, HOH will send You a confirmation of the conclusion of the Transaction to the email address that You provided when placing the Order.

The Transaction will only be concluded when HOH will have confirmed its acceptance by sending You the confirmation email including a summary of the Order, the price of the Products, the date and time of the Order, the shipping fees, the taxes and custom duties and the mean of payment chosen by You.

Any Order placed on a holiday or weekend will be processed the next business day.

If You wish to cancel or modify your Order before the shipment of Your Products, You may contact HOH as soon as possible at the following phone number +44 (191) 232 6002- OPTION 2. HOH will use its best endeavours to fulfil Your request. However, this request will be handled as a simple wish, which HOH will handle in its sole discretion. HOH cannot warrant that the Order will be cancelled or modified upon Your request.

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9. USER ACCOUNT

You may register on the Site to obtain a User Account, that will allow You to benefit from the Services as described in the ToU.

HOH kindly asks You to refer to the ToU available through the following link ToU for any issue related to Your User Account.

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10. SHIPMENT NUMBER

HOH will send You, upon shipment of Your Order, a confirmation email which will contain Your tracking link.

To ensure the safety of Your Order, HOH does not provide directly Your tracking number, but Your DHL’s tracking link.

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11. TRANSPORT AND DELIVERY

Products will be delivered exclusively to the address mentioned in the Form at the time of the Order. You will be charged the shipping fees, which vary according to the type of shipment and the place of delivery of the Products. The amount of the shipping fees is indicated at the time of placement of the Order.

Shipping costs are available in three currencies, depending on the Country where the delivery has to be made. They are automatically calculated in the currency of the Country of delivery.

You agree and recognize that shipment’s options vary, depending on the country where Your Order has to be delivered. Deliveries are only made by DHL. The recipient’s signature is always required.

In all circumstances, You will have access, through DHL’s interface, to the date of delivery of Your products scheduled by the carrier while filling out your Order.

HOH undertakes to ship Your Order as soon as possible after completion of the Transaction.

At the time of delivery of Products, You are responsible for immediately verifying that the packaging is intact and has not been altered in any way whatsoever. Should the packaging be damaged, You shall be responsible for taking detailed pictures of the box and of the Products, for immediately reporting the alleged damage to the carrier in charge of delivery (the “Carrier”) by expressly reserving Your rights upon delivery of the Products and for informing our Customer Service within three days.

In case of express reservation of Your rights under the conditions mentioned in the previous paragraph, with the Carrier and / or our Customer Service, an investigation will be opened with the Carrier and a reply will be sent to You within ten business days.

In the absence of such express reservation of Your rights, delivery shall be considered as accepted by You and no dispute on the packaging shall be validly brought afterwards.

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12. PACKAGING

All Orders placed on the Site are sent with their original box and accessories (such as a dust bag, repair tap-heels for shoes if any, depending on the type of Product), and carefully packed.

HOH offers You a free gift wrap with each Order, except for cosmetic Products which we do not offer this service for.

If the Products are offered as a gift to a third person, You may add a personal message to the Order. This personal message will be printed on a dedicated note card. This option may only be selected at the end of the Order process. You are solely responsible for the content of the message.

You will be asked to select this option and Your choice of wrapping paper style at the end of Your Order.

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13. CANCELLATIONS

13.1 State of the product returned

HOH may accept unused Products in their original condition and proceed to a refund if the original purchase receipt and its return authorization number are sent with the Product.

In addition, HOH will not accept any return of Products that appear to have been used or have been damaged.

In particular, the red outsole of the shoes is fragile and shall remain unmarked and in its original condition. You shall try the shoes only on a clean and carpeted surface and with the warning sticker in place on the outsole until You are certain to keep them. HOH reserves the right to refuse the return of the Products or to accept it by deducing the handling and repair costs, if the Products have been returned with an apparently damaged outsole.

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13.2 Return request

Within fourteen (14) days from receipt of Your Order, You shall inform HOH of Your wish to return the Product(s).

To do so, you can:

- either organize the collection of your parcel on the website in the "My account" section (or via the tab "Return" at the bottom right of the screen if you checked out as a guest)

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13.3 Return conditions

You will not bear the return shipping costs if You follow the return instructions included in the delivery box. But will have a small fee if packaging is missing.

