The following terms and conditions (henceforth: the Terms and Conditions”) are valid between you and Utöpia (henceforth: Utöpia; may be referred to as “us” and “we”) and apply to all use of and orders placed on Utöpia website Utöpia.com, and orders made by telephone, e-mail or by live chat with Utöpia’s Customer Service team (henceforth together: the “Website”). Please note that Utöpia does not guarantee that all products presented on the Website are in stock or are available for purchase. Utöpia reserves its right to stop selling a product. Orders can only be placed by persons that are 18 years or older. Utöpia reserves the right to revise the Terms and Conditions at any time. The date of the latest update is found in the final section of the Terms and Conditions. Users are responsible for keeping themselves updated with such changes. Please note that the terms and conditions valid for your order is always the terms and conditions that is in effect as of the time that you have placed your order and not a later version. You should keep a copy of these Terms and Conditions for future reference.
The language of the Terms and Conditions is English.
- My account
When creating an account online, you will be able to choose a password with which you can log in to your account online and view your order history and track your order. If you would like to delete an account you can also contact info@utöpia.com and the customer care team will assist you. If you sign up, you can also chose to store a credit card for a future purchase. All information regarding your stored credit cards can be changed and deleted when logging in to your account. Your details will be protected using Global Sign Encryption and will speed up your checkout the next time you shop.
- Placing order
- Order confirmation
After submitting your order, we will send you an order confirmation e-mail 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 e-mail will be sent with all relevant information about your order. The shipping confirmation or pick-up notification is our acceptance of your order. Please note that Utöpia does not guarantee that all products presented on the Website are in stock at the time of your order. If a product is unavailable, we will contact you shortly, by phone or by e-mail. If we already have received payment for such product, we will refund you the amount of the purchase.
Utöpia’ goal is to describe the products at the Website as correctly as possible. However, please note that due to the color settings of your computer, the colors of the products shown in the pictures on the Website can differ somewhat from their actual colors. Utöpia cannot be held responsible for any such discrepancy.
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 the Utöpia may cancel the order even if it has been accepted by Utöpia 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.
- Personalised items
Personalised products through printing of initials cannot be returned or refunded. Once the order has been sent by the customer and confirmed by Utöpia, the customer will be informed via an order confirmation email. Once the order is processed and accepted, the customer will receive a shipping confirmation email. Personalised items may be delivered in a time slot indicated on the site which may be longer than regular delivery slots. Because of the clearly personalized nature of personalised products and the fact that they are produced specifically for the customer, they cannot be returned, refunded or exchanged. Similar, the customer does not have the right to cancel the order.
The following payments are accepted. Credit cards and debit cards
Payment can be made by the following credit cards: Visa, Mastercard and American Express. Payment can also be made by the following debit cards: Visa and Maestro. (Maestro and Visa Electron: please check with your bank to make sure your card is valid for online purchases). 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 Utöpia 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 Adyen, 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 Utöpia. 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 Utöpia, your order will be cancelled. We are not responsible for any charges or penalties which may be imposed by the payment provider as result of payment being processed in respect of your order.
When selecting the PayPal option, you will be directed to the PayPal site to “Log In” and review the amount shown before clicking “Pay Now”. Once this transaction is complete, you will then return to the Website.
When selecting the Alipay option, you will be directed to the Alipay payment page, where you can either scan a given QR code or “Log In” to review the amount shown before approving such payment. Once the transaction is complete, you will then return to the Website.
When selecting the Wechat Pay option, you will be directed to the Wehchat Pay payment page, where you can either scan a given QR code or “Log In” to review the amount shown before approving such payment. Once the transaction is complete, you will then return to the Website.
When selecting Apple Pay payment option, you will be directed to the Apple Pay payment page, where you can select your shipping address and confirm your payment with your device fingerprint. Once the tranasction is complete, you will then return to the Website.
Stored Credit Cards
At Checkout you can chose to save your credit card for future purchases if you are logged in to your Utöpia account. Your details will be protected using Global Sign Encryption and will speed up your checkout the next time you shop.
