Please read the following general terms and conditions of use carefully before using thefryecompany.com (“Website”). By using this Website or downloading materials from it, you agree to abide by these terms and conditions of use. If you do not agree to these terms and conditions of use, do not use this Website.
This Website is provided by The Frye Company (“Frye”). Frye is a division of Jimlar Corporation (“Jimlar”).
1.A. Limited License
Subject to the terms and conditions set forth herein, Frye grants you a non-exclusive, non-transferable, limited right to access, use, and display this Website and the materials thereon. You agree not to interrupt or attempt to interrupt the operation of this Website in any way.
Frye authorizes you to view and download the information ("Materials") from this Website only for your personal, non-commercial use. This authorization is not a transfer of title in the Materials, or copies of the Materials, and is subject to the following restrictions: 1) you must retain, on all copies of the Materials downloaded, all copyright and other proprietary notices contained in the Materials; 2) you may not modify the Materials in any way or reproduce or publicly display, perform, or distribute or otherwise use them for any public or commercial purpose; and 3) you must not transfer the Materials to any other person.
1.B. Intellectual Property Information
This Website, including all Materials, is copyrighted by Jimlar and protected by United States and international copyright law including all treaties to which the United States is a party. You agree to comply with all such copyright laws in your use of this Website and to prevent any unauthorized copying of the Materials. Content may not be reproduced, downloaded, disseminated, published, or transferred in any form or by any means, except with the prior written permission of Frye.
Copyright infringement is a violation of federal law subject to criminal and civil penalties.
Except as expressly provided herein, Jimlar does not grant any express or implied right to you under any copyrights, patents, trademarks, trade secret or other proprietary information.
FRYE, FRYE & FF Design, FF Design and SMALL FRYE are registered trademarks of Jimlar.
1.C. Disclaimer
INFORMATION, MATERIALS, AND SOFTWARE AVAILABLE ON THIS WEBSITE ARE PROVIDED "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. FRYE SHALL NOT BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, OR OTHER DAMAGES ARISING OUT OF THE USE OF THIS WEBSITE, OR OTHER WEBSITES WHICH MAY BE ACCESSED FROM THIS WEBSITE.
Information on this Website may contain technical inaccuracies or typographical errors. FRYE DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE MATERIALS, OR THE RELIABILITY OF ANY ADVICE, OPINION, STATEMENT, MEMORANDUM, OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THIS WEBSITE. YOU ACKNOWLEDGE THAT ANY RELIANCE ON ANY SUCH ADVICE, OPINION, STATEMENT, MEMORANDUM, OR OTHER INFORMATION SHALL BE AT YOUR SOLE RISK. FRYE RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO CORRECT ANY ERRORS OR OMISSIONS IN ANY PORTION OF THIS WEBSITE. FRYE MAY MAKE ANY OTHER CHANGES TO THIS WEBSITE, THE MATERIALS, AND THE PRODUCTS, PROGRAMS, SERVICES, OR PRICES (IF ANY) DESCRIBED ON THIS WEBSITE AT ANY TIME WITHOUT NOTICE.
1.D. International Users
This Website is controlled, operated, and administered by Frye from its offices in the United States of America. Information that Frye publishes on this Website may contain references or cross references to programs and services that are not announced or available in your country. Such references do not imply that Frye intends to announce such products, programs, or services in your country.
1.E. Third Party Links
Frye makes no representations whatsoever about any other website which you may access through this Website. When you access such other websites, please understand that it is independent from Frye, and that Frye has no control over the content on that website. In addition, a link to a non-Frye site does not mean that Frye endorses or accepts any responsibility for the content or the use of such website. It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, Trojan horses, and other items of a destructive nature.
1.F. Information provided by you
Frye does not want to receive confidential, proprietary, or trade secret information including but not limited to materials, suggestions, ideas, or comments, through this Website from you (“User Generated Content”). Please note that any such User Generated Content sent to Frye will be deemed non-confidential. Moreover, by submitting such User Generated Content, you are granting Frye an irrevocable and unrestricted license to use, modify, reproduce, transmit, display, and distribute such User Generated Content for any purpose whatsoever including but not limited to developing, manufacturing, and marketing products incorporating feedback.
1.G. Governing Law
These Terms and Conditions of Use shall be governed by the laws of the State of New York, without giving effect to its conflict of laws provisions.
