Terms and Conditions - Quacs™ Shoes

1. These terms.

1.1 What do these terms cover. These are the terms and conditions on which we supply products to you, whether these are goods, services or digital content. If you are an individual consumer, you will be bound by the terms of our ‘Online Consumer Terms’. If you are a wholesaler, you will be bound by the terms of our ‘Wholesaler Terms’.

1.2 Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. These terms may be changed by us from time to time without specific notice to you. The latest terms will be posted on quacsshoes.com (“our website”). If you cannot access these terms via our website, we can provide a copy of the most recent terms by email upon request.

2. Information about us and how to contact us.

2.1 Who we are. We are Quacs Shoes Limited, a private company incorporated in Jersey (Company number138983) with a registered office at 17 Southbeach Apartments, Greve d’Azette, St. Clement, Jersey JE2 6RG (“us”, “we”, “Quacs™️”, “Quacs Shoes”).

2.2 How to contact us. You can contact us by writing to us at support@quacsshoes.com or contacting our Customer Service team using our website.

2.3 How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.

2.4 “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.

Online Consumer Terms

3. Our contract with you.

3.1 How we will accept your order and invoice you. Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us. You will receive an email confirmation with the details of the order which will contain all of the standard invoice details. If you require a full pdf invoice, please simply contact our Customer Service team quoting your order number and we will happily issue an invoice.

3.2 If we cannot accept your order. If we are unable to accept your order, we will inform you of this and will not charge you for the product (or if we have charged you, refund you within 14 days of the order). This might be due to a number of reasons, including but not limited to, because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because a credit reference we have obtained for you does not meet our minimum requirements, because we have identified an error in the price or description of the product, or because we are unable to meet a delivery deadline you have specified.

3.3 Your order number. We will assign an order number to your order and endeavour to tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.

3.4 We only sell to certain countries. Unfortunately, we do not accept orders from or deliver to addresses outside those specifically listed on our website.

3.5 Security. We strive to use the highest market standard security measures to ensure that the transaction details and your financial information are kept confidential.

4. Our products.

4.1 Products may vary slightly from their pictures. The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device’s display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images.

4.2 Product packaging may vary. The packaging of the product may vary from that shown in images on our website.

4.3 Product Availability. The model you want may no longer be accessible online because of restocking. For the latest information on when it will become available, please contact our Customer Service for assistance.

4.4 Coupons. A voucher code is a convenient way to save money when shopping online. It is a unique code that you enter at checkout to receive a discount. We recommend copying and pasting the code into the shopping cart. When you enter a valid voucher code at checkout, the total amount owed will automatically be updated based on the corresponding discount. Please note that coupon codes cannot be applied to orders that have already been completed. If you encounter any issues while entering your coupon code, please reach out to our Customer Service team before placing your order. We reserve the right to end any discount/coupon code at any time.

4.5 Sizing. All sizes shown on the website are UK/EU sizes. For more information on our shoe sizes and the applicable sizing conversion, please refer to our handy size charts.

4.6 Material. For detailed information please refer to the shop page of each particular Quacs™️ model. We always strive to use sustainable and environmentally friendly materials throughout the range of our products.

4.7 Recycle & Donate Program. We encourage our customers to send to us their old Quacs™️ shoes which we recycle and, for each pair received, we donate new Quacs™️ shoes to a person in a developing country.

The program operates under the following conditions:

1. Item is an authentic Quacs™️ product.

2. Item is not soiled and shoes are returned as a pair.

Return Instructions:

Step 1: Please contact us via our Contact Us page for details of our delivery location closest to you. Once we process your request, you will receive an email with delivery instructions which will include our location closest to you. You should receive this email within 48 hours. Please follow the instructions there. If you did not receive the email, please first check your spam/junk folder.

Step 2: Please securely package the return item and send it to the address provided on the instructions email.

Step 3: Once we receive your item we will inform you via email and, once processed, you will be issued with a digital Quacs™️ certificate to commemorate your contribution to our recycling program.

Please note:

• We strongly encourage you to insure the package and use tracked courier delivery where possible.

• The shipping costs are borne by the customer and are non-refundable.

• Import fees and taxes (if applicable) will be borne by the customer.

• Items returned to us which do not match the above conditions will be disposed of by us. You will be notified if this is the case.

5. Our rights to make changes.

5.1 Changes to the products. We may change the product:

(a) to reflect changes in relevant laws and regulatory requirements; and

(b) to implement minor technical adjustments and improvements, for example to address a security threat.

