Except as otherwise provided, the terms are subject to change at any time without notice. Your continued use of the website after any changes have been implemented constitutes acceptance by you of such change(s).
The foregoing information ("DMCA Notice") should be sent to our designated agent as follows:
If your work has been removed due to a DMCA Notice pursuant to the foregoing procedure, and you believe that your content is not infringing, then you may send a counter-notice ("DMCA Counter-Notice") to our designated agent (contact information above) containing the following information:
- Your physical or electronic signature
- Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled.
- A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content;
- Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in San Francisco, California, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a DMCA Counter-Notice is received by our designated agent, Ryan Roche may send a copy of the DMCA Counter-Notice to the original complaining party informing that person that we may replace the removed content or cease disabling it in ten (10) to fourteen (14) business days. Unless the alleged copyright owner files an action seeking a court order against the content provider, member, or user, the removed content may be replaced, or access to it restored, in ten (10) to fourteen (14) business days or more after receipt of the DMCA Counter-Notice, at Ryan Roche's sole discretion.
Accounts, Passwords, and Security
You agree to notify Ryan Roche immediately of any actual or potential unauthorized use of your account or password, or any other actual or potential breach of security. However, you may be held liable for losses incurred by Ryan Roche or any other user of or visitor to any of our website due to someone else using your account ID, password, or account.
You may not use anyone else's account ID, password, or account at any time without the express permission and consent of the holder of that account ID, password, or account. Ryan Roche cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.
Products and Sales
In describing and portraying our products on our website, we attempt to be as accurate as possible. However, we do not warrant that the product descriptions or other website content is accurate, complete, reliable, current, or error-free. We reserve the right to correct any typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability from time to time without prior notice. If a product offered on the website is not as described, your sole remedy is to return it to us. Please see our return policy for details at www.ryan-roche.com or contact us at firstname.lastname@example.org.
We have made every effort to display as accurately as possible the colors of our products that appear on the website. We cannot guarantee that your computer monitor's display of any color will be accurate, complete, reliable, or error-free.
If you receive defective products, please notify us immediately and within a reasonable time after you have detected that the products are defective. If Ryan Roche reasonably determines that the products are in fact defective, Ryan Roche reserves the right to send you a non-defective identical replacement item or make a full refund to you, including shipping costs.
The prices and delivery costs shown on the website include sales tax. The prices may vary between the physical store and the website. Please also note that Ryan Roche may cancel the order even if it has been accepted by Ryan Roche under the condition that you realize or should have realized that the price information was incorrect. The delivery costs are shown in connection with the shipping methods at the checkout stage.
Payment can be made through Shopify/ Stripe and the following credit cards: Visa, Mastercard, and American Express. The purchases made with Visa and Mastercard are verified by a secure code. Please note that your card is debited with the purchase amount once Ryan Roche has sent you the order confirmation email. We do our best to make the website as secure as possible. All credit/debit card transactions on the website are processed using Shopify, a secure online payment gateway that encrypts your card details in a secure host environment. Payment will be debited and cleared from your account upon acceptance of your order by Ryan Roche. You confirm that the credit/debit card that is being used is yours or that you have been specifically authorized by the owner of the credit/debit card to use it. All credit/debit card holders are subject to validation checks and authorization by the card issuer. If the issuer of your payment card refuses to authorize payment to Ryan Roche, your order will be canceled. We are not responsible for any charges or penalties which may be imposed by the payment provider as a result of payment being processed in respect of your order.
After submitting your order, we will send you an order confirmation email with your order number, details of the product you have ordered from us, your payment details and delivery details. Please note that the confirmation e-mail is an acknowledgement that we have received your order and is not an acceptance of the order.
Acceptance and shipping confirmation
Please note that all orders placed by you are subject to availability. Once the order has been processed, a shipping confirmation email will be sent to you. We will ship your order to the address designated by you as long as that shipping address is within the United States and compliant with the shipping restrictions set out on the website. We may require verification of information prior to the acceptance and/or shipment of any order. If a product is unavailable, we will contact you shortly, by phone or by email. if we already have received payment for such a product, we will refund you the amount of the purchase. we reserve the right, without prior notice, to limit the order quantity on any product or service and/or to refuse service to any customer.
We offer different shipping methods to meet your needs as further specified when you check out. dispatch of orders may take up to 7 business days, but we aim to dispatch all orders within 24 hours during weekdays, or 1-2 business days during sales periods. Please note that delivery times are provided as guidelines only, and commence from the date of dispatch. The delivery times do not take into account possible delays caused by payment authorization and/or stock availability. If Ryan Roche fails to deliver within 30 days, you may have the right to cancel the purchase. your order will be delivered by ups to the shipping address you have indicated. all orders are fully traceable on the website by logging in to my account. click “my orders” and fill in the tracking number for updated information about your shipment.
