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 Terms and Conditions of Use

Terms and Conditions of Sale

Welcome to ohshoedesigns.com.  Oh Shoe Designs LLC (the “Company” or “we”) provides online website features and other products and services to our customers (“you”) for your personal, non-commercial use and information when you visit or shop at ohshoedesigns.com, purchase the Company’s products (the “Products”), or use software provided by the Company (the “Company Software”) in connection with any of the foregoing.  By accessing and  using any part of this Website [www.ohshoedesigns.com] (the “Website”) or purchasing Products, you agree to all of the following terms of use and terms and conditions of sale (the “Terms”).  If you do not agree with any of the Terms, please do not purchase any Products or use the Website.

                                                                                               I. Online Use

                                                                                     A. Intellectual Property and Licensing

 Privacy

Our privacy practices are explained at length in our Privacy Policy, which forms a part of the Terms and also governs privacy matters related to the use of the Website and the purchase of Products.  You consent to the use of your personal information by the Company in accordance with the terms of and for the purposes set forth in our Privacy Policy, as same may be amended from time to time. 

Electronic Communications

When you use the Website, purchase Products, or send emails to the Company, you are communicating with the Company electronically.  We will communicate with you by e-mail or by posting notices on the Website, and you hereby consent to receive communications from us electronically.  You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

 Copyright

All content included in or made available through the Website, including, but not limited to, text, images, graphics, illustrations, logos, button icons, images, audio clips, video clips, digital downloads, software, and data compilations is the property of the Company or its content suppliers and protected by United States and international copyright laws.  The compilation of all content included in or made available through the Website is the exclusive property of the Company and protected by U.S. and international copyright laws.  Permission is granted to electronically copy and print hard copy portions of the Website for the sole purpose of placing an order with the Company to purchase Products.  Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of the Website is strictly prohibited.  You further agree not to change or delete any proprietary notices from materials downloaded from the Website.

 Trademarks

Graphics, logos, page headers, button icons, scripts, service names included in or made available through the Website, any Product and any other source identifier that may be developed in the future are trademarks or trade dress of the Company.  The Company’s trademarks and trade dress may not be used in connection with any product or service that is not the Company’s, in any manner that is likely to cause confusion among consumers, or in any manner that disparages or discredits the Company.  All other trademarks not owned by the Company that appear in the Website or any Product are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by the Company.

 Confidentiality of the Information Transmitted

You acknowledge that information or material which you provide electronically through your access and use of the Website is not confidential or proprietary, except as may be required under applicable law or pursuant to our Privacy Policy, and acknowledge that unprotected email communication over the Internet is subject to possible interception, alteration or loss.  You represent and warrant that the information or material which you provide electronically to the Company by accessing or using the Website does not infringe the rights of any other person or entity.  You consent to the Company using that information or material, in whole or in part by any means whatsoever, including reproducing, retransmitting or publishing this information or material or ideas, concepts or other information contained therein for the commercial purposes of the Company or the disclosure of your identity, in accordance with our Privacy Policy.

 License and Access 

Subject to your compliance with the Terms, the Company grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Website.  This license does not include any resale or commercial use of the Website, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Website or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools.  All rights not expressly granted to you in the Terms, or the Privacy Policy are reserved and retained by the Company or its licensors, suppliers, publishers, rightsholders, or other content providers.  No part of the Website, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of the Company.  You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the Company without express written consent.  You may not use any meta tags or any other “hidden text” utilizing the Company’s name or trademarks without the express written consent of the Company.  You may not misuse the  Website or its contents.  You may access and use the Website only as permitted by law.  The licenses granted by the Company terminate if you do not comply with the Terms.

 Your Account

By creating an account with the Company, you will be able to move through the checkout process faster, store your shipping address, view and track your orders in your account, view past orders, make changes to your account information and change your password.  You alone are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.

 Product Descriptions and Display

The Company attempts to be as accurate as possible in describing the Products.  However, the Company does not warrant that the Product descriptions or other content of the Website are accurate, complete, reliable, current, or error-free.  We use all reasonable efforts to display as accurately as possible the colors, textures and details of the Products.  We cannot guarantee that your computer monitor's display of any Product will be accurate and, as such, we will not be responsible for any differences in the actual Product and the display of the Product on your computer monitor. If you are not satisfied with any Product you purchase from the Company, due to any perceived differences in its display or description on the Website, your sole remedy is to return it in unused condition in accordance with our returns policy described below and fully set forth in our Shipping and Returns Policy.