5.2 Updates to digital content. We may update or require you to update digital content, provided that the digital content shall always match the description of it that we provided to you before you bought it.

6. Providing the products.

6.1 Delivery costs. The costs of delivery will be as displayed to you on our website.

6.2 When we will provide the products. During the order process we will let you know when we will provide the products to you. If the products are ongoing services or subscriptions, we will also tell you during the order process when and how you can end the contract.

6.3 Order information and tracking. Once your order is shipped we will email you with a confirmation and provide a link to the tracking of your courier. Depending on the location, some routes might not offer tracked shipping in which case we will inform you of the estimated delivery time and the details of the courier.

6.4 We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this, we will not be liable for delays caused by the event.

6.5 If you are not at home when the product is delivered. If no one is available at your address to take delivery and the products cannot be posted through your letterbox, the courier will endeavour to leave you a note informing you of how to rearrange delivery or collect the products from a local depot or, if deemed appropriate, leave the products outside of your doors or in another ‘safe location’ (as determined by the courier). The courier is a third-party service and we do not control how the courier operates nor are we responsible for the courier or, in particular, any damage caused by the courier.

6.6 If you do not re-arrange delivery. If you do not collect the products from us as arranged or if, after a faileddelivery to you, you do not re-arrange delivery or collect them from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and refund you your money, less our internal administrative fees equal to 50% of the total price.

6.7 If you do not allow us access to provide services. If you do not allow us access to your property to perform the services as arranged we may charge you additional costs incurred by us as a result. If, despite our reasonable efforts, we are unable to contact you or re-arrange access to your property we may end the contract and refund you your money, less our internal administrative fees equal to 50% of the total price.

6.8 When you become responsible for the goods. A product which is goods will be your responsibility from the time we deliver the product to the address you gave us or you or a carrier organised by you collect it from us.

6.9 When you own goods. You own a product which is goods once we have received payment in full.

6.10 What will happen if you do not give required information to us. We may need certain information from you so that we can supply the products to you, for example, your name and address. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and clause ‎8.2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.

6.11 Reasons we may suspend the supply of products to you. We may have to suspend the supply of a product to:

(a) deal with technical problems or make minor technical changes;

(b) update the product to reflect changes in relevant laws and regulatory requirements;

6.12 Your rights if we suspend the supply of products. We will contact you in advance to tell you we will be suspending supply of the product, unless the problem is urgent or an emergency. You may contact us to end the contract for a product if we suspend it, or tell you we are going to suspend it, in each case for a period of more than 21 days and we will refund any sums you have paid in advance for the product in respect of the period after you end the contract.

6.13 We may also suspend supply of the products if you do not pay. If you do not pay us for the products when you are supposed to and you still do not make payment within 7 days of us reminding you that payment is due, we may suspend supply of the products until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the products. We will not suspend the products where you dispute the unpaid invoice (see clause ‎10.5). We will not charge you for the products during the period for which they are suspended. As well as suspending the products we can also charge you interest on your overdue payments (see clause ‎10.4).

7. Your rights to end the contract.

After the order has been placed, it will be processed as quicky and carefully as possible and unfortunately cannot be modified or cancelled anymore. If you chose the wrong model or size, you can return it as soon as you receive it. If you would like to order additional items, please place a new order on our website.

Returns

We will accept returns and provide full refund only under the following conditions:

1. Purchase was made at www.quacsshoes.com

2. Items are in a like-new condition.

3. Items are returned to us within 90 days after the delivery date.

Return Instructions

Step 1: Please request your return by contacting us via our Contact Us page (here) providing your order details. Once we process your request, you will receive an email with return instructions which will include a return address. You should receive this email within 48 hours. Please follow the instructions there. If you did not receive the email, please first check your spam/junk folder.

Step 2: Please securely package the return item and send it to the address provided on the return instructions email.

Please note:

• The initial shipping cost will be deducted from your refund. If free shipping was provided, a set £5 fee per item will be deducted for the initial delivery costs.

• We strongly encourage you insure the package and use tracked courier delivery where possible.

• The return shipping costs are borne by the customer and are non-refundable.

• Import fees and taxes are non-refundable.

• Please allow 2 weeks processing time, after which the refund for the returned items will be sent back to the card/account used to place the order.

• Products returned must be in like-new condition to be eligible for a full refund.

• Items returned to us which do not match the return conditions will not be eligible for any refund and will be disposed of by us. You will be notified if this is the case.

