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Terms of Use and Conditions of Sale

Please read these terms and conditions carefully before using the website.

Welcome to the PAEZ Shoes website! Our website-paezshoes.com or paezusa.com (the "Site")—is owned by PAEZ USA, LLC ("PAEZ," "PAEZ Shoes," "we," or "us"), 300 West 6th Street, Suite 2020, Austin, Texas 78701. We offer the Site to you subject to the following terms of use, which may change at any time without notice to you. You should review the terms of use from time to time because they are binding on you, and your use of the Site constitutes your acceptance of these Terms of Use.

Intellectual Property

Transactions on the Site

Our 125% Money-Back Guarantee and Exchange Guarantee for Used Items

Disclaimer of Other Guarantees, Warranties, and Limitation of Liability for PAEZ Products

Comments, Feedback, and Other Submissions by Users

Electronic Communications

Product Descriptions

Credit-Card Use

Shipping for Domestic Orders

Shipping for International Orders

Sales Tax

Trademarks

Copyright Complaints

Risk of Loss

Indemnification

Contacting PAEZ with Comments, Complaints, or Concerns

Sending a Return to PAEZ

Applicable Law

Disputes: Procedure, Exclusive Jurisdiction, and Exclusive Venue

Disclaimer of Warranties and Limitations on Liability Regarding the Site

Intellectual Property

You recognize that all materials on the Site—including graphics, photos, designs, illustrations, videos, images, written material, and other material (collectively, the "Contents")—are copyrights, trademarks, and/or other intellectual property owned or licensed by PAEZ. You also agree that PAEZ owns all copyrights, rights in trade dress, and other rights in the overall design of the Site and in the selection, arrangement, and presentation of all materials on the Site (including information in the public domain). Please feel free to download or copy any part of the Site for your own personal, noncommercial use; you agree, however, that no rights, title, or interests shall be transferred to you as a result of such downloading or copying of any software or materials from the Site. Any other use of the protected material on the Site will be a violation of your agreement to abide by this website's terms of use—unless, of course, you have obtained our prior written consent to such use.

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Transactions on the Site

We reserve the right to refuse any order placed with us, whether placed through the Site or directly with a PAEZ representative. You agree that PAEZ has the sole, unfettered discretion to limit or cancel quantities purchased per person, per household, or per order—and that we have the privilege do so (1) for any reason or no reason, (2) whether or not the order has been confirmed by us, and (3) without liability to you or anyone else. If we cancel or make a change to your order, we will attempt to notify you by contacting the email address, billing address, or telephone number provided at the time the order was made. If your method of payment has been charged for an order that is cancelled or reduced, we will issue you a refund (equivalent to 100% of the amount charged if we cancel the entire order and, for orders that are reduced, an amount equivalent to the difference between the amount charged and the amount that would have been owing if an order identical to the reduced order had been placed on the Site). Further, we reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.

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Our 125% Money-Back Guarantee and Exchange Guarantee for Used Items

We at PAEZ are proud of our products! We're so confident that you'll love them, too, that we offer a 125% money-back guarantee and also an exchange guarantee for used products. If any PAEZ product ordered from our Site does not become a favorite piece of your casual wardrobe, or if you're dissatisfied for any other reason with a product ordered from the Site, we invite you to return the product to us within 45 days of purchase to PAEZ USA, LLC, Attn: Returns, 4608 Madrona Drive, Austin, TX 78731. In return, we'll issue a refund equivalent to 125% of your purchase price, not including shipping and handling. Or, if you prefer, we'll provide an exchange of your used PAEZ products within 45 days of purchase.

Given the generous nature of our guarantees, the following limitations apply:

•  First, your return must be postmarked—or must have been delivered to a commercial courier—on or before the 45th day after you placed the order containing the returned article.

•  Second, you will be responsible for all costs of shipping and handling, both in our initial shipment to you and your return shipment to PAEZ. In other words, shipping costs are not included in our 125% guarantee. (If, however, you request an exchange instead, you'll be responsible for the shipping and handling costs of our initial shipment to you and for your return shipment to us, but we'll pay the shipping and handling costs to send you the replacement item.)

•  Third, to prevent abuse, we have to limit how many times you and others at your billing address may take advantage of our generous 125% money-back guarantee and exchange policy for used items. Our 125% guarantee and our exchange policy for used items apply only to the first two items per billing address. For additional items (beyond the two-item limit per billing address), we are happy to provide an exchange for unused items (as explained below). All other sales are final except for items that we determine are defective. If you believe that any PAEZ product is defective, please fill out this form and return your completed form and the product to us within 45 days of placing your order and we will determine (in our sole discretion) whether the product is defective. If we agree that the returned product is defective, we will happily exchange the defective product for an identical replacement or, if an identical replacement is not available, another product of the same or greater price.