 Other Businesses and Internet Links

Parties other than the Company may provide services on the Website.  In addition, we may provide links to the websites of affiliated companies and certain other businesses.  Such links and references to other businesses and websites are provided to you as a convenience only.  We have not reviewed and do not expressly or implicitly endorse other websites or any information or material, or the accessibility thereof, via such links, and do not assume any responsibility for or warrant the offerings of any of these businesses or individuals or the content of their websites.  The Company does not assume any responsibility or liability for the actions, products, and content of these or any other third parties.  You should separately review their privacy policies and terms and conditions of use.  You may not create links from other websites to the Website, except if expressly permitted in writing by the Company.

 Surveillance

The Company may monitor access to the Website and other activities in relation to the Website and may intervene in this regard.  However, the Company makes no representation and gives no warranty to that effect.  You consent to such surveillance and intervention, if the Company ever decides to take such action.

                                                                                             B. Company Software

The Terms also include the following provisions, which apply specifically to any Company Software (including any updates or upgrades to the software and any related documentation) that we make available to you from time to time for your use in connection with your access and use of the Website.

 1. Use of the Company Software.  You may use the Company Software solely for purposes of enabling you to use and enjoy the Website and to purchase Products and as permitted by the Terms.  You may not incorporate any portion of the Company Software into your own programs or compile any portion of it in combination with your own programs, transfer it for use with another service, or sell, rent, lease, lend, loan, distribute or sub-license the Company Software or otherwise assign any rights to the Company Software in whole or in part.  You may not use the Company Software for any illegal purpose.  We may cease providing any Company Software and we may terminate your right to use any Company Software at any time.  Your right to use the Company Software will automatically terminate without notice from us if you fail to comply with any of the Terms.  Additional third party terms contained within or distributed with certain Company Software that are specifically identified in related documentation may apply to that third party’s software (or software incorporated with the Company Software) and will govern the use of such software in the event of a conflict with the Terms.  All software used in the Website is the property of the Company or its software suppliers and protected by United States and international copyright laws.

2. Use of Third Party Services.  When you use the Company Software, you may also be using the services of one or more third parties, such as a wireless carrier or a mobile platform provider.  Your use of these third party services may be subject to the separate policies, terms of use, and fees of these third parties.

3. No Reverse Engineering.  You may not, and you will not encourage, assist or authorize any other person to copy, modify, reverse engineer, decompile or disassemble, or otherwise tamper with, the Company Software, whether in whole or in part, or create any derivative works from or of the Company Software.

4. Updates.  In order to keep the Company Software up to date, we may offer automatic or manual updates at any time and without notice to you.

5. Export Regulations; Government End Users.  You must comply with all export and re-export restrictions and regulations of the Department of Commerce and other United States agencies and authorities that may apply to the Company Software.  If you are a U.S. Government end user, we are licensing the Company Software to you as a “Commercial Item” as that term is defined in the U.S. Code of Federal Regulations (see 48 C.F.R. § 2.101), and the rights we grant you to the Company Software are the same as the rights we grant to all others under the Terms.

                                                                                             C. General Provisions

 Applicable Term of Agreement and Termination
The Terms are applicable to you upon your accessing the Website and/or completing the registration or shopping process.  The Terms, or any of them, may be terminated by the Company without notice at any time and for any reason.  The provisions relating to Copyrights, Trademark, Disclaimer, and Limitation of Liability shall survive any termination.

 Reservation of Rights

 All rights not expressly granted in the Terms are reserved to the Company.  Nothing contained in the Terms shall be construed as conferring by implication, estoppel or otherwise any license or right under any copyright, patent, trademark or other intellectual property right of the Company or any other person or entity.

Site Policies, Modification, and Severability

Please review the Terms in their entirety, as well as our Privacy Policy.  We reserve the right to make changes to the Website, our policies, and the Terms at any time, which change shall become effective with respect to any purchase order for any Products or any use of the Website made after the date of such change.  Our customers should review the Terms periodically for any modifications.  The Terms indicate at the end the last date on which the Terms were updated or modified.  If any provision of the Terms shall be deemed invalid, void, or for any reason unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provision.

                                                                                        II. Terms and Conditions of Sale

The Terms include the following additional terms and conditions that apply to the use of the Website and the purchase of Products from the Company using the Website.  As noted above, the Company reserves the right to change the Terms, including without limitation the terms of sale, without prior written notice at any time, at the Company’s sole discretion. 