When placing an order with a gift card, the order can only be shipped to the same country as where the gift card was issued. Utöpia are unable to change the currency of the gift card in order to use it in another country. Gift cards are valid five year from the date when they were purchased.
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 48 hours during weekdays, or 2-3 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 Utöpia fails to deliver within 60 days, you may have the right to cancel the purchase. Your order will be delivered by UPS to the shipping address you have indicated, or to the store you have indicated if you have elected to collect in store. 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 orders you have chosen to collect in store, tracking information will not be displayed – please wait for an email notification stating that your item is ready to be picked up.
First-time order policy
For security purposes, Utöpia 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.
- 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 Utöpia 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 you Utöpia.com account and following the instructions in this section. Please note that you of course do not need to use the electronic system but may send us an e-mail to the info@utöpia.com with (i) your order information, and (ii) 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 Utöpia.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 and tape securely.
- Call UPS at 1-800-PICK-UPS (1-800-742-5877) to arrange a collection.
Return your package to our return center at:
Utöpia, 767 Wells Road, Boulder City, NV 89005, USA
We prefer that products be returned through Utöpia return service to ensure they are protected and insured during transit. However, you may return the products by any secure transport.
Refund relating to returns
If you choose to return your purchase in accordance with the terms set forth in this section 11, Utöpia will issue a refund of the amount paid to Utöpia. However, if Express shipping has been used, Utöpia will not issue a refund of the original shipping fee. Utöpia will pay the refund within 14 days of the date on which we have received your notice of return/exchange, under the condition that Utöpia has received the product/s from you or if Utöpia has obtained proof that the products have been sent back to Utöpia. 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 Utöpia 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, Utöpia then has the right to withhold such 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.
Purchased products are exchangeable into a different size in accordance with the terms set forth in this section 11. All exchanges are based on stock availability. If you have exchanged a product, Utöpia will pay the shipping costs for the new product.
Shipping costs for returning the products
Utöpia offer a free return service and Utöpia will pay the shipping cost for returning the products sent from the U.S. for a refund or an exchange.
Returning ‘collect in store’ orders
Should you have chosen to collect an order placed on Utöpia.com in a store, the item will be held in store for a period of 14 days from, and including, the date on which you receive a notification email that the order is ready to be picked up. If the order is not picked up within that period, Utöpia will refund the full order balance to the payment source used for the original purchase. Once your order is collected in store, the terms listed above for returns and exchanges of orders placed on Utöpia.com apply. As you will not receive a pre-paid return label when you collect in store, please contact info@utöpia.com with your order information and request that a label be sent to you.
Discounted items purchased during Utöpia Archive pop-up sale are Final Sale, and therefore not eligible for return or exchange.
- Defective products
If you receive defective products, please notify us immediately and within a reasonable time after you have detected that the products are defective. If Utöpia reasonably determines that the products are in fact defective, Utöpia reserve the right to send you a non-defective identical replacement item will make a full refund to you, including shipping costs.
- Utöpia’ quality guarantee
Utöpia acts in accordance with applicable consumer regulations. Please notify us as soon as possible after receiving defective products.
- Copyright permission notice
Copyright in the documents provided in this site (including, without limitation, the trademarks of Utöpia, graphics, text, photos, designs, logos, icons, images, data and software) are owned by or licensed to Utöpia and its affiliates. You are authorized to use this material only for personal, non-commercial purposes. You may download, print and store copies of this material for your own personal, non-commercial use, provided this Copyright Permission Notice is included in all such copies. You may not charge anyone for use of the material and you may not publish, duplicate or otherwise distribute the material to others without prior consent from Utöpia. You may not modify the material in any way, without the prior written permission of the copyright owner. Except as expressly stated in this legal notice, no rights or licenses to the material, or any portion thereof, shall be granted or implied.
For press inquiries info@utöpia.com
Utöpia’ trademarks include but are not limited to the Utöpia name and logo. Please note that your use of this Website does not grant you any rights to use our trademarks.