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Disclaimer of Other Guarantees, Warranties, and Limitation of Liability for PAEZ Products

TO THE FULLEST EXTENT ALLOWABLE UNDER APPLICABLE LAW, PAEZ DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED—INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE—for all PAEZ products OTHER THAN THE EXPRESS WARRANTIES CONTAINED IN THE PRECEEDING SECTION OF THESE TERMS AND CONDITIONS. YOU AGREE THAT PAEZ WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND ARISING FROM THE USE OF PAEZ PRODUCTS, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, AND PUNITIVE DAMAGES, WHETHER FORSEEABLE OR NOT, UNLESS OTHERWISE SPECIFIED IN WRITING.

SOME STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATION OR EXCLUSION OF CERTAIN DAMAGES. IF SUCH LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU.

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Comments, Feedback, and Other Submissions by Users

PAEZ loves to hear from you and welcomes comments and suggestions from our customers about our products and services! If you submit comments, content, or other materials (together "content"), you grant PAEZ a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant PAEZ and our sublicensees the right to use the name you submit in connection with such content. By posting content, you also represent and warrant that you own or otherwise control all of the rights to the content; that the content is accurate; that the use of the content that you supply will not violate the Terms of Use and will not cause injury to any person or entity; and that you will indemnify PAEZ for all claims resulting from the content you supply.

You agree not to upload or post any material that is defamatory, illegal, infringing of intellectual-property or privacy rights, threatening, or obscene. You also agree not to upload or post any information that infringes any other person's copyrights, trademarks, or other proprietary rights, or that violates any rights of any other party. You agree to bear all risks and liability associated with the posting of any information you voluntarily provide to us through our website. PAEZ reserves the right (but not the duty) to remove or edit infringing content, but we do not regularly review posted content.

You agree not to use any of the information on this website, including the e-mail addresses or other contact details posted on the site, to transmit, distribute, or facilitate the distribution of unsolicited bulk e-mail or other advertisements to PAEZ or any of its partners, contractors, or affiliates.

PAEZ takes no responsibility—and assumes no liability—for content posted by you or by any third party.

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Electronic Communications

When you visit the Site or send e-mails to PAEZ, you are communicating with us electronically. You consent to receive communications from us electronically, and we will communicate with you by e-mail or by posting notices on the Site. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically will satisfy any legal requirement that such communications be in writing.

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Product Descriptions

PAEZ tries to make its product descriptions as accurate as possible. But PAEZ does not warrant that our product descriptions—or that the colors of the products as they appear on your monitor—are accurate, reliable, free of distortion, or without error. If you receive a product that you is not as described, you have only two possible remedies: (1) return the product under our 125% money-back guarantee (subject to the limitations and conditions outlined above) or (2) return the product in unused condition for an exchange or refund (subject to the limitations and conditions outlined above).

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Credit-Card Use

PAEZ accepts the following credit cards for online purchases:

•  American Express;

•  MasterCard; and

•  Visa

The total dollar amount of your order is allocated at the time your credit card is approved, but credit-card payment (transfer of funds) does not occur until the order ships.

PAEZ also accepts debit cards containing the American Express, MasterCard, or Visa logos and affiliation. Payments from debit cards are deducted from your account at the time your card is approved.

If the amount charged exceeds your credit limit, your order may be cancelled automatically. PAEZ will not be liable for any additional fees that your bank or credit-card company imposes, including, but not limited to, overdraft and over-the-limit fees or fees for currency conversion.

A receipt is included with each order.

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Shipping for Domestic Orders

PAEZ charges a flat shipping fee of up to $5.95 per order. All domestic orders are shipped by Priority Mail by the United State Postal Service.

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Shipping for International Orders

Orders to Canada and Mexico are charged a flat rate of $9.95. All other international orders will be charged at a rate of $14.95. PAEZ will ship shoes to the following countries: The United States and its territories, protectorates, possessions, and U.S. military addresses (APO/FPO); Canada; all other countries in North America, South America, and the Caribbean (except Cuba); all countries in Europe (including Turkey); and Australia, Cambodia, China, Cyprus, Egypt, Israel, Japan, Jordan, Kuwait, Malaysia, New Zealand, the Philippines, Samoa, Singapore, South Korea, Taiwan, Thailand, Tonga, Vietnam, and the United Arab Emirates.