PLEASE READ THE TERMS CAREFULLY.  BY USING THE WEBSITE TO MAKE ONLINE PURCHASES OF PRODUCTS, YOU AGREE TO BE BOUND BY AND ACCEPT THE TERMS AND YOU REPRESENT THAT YOU ARE OF LEGAL AGE TO ENTER INTO THE TERMS OF SALE AND BECOME BOUND THEREBY.  THE TERMS CONTAIN IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU.   SPECIFIC PROVISIONS AND GENERAL PROVISIONS BELOW SHALL BE READ TOGETHER AND ARE OF EQUAL IMPORTANCE.

AS FURTHER DISCUSSED IN SECTION 9 BELOW, EXCEPT AS EXPRESSLY PROVIDED FOR IN THE TERMS, THE COMPANY DOES NOT MAKE OR GIVE ANY REPRESENTATION OR WARRANTY WITH RESPECT TO THE PRODUCTS YOU MAY PURCHASE FROM THE COMPANY USING THE WEBSITE AND THE COMPANY'S LIABILITY IS LIMITED AS PROVIDED IN THAT SECTION.

                                                                                            A. Specific Provisions

1. Order Placement

Before submitting an order for the purchase of Products using the Website, you will be shown an order confirmation screen (the “Order Confirmation”) describing, among other things, the Product(s) to be ordered, the purchase price and any applicable charges for shipping and taxes.  When you submit your order (by pressing the [“Submit Order”] button), such order will constitute an offer from you to the Company to purchase the Product(s) described in the Order Confirmation, for the price and subject to the Terms and the other charges, terms and conditions set out in the Order Confirmation.  Orders are not binding on the Company until accepted by the Company.  The Company’s acceptance of your order is evidenced by a confirmation page indicating that your order has been accepted.

2. Order Cancellation

The Company reserves the right, in its sole discretion, to limit quantities, terminate accounts and to refuse or cancel any order, including after the order has been submitted, whether or not the order has been accepted and your credit card or debit card or PayPal account is charged.  In the event that your order is cancelled after your payment has been processed, the Company will issue a full refund.

3. Pricing

All prices quoted are payable in U.S. dollars.  We reserve the right to change prices for the Products at any time, and we do not provide price protection or refunds in the event we lower any price in connection with a sale or otherwise. Although the Company strives to provide accurate product and pricing information, errors may occur.  The Company reserves the right to correct any errors in pricing or product information and to modify the prices of Products, at any time, without prior notice.  The Company cannot confirm the price of a Product until after you submit an order for the Product.  Without limiting the provisions of Section 2 above, in the event that the price or related information for a Product (as described on the Website and/or the Order Confirmation) is incorrect due to an error in pricing or product information, the Company may, at its sole discretion, refuse or cancel your order, whether before or after the Company’s acceptance thereof.  If there is such an error in pricing, the Company will cancel your order and reverse any charges that have been applied, and then contact you to ask you to place a new order for the Product at the correct price.

 4. Payment Terms

Payment in full must be made prior to the shipment of any ProductPayment for Products is to be made by credit or debit card or through PayPal.  We do not accept cash or check payments for orders on the Website.  Please note that should your credit or debit card or PayPal account have insufficient credit/funds, we reserve the right to invoice you for the costs incurred in making requests for payment.  PayPal is responsible for the Website payment processing transactions using a credit card or debit card or a PayPal account.  Any payments made by credit card or PayPal account re subject to the approval of the financial institution that has issued the credit card or PayPal, as applicable. 

5. Product Availability

The availability of certain Products may be limited, and Products may not be available for immediate delivery.  The Company may revise or cease to make available any Products at any time without prior notice.  In the event that the Company is unable to deliver to you a Product ordered due to lack of availability, the Company will notify you via email and your order will be automatically cancelled with respect to such unavailable Product, provided that the Company may, in its sole discretion, contact you in order to allow you to maintain your order subject to a revised delivery time if and when the Product becomes available. 

 THE PRODUCTS AVAILABLE FOR SALE BY THE COMPANY ARE AVAILABLE ONLY IN THE UNITED STATES OF AMERICA.

6. Shipping; Taxes

We offer free shipping on all Products we sell. We aim to deliver your Products to the place and person of your choice, in the shortest possible time.  Please note that we do not dispatch on weekends or national holidays.  Because of the custom made nature of certain of the Products, orders will be dispatched generally within ten working days, subject to credit clearance, address verification, and availability of the ordered Products.  The date you receive your order will vary but generally will be within ten to fifteen working days of the date your order is processed.  Delivery times provided by the Company are estimates only.  Please also consult and review the Shipping and Returns section of the Website.

We will contact you if there is a foreseeable delay or if any ordered Product is currently out of stock.  For orders that contain multiple Products, you may receive each Product separately and on different dates.