8. Our rights to end the contract.

8.1 We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:

(a) you do not make any payment to us when it is due and you still do not make payment within 7 days of us reminding you that payment is due;

(b) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products;

(d) you do not, within a reasonable time, allow us access to your premises to supply the services.

8.2 You must compensate us if you break the contract. If we end the contract in the situations set out in clause 8.1 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract but, in any event no less than £10.

8.3 We may withdraw the product. We may write to you to let you know that we are going to stop providing the product.

9. If there is a problem with the product.

9.1 How to tell us about problems. If you have any questions or complaints about the product, please contact us.

9.2 Your obligation to return rejected products. If you wish to exercise your legal rights to reject products you must post them back to us. You will pay the costs of postage.

9.3 How long is the warranty period. Unless otherwise required by law, we provide a warranty for defects in materials and workmanship for a period of 90 days from the date of delivery of the products to you. For products that you have reason to believe are defective as regards materials and workmanship, please contact us and provide photographs immediately. If the products are deemed to be defective due to material or manufacturing defects from these photographs, the products shall be repaired, replaced, or the original purchase price and costs of delivery refunded up to the amount of £5 per product. If you believe that the return shipping costs will exceed £5, please contact us using the Contact Us page and we might, at our sole discretion, pre-authorize a higher shipping cost amount or ask you to dispose of the item in another way. Except as set forth in this clause 11.3, all products are provided “as is”. We make no representation or warranty of any kind whatsoever, whether express, implied, or statutory, including without limitation any implied warranties of merchantability or fitness for a particular purpose. No person (including any agent, dealer, or representative of Quacs Shoes) is authorized to make any representation or warranty concerning products except to refer you to this warranty, and you acknowledge and agree that you have not relied on any other warranties or representations.

9.4 Recall. You will cooperate fully with us and will provide all reasonable assistance in the event we recall any products. If you know or suspect there is a possibility of products becoming or needing to become the subject of a recall, you shall notify us immediately.

10. Price and payment.

10.1 Where to find the price for the product. The price of the product (which includes VAT and GST (as applicable)) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the product advised to you is correct. However please see clause 10.3 for what happens if we discover an error in the price of the product you order.

10.2 We will pass on changes in the rate of VAT or GST. If the rate of VAT or GST changes between your order date and the date we supply the product, we will adjust the rate of VAT or GST that you pay, unless you have already paid for the product in full before the change in the rate of VAT or GST takes effect.

10.3 What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. If we discover that the price was incorrect, we reserve the right to cancel your order and refund any price paid by you.

10.4 We can charge interest if you pay late. If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 4% a year above the base lending rate of the Bank of England from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.

10.5 What to do if you think an invoice is wrong. If you think an invoice is wrong please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.

11. Our responsibility for loss or damage suffered by you.

11.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process. By accepting these terms and conditions, and to the extent permissible by law, you agree that any losses or damages which we are responsible for are and will be strictly limited to the aggregate amount paid by you to us in exchange for the product or service. For example, if you paid us £30 for a product, any loss or damage caused, which was our fault, would be limited to £30.

11.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence and for fraud or fraudulent misrepresentation.

11.3 We are not liable for business losses. We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity. We will not be liable for any indirect, incidental or consequential damages of any kind.

12. Other important terms.

12.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation.

12.2 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.

12.3 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

12.4 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.

12.5 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by Jersey law and, by accepting these terms, you agree that you can only bring legal proceedings against us in the Jersey courts.

Wholesale Terms & Conditions

13. Our contract with you.

13.1 Our contract. These terms and conditions (“Wholesale Terms”) apply to the order by you and supply of goods by us to you (“Contract”). Acceptance of your wholesale order is expressly made conditional on youragreement to these Wholesale Terms.

13.2 Language. These Wholesale Terms and the Contract are made only in the English language.

14. Placing an order and its acceptance.

14.1 Placing your order. An order may be made directly with us using our website, over the telephone, in person, over email or similar. Each order is an offer by you to buy the goods specified in the order (“Goods”) subject to these Terms.

14.2 Minimum order. A minimum order value as set from time to time by us is required for all wholesale orders. Any orders below the minimum will be subject to an order fee.

14.3 Correcting input errors. Our order process allows you to check and amend any errors before submitting your order to us. Please check the order carefully before confirming it. You are responsible for ensuring that your order is complete and accurate.

14.4 Acknowledging receipt of your order. After you place an order, you will receive an email from us acknowledging that we have received it, but please note that this does not mean that your order has been accepted.