 

Merchandise must be in unused and satisfactory condition may be returned for refund, store credit or exchange within 30 days of purchase when accompanied by the original sales receipt.

 

Items returned must be in perfect condition, unworn and in their original packaging with any related accessories, instructions booklets, labels, protective covers, leaflets or boxes. You will be asked to present your original receipt and if paid by card, your original payment card. A Photo ID document will also be requested.

- You can arrange the pick-up by DHL at a convenient time for You between 10.00 am to 5.00 pm (Monday from Friday, except bank holidays).

- You must return the Product in its original parcel and original box, with all related accessories included when You opened the parcel, such as: dust bag(s), replacement tap-heels, warning-sticker protecting the front part of the red sole etc. If not, You may incur the payment of a fee.

- Place the original box(es), the return authorization email and the original purchase invoice in the shipping parcel.

- In case You are returning a cosmetic product (with the exception of fragrances, for which return is not allowed), place the EC red label sticker (which was provided with the delivery) on the outside of the parcel.

- Close properly the shipping parcel. Provide DHL with the parcel and the DHL sticker on the collection date scheduled with HOH Customer Service.

You may also organize the return with the courier of your choice, under your responsibility, within fourteen (14) days of informing the Client Service.

In addition, You agree to take particular care when packing the Product to be returned. If the returned Product has been damaged due to improper packaging, HOH reserves the right to refuse its return or to accept it with a partial refund only (price reduced with repair costs).

Following receipt of Your Products in return, and provided that the return conditions are met, HOH shall notify You by email that the total or partial refund of your Order is being processed. A credit shall then be issued in the same form as the original payment.

Depending on Your financial institution, the refund may take up to 10 (ten) working days after HOH has sent you the confirmation of the return.

 

14. DEFECTS

HOH undertakes to ensure that high quality standards are continuously met in the manufacturing of all Products. Every Product is controlled before being shipped.

However, if Your Product shows any defect, please contact the Customer Service immediately, and no later than five (5) days from the date of delivery, at the following email address: headoverheelscorp@gmail.com

In such case, You must indicate in Your email the alleged defect and join every supporting document (detailed photos of the Product, purchase date, number of the Order, etc.).

After considering these elements, HOH reserves its right to recover the Product to conduct a physical investigation.

In case of a recognized defect, HOH undertakes to either replace the defective Product to the extent of available stocks, or to either partially or fully refund the purchase price to You, depending on the nature of the defect.

HOH reserves the right to refuse to follow up on a late claim, a claim relating to a defect for which You are responsible, or which derives from the nature of the Product (certain Products might have some uneven parts and/or irregularities which are parts of the manufacturing process or correspond to the material used).

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15. LIMITATION OF LIABILITY

Subject to possible liability arising from a defect as defined supra, HOH shall only be liable for damages resulting from gross negligence or willful misconduct, whether in connection with the conclusion or performance of the Transaction or in connection with Your use of the Site.

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16. SECURITY OF ELECTRONIC DATA TRANSFER

HOH undertakes to maitain at all times the highest standards of security. Not only the Site does use SSL (Secure Socket Layer) encryption, but it is also reinforced with all of the various existing encryption processes in order to provide the most effective protection possible for all sensitive payment information. HOH does not have any access to confidential information about the means of payment. Indeed, only its banking partner has access to confidential information (card number, validity date, secret code) and these pieces of information cannot be reached by any other third party.”

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17. CONFIDENTIALITY AND PRIVACY POLICY

HOH cares about Your privacy

Any and all personal information that HOH may collect about You through the Site is subject to HOH’s Privacy Policy, which is available through the following link: Privacy.

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18. GOVERNING LAW AND JURISDICTION

Any contract concluded with HOH is subject to the laws of England, without application of their conflict of law rules.” Any dispute arising directly or indirectly from the conclusion, the interpretation or the performance of a contract with HOH in accordance with the ToS shall be submitted to the exclusive jurisdiction of the ordinary courts of the London Commercial Court, England.