Utöpia use Secure Socket Layers (SSL), the industry standard in transferring information to process your orders. Utöpia online shop secures communications by encrypting all data to and from the site. When placing an order, you can immediately check the security validity by clicking the Thawte icon at checkout. For security reasons, we do not store any payment information in our database.
- No liability
While Utöpia endeavors to keep your information private, in no event will Utöpia be liable to you for any incidental, consequential, or indirect damages (including, but not limited to, damages for loss of data, loss of programs, cost of procurement of substitute services or service interruptions) arising out of the use of or inability to use the Website, even if Utöpia’ or its agents or representatives know or have been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, Utöpia’s liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to Utöpia.
To the fullest extent permitted by applicable law, Utöpia and all officers, directors, owners, employees, agents, information providers, affiliates, licensors and licensees (all of the foregoing, collectively, the “Indemnified Parties”) shall in no event be liable for any claims, charges, demands, damages, liabilities, losses, or expenses of whatever nature and howsoever arising, including without limitation any compensatory, incidental, direct, indirect, special, punitive, or consequential damages, loss of use, loss of data, loss caused by a computer or electronic virus, loss of income or profit, loss of or damage to property, claims of third parties, or other losses of any kind or character, even if Utöpia or the Indemnified Parties have been advised of the possibility of such damages or losses, arising out of or in connection with the use of this Site or any Web site with which it is linked. You assume total responsibility for establishing such procedures for data backup and virus checking as you consider necessary.
- Resale Policy
You may purchase products on Utöpia.com for personal use only and not for resale. By placing an order on Utöpia.com, you certify that you are purchasing products for your own personal use and not for resale and that you accept the Terms and Conditions. We reserve the right to refuse orders for any reason without explanation.
- Information on the website
Utöpia cannot promise that the content of the site is free of inaccuracies or typographical errors. Neither can we guarantee that all information is up-to-date. Utöpia may, at any time, amend the content of the site. Although Utöpia strives to display the correct texts, images and pricing on the site and online shop, errors may occur. Part of the services provided through the site are maintained by third party operators. In situations where Utöpia acts as agent for such services, we cannot be held responsible for any errors resulting from their activities. Utöpia cannot be held responsible for any damage caused from using the site or, for that matter, not being able to use the site. Utöpia cannot guarantee problem-free, uninterrupted, and secure access to the site.
The Website may contain links to other websites beyond our reach. We cannot be held liable for content or privacy policies of such sites.
- Violation of rules
Utöpia reserves the right to seek all solutions available at law and in equity for violations of these Terms and Conditions, including the right to block access to the site. Individuals violating the restriction of password-protected areas of the site may be subject to prosecution.
- Utöpia responsibility
Utöpia liabilities to you are limited in each separate case to these Terms and Conditions unless otherwise is stipulated by law. In no case whatsoever will Utöpia assume any liability for indirect damages such as loss of profit or in case of force majeure such as war, civil war, revolution, riot, governmental measures, strike, lockout, blockage, failure of electricity, telephone or internet service, natural disasters or similar events. Utöpia’ liabilities to you will never exceed your total purchase amount for each order. In case of force majeure, Utöpia’ obligations will be suspended. The contract between you and Utöpia can, in such cases, be partially or fully terminated by yourself or by Utöpia.
- Provisions severability
If any part of these Terms and Conditions are held to be invalid or unenforceable, such determination shall not invalidate any other provision of these Terms and Conditions; instead the invalid terms and conditions shall be replaced with other terms in order to give effect to the commercial intentions of these Terms and Conditions.
- Claims resolution
Contact Utöpia First
If a dispute arises between you and Utöpia, our goal is to learn about and address your concerns. You agree that you will notify Utöpia about any dispute you have with Utöpia regarding these Terms & Conditions by contacting Utöpia.
