FREQUENTLY ASKED QUESTIONS
RETURN POLICY FOR U.S. ORDERS
Orders for full-priced items are eligible for return for refund to the original form of payment within thirty 10 days of being received. SALE items are eligible for store credit only within thirty 10 days of being received. Promotional items are non refundable.
For exchanges, you may request an exchange within thirty 10 days of delivery for another item of the same value or less. If you select a lower-priced item, we will issue a credit for the difference to the original form of payment for full-priced items or store credit for SALE items. When submitting your return request through our online returns portal, please note which item(s) you wish to exchange and provide the details of the new item(s) you would like to receive back including the style, color, and size.
Please note that submitting an exchange request does not reserve the inventory, and we cannot guarantee that the item will be available upon receiving your return. If we are unable to fulfill your exchange order, we will attempt to contact you for an alternative selection. If we cannot process a replacement order, we will issue a refund or store credit based on the policies stated for returns.
Shipping charges are non-refundable.
WHAT IF I RECEIVED A DAMAGED OR INCORRECT ITEM?
To return a defective or incorrect item received, please contact Customer Care by emailing firstname.lastname@example.org with clear images of the wrong or defective item and explanation.
WHEN WILL I RECEIVE MY REFUND/STORE CREDIT?
Once your return has been received and inspected, we will send you an email confirming that your return has been processed and refund/online store credit issued.
PRIVATE SALE EVENT
Styles purchased as part of the Day Avery Private Sale event are considered to be final sale and are not eligible for return or exchange.
PURCHASING PRODUCTS AND SERVICES
To complete a purchase on the Website, you must add Product(s) to your shopping bag and click on the “Continue to Checkout” button to enter any information required to complete the purchase. You acknowledge that simply adding Product(s) to your shopping bag prior to completing your purchase at checkout does not guarantee that you may purchase those Product(s). If between adding a Product to the cart and completing the purchasing process, the Product inventory is exhausted, such Product will be automatically withdrawn from the order and you will not be responsible for making a payment for that Product.
All purchases from Day Avery are subject to these Terms, including our applicable policies for cancellations, replacements, shipping, pricing, and payments, all of which may be accessed via the Website. In addition, some purchases may be subject to individual purchase terms and instructions, which would be listed on the applicable Product page(s). Before making any purchase, you should be sure to read these Terms AND any individual purchase terms carefully. In the event of a conflict between the general purchase Terms here and the individual purchase terms, the individual purchase terms will govern.
Day Avery attempts to ensure that the content, Product and Services descriptions, prices, and other information on the Website are as accurate as possible. However, Day Avery does not warrant or guarantee that any information on the Website is accurate, complete, or error-free, and Day Avery undertakes no commitment or obligation to update any content, Product and Services descriptions, or other information on the Website. Day Avery may at any time change the content, Product and Services descriptions, or other information on the Website, and/or any aspect of the Website, without prior notice. Day Avery also reserves the right to limit quantities of any Day Avery Product or Service purchased by any individual customer, and to revise, suspend, or terminate any special event, promotion, or special offer at any time and without advance notice, at Day Avery sole discretion. All prices and promotions are subject to inventory availability and limited time duration.
Day Avery is a brand for women that live their lives inspired by art. Women that realize that fashion is an expression of a person’s mood and self. Where art meets fashion we provide footwear and accessories for the everyday woman.
All of the content and materials available on or through our Website are protected by copyright and owned by Day Avery or its licensors or licensees. Further, all trademarks or service marks, including Day Avery, trade names, trade dress, and other indicia identifying the Website and the Products or Services (the “Marks”) are owned by Day Avery. You do not obtain any rights in the Marks, or in any of the Products (except for your shared content) available on the Website by your use of the Website or otherwise. However, so long as you comply with these Terms, you do receive a limited license to use the Website as provided below. All rights in the Website and the Products and Services are reserved to their respective owners.
Subject to these Terms, Day Avery grants you a personal, non-transferable, non-exclusive, and revocable limited license to access and use the Website and Product or Services descriptions for your own personal, non-commercial use. This license includes the right to (a) copy and download materials from the Website as needed for you to view them through your browser, and (b) capture screenshots of footwear products and accessories, and their descriptions for your personal reference, provided you do not delete or modify any included copyright or other proprietary notices. Day Avery reserves the right to revoke this license at its sole discretion upon notice to you, in which case you shall cease all use of the licensed materials.
