Last Updated: February 18, 2025
Feel The World Inc. DBA Xero Shoes sets the standard for excellence in barefoot inspired footwear, embodying our commitment to innovation, quality and design. These Authorized Retailer Terms & Conditions (“Agreement”) are established to preserve the integrity and reputation of Xero Shoes by regulating the sale of Xero Shoes products (“Products”) through authorized channels. This Agreement applies to authorized retailers (“Retailers”) and governs direct sales by Xero Shoes. By engaging in the purchase or sale of Xero Shoes Products, you accept the terms outlined herein, as publicly posted on our website.
ORDERING AND COMPLIANCE
- Product Ordering: Retailers must submit orders through Xero Shoes official ordering channels. Xero Shoes reserves the right to review, modify, or cancel orders based on inventory availability, market demand, or compliance issues.
- Direct Sales: Xero Shoes engages in direct sales to consumers through its official website and designated platforms. These sales are intended to complement the retail distribution channel, providing end-users with various purchasing options.
RETAILER OBLIGATIONS & SALES GUIDELINES
- Prohibition of Third-Party Marketplace Sales: Retailers are expressly prohibited from listing or selling Xero Shoes Products on third-party marketplaces (including but not limited to Amazon, eBay, Walmart Marketplace) unless authorized by Xero Shoes in writing. This measure is critical to preserving the brand’s integrity, ensuring a high-quality consumer buying experience and protecting against unauthorized sales and counterfeit products.
- End-User Focus: Retailers are obligated to sell Xero Shoes Products solely to end consumers unless authorized by Xero Shoes in writing. Bulk purchases or sales indicating resale intentions, particularly beyond the agreed territory, are strictly prohibited.
- Territory and Channel Restrictions: Retailers must not market or sell Products outside their designated territory without explicit written consent from Xero Shoes. Online sales are permitted on Retailer-owned websites.
- Marketing and Promotion: Retailers agree to adhere to Xero Shoes marketing guidelines, ensuring promotions, advertising, and pricing strategies align with Xero Shoes brand positioning and pricing policies.
PRODUCT CARE, HANDLING & QUALITY ASSURANCE
- Inspection: Upon receiving Products, Retailers are responsible for inspecting for defects or damage.
- Storage & Handling: Products must be stored in conditions that preserve their quality, adhering to Xero Shoes’ specified storage guidelines.
- Product Authenticity and Presentation: Retailers must guarantee the authenticity of the Products sold, ensuring they are in original packaging, unaltered, and presented in a manner consistent with Xero Shoes’ premium brand image.
- Recall Co-operation: In the event of a product recall, Retailers are required to fully cooperate with Xero Shoes to facilitate the recall process. This includes promptly removing affected products from sale, notifying consumers who have purchased the recalled items, and providing clear instructions for product return or disposal, as directed by Xero Shoes.
- Safety Information Dissemination: Retailers must commit to disseminating consumer safety information related to Xero Shoes Products as provided by Xero Shoes. This includes updates on product usage, safety warnings, and other critical information to ensure end-user well-being.
- Reporting Safety Concerns: Retailers are obliged to report any consumer feedback or incidents related to the safety of Xero Shoes Products to Xero Shoes immediately, facilitating timely actions to address potential safety issues.
- Original Packaging Requirement: Retailers must sell Xero Shoes Products in their original packaging. The original packaging ensures that customers receive authentic and unaltered products, maintaining the high-quality standards set by Xero Shoes.
- Prohibition on Alterations: Altering, relabeling, or repackaging Xero Shoes Products, including the separation of bundled products or creating unauthorized bundles, is strictly prohibited. Such actions compromise the integrity of Xero Shoes Products and mislead consumers.
- Tampering and Brand Information: Retailers shall not tamper with, remove, or alter any batch codes, identifying information, copyright notices, trademarks, or proprietary markings on Xero Shoes Products or their packaging. Modifying content labels or accompanying literature is also prohibited to ensure accurate and brand-compliant product representation.
- Product Knowledge: Retailers and their sales personnel are expected to possess thorough knowledge of Xero Shoes Products. Adequate training should be provided to ensure the team can advise customers on product selection, features, and safe use, as well as warranty or return policy information.
- Responsive Customer Service: Retailers must make themselves readily available to respond to customer inquiries before and after sales. Prompt, informative, and courteous responses to customer concerns are essential for maintaining Xero Shoes ’ reputation for exceptional service.
- Professional Representation: Retailers and their agents must always represent Xero Shoes Products professionally. Conduct that could be detrimental to the reputation of Xero Shoes is unacceptable. Retailers agree to cooperate with Xero Shoes in any investigations into such matters, ensuring that the brand’s esteemed image is preserved.