14.5 Accepting your order. We will confirm our acceptance to you by sending you an email that confirms that your order for the Goods has been accepted (“Confirmation”). The Contract between you and us will only be formed when we send you the Confirmation.

14.6 If we cannot accept your order. If we are unable to supply you with the Goods for any reason, we will inform you of this by email and we will not process your order. If you have already paid for the Goods, we will refund you the full amount including any delivery costs charged as soon as possible.

15. Our goods.

15.1 The images of the Goods on our website and all promotional material are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your device’s display of the colours accurately reflect the colour of the Goods. The colour of your Goods may vary slightly from those images.

15.2 The packaging of your Goods may vary from that shown on images on our website.

15.3 We reserve the right to amend the specification of the Goods if required by any applicable statutory or regulatory requirement.

16. Return and refund.

16.1 All sales are final. Returns or exchanges will only be accepted for defective or damaged merchandise. Any claims for defective or damaged merchandise must be made within 90 days of receipt of the order as described in clause 22 below.

17. Delivery, transfer of risk and title.

17.1 We will contact you with an estimated delivery date. Occasionally our delivery to you may be affected by an Event Outside Our Control. See clause 26 (Events outside our control) for our responsibilities when this happens.

17.2 Delivery is complete once the Goods have been unloaded at the address for delivery set out in your order and the Goods will be at your risk from that time.

17.3 All orders will be shipped to the address provided by you. You will be responsible for all shipping and handling charges. Shipping rates will be based on weight and destination.

17.4 You own the Goods once we have received payment in full, including of all applicable delivery charges.

17.5 If we fail to deliver the Goods, our liability is limited to the cost of obtaining replacement goods of a similar description and quality in the cheapest market available, less the price of the Goods. However, we will not be liable to the extent that any failure to deliver was caused by an Event Outside Our Control, or because you failed to provide adequate delivery instructions or any other instructions that are relevant to the supply of goods.

17.6 If you fail to take delivery within 3 days after the day on which we notified you that the Goods were ready for delivery, we may resell part of, or all the Goods and after deducting any reasonable storage and selling costs, account to you for any excess over the price of the Goods or charge you for any shortfall below the price of the Goods.

18. Sale of Goods.

18.1 You acknowledge that you are acquiring the Goods for the purposes of trade or business only.

18.2 Where applicable, the Goods must be sold at the recommended retail price (as notified to you by Quacs Shoes) unless the Goods are advertised as being “on sale” or the equivalent.

19. International delivery.

19.1 We deliver to the countries listed on our checkout page (“International Delivery Destinations”). However, there are restrictions on some Goods for certain International Delivery Destinations, so please review the information on that page carefully before ordering Goods.

19.2 If you order Goods for delivery to one of the International Delivery Destinations, your order may be subject to import duties and taxes which are applied when the delivery reaches that destination. Please note that we have no control over these charges and we cannot predict their amount.

19.3 You will be responsible for payment of any such import duties and taxes. Please contact your local customs office for further information before placing your order.

19.4 You must comply with all applicable laws and regulations of the country for which the Goods are destined. We will not be liable or responsible if you break any such law.

20. Price of goods and delivery charges.

20.1 The prices of the Goods will be as quoted at the time you submit your order. We take all reasonable care to ensure that the prices of Goods are correct at the time when the relevant information was entered onto the system.

20.2 Prices for our Goods may change from time to time, but changes will not affect any order you have already placed.

20.3 The price of Goods excludes VAT (where applicable).

20.4 Unless stated otherwise, the price of the Goods does not include delivery charges. Our delivery charges are as advised to you during the check-out process, before you confirm your order.

20.5 It is always possible that, despite our reasonable efforts, some of the Goods may be incorrectly priced. We will normally check prices as part of our dispatch procedures so that:

(a) where the Goods’ correct price is less than the price stated, we will charge the lower amount when dispatching the Goods to you; and

(b) if the Goods’ correct price is higher than the price stated, we will contact you in writing as soon as possible to inform you of this error and we will give you the option of continuing to purchase the Goods at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. However, if we mistakenly accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may cancel supply of the Goods and refund you any sums you have paid.

21. How to pay.

21.1 You can only pay for Goods using a bank transfer, a debit card or credit card.

21.2 Payment for the Goods and all applicable delivery charges is in advance unless agreed otherwise by us in writing. Please see your invoice for custom payment terms.

21.3 If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 4% a year above the base lending rate of the Bank of England from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.