You and Utöpia agree, subject to section 26(G) (Protection of Confidentiality and Intellectual Property Rights), to submit any claim, dispute, action, cause of action, issue, or request for relief arising out of or relating to these Terms & Conditions or your use of the Products and/or Subscription Services to binding arbitration rather than by filing any lawsuit in any forum other than set forth in this section. Further you agree arbitration is final and binding and subject to only very limited review by a court. You also waive your right to any form of appeal, review or recourse to any court or other judicial authority, insofar as such waiver may be validly made.
This provision is intended to be interpreted broadly to encompass all disputes or claims arising out of or relating to your use of the Products. Subject to section 26(G) (Protection of Confidentiality and Intellectual Property Rights), any dispute or claim made by you against us or us against you arising out of or relating to these Terms & Conditions or your use of the Products(whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory) will be resolved by binding arbitration except that you may take claims to small claims court if they qualify for hearing by such a court.
You must first present any claim or dispute to Utöpia by contacting us to allow us an opportunity to resolve the dispute. You may request arbitration if your claim or dispute cannot be resolved within 60 days after presenting the claim or dispute to Utöpia. Utöpia may request arbitration against you at any time after it has notified you of a claim or dispute in accordance with section 27(Notifications).
The arbitration of any dispute or claim shall be conducted in accordance with the then current and applicable rules of the American Arbitration Association as modified by this agreement. The place of any arbitration will be New York, NY, USA, and will be conducted in the English language. Claims will be heard by a single arbitrator. The arbitrator may not award relief in excess of or contrary to what this agreement provides, order consolidation or arbitration on a class wide or representative basis, award punitive or consequential damages or any other damages aside from the prevailing party’s actual damages, or order injunctive or declaratory relief, except that the arbitrator may award on an individual basis damages required by statute and may order injunctive or declaratory relief pursuant to an applicable consumer protection statute.
Any arbitration shall be confidential, and neither you, nor Utöpia nor the arbitrator may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement or appeal of the arbitration award. Judgment on any arbitration award may be entered in any court having proper jurisdiction. If any portion of this arbitration section is determined by a court to be inapplicable or invalid, then the remainder shall still be given full force and effect.
No Class Actions
There shall be no right or authority for any claims subject to this arbitration section to be arbitrated on a class action or consolidated basis or on bases involving claims brought in a purported representative capacity on behalf of the general public (including, but not limited to, as a private attorney general).
Fees and Expenses.
All administrative fees and expenses of arbitration will be divided equally between you and Utöpia. Each party will bear the expense of its own counsel, experts, witnesses and preparation and presentation of evidence at the arbitration hearing.
YOU MUST CONTACT Utöpia WITHIN ONE (1) YEAR OF THE DATE OF THE OCCURRENCE OF THE EVENT OR FACTS GIVING RISE TO A DISPUTE, OR YOU WAIVE THE RIGHT TO PURSUE ANY CLAIM BASED UPON SUCH EVENT, FACTS, OR DISPUTE.
Protection of Confidentiality and Intellectual Property Rights. Notwithstanding the foregoing, Utöpia may seek injunctive or other equitable relief to protect its confidential information and intellectual property rights or to prevent loss of data or damage to its servers in any court of competent jurisdiction.
Utöpia may provide notifications to you as required by law or for marketing or other purposes via (at its option) email to the primary email associated with your Utöpia account, hard copy, or posting of such notice on the Utöpia website. Utöpia is not responsible for any automatic filtering you or your network provider may apply to email notifications. Utöpia recommends that you add @Utöpia.com URLs to your email address book to help ensure you receive email notifications from Utöpia.
- Governing law
This agreement shall be governed by, construed and enforced in accordance with the laws of United States of America, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these terms, or any items purchased from Utöpia, shall be filed only in the courts located in New York County, New York and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action, unless such action is required to be arbitrated as set forth in an above section.
- Complete agreement
Numéro RNA W9J1000077
Grand Fond, Moreau, 97 133 Saint Barthélemy
Telephone: +1 (702)9304818
E-mail address: info@utöpia.com
- Version of the terms and conditions
The latest update of the Terms and Conditions of Utöpia was made in April, 2021.