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Terms & Conditions
Use of the Site
Reference to "we", "us" or "our" throughout www.fabulouslyfetish.com ("The Website") are to “The Custom Boot and Shoe Company” and the use of the website is governed by these terms and conditions. We reserve the right to modify these terms and conditions at any time without notice to you.
There is no charge imposed by us for accessing the website but you accept the responsibility for payment of the required cost of the communications link which enables you to access the website. Access to the website may be suspended, restricted or terminated at any time and for any reason.
With regard to Links to other Websites, we do not accept any responsibility for websites or other information, practices or products of other parties linked to the website. Your dealings with persons found via the website are between you and such persons and we will not be liable for any loss or damage arising out of such dealings.
Measure and bespoke items are non-returnable and non-refundable.
If, for whatever reason, you are not happy with your shoes when they arrive, please don’t hesitate to contact us and we will do whatever we can to resolve the situation.
- Problems with items which have been worn – please email us with a description and photographs and we will be able to assess whether the damage is due to a fault in manufacturing. If so, we will be happy to repair your items or, if necessary, replace them. Please note this service does not cover general expected wear and tear or damage caused by excessively rough handling.
- Received incorrect item (item is different size/colour etc from what was ordered) – please contact us as soon as possible to let us know. If it is a minor detail and you still wish to keep the shoes we will offer you a discount code. If not, we will replace them for you.
- Received correct item but it does not fit - we can replace shoes and boots which do not fit. However, as they are all made to order, we would have to wait to receive the shoes back and then it will take a few weeks to send out a new pair. The best way to avoid this is to use the size charts and their accompanying instructions to make sure you order the right size, or else send your foot measurements directly to us and we will select the best size for you.
- Made to measure boots do not fit - on the rare occasion that you are unhappy with the fit of a made to measure boot, we will be pleased to replace the boots and amend your pattern. We will require photos and, if possible, markers on the returned boots to show areas which need to be changed. To get as accurate as a result as possible please follow the instructions on the chart carefully, using the proper equipment. It is advisable to get someone to assist you with the leg measurements. It is also worth measuring each more than once to check for anomalies. Please note that we cannot replace boots free of charge if the legs have been measured incorrectly – contact us for assistance if necessary.
- Please find our returns form here.
Intellectual Property and Right to Use
You acknowledge and agree that the material and content contained within the website is made available for your personal non-commercial use only and that you may download such material and content onto only one computer hard drive for such purpose. Any other use of the material and content of the website is strictly prohibited. You agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.
Copyright " Site (c) The Custom Boot and Shoe Company All Rights Reserved.
Limitation of Liability
The website is provided only on an "as is" and "as available" basis without any representation or endorsement made and we make no warranties of any kind, whether express or implied, in relation to the website, or any transaction that may be conducted on or through the website, including but not limited to, implied warranties of satisfactory quality, fitness for a particular purpose, completeness, or any implied warranty arising from course of dealing or usage of trade.
To the fullest extent permissible under applicable law, we disclaim any and all warranties of any kind, whether express or applied, in relation to the goods.
This does not affect your statutory rights as a consumer. You acknowledge that we cannot guarantee and therefore shall not be in any way responsible for the security or privacy of the website and any information provided to or taken from the website by you.
We will not be liable, in contract, tort (including without limitation, negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise arising out of or in connection with these conditions for:
Any economic losses (including without limitation loss of revenue, profits, contracts, business or anticipated savings), or
Any loss of goodwill or reputation, or
Any loss which was not brought to the attention of Cos K London ltd at the time the contract was made or any loss that would be an unforeseeable consequence of a breach of the contract by Cos K London ltd. In any case whether or not such losses were within the contemplation of either of us at the date on which the event giving rise to the loss occurred, was suffered or incurred by one of us arising out of or in connection with the provisions of any matter under these conditions. Nothing in the conditions shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our servants, agents or employees.
All shoes and boots (except for items purchased from the In Stock section) are made to order and will be dispatched when ready, this may take several months depending on circumstances. The time for bespoke orders will vary depending on the order, but these orders will take longer.
Delivery times will vary according to your country and service chosen.
My aim is to dispatch your items as quickly as possible. You will be informed when the item has been dispatched with a tracking number so you can follow the progress of your parcel. If you need your order by a specific date then please let me know and I will do all I can to accommodate.
All packaging is discreet – the company name will not be written and no promotional material will appear on the exterior.
Returns & Exchanges
In accordance with your rights, we are happy to refund unworn and unmarked goods which are returned to us with original packaging and in a saleable condition. We must be notified of returns within 7 days of receiving the goods. We cannot process the refund until the products have been received here and checked.
We cannot provide refunds for items which have been worn and we cannot accept responsibility for items damaged during or after wear (unless manufacturing fault – see below). We cannot accept responsibility for damage to returns during transit back to us. Please pack carefully.
- Faults and defects upon arrival – on the rare occasion that a fault or defect is present on your product when it arrives, please contact us as soon as possible with a description of the fault and photographs so we can advise you on the best way to proceed. We will usually ask you to return the item to us so we can make you a replacement
Your submission of an order represents an offer to purchase the goods indicated by you and it is not binding on us until we have notified you of our acceptance of your order. All advertisements and communications are made by us until your order is accepted by us are invitations to treat only and are not offers. This means that if goods are shown on the site but are not available or are incorrectly priced or otherwise incorrectly described The Custom Boot and Shoe Company shall in no way be obliged to sell you those goods.
You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content supplied as part of the website shall remain at all times vested in us or our licensors. You are permitted to use this material only as expressly authorised by us or our licensors.
While we will use reasonable endeavors to verify the accuracy of any information we place on the website, we make no warranties, whether express or implied in relation to its accuracy.
We make no warranty that the website will meet your requirements or will be uninterrupted, timely, secure or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy or reliability of the materials. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the website.
If any part of the conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be sufferable from these conditions and shall not affect the validity and enforceability of any of the remaining provisions of the conditions.
No waiver by us shall be construed as a waiver of any preceding or succeeding breach of any provision.
Each provision of these conditions shall be construed as separately applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in any circumstances.
These conditions (as amended from time to time) contain the entire agreement between you and us relating to the subject matter covered and supersedes any previous agreements, arrangements, undertakings, representations or proposals, written or oral, between you and us in relation to such matters. You confirm that you have read these conditions and you fully understand them and you also agree that these conditions are the only terms (together with your network provider agreement) that rule your relationship with us.
The conditions shall be governed by and construed in accordance with the laws of Europe and that irrevocably submit to the exclusive jurisdiction of the courts of Europe.