TERMS AND CONDITIONS OF SALE

GENERAL TERMS AND CONDITIONS OF SALE

These General Terms and Conditions of Sale (these “Terms of Sale”) govern the sale of bags, accessories and apparel (the “Products”) by LEVEL RETAIL AMERICAS CORP., a company registered under the laws of the state of Delaware (United States of America) (“Level Shoes” or “we”) on the website levelshoes.com (the “Site”) and on the Level Application (the “App”).  The Products shall only be purchased for personal use, and not for resale or other commercial purposes, by users who are at least 18 years old (“Customers” or “you”).

By placing an order for Products on the Site or on the App, you expressly accept the Website Policies (as defined below), and Level Shoes’ acceptance of your order, and agreement to deliver the Products, is expressly conditioned on your acceptance of the Website Policies.

  1. Orders
    All orders are subject to written acceptance by Level Shoes.  Receipt and acceptance of an order, or rejection thereof, by Level Shoes shall be confirmed by email sent to the email address indicated by the Customer when submitting the order.  If the order is accepted, the email order confirmation will include a summary of the purchase (i.e., price of the Product(s), shipping costs, sales tax and address to which the Product(s) will be shipped) and an order number, which must be used in all future communications with Level Shoes regarding such order.  Once payment for the Product(s) has cleared and the order has shipped, you will receive a shipping confirmation e-mail.  This information may also be accessed through the “Orders” section of your account.

    Orders shall be filled in the order in which they are received by Level Shoes, subject to availability, and Level Shoes reserves the right to make partial shipments of an order.

    Level Shoes reserves the right, at any time for any reason, to cancel, refuse to process or refuse to accept an order, in whole or in part, even after an order confirmation has been sent to a Customer.  Level Shoes shall not be liable to the Customer or any other third party for refusing to process or accept an order after the Customer has received an order confirmation.  In the event that Level Shoes, for any reason, cannot fulfill, cancels or refuses to process an order that has already been accepted in writing by Level Shoes, Level Shoes shall notify the Customer in writing by email and refund the Customer any payment or portion thereof that Level Shoes received for the applicable order or portion thereof.  If only certain Products ordered by the Customer are unavailable, any Products forming part of the same order which are still available will be shipped and charged to the Customer.

  2. Products
    The only Products offered for sale by Level Shoes are those shown on the Site and on the App. Level Shoes reserves the right to modify or discontinue any Product offered for sale on the Site and on the App without notice to the Customers at any time.

    Customers acknowledge and agree that all images shown on the product pages or other pages of the Site and the App are shown for information purposes only and may not be wholly representative of the Products and their features. Products may have slight variations, including, but not limited to, variations in color and size, material, characteristics from the images shown on the Site and on the App, as a result of the different devices used to view the Site and the App or browser settings. Exceptionally, the images posted on the Site and on the App may not accurately reflect the Product, in which case we will endeavor to rectify the image as soon as reasonably possible.

  3. Prices and Payment Methods
    All prices indicated on the Site and on the App shall be in U.S. Dollars, and shall be exclusive of applicable sales taxes and shipping charges.  All applicable sales taxes and shipping charges shall be added to the price at check-out, and the Customer shall have an opportunity to review all such charges prior to completing and submitting an order. Orders over three hundred dollars ($300) qualify for free shipping, while orders below this amount will incur a shipping fee of twenty-six dollars ($26). The amount of sales taxes and other charges shall depend on various factors, including, without limitation, the type of Product purchased, the price of the Product and the destination of the shipment.  Sales tax regulations may change between the time you place an order and the time payment is cleared, which may affect the calculation of sales taxes. The amount appearing on the checkout page may differ from the sales taxes ultimately charged, as indicated in the invoice you will receive with the shipping confirmation e-mail.

    We reserve the right to change the prices of any Products at any time without notice to you. Further, in the event that any items on the Site or on the App are mispriced, Level Shoes shall have the right to refuse or cancel any orders placed for Products listed at the incorrect price, regardless of whether the Customer has received an order confirmation or paid for the order. If the order is cancelled by Level Shoes after payment has already been made, Level Shoes will promptly refund the amount of the incorrect price to the Customer.

    The price of the Products, shipping and delivery costs and applicable sales taxes will be charged to your account when [the order is placed. Orders will not be processed unless and until full payment has been received and cleared by Level Shoes. Payment for the Products may be made by credit card or debit card, or by Klarna, Affirm, Afterpay and Paypal, as well as Apple Pay. All payments made through the Site and the App are secure; for more information on Level Shoes’ secure collection of your payment information, please visit our Privacy Policy. Please note that we do not collect and maintain your payment information directly, instead we utilize a third-party payment processor to collect and facilitate all online payments on our behalf.