WARRANTIES & GUARANTEES
- Warranty Provision: Xero Shoes provides a warranty for its Products against defects in materials and workmanship under normal use for a specified period from the date of retail purchase by the original end-user purchaser, subject to the terms and conditions outlined in the warranty policy (view here).
- Retailer Obligations: Retailers are required to inform customers about the warranty coverage of Xero Shoes Products at the point of sale. This includes providing clear instructions on how to activate the warranty, if necessary, and how to make a claim should an issue arise.
- Warranty Claims Processing: Retailers may be authorized by Xero Shoes to process warranty claims on behalf of customers for Xero Shoes Products purchased through them. This process must be carried out in strict adherence to Xero Shoes warranty procedures, ensuring a smooth and efficient resolution for the customer.
- Satisfaction Guarantee: Xero Shoes may offer a satisfaction guarantee on certain Products, allowing customers to return the Products within a specified period if they are not fully satisfied. Retailers are responsible for managing such returns in accordance with Xero Shoes policies, ensuring that customers are aware of their rights under this guarantee.
- After-Sales Service: Retailers must provide exemplary after-sales service, including handling inquiries related to warranties, guarantees, and product maintenance. This commitment to service excellence reflects Xero Shoes dedication to customer satisfaction and brand loyalty.
- Limitation of Warranties:
- Exclusions: The warranty does not cover damage caused by misuse, abuse, unauthorized modification or repairs, or accidents. Retailers must clearly communicate these exclusions to customers to prevent invalid warranty claims and ensure customers understand how to properly care for their Xero Shoes Products.
- Unauthorized Sales: Products sold through unauthorized channels, including but not limited to third-party marketplaces, are not covered by Xero Shoes warranties and guarantees. Retailers must refrain from selling Xero Shoes Products on such platforms to ensure their customers receive the full benefits of Xero Shoes warranty and guarantee policies.
INTELLECTUAL PROPERTY & Xero Shoes® REPRESENTATION
- Intellectual Property Use: Retailers are granted a non-exclusive, revocable license to use Xero Shoes trademarks and copyrighted materials for the purpose of advertising and selling the Products. This license is conditional on strict adherence to Xero Shoes brand guidelines.
- Brand Advocacy: Retailers commit to being ambassadors of Xero Shoes, providing accurate product information, and maintaining the highest level of customer service.
COMPLIANCE AND ENFORCEMENT
- Monitoring and Reporting: Xero Shoes will monitor Retailer compliance with this Agreement. Retailers are required to report any suspected counterfeit sales, unauthorized distributors, resellers, or other activities that could cause customer confusion or harm Xero Shoes’ brand integrity.
- Remedial Actions: In the event of non-compliance, Xero Shoes reserves the right to take corrective actions, including but not limited to, termination of Retailer’s authorization, legal action for breach of contract, and pursuit of injunctive relief to prevent further violations.
AUTHORIZATION FOR EXCEPTIONS
- Written Authorization Required: Unless explicitly stated within specific sections of this Agreement, any deviations from, exceptions to, or special permissions related to the terms outlined herein, including but not limited to sales channels, geographic territories, product alterations, and online marketplace restrictions, require prior written authorization from Xero Shoes. Such authorization must be obtained directly from an authorized Xero Shoes representative and will be documented in a manner that clearly outlines the scope, limitations, and duration of the authorization.
- Scope of Authorization: Retailers seeking exceptions to the standard terms must submit a detailed request to Xero Shoes outlining the nature of the exception sought and the reasons for the request. Xero Shoes reserves the right, at its sole discretion, to grant or deny such requests based on Xero Shoes strategic interests, brand integrity, and operational considerations.
- Compliance with Authorized Exceptions: Retailers granted an exception must strictly adhere to the terms of the written authorization. Any deviation from the authorized terms may result in immediate revocation of exceptions, termination of the Retailer’s authorized status and legal action for breach of contract.
- Validity and Revocation: All authorizations for exceptions are valid for the period specified in the written authorization. Xero Shoes reserves the right to revoke any authorization at its discretion, subject to providing reasonable notice to the affected Retailer, except in cases where immediate revocation is necessary to protect Xero Shoes brand integrity or comply with legal requirements.
GENERAL PROVISIONS
- Amendments: Xero Shoes may update this Agreement at any time. Continued engagement in purchasing or selling Xero Shoes Products after such updates constitutes acceptance of the new terms.
- Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the jurisdiction where Xero Shoes is headquartered, without regard to its conflict of law provisions.
By engaging with Xero Shoes Products, both Retailers and direct consumers acknowledge and agree to these Terms & Conditions as set forth. This Agreement ensures that Xero Shoes Products are sold and distributed in a manner that supports Xero Shoes quality standards, brand reputation, and commitment to customer satisfaction.