Shipping and billing addresses must be valid U.S. addresses.  We currently do not ship to destinations outside the United States.  Shipping may not be available to A.P.O./F.P.O. and P.O. Box addresses due to shipper restrictions.  Please email us at customerservice@ohshoedesigns.com before placing an order for delivery to A.P.O./F.P.O. or a P.O. Box address to see if we can accommodate your order.  Your billing address must match exactly the location where your credit card bill is sent or a confirmed address when payment is made using your PayPal account.

Once you have submitted your order, you will receive an order confirmation email to confirm that your order has been received.  Product(s) ordered by you will be shipped to the address you provided when placing your order.  The Company shall not be responsible for any damages or costs resulting from any delays in delivery.  When your order has been shipped, you will receive an email with a tracking number for your order.  You can also contact us at customerservice@ohshoedesigns.com to follow up as well.  

We collect sales tax on all orders for which the shipping address is located within the state of New York.  We do not collect any sales tax on orders for which the shipping address is located other than in the state of New York.  Separate charges for taxes will be shown on the Order Confirmation for each order.  Many states require purchasers to file a sales/use tax return at the end of the year to report any purchases that were made without tax and to pay the appropriate tax.  Please check with your tax authority for details or more information.

 7. Ownership and Risk of Loss

Products remain the property of the Company until payment has been received in full.  All Product(s) purchased from the Company are delivered to you by a third party delivery service.  You shall become the owner of the Product(s) and shall assume the risks of loss at the time of delivery by the Company of the Product(s) to the third party delivery service.

8. Returns/Exchanges

We of course hope that every customer will be fully satisfied with every Product purchased from the Company.  We also strive to provide our customers with the very best customer service, and so if you are not satisfied with your purchase for any reason, we will gladly accept returns that comply with the Returns policy set forth in this Returns section of the Website.  Please also consult and review the Shipping and Returns section of the Website.

In order for us to accept your return, we must receive the returned Product at our New York address below within 20 days after the original date of Product delivery to you.  Any returned Product received by us after such 20 day period, or any Product return that does not otherwise comply with our Returns policy, will not be accepted and return shipping back to you will be at your own expense.

Before returning any Product, you must first email us at returns@ohshoedesigns.com to request a Return Authorization Code.  Please include in your email your order number, your name and full delivery address, and to help us serve our customers better, the reason for your return. Please also include your daytime phone number, in case we have questions.  We will then email to you the Return Authorization Code to use on the return form included in your original delivery package (if you did not receive the return form or cannot locate it, please email us and we will send you a new one).  Please follow the instructions to fill in the return form and include your original receipt. 

In order to qualify for a refund, your returned Product must be unworn, unused and in the condition delivered to you, and returned to us with original shoe box and shoe taps and the properly completed return form.  To avoid causing any damage or used condition, we recommend that you try on your shoes on a carpet or a clean floor. We are not able to accept and process Product exchanges at this time, so please return the Product in accordance with our Returns policy and order the replacement Product as a new order on the Website.

All Product returns must be mailed to us at the following address:

Oh Shoe Designs LLC

172 Wilmot Road

New Rochelle, NY 10804

Pack the Product securely in the original Product packaging.  Your return shipping charges must be prepaid, as we cannot accept C.O.D. deliveries.  For your protection, please use a shipping service that provides tracking information and keep a record of the return shipment.  We are not responsible for any Product that does not arrive at our address within 20 days after the Product is originally delivered to you, or for any returned Product that is lost or stolen during the return shipping process. All determinations regarding when and where damage occurred to shipped Products will be made by the Company in conjunction with companies providing shipping services.

When we receive your Product return, we will send you a confirmation email.  If a return is accepted, it will normally be processed within ten business days of delivery.  You can expect to receive your refund within approximately 30 days of the date we receive and process your return (and provided your return complies with our Returns policy).  Refunds will only be provided via the original form of payment.  We will credit the original purchaser’s credit card or PayPal account if that was the original form of payment, in each case for the full original purchase price paid, including any applicable sales tax, but less a $5 restocking fee.  It may take your financial institution additional time to post the credit to your account.  Since this varies according to your financial institution, you should contact them directly to find out when you can expect your account to be credited, but it normally will take one or two billing cycles.

If you have any questions at all in connection with your Product return or our Returns policy, please email us at retruns@ohshoedesigns.com.