For security purposes, Ryan Roche reserves the right to ship first-time orders to the cardholder's verified billing address or work address. to avoid delays in receiving your order, please make sure to provide the correct billing and shipping information associated with your credit/debit card when placing an order.
Risk of loss
All items purchased on the website are made pursuant to a shipping contract. the risk of loss for all items purchased passes to you upon delivery of the items to the carrier. you are responsible for filing any claims with carriers for damaged and/or lost shipments.
Returns and Exchanges
You are entitled to return your purchase for a refund or exchange your product/s by submitting or sending notice thereof to ryan roche and postmarking/dispatching the product(s) within 14 days of the date on which you have received the product, provided the product has not been materially used or worn.
The notice may be sent to us using our electronic return merchandise authorization (rma) system by logging into your website account and following the instructions in that section. Please note that you of course do not need to use the electronic system but may send us an e-mail to the email@example.com with (a) your order information, and (b) that you request a refund or seek to exchange your purchase.
please include the order number of the transaction with your request. In due course, we will send you a confirmation that we have received your notice and that it is being processed. Please always refer to your order number in all communications with us. you may wish to keep a copy of your return/exchange request for your own records.
Upon sending notification to us of your return or exchange request, please return the product/s as soon as reasonably practicable but no later than 7 days after sending your notice.
when returning please follow the steps below.
- Visit www.ryan-roche.com and log into your account to begin a return or exchange.
- Click on “orders”
- Find the order you would like to return/exchange, and click on "return an item" to begin the return/exchange process.
- Select which item(s) you would like to return, exchange, and then a resolution (whether you want a refund or exchange), and also the reason for return.
- Kindly note that you must add each item one at a time, so once you have added the first item you can add other items from your order.
- After you have completed the return/exchange request, place the pre-paid return label on the box over the prior delivery information.
- Close the box, package and tape securely.
- Call ups at 1-800-pick-ups (1-800-742-5877) to arrange a collection.
- Your package will be delivered to our return center at: ryan roche. 515 hurley avenue. new york. 12443 usa
We prefer that products be returned through Ryan Roche return service to ensure they are protected and insured during transit. however, you may return the products by any secure transport.
If you choose to return your purchase in accordance with the terms set forth in this section 9, ryan roche will issue a refund of the amount paid to ryan roche. However, if express shipping has been used, Ryan Roche will not issue a refund of the original shipping fee. Ryan Roche will pay the refund within 14 days of the date on which we have received your notice of return/exchange, under the condition that ryan roche has received the product/s from you or if ryan roche has obtained proof that the products have been sent back to ryan roche. The refund is made using the same payment method you used at the purchase if you do not explicitly accept another method. you will not be charged extra if another payment method is used.
Please note that Ryan Roche only issues a full refund if the product(s) is in the same conditions as at the time of delivery. if the products’ value has diminished due to your handling of the products to a greater extent than is necessary in order to ascertain its characteristics or function, you have an obligation to reimburse us. Thus, Ryan Roche then has the right to withhold such an amount of the refund.
to avoid a deduction, please make sure the product you wish to refund is in the exact same condition as when you received them, with tag and seal still attached. all shoes must not be used at all or on a carpeted surface until you have decided to keep them. shoes and accessories that come in a special box, must be returned in their undamaged original box which is considered to be a part of the product.
Exchanges: purchased products are exchangeable into a different size in accordance with the terms set forth in this section 9. all exchanges are based on stock availability. If you have exchanged a product, Ryan Roche will pay the shipping costs for the new product.
Links to our website; third party links on our website
Creating or maintaining any link from another website to any page on our website without our prior written permission is prohibited. running or displaying the website or any website content in frames or through similar means on another website without our prior written permission is prohibited. any permitted links to the website must comply with all applicable federal and state laws, statutes, rules and regulations.
From time to time, the website may contain links to other websites that are not owned, operated or controlled by Ryan Roche. All such links are provided solely as a convenience to you. If you use these links, you will leave our website and we cannot be responsible for any content, materials, information or events that are present on or that occur on websites that are not owned, operated or controlled by Ryan Roche.
Change in website and website content
We reserve the right, at any time in our sole discretion, to: modify, suspend or discontinue the website or any service, content, feature or product offered through the website, with or without notice; charge fees in connection with the use of the website; modify and/or waive any fees charged in connection with the website; and/or offer or cancel opportunities to some or all users of the website. you agree that we shall not be liable to you or to any third party should any of the foregoing occur with respect to our website.
Disclaimers; limitations on liability; indemnity
Your use of this site is at your risk. the information, materials and services provided on this website are provided “as is” and “as available” without any warranties of any kind including warranties of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or those arising out of a course of dealing or usage of trade. The foregoing exclusions of implied warranties do not apply to the extent prohibited by law. please refer to your local laws for any such prohibitions.
Ryan Roche does not assume any responsibility for any damages to, or any viruses that may infect, your computer, telecommunication equipment, or other property caused by or arising from your access to, use of, or browsing the website, or your downloading of any information or materials from the website.