22. Our warranty for the goods.

22.1 We provide a warranty that on delivery and for a period of 90 days from delivery, the Goods shall:

(a) subject to clause ‎15, conform in all material respects with their description; and

(b) be free from material defects in design, material and workmanship.

22.2 Subject to clause ‎22.3, if:

(a) you give us notice in writing within 90 days of delivery that some or all of the Goods do not comply with the warranty set out in clause ‎22.1;

(b) we are given a reasonable opportunity of examining the Goods; and

(c) we ask you to do so, you return the Goods to us at our cost, noting that return shipping costs shall not exceed £3 per product. If you believe that the return shipping costs will exceed £3 per product, please contact us prior to making the return using the Contact Us page and we might, at our sole discretion, pre-authorise a higher shipping cost amount or ask you to dispose of the item in another way,

we will, at our option, repair or replace the defective Goods, or refund the price of the defective Goods in full.

22.3 We will not be liable for breach of the warranty set out in clause ‎22.1 if:

(a) you make any further use of the Goods after giving notice to us under clause ‎22.2;

(b) you alter or repair the Goods without our written consent;

(c) the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal storage or working conditions; or

(d) the Goods differ from their description or specification as a result of changes made to ensure they comply with applicable statutory or regulatory requirements.

22.4 These Wholesale Terms also apply to any repaired or replacement Goods supplied by us to you.

23. Our liability: your attention is particularly drawn to this clause.

23.1 References to liability in this clause 23 include every kind of liability arising under or in connection with the Contract including but not limited to liability in contract, tort (including negligence), misrepresentation, restitution or otherwise.

23.2 Nothing in these Wholesale Terms limits or excludes our liability for:

(a) death or personal injury caused by our negligence;

(b) fraud or fraudulent misrepresentation; or

23.3 To the extent permitted by applicable laws, we are not liable to you for:

(a) any loss of profits, sales, business, or revenue;

(b) loss or corruption of data, information or software;

(d) loss of anticipated savings;

(e) loss of goodwill; or

(f) any indirect or consequential loss.

23.4 Our total liability to you for all losses arising under or in connection with the Contract will in no circumstances exceed £1,000 or the full costs of the order for Goods subject to the dispute, whichever is higher.

23.5 Except as expressly stated in these Terms, we do not give any representations, warranties or undertakings in relation to the Goods. Any representation, condition or warranty which might be implied or incorporated into these Wholesale Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Goods are suitable for your purposes.

24. Intellectual Property.

24.1 You undertake to use the Quacs™️ brand name and logo when advertising Goods supplied by us and anywhere where the Goods are described or named including on websites, labels and invoices.

24.2 Quacs Shoes grants you a personal, non-exclusive, non-transferable, and non-assignable license to use the Quacs™️ brand name and logo for the purposes mentioned above in this clause 24.

24.3 You must not use or permit the use of the brand name or logo in any manner that would be detrimental to or inconsistent with the good name, good will, reputation and image associated with the intellectual property of Quacs Shoes.

24.4 The license in clause 24 may be revoked by Quacs Shoes at any time by written notice to you.

25. Termination.

25.1 Without limiting any of our other rights, we may suspend the supply or delivery of the Goods to you, or terminate the Contract with immediate effect by giving written notice to you if:

(a) you commit a material breach of any term of the Contract and (if such a breach is remediable) fail to remedy that breach within 2 days of you being notified in writing to do so;

(b) you fail to pay any amount due under the Contract on the due date for payment;

(c) you suspend, threaten to suspend, cease or threaten to cease to carry on all or a substantial part of your business; or

(d) your financial position deteriorates to such an extent that in our reasonable opinion your capability to adequately fulfil your obligations under the Contract has been placed in jeopardy.

25.2 Termination of the Contract shall not affect your or our rights and remedies that have accrued as at termination.

25.3 Any provision of the Contract that expressly or by implication is intended to come into or continue in force on or after termination shall remain in full force and effect.

26. Events outside our control.

26.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Contract that is caused by any act or event beyond our reasonable control (“Event Outside Our Control”).

26.2 If an Event Outside Our Control takes place that affects the performance of our obligations under the Contract:

(a) we will contact you as soon as reasonably possible to notify you; and

(b) our obligations under the Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Goods to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.

26.3 You may cancel the Contract affected by an Event Outside Our Control which has continued for more than 60days. To cancel please contact us. If you opt to cancel, you will return (at our cost) any relevant Goods you have already received and we will refund the price you have paid, including any delivery charges.

