Terms and Conditions

Last Updated: January 1, 2023

Please read these terms and conditions carefully before using this website operated by Sam And Libby® (“us,” “we,” “our“) located at sam-libby.com (the “Site“).

By accessing or using the Site, you agree to be bound by these Terms and Conditions and all applicable laws and regulations, and you agree to comply with them. If you do not agree with any part of these Terms and Conditions, you must not use the Site.

Purchases

If you wish to purchase products or services made available through the Site (“Purchase”) you may be asked to supply certain information relevant to your Purchase including but not limited to your name, phone number, email address, shipping address, payment information, and product selections.

Prices

All prices posted on the Site are subject to change without notice. The price charged for a Purchase will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to Purchases placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total and will be itemized in your shopping cart and in your order confirmation email. We strive to display accurate price information, however we may, on occasion, make inadvertent typographical errors, inaccuracies or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.

Promotion Codes

Promotion codes cannot be combined and can only be used once per customer. Promotion codes are not valid on previous purchases and cannot be used on discounted or sale items. We reserve the right to cancel orders and/or revoke promotion codes for any reason including fraudulent or unauthorized use.

Returns and Refunds

For purchases made on our website, you may return eligible items within 30 days of delivery for a full refund of the purchase price, minus the cost of shipping and handling. We do not refund shipping and handling charges unless the return is a result of our error.

To be eligible for a return, items must be unused in original condition with original tags and labels attached. Footwear must be tried on carpeted surfaces to avoid soiling. Customized items are non-refundable.

Sale items are final purchase. Clearance, closeout, coupon promotions, discounted, or sale priced items are non-refundable.

To return an eligible item, please visit our online Returns Center to initiate the return and obtain a return label. Return shipping is the responsibility of the customer. We recommend using a trackable shipping method for your protection. Eligible returns received within 30 days of original purchase in original condition will be refunded in the form of your original payment.

Refunds may take up to 5 business days to appear on credit card statements. For purchases made in-store with a gift card, in-store credit will be issued.

Modifications to Products

We reserve the right to discontinue or modify the products offered on the Site at any time without notice. We cannot guarantee that all products shown on the Site will be available at the time of purchase.

Accuracy of Content

We attempt to ensure that information on the Site is complete, accurate, and current. However, we do not guarantee the accuracy or completeness of any information and it should not be relied on as such. We are not responsible for errors or omissions related to pricing, text, photography, or technical details.

Accounts

When you create an account, you agree to provide accurate and complete information and to keep that information updated. Accounts registered by bots or other automated methods are not permitted.

You are responsible for maintaining the confidentiality of your login credentials and are fully responsible for activities that occur under your account. We reserve the right to suspend or terminate your account if any information provided during account creation proves inaccurate, incomplete, or not current.

User Conduct

You agree to use the Site only for lawful purposes in accordance with these Terms. You agree not to use the Site:

In any way that violates applicable law or regulations.
For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way.
To send, knowingly receive, upload, download, or share any material which does not comply with our Content Guidelines.
To transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, spam, junk mail, chain letters, pyramid schemes, or any other form of solicitation not explicitly authorized by us.
To intentionally transmit viruses, worms, defects, Trojan horses, malware, or any other content that may harm or interfere with the operation of the Site.
To access, tamper with, or use non-public areas of the Site which are not authorized for your use.
To probe, scan, or test the vulnerability of any system, subsystem, or network related to the Site or otherwise attempt to breach or circumvent any security or authentication measures we use to protect the Site, our users, or any third parties to whom we make the Site available.
To interfere with or attempt to interfere with the proper workings of the Site or our servers, networks, or infrastructure.
To obtain or attempt to obtain any materials, content, or information through any means not intentionally made available or provided for through the Site.
To forge any TCP/IP packet header or any part of the header information in any email or posting for the purpose of misleading recipients about the origin of any content transmitted through the Site.
To impersonate any person or entity, including any of our representatives.

User Content

We do not claim ownership over any content submitted, posted, transmitted, or otherwise made available through the Site by any user of the Site, whether anonymously or not (“User Content“). However, you grant us a non-exclusive, perpetual, irrevocable, royalty-free worldwide license to use, store, copy, modify, display, format, publish, distribute, and create derivative works from User Content solely to the extent necessary to provide the products and services made available by the Site and fulfill other purposes permitted by these Terms, applicable law, regulation, or legal process.

You represent and warrant that:

You either are the sole and exclusive owner of all User Content or you have the full and valid right and permission to grant us the license set out above.
Posting, transmitting, or otherwise making available any User Content does not violate the privacy rights, publicity rights, intellectual property rights, contract rights, or any other rights of any third party.
All User Content complies with our Content Guidelines.