In no event will ryan roche or any of its respective officers, directors, employees, shareholders, affiliates, agents, successors or assigns, nor any party involved in the creation, production or transmission of this website, be liable to you or anyone else for any indirect, special, punitive, incidental or consequential damages (including, without limitation, those resulting from lost profits, lost data or business interruption) arising out of the use, inability to use, or the results of use of this website, any websites linked to this website, or the materials, information or services contained on any or all such websites, whether based on warranty, contract, tort (including negligence) or any other legal theory and whether or not advised of the possibility of such damages. The foregoing limitations of liability do not apply to the extent prohibited by law. please refer to your local laws for any such prohibitions.
If any part of these warranty disclaimers or limitations of liability is found to be invalid or unenforceable for any reason or if we are otherwise found to be liable to you in any manner, then our aggregate liability for all claims under such circumstances for liabilities, shall not exceed the lesser of (i) the amount paid by you for your use of the website during the prior twelve (12) months or (ii) ten dollars ($10).
You agree to defend, indemnify and hold harmless ryan roche, its officers, directors, employees, business partners and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys’ fees) arising from: (i) any breach by you of any of these terms, (ii) your user communications and user content , (iii) your use of materials or features available on the website (except to the extent a claim is based upon infringement of a third party right by materials created by ryan roche.) or (iv) a violation by you of applicable law or any agreement or terms with a third party to which you are subject.
Governing law; severability; waiver; dispute resolution
It is your responsibility to ascertain and obey all applicable local, state, federal and international laws, statutes, rules and regulations (including minimum age requirements) related to the use of our website. any dispute arising out of, or relating to, the use of the website will be governed by and construed in accordance with the laws of the state of Delaware without regard to any principles of conflicts of law.
If any part of the terms shall be held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such provision shall be ineffective but shall not affect any other part of the terms.
Any failure by us to partially or fully exercise any rights or the waiver of any breach of the terms by you, shall not prevent a subsequent exercise of such right by us or be deemed a waiver by us of any subsequent breach by you of the same or any other term of the terms. our rights and remedies under the terms shall be cumulative, and the exercise of any such right or remedy shall not limit our right to exercise any other right or remedy.
Any claim arising out of, or relating to, the terms must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. no recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys’ fees. In the event of any controversy or dispute between Ryan Roche and you arising out of or in connection with your use of the website, the parties shall attempt, promptly and in good faith, to resolve any such dispute. if we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law in the courts of the state of New York.
By accessing or using the website, you agree: (i) that any and all disputes you may have with, or claims you may have against ryan roche or its affiliates relating to, arising out of or connected in any way with (a) the website, (b) these terms, or (c) the determination of the scope or applicability of this agreement to arbitrate (a “claim”), will be resolved exclusively by final and binding arbitration in accordance with the rules of the american arbitration association (“aaa rules”). The arbitration will be heard and determined by a single arbitrator. The arbitrator's decision in any such arbitration will be final and binding upon the parties and may be enforced in any court of competent jurisdiction. The parties agree that the arbitration will be kept confidential and that the existence of the proceeding and any element of it will not be disclosed beyond the arbitration proceedings, except as may be required by applicable law.
If you demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, ryan roche will pay as much of the administrative costs and arbitrator’s fees required for the arbitration as the arbitrator deems necessary to prevent the cost of the arbitration from being prohibitive. in the final award, the arbitrator may apportion the costs of arbitration and the compensation of the arbitrator among the parties in such amounts as the arbitrator deems appropriate.
This arbitration agreement does not preclude you from seeking action by federal, state, or local government agencies. You and Ryan Roche also have the right to bring qualifying claims in small claims court. in addition, you and ryan roche retain the right to apply to any court of competent jurisdiction for provisional relief, including pre-arbitral attachments or preliminary injunctions, and any such request shall not be deemed incompatible with these terms, nor a waiver of the right to have disputes submitted to arbitration as provided in these terms.
Neither you nor Ryan Roche may act as a class representative or private attorney general, nor participate as a member of a class of claimants, with respect to any claim. claims may not be arbitrated on a class or representative basis. The arbitrator can decide only your and/or Ryan Roche's individual claims. the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial.
This section limits certain rights, including the right to maintain a court action, the right to a jury trial, the right to participate in any form of class or representative claim, the right to engage in discovery except as provided in aaa rules, and the right to certain remedies and forms of relief. other rights that you or ryan roche would have in court also may not be available in arbitration.
If any provision of this section is found to be invalid or unenforceable, then that specific provision shall be of no force and effect and shall be severed, but the remainder of this section will continue in full force and effect. This section of these terms will survive the termination of your relationship with Ryan Roche.
If you have any questions or concerns about the terms, please send an email to firstname.lastname@example.org
Please be assured that any personal information that you provide in communications to the above email, telephone number and postal address will not be used to send you promotional materials.