                                                                                                      B. General Provisions

9. Disclaimer of Warranties and Limitation of Liability

THE COMPANY’S PRODUCTS AND ALL INFORMATION, CONTENT, AND MATERIALS (INCLUDING SOFTWARE) INCLUDED IN OR OTHERWISE MADE AVAILABLE TO OR USED BY YOU IN YOUR INTERACTIONS WITH THE COMPANY OR THE WEBSITE ARE PROVIDED BY THE COMPANY ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING.  THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE  INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE COMPANY OR THE WEBSITE.  YOU EXPRESSLY AGREE THAT YOUR ACCESS AND USE OF THE WEBSITE AND CONTENT THEREOF ARE SOLELY AT YOUR OWN RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED IN RESPECT OF THE PRODUCTS, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.  THE COMPANY DOES NOT WARRANT THAT THE PRODUCTS, INFORMATION, CONTENT, MATERIALS, SOFTWARE INCLUDED IN OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE OR OTHERWISE (INCLUDING ELECTRONIC COMMUNICATIONS SENT FROM THE COMPANY) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR SOFTWARE.

 IN NO EVENT WILL THE COMPANY BE LIABLE FOR ANY INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, HOWSOEVER CAUSED, INCLUDING BUT NOT LIMITED TO, ANY LOST PROFITS, LOST SAVINGS, LOSS OF USE OR LACK OF AVAILABILITY OF FACILITIES INCLUDING COMPUTER RESOURCES, ROUTERS AND STORED DATA, PUNITIVE, EXEMPLARY, AGGRAVATED OR ECONOMIC DAMAGES, ARISING OUT OF THE PURCHASE OR USE OF THE PRODUCTS  PROVIDED BY THE COMPANY OR OTHERWISE RELATED TO THE TERMS OR THE TRANSACTIONS CONDUCTED ON OR FROM THE  WEBSITE, EVEN IF THE COMPANY OR ANY OF ITS LAWFUL AGENTS, CONTRACTORS, EMPLOYEES OR MANDATORIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIMS.  IN NO CASE WILL THE COMPANY’S TOTAL LIABILITY ARISING UNDER ANY CAUSE WHATSOEVER (INCLUDING WITHOUT LIMITATION BREACH OF CONTRACT, NEGLIGENCE, GROSS NEGLIGENCE OR OTHERWISE) BE FOR MORE THAN THE AMOUNT PAID BY YOU FOR THE SPECIFIC PRODUCTS ORDERED AND TO WHICH THE CLAIM RELATES. IN NO EVENT WILL THE COMPANY BE LIABLE TO YOU FOR DAMAGES OR LOSSES RESULTING FROM VIRUSES, DATA CORRUPTION, FAILED MESSAGES, DAMAGES ARISING AS A RESULT OF: TRANSMISSION ERRORS OR PROBLEMS, TELECOMMUNICATIONS SERVICE PROVIDERS, THE COMPANY’S CONTRACTORS, THE INTERNET BACKBONE, THIRD PARTY SUPPLIERS OF PRODUCTS OR SERVICES, DAMAGES OR LOSSES CAUSED BY YOU, OR YOUR RESPECTIVE EMPLOYEES, AGENTS, MANDATARIES OR SUBCONTRACTORS, OR OTHER EVENTS BEYOND THE REASONABLE CONTROL OF THE COMPANY.  YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING AND ACCESSING THE WEBSITE.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES.  IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

 10. Governing Law and Jurisdiction

By your access and use of the Website, you agree that all transactions on the Website, the purchase of any Products, all matters related to the access and use of the Website, and the Terms, shall in each case be construed and interpreted in accordance with the laws of the State of New York, without reference to principles of conflict of law. 

You further agree that any action seeking legal or equitable relief arising out of or relating to the Website, the purchase of any Products or the Terms will be brought only in courts located in Westchester County, New York, and you consent to and submit to the jurisdiction of such courts.

 11. Export Laws

Products sold or delivered under the Terms shall be subject to export control laws and regulations of the United States of America.  You agree to comply at all times with all such laws and regulations.  You will defend and hold the Company harmless against all claims, damages or liability resulting from breach of the foregoing.

 12. Entire Agreement

The Terms, together with all other agreements, terms or conditions incorporated or referred to herein, or set forth on the Website constitute the full and entire understanding and agreement between you and the Company with respect to your use of the Website, the purchase and sale of Products, and any transaction on the Website, and supersede in their entirety any and all written or oral agreements previously existing between you and the Company with respect to the subject matter thereof.

 13. Our Contact Information

 Oh Shoe Designs LLC

172 Wilmot Road

New Rochelle, NY 10804

http://www.ohshoedesigns.com

Email: info@ohshoedesigns.com

Last updated: October 26, 2012.