Copyright Complaints

In accordance with the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) (“DMCA“), we will promptly terminate the accounts of copyright infringers and remove User Content that contains infringing material upon receipt of proper notification. If you believe any User Content infringes your copyright, please contact our Copyright Agent and provide the information requested below.

Identification of the copyrighted work claimed to have been infringed.
Identification of the allegedly infringing material that you wish to have removed.
Your name, mailing address, telephone number, and email address.
A statement by you indicating that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
A statement by you, made under penalty of perjury, that the information you have provided is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf.
An electronic signature or physical signature.

Our Copyright Agent can be reached at:

We reserve the right to terminate the account of any user who repeatedly and intentionally infringes on the intellectual property rights of others.

Links to Third Party Websites

The Site may contain links to websites operated by other parties. Any access to and use of such linked websites is not governed by this Terms and Conditions Policy, but instead is governed by the terms of service and privacy policies of those third parties. We are not responsible for the content on or privacy practices employed by websites operated by third parties that are linked to from our Site.

Disclaimer of Warranties

YOUR USE OF AND RELIANCE ON THE SITE IS AT YOUR SOLE RISK AND DISCRETION. THE SITE AND ALL CONTENT AND PRODUCTS PROVIDED THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THE SITE, PRODUCTS, CONTENT, AND SERVICES PROVIDED THROUGH THE SITE, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY, OR ACCURACY.

WE DO NOT REPRESENT OR WARRANT THAT THE SITE, ITS SERVICES, CONTENTS, PRODUCTS, OR ANY PART OF THE SAME WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, OR SECURE, THAT DEFECTS WILL BE CORRECTED, THAT THE SITE OR THE SERVER PROVIDING ACCESS TO SAME IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT USER CONTENT WILL BE SECURE OR NOT OTHERWISE LOST OR ALTERED. YOU ACKNOWLEDGE THAT YOUR SUBMISSION OF ANY INFORMATION TO US IS AT YOUR SOLE RISK.

SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED TERMS IN CONTRACTS WITH CONSUMERS, SO SOME OR ALL OF THE DISCLAIMERS IN THIS SECTION MAY NOT APPLY TO YOU.

Limitation of Liability

IN NO EVENT SHALL WE OR OUR DIRECTORS, MEMBERS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, USE, DATA, OR OTHER INTANGIBLES RELATED TO THE USE OR INABILITY TO USE THE SITE. UNDER NO CIRCUMSTANCES WILL WE BE RESPONSIBLE FOR ANY DAMAGE, LOSS, OR INJURY RESULTING FROM HACKING, TAMPERING, OR ANY OTHER UNAUTHORIZED ACCESS OR USE OF THE SITE OR YOUR ACCOUNT.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED THE AMOUNT PAID BY YOU, IF ANY, TO ACCESS OR USE THE SITE.

YOU AGREE THAT ANY CLAIM RELATING TO OR ARISING OUT OF THESE TERMS OR YOUR USE OF THE SITE MUST BE FILED WITHIN ONE YEAR AFTER SUCH CLAIM AROSE. YOU AGREE TO WAIVE ANY STATUTE OF LIMITATIONS TO THE CONTRARY.

Indemnification

You agree to indemnify us, our affiliates, directors, officers, shareholders, members, agents, and employees from and against any and all losses, liabilities, claims, damages, costs, and expenses arising from your use of the Site, violation of these Terms, or violation of any third party rights, including without limitation copyright, trademark, patent, defamation, privacy, publicity and other intellectual property rights.

Governing Law and Jurisdiction

All matters relating to the Site and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the laws of the State of California without giving effect to any choice or conflict of law provision or rule.

Any legal suit, action, or proceeding arising out of, or related to, these Terms or the Site shall be instituted exclusively in the federal courts of the United States or the courts of the State of California in each case located in the City of Los Angeles and County of Los Angeles. You waive any and all objections to jurisdiction and venue in these courts and hereby submit to the exclusive jurisdiction of those courts.

Arbitration Agreement

At Company’s sole discretion, it may require You to submit any disputes arising from these Terms, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying California law.

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Waiver and Severability

Our failure to exercise or enforce any right or provision in these Terms will not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will only be effective if in writing and signed by us. If any provision of these Terms is held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions will not be affected or impaired.

Changes and Amendments

We reserve the right to modify these Terms or any other policies or agreements relevant to the Site at any time and at our sole discretion. If we make material changes to these Terms, we will provide notice of those changes by posting them on this page and will indicate the effective date of any changed Terms at the top of this page. Your continued use of the Site means you accept any new or modified terms.

Contact Us

If you have any questions about our Terms and Conditions, please contact us:

By Email: [email protected]
By Phone: 619-857-6102
By Mail:
Sam And Libby® Legal Department
135 Parkway Street
San Diego , CA