PRIVACY POLICY
We, at Frye, value your privacy. We do not share or sell your information to third parties. thefryecompany.com allows you to buy Frye products, enter occasional contests, receive special discounts, fill out surveys, and receive newsletters, e-mails and other promotional information from us. We use the information that we collect about you exclusively to fulfill your purchases and to create a more personalized online experience. This policy may change from time to time. All changes will be posted on thefryecompany.com as indicated in Section 9 below.
Frye is a division of Jimlar. Only Jimlar will collect, maintain, or use your information.
This Privacy Policy will explain the following regarding use of thefryecompany.com:
1. What information does thefryecompany.com collect from you, and for what purpose?
In order to better provide you with products and services, thefryecompany.com collects two types of information about its visitors: personally identifiable information and non-personally identifiable information. Our primary goal in collecting information from you is to provide you with a smooth and customized experience while using thefryecompany.com.
In order to most efficiently serve you, credit card transactions and order fulfillment are handled by established third party banking, processing agents, and distribution institutions. They receive the information needed to verify and authorize your credit card or other payment information and to process and ship your order.
Personally Identifiable Information
This refers to information that let’s us know the specifics of who you are. Personal information is requested when you order a product or service, enter contests or sweepstakes, fill out surveys, and send us feedback. For example, this information might include your name, billing address, shipping address, telephone number, e-mail address, credit/debit card or other payment information, and product details. With this information, we can fill your orders, and better provide you with personalized services.
Non-Personally Identifiable Information
This refers to information that does not by itself identify a specific individual. Thefryecompany.com gathers certain information about you based upon where you shop on it in several ways. This information is compiled and analyzed on both a personal and an aggregated basis. For example, this information may include the Uniform Resource Locator ("URL") of the website from which you came from, which URL you next go to, what browser you are using, and your Internet Protocol ("IP") address. A URL is the global address of documents and other resources on the World Wide Web. An IP address is an identifier for a computer or device on a Transmission Control Protocol/Internet Protocol ("TCP/IP") network, such as the World Wide Web. Networks like the World Wide Web use the TCP/IP protocol to route information based on the IP address of the destination. In other words, an IP address is a number that is automatically assigned to your computer whenever you are surfing the web, allowing web servers to locate and identify your computer. Computers require IP addresses in order for users to communicate on the Internet, browse and shop.
2. Where does thefryecompany.com collect information about you?
Thefryecompany.com gathers information in the following ways:
Shopping
Thefryecompany.com collects information from visitors to its site regarding the URLs they came from, domain types (e.g., .com or .org), their IP addresses, the date and time of their visit or order, the number of visits and orders, the number of visits per browsing session, the operating system and browser type used to come to the site, the country, state, and telephone area code where their servers are located, the pages and page titles of its site that visitors viewed during their visit, whether the visitor's computer is enabled for Java or cookies, browser language, applications, and plug-ins, and any search terms entered on thefryecompany.com.
Ordering
When you order from thefryecompany.com, it collects personally identifiable information from you. If you order one of our products or services, thefryecompany.com will collect and maintain your name, e-mail address, billing address, shipping address, telephone number, product selections, credit/debit card or other payment information, order number, referring URL, IP address, page you bought from and a password. It collects this, and other information, as disclosed in this policy, in order to fill your order, to communicate with you about your order, and possibly to send you promotional materials. Before confirming your order, you will have the opportunity to review the product order form and make changes and additions to the information it contained and these changes will be automatically kept for future use.
Online Surveys and Polling
In order to improve our services to you, we may ask some of our customers to voluntarily complete surveys. Individual survey answers are confidential, although only non-personally identifiable information is collected. If you do not wish to participate in a survey, simply decline to participate when asked.
Contests and Sweepstakes
If we should hold a contest or sweepstakes and you opt to enter, thefryecompany.com may ask you for contact information such as your name, address, and e-mail address in order to administer the contest, to send you promotional e-mails, notify winners and make the winners' list publicly available pursuant to applicable laws. Your consent to such promotional use and disclosure of this information is a condition of your participation. As a condition of receiving any prize, you will be required to submit an Affidavit of Eligibility, for us to ensure that you are eligible to receive the prize according to the Contest Rules.
Newsletters & Promotional E-mails
Periodically, we may offer free newsletters, and promotional e-mails as a service to our customers. These newsletters and e-mails will be sent to you via e-mail and will contain information on how to opt out of future newsletters and promotional e-mails.
Contact Information
If you contact our customer service representatives by telephone, e-mail or letter, we may keep a record of your correspondence or comments. If you report a problem with thefryecompany.com, we may collect such information in a file specific to you. If you contact us through our feedback area or by calling one of our customer service representatives, we may ask for your name, e-mail address and order information in order to send you a reply.