27. General.

27.1 Assignment and transfer.

(a) We may assign or transfer our rights and obligations under the Contract to another entity but will always notify you in if this happens.

(b) You may only assign or transfer your rights or your obligations under the Contract to another person if we agree in writing.

27.2 Variation. Any variation of the Contract only has effect if it is in writing and signed by you and us (or our respective authorised representatives).

27.3 Waiver. If we do not insist that you perform any of your obligations under the Contract, or if we do not exercise our rights or remedies against you, or if we delay in doing so, that will not mean that we have waived our rights or remedies against you or that you do not have to comply with those obligations. If we do waive any rights or remedies, we will only do so in writing, and that will not mean that we will automatically waive any right or remedy related to any later default by you.

27.4 Severance. Each paragraph of these Terms operates separately. If any court or relevant authority decides that any of them is unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.

27.5 Third party rights. The Contract is between you and us. No other person has any rights to enforce any of its terms.

27.6 Governing law and jurisdiction. This Contract is governed by the laws of Jersey, Channel Islands and each party irrevocably agrees to submit all disputes arising out of or in connection with this Contract to the exclusive jurisdiction of the Jersey courts.

Recycle & Donate Program

28. We are committed to promoting sustainability and reducing waste. The recycle & donate program (“R&D Program”) is a way us to take responsibility for the impact of our products and to give back to the community.

29. The R&D Program is designed to give new life to old Quacs Adventure shoes (“Quacs shoes”) by repurposing them, or recycling them into new materials, thus reducing the amount of waste sent to landfills. We will aim to work with reputable recyclers to ensure that our Quacs shoes are recycled in an environmentally responsible manner. Although best efforts will be made to recycle each and every pair of Quacs shoes, wecannot guarantee that certain pairs will not be designated for alternative destinations due to various factors including the condition of the shoes.

30. For every pair of Quacs shoes received by us from you under the R&D Program, we will donate a new pair of Quacs shoes (equal or similar to those received under the R&D Program) to a person in a developing country (as designated by us from time to time). This program is intended to help improve the lives of those living in poverty and without access to basic necessities like shoes. The company will aim to work with reputable organizations to ensure that the donated shoes are distributed to those in need in an efficient and effective manner.

31. To participate in the R&D Program, you must send your old Quacs shoes to us. You will be able to find the current delivery address on our website. You will be responsible for any shipping and handling costs associated with sending in your old Quacs shoes.

32. All Quacs shoes must be original shoes made by us, come as a pair and be thoroughly cleaned before being sent in. Shoes that are heavily soiled will not be accepted. We reserves the right to reject any shoes that do not meet these criteria. Detailed instructions for preparing the Quacs shoes for shipping, including cleaning and packaging guidelines can be found on our website (quacsshoes.com).

33. We are not responsible for any lost or damaged items during shipping. You are encouraged to keep your own records of the shipment, including tracking numbers and insurance. We recommend that you insure the package.

34. We reserves the right to pause, modify or discontinue this program at any time without notice. We will endeavour to provide you with advance notice of any changes to the program.

35. We will use its best efforts to ensure the donated Quacs shoes are of good quality and appropriate for the recipient, taking into account factors such as size, fit and cultural appropriateness. We will aim to work with relevant organizations to ensure that the donated Quacs shoes are appropriate for the recipients.

36. We will donate Quacs shoes directly or through local and international organizations that are actively working to improve the lives of people in developing countries. We will work with a variety of organizations to ensure that Quacs shoes are distributed to those in need in different regions. We aim to provide you with information about the organization that their donated shoes have been given to.

37. Following the receipt and acceptance by us of the Quacs shoes from you, we will provide you with a certificate of participation to acknowledge the your contribution to the program. Such certificate will be sent via email to the address provided by you during the return process.

38. We will strive to be transparent and report on the program’s impact, and aims to make information on the program and its impact available to the public. This will include details of the number of shoes donated, the organizations that have received the shoes and the impact of the program on the lives of the recipients. Wewill make this information available on their website, from time to time, but cannot guarantee the accuracy of the data displayed due to the changing nature of the relevant information.

39. We encourage our customers to share their participation in the program on social media, using the designated hashtags, in order to raise awareness of the program and its impact.

40. We will regularly review and update the program to ensure it is having the desired impact and to make improvements as necessary.

41. This is a voluntary program and we cannot accept any liability for its non-performance of, or deviation from, the above terms.