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Sales Tax

Residents of Texas and Utah are required to pay sales tax, which will be calculated automatically and added to your order. Residents of other states and countries will be responsible for paying any taxes and duties imposed by law in the jurisdiction where you reside.

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Trademarks

"PAEZ," "PAEZ Shoes," "paezshoes.com," "paezusa.com," "Born & Raised in Argentina," "Follow the Rabbits," "followtherabbits.com," and other graphics, logos, button icons, and scripts are trademarks, registered trademarks, and/or trade dress of PAEZ in the United States and/or other countries. PAEZ's trademarks and trade dress must not be used (1) in connection with any product or service that is not PAEZ's, (2) in any way that is likely to cause confusion among customers, or (3) in any manner that disparages PAEZ.

Any trademark appearing on the Site that is not owned by PAEZ is the property of its respective owner, who may or may not be affiliated with or connected to PAEZ.

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Copyright Complaints

PAEZ respects the intellectual property of others. If you believe that your work has been copied in way that infringes your copyright, please provide us with the written information requested below:

(1)  A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright you claim has been infringed.

(2)  A description of the copyrighted work you claim has been infringed.

(3)  A description of where the allegedly infringing material is located on our Site.

(4)  Your physical mailing address, telephone number, and e-mail address.

(5)  A statement that you have a good-faith belief that the allegedly infringing use is not authorized by the copyright owner, its agent, or the law.

(6)  A statement by you, made under penalty of perjury, that the above information contained in your notice is accurate and that you are the copyright owner or an agent authorized to act on the copyright owner's behalf.

Please send your notice to PAEZ USA, LLC, attn: General Counsel, 300 West 6th Street, Suite 2020, Austin, Texas 78731 or to chris@paezusa.com.

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Risk of Loss

All goods purchased from PAEZ are made pursuant to a shipment contract, and the risk of loss and title for such goods passes to you upon our delivery of the goods to the carrier.

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Indemnification

You agree to defend, indemnify, and hold PAEZ harmless from (and against) any claims, damages, costs, and expenses (including attorneys' fees) arising from or related to your use of the Site and/or and breach by you of any provision of the Terms of Use.

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Contacting PAEZ with Comments, Complaints, or Concerns

Please direct all comments, complaints, and concerns to PAEZ at service@paezusa.com, or call our customer-service department at 1-888-444-PAEZ (7239).

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Sending a Return to PAEZ

Please send all returns, subject to the conditions of our guarantees explained above, to us at PAEZ USA, LLC, Attn: Returns, 4608 Madrona Drive, Austin, TX 78731.

Please allow 10-14 business days for the processing of your return and any refund, if applicable.

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Applicable Law

By visiting the Site, you agree that the laws of the state of Texas, without regard to principles of conflict of laws, will govern these Terms of Use and will apply to any dispute of any kind that might arise between you and PAEZ.

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Disputes: Procedure, Exclusive Jurisdiction, and Exclusive Venue

You agree that any dispute relating in any way to your visit (or visits) to the Site or relating in any way to products or services sold or distributed by PAEZ shall be adjudicated in any state or federal court in Travis County, Texas, and you consent to exclusive jurisdiction and exclusive venue in the state and federal courts located in Travis County, Texas.

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Disclaimer of Warranties and Limitations on Liability Regarding the Site

By using our Site, you accept the information provided on the Site is provided to you "as is." PAEZ assumes no responsibility for the timeliness, deletion, improper delivery, or failure to store any user communication. The material AND SOFTWARE displayed AND MADE AVAILABLE on our Site ARE provided without any guarantees, conditions, or warranties as to its accuracy. To the extent permitted by law, we and third parties connected to us hereby expressly exclude: (1) all conditions, warranties, and other terms that might otherwise be implied by statute, common law, or equity and (2) any liability for any direct, indirect, or consequential loss or damage incurred by any user in connection with our Site or in connection with the use, inability to use, or results of the use of our Site, any websites linked to it, SOFTWARE CONTAINED ON IT, and any materials posted on it, including, without limitation, the following: liability for lost income or revenue; loss of business; lost profits or contracts; loss of anticipated savings; loss of data; loss of goodwill; wasted management or office time; and any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract, or otherwise, even if foreseeable.

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last updated 8 Jul 2010

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