Cookies
We may use cookies in the operation of thefryecompany.com; to find out what cookies are and how they are used, see Section 7 below.
3. Who is collecting your information, and with whom is it shared?
Only Jimlar maintains and may use your information. It is not shared with any other third parties with the exception of third party companies such as credit/debit card processing centers, and shipping carriers employed by Jimlar to perform functions on its behalf including order fulfillment, postal and email delivery, and credit processes. The only information shared is that information which is necessary to process your order.
We reserve the right to disclose your information as required by law, and when we believe disclosure is necessary to protect our rights and/or comply with a judicial proceeding, court order, or legal process served on us.
4. How can you update or correct your personally identifiable information?
You have the ability to access and edit the personal information that you have provided to thefryecompany.com. During the online ordering process you can review, change, or delete the information that you have submitted. You may change any of your personal information in your account online at any time. We encourage you to promptly update your information if it changes. You may ask to have the information on your account deleted or removed; however, because we keep track of past purchases, you cannot delete information associated with past purchases. Also, as a security measure we "back up" the data stored on our systems, and such prior information cannot be completely removed from our databases. As a result, you should not expect that all of your personally identifiable information will be completely removed from our backed-up databases.
5. What are your choices regarding collection, use, and distribution of your information?
We may from time to time send you e-mail or other communications regarding current promotions, specials, and new additions to thefryecompany.com. You may "opt-out," or unsubscribe from our newsletters by following the unsubscribe instructions in any e-mail you receive from us, or by sending an e-mail to Frye-Privacy@thefryecompany.com. After doing so, you will not receive future promotional emails unless they open a new account, enter a contest, or sign up to receive newsletters or emails. Please allow up to 2 weeks to process your request.
6. What security precautions are in place to protect against the loss, misuse, or alteration of your information?
When you access your account information, the information is kept on a secure server. All of the customer data we collect is protected against unauthorized access by physical security means.
7. What are "Cookies", and how are they used?
When you use thefryecompany.com, it may store cookies on your computer in order to facilitate and customize your use. A cookie is a small data text file, which a website stores on your computer's hard drive (if your Web browser permits) that can later be retrieved to identify you to fryeboots.com. Thefryecompany.com’s cookies store randomly assigned user identification numbers, the country where you are located, and your first name to welcome you back to thefryecompany.com. The cookies make your use of thefryecompany.com easier, allow you to retrieve an earlier shopping cart, make thefryecompany.com run more smoothly and help us to maintain a secure site. You will be unable to shop on thefryecompany.com without your browser set to accept cookies.
8. How do I Contact Frye with privacy questions or concerns?
If you have any questions about this Privacy Policy, the practices of thefryecompany.com, or your dealings with thefryecompany.com, please contact Frye by sending a letter to:
The Frye Company
160 Great Neck Road
Great Neck, NY 11021
9. Will this Privacy Policy change?
This Privacy Policy was last changed in November, 2006. If we make changes to any terms or conditions of the Privacy Policy, the changes will be posted in this document which is always located on thefryecompany.com. We may change, modify, add, or remove portions of this policy at any time, and any changes will become effective immediately upon being posted unless stated otherwise.
10. What about children’s privacy?
The Children's Online Privacy Protection Act took effect on April 21, 2000 and imposes certain requirements on websites directed toward children under 13, that collect information on those children, or websites that know they are collecting information on children under the age of 13. We do NOT sell products for purchase by children under 13 through fryeboots.com. Youth-oriented products are sold for purchase by adults only. We will not knowingly or intentionally collect personal information from children under the age of 13. Frye is committed to protecting the welfare and privacy of children.
CUSTOMER SERVICE
1. General Sizing Information
A small amount of heel slippage is normal with new boots. It will gradually decrease as you wear them. Many people have one foot that is slightly larger than the other. If your foot is between sizes, we recommend you order down a size. If no wide is available, you may need to order half size up.
When you receive your boots, try them on in the afternoon, as feet tend to be largest this time of day. Try your boots indoors on carpeted surfaces and wear the socks or tights you would normally wear. Make sure you can wiggle your toes.
2. Returns Policies and Procedures
(a) We want you to be pleased with your Frye purchase. If the Frye product you purchased directly from Frye is not everything you expected, return it () in accordance with the procedures detailed in this Section 2, within 30 days from date of purchase (Don’t forget to include a copy of your invoice/receipt) and we will, at your option, REPLACE it (same or like product) or issue you a REFUND. This 30 day return policy is for unworn products ONLY, and all returns are inspected upon receipt at the returns facility. So, make sure to try your purchased Frye product on a carpeted area so as to not damage the sole.