    At checkout, the Customer may apply any coupons or other promotional codes offered by Level Shoes. The system will automatically adjust the total order amount, deducting any discounts or allowances. Any coupons or promotional codes may only be used in accordance with the terms provided upon issuance of the coupon or promotional code. Only one promotional code can be used per order and promotional codes cannot be transferred to others or redeemed for cash or credit.

  4. Shipping
    Level Shoes ships to Customers in the United States.

    Products shall be shipped to the address indicated by the Customer upon placing the order, as soon as reasonably practicable after Level Shoes processes the order.

    Generally, Level Shoes ships within 24 to 48 business hours of receipt of payment in full; provided, however, that the shipment and delivery dates set forth in any order, order confirmation or in these Terms of Sale are estimates only and such estimates shall not be deemed a representation by Level Shoes.  Level Shoes shall not be liable for failure to ship or deliver the Products by the estimated delivery dates, and the Customer shall not be entitled to any refunds or cancellation of orders as a result of delayed shipment. Notwithstanding the foregoing, in the event that Level Shoes is unable to ship an order within the estimated time provided in the order confirmation email (or thirty (30) days of receipt of an order if no estimated delivery date was provided), the Customer will receive an email from Level Shoes notifying the Customer of the delay in shipment. At such time, the Customer will have the option of cancelling the order for a full refund or consenting in writing to the delay (email being sufficient).

    Upon delivery of the Products to the applicable carrier, the risk of loss or damage shifts to the Customer.  Delivery is deemed complete and title to the Products passes to the Customer upon acceptance of the shipment by a common carrier.

  5. Return Policy
    Please review our Return Policy prior to completing your purchase.

  6. Limitation of Liability
    THE PRODUCTS ARE PROVIDED “AS-IS” AND “AS AVAILABLE,” AND LEVEL SHOES MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE PRODUCTS, AND, TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, LEVEL SHOES DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT, AND THERE ARE NO WARRANTIES, EXPRESS OR IMPLIED, WHICH EXTEND BEYOND THE DESCRIPTION OF THE PRODUCTS CONTAINED ON THE ORDER CONFIRMATION.

    Notwithstanding anything to the contrary CONTAINED HEREIN, TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, in no event will LEVEL SHOES be liable for any LOSS, DAMAGE OR CLAIM FOR ANY indirect, special, incidental, punitive or consequential DAMAGES, LOSS OF PROFITS, REVENUE, OPPORTUNITY OR DATA, OR DELAY, whether based on contract, tort, negligence, STRICT LIABILITY or any other legal theory.

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

    NOTWITHSTANDING THE FOREGOING, IN THE EVENT THAT LEVEL SHOES IS FOUND LIABLE IN RESPECT OF ANY LOSS, DAMAGE OR CAUSE OF ACTION (WHETHER CONTRACTUAL, EXTRA-CONTRACTUAL OR OTHERWISE) ARISING OUT OF OR IN CONNECTION WITH ANY PRODUCT, LEVEL SHOES’ LIABILITY SHALL BE STRICTLY LIMITED TO THE PRICE OF THAT PRODUCT.

  7. Force Majeure
    Level Shoes shall not be liable for any delay or failure in performance caused by circumstances beyond its reasonable control, including, without limitation, acts of God, war, acts of terrorism, insurrections, riots, embargoes, fires, strikes, delays in transportation, epidemic, pandemic or other public health issue, inability to obtain supplies of raw materials or equipment used in the manufacture of the Products, failure of any party to perform any contract with Level Shoes related to the production of the Products, blackouts or governmental laws, regulations, orders or actions.

  8. Customer Service
    Level Shoes’ customer service department is available for all inquiries regarding orders, deliveries, purchases, complaints, requests for information and, more generally, these Terms of Sale by writing to [email protected]

  9. Website Policies
    For any other legal information concerning your access to, use of, or the way the Site and the App may use and collect your personal information, please read Level Shoes’ Return Policy, General Terms and Conditions of Use and Privacy Policy (together with these Terms of Sale, collectively, the “Website Policies”).

    Level Shoes reserves the right to amend any portion of the Website Policies at any time and without prior notice to you; as such, please make sure you review the current Website Policies prior to making a purchase on the Site or on the App.  Any amendments or updates to any Website Policies shall be effective upon publication in their respective sections of the Site and the App.

  10. Miscellaneous
    These Terms of Sale and their interpretation shall be governed by the laws of the State of New York without regard to its conflicts of law rules.  Any disputes hereunder shall be resolved in the courts of the State of New York, County of New York.  The United Nations Convention on Contracts for the International Sale of Goods shall not apply to any purchase or sale hereunder.

    These Terms of Sale, together with the other Website Policies, shall constitute the entire agreement between you and Level Shoes. The invalidity or unenforceability, in whole or in part, of any provision of these Terms of Sale shall not affect the validity or enforceability of any other provision hereof or any other term of the remaining Website Policies.  The headings contained herein are for purposes of convenience only and shall not control or affect the meaning or construction hereof.

Effective Date: November 12, 2024