The license granted to you above is subject to certain restrictions. You may not resell or distribute any of the Products or Services, make derivatives of or publicly display the Product or Services descriptions, or use the Marks in connection with any product(s), without our express written consent. In addition, under no circumstances are you permitted to do any of the following:
- Publish, post or upload any content on the Website in violation of the Terms or of the rights of a third party, including that party’s copyright or trademark rights
- Publish, post, upload or distribute any inappropriate, profane, defamatory, or otherwise unlawful content on the Website
- Falsify or delete any intellectual property or legal notice, proprietary designations or labels of origin from any file or content you upload, post or distribute on the Website
- Resell or otherwise commercialize the Products or Services, in part or in whole, or any other function or feature of the Website
- Restrict or inhibit any other user from using and enjoying the Website or purchasing Products or Services from the Website
- Use the Website or any content available on the Website other than for their intended purpose
- Use any data mining, scraper, spider robots, or similar data gathering or extraction methods to access, monitor, or copy any content available on the Website
- Take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on our infrastructure
- Violate these Terms or any applicable laws in connection with your access and use of the Website.
The above notice should be sent to the contact below.
By mail: SCHUTZ, 625 Madison Avenue, 3rd Floor, New York, NY 10022
By e-mail: CustomerCare@schutzusa.com
WEBSITE USE AND ACCESS
The Website will be available for access to the general public. However, we do not guarantee that the Website will be accessible at all times, without interruption, or at any given time. Your access to the Website may be temporarily suspended due to system errors or maintenance windows or for any reason beyond our control. Further, we may suspend or terminate your access to the Website or the Products and Services, at our sole discretion and without prior notice to you, if you violate any of these Terms. You acknowledge that we are not liable for any losses or damages, including loss of your content, resulting from the suspension or termination of your access to the Website or the Products and Services
USER GENERATED CONTENT
CONTESTS AND PROMOTIONS
EMAIL AND TEXT MESSAGE COMMUNICATION
If you are experiencing any problems, please email email@example.com and submit the details about your problem or your request for support.
Day Avery LLC, located in Austin, Texas.
Except for matters relating to the enforcement of Day Avery intellectual property rights, all disputes, controversies, or claims arising out of or relating in any way to any message, your participation in any of the features available through them and/or your purchase of any products or services via the messages shall be finally resolved by arbitration as provided below. You are giving up the right to litigate a dispute with Day Avery LLC before a judge or jury. Arbitration shall be solely on an individual basis and expressly waive the ability to participate in a class or representative proceeding, including any class arbitration or representative arbitration proceedings. The arbitral tribunal may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding. In the event the prohibition on class arbitration is deemed invalid or unenforceable, then the remaining portions of the agreement to arbitrate will remain in force. To the extent that you or Day Avery LLC opts out of arbitration following the procedure set forth below, or if this arbitration agreement is found inapplicable to a dispute between us, you and Day Avery LLC expressly waive the ability to participate in any class or representative litigation. An arbitral tribunal shall have the power to rule on any challenge to its own jurisdiction or to the validity or enforceability of any portion of this agreement to arbitrate.
CHANGES TO MESSAGING TERMS
THIRD PARTY WEBSITES
DISCLAIMER AND RELEASE
You expressly understand, acknowledge, and agree that: (a) your access and use of the website is at your sole risk. The website and the products, services and content on the website are provided on an “as is” and “as available” basis. schutz and its officers, employees, and agents expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement; (b) schutz and its officers, employees, and agents make no warranty that (i) the website will meet your requirements or be uninterrupted, timely, secure or error-free, (ii) the products, services or content that may be purchased or obtained from the website will be reliable or accurate, (iii) the quality of any products, services, content, information or other material obtained by you through the website will meet your expectations, and (iv) any errors in the website or its content will be corrected; (c) any material downloaded or otherwise obtained through the use of the website is accessed at your own discretion and risk, and you will be solely responsible for any damage that results from your use of any such material; (d) no advice or information, whether oral or written, obtained by you from schutz or through or from the website creates any warranty not expressly stated in these terms.
LIMITATION OF LIABILITY
You expressly understand and agree that schutz and its officers, employees, and agents are not liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, content or other intangible losses (even if we have been advised of the possibility of such damages or they are otherwise foreseeable), resulting from: (a) the use or the inability to use the website or results of the use of the website or any materials posted on it, however arising and whether caused by tort (including negligence), breach of contract or otherwise; (b) the cost of procurement of substitute goods and services resulting from any goods, data, information or services obtained or messages received or transactions entered into through, from or as a result of the website; (c) unauthorized access to or alteration of your transmissions or content; (d) statements or conduct of any third party on the services or website; or (e) any other matter relating to the products, services or website. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. In any event, our aggregate liability shall not exceed usd $100. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. accordingly, some of the above limitations in this and the previous paragraph may not apply to you.
APPLICABLE LAW; DISPUTES
BINDING ARBITRATION; CLASS ACTION WAIVER
If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
NOTICE TO INTERNATIONAL VISITORS
The Website and the servers that make them available are located in the United States of America. If you reside in another country, these Terms may conflict with the laws of your country. In the event of such a conflict, these Terms will govern to the extent that they are valid and enforceable under applicable United States laws. Day Avery makes no representation that the Website is appropriate or available for use beyond the United States of America. If you use the Website from other locations, you are responsible for compliance with applicable local laws.
If you have any questions about these Terms, you may contact us at info@Dayavery.com.