(b) We STRONGLY suggest that you:
i. Return the package by a carrier (e.g. UPS) that can track your return.
ii.Insure the parcel for the full value (Frye is not responsible for packages lost in transit from you to us).
iii.You must pay all return FREIGHT charges (see section (d) below for additional information)
(c) If Frye’s product suffers from a manufacturer’s defect, return it (see section b above) within ONE YEAR from date of purchase (Don’t forget to include a copy of your invoice/receipt) and we will, at our option, REPLACE (same or like product), REPAIR or issue you a REFUND. Frye warrants all parts of its product with the exception of any damage due to accident, misuse or abuse.
(d) REFUNDS will include original FREIGHT charges to you and UPS ground charges back to us ONLY IF the return is due to a manufacturer’s defect, or due to a shipping error on our part, but not for other returns
(e) For refunds, we will credit your account within 15 business days of receipt of your packaged return according to the policies stated above.
(f) Should a return be necessary, please use the returns form and shipping label included with your purchase. If you cannot locate your returns form, follow the directions below to download and print the PDF returns form. If you cannot locate the shipping label, you may create your own indicating the following address:
Retail Logistics, LLC
Frye Direct Returns
25 Continental Drive
Wayne, NJ 07470
(g) If you make a return under Section a of this returns policy and want a replacement pair, or if we, at our option, elects to replace the returned product under Section c of this Returns Policy, we MUST charge you for the replacement pair at the time it ships. We will credit your account within 15 business days of receipt of your packaged return according to the policies stated above.
(h) Frye is not responsible for any open balances, overdraft fees or service charges resulting from the timing of charges or credits to your account.
NOTE:
These returns policies and procedures as well as the use of the "Frye Direct Returns Form" apply ONLY to consumers who purchased their Frye product from Frye (either by internet or by phone).
If you purchased your Frye product from someone other than Frye and you opt to use these procedures anyway, your return may be lost with no credit issued nor further action taken by Frye.
Therefore, if you purchased your Frye product from someone other than Frye, please contact your chosen place of purchase OR call our customer service at 1-800-826-3793 OR send an e-mail to FryeCustomerService@thefryecompany.com detailing your issue or concern.
If you are a Frye Retailer, please contact your sales representative or your customer service representative at 1-800-826-3793.
Click here to download the "FRYE DIRECT RETURNS FORM" and follow the step-by-step instructions.
Click here to download Adobe Acrobat Reader.
3. Shipping Policies
Frye ships to the continental US, Hawaii, Alaska and Puerto Rico using UPS. Services offered are UPS ground, UPS Blue and UPS Red – standard air. All shipping and handling charges are the responsibility of the customer.
Shipping costs for orders withthefryecompany.com depend upon the method you choose.
If you order multiple items which due to stock conditions cannot be shipped together, you will be notified by e-mail or by phone and asked how you would like your order to be handled (e.g. ship when all items are in stock or ship as the items become available or ship items in stock and cancel the balance).
If you choose to ship items as soon as they become available, we'll charge you full per-shipment fees for each shipment as well as a per-item fee for each item.
When you place an order with thefryecompany.com, we will offer shipping rates based on the shipping options you choose. We requires 1-2 business days (generally Monday through Friday excluding certain holidays) to process your order before tendering it to UPS for shipment. Therefore, something ordered by UPS Red – Standard Air will not arrive the next day after your order has been placed or confirmed. UPS Red – standard air shipments will be delivered 2-3 business days after your order has been placed and confirmed. UPS retrieves shipments from our warehouse on business days only. Frye is not responsible for delays caused by UPS.
4. Credit/Debit Card Policies
We reserve the right to not ship to an address or name that is different from the credit/debit card billing address or name.
If you wish to ship your purchase to a name or address that is different to what is on your credit/debit card billing statement, you must first register that address with your credit card’s issuing bank.
In such an event, we will validate it with your credit/debit card company. If your credit/debit card company cannot validate the shipping address or name, we reserve the right not to process your order. This is for your protection as well as that of Frye.
5. Online Technical Support
If you are experiencing technical difficulties in browsing thefryecompany.com, or if you have problems completing your online purchase please e-mail as at Fryetechsupport@thefryecompany.com and someone from our technical support staff will contact you as soon as possible.
In order to provide better customer service we advice that when you e-mail our technical staff to be as detailed as possible as to the difficulties you are having and to provide us with information regarding your computer, operating system, browser and internet service provider.
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