ECCO TERMS OF USE
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEB SITE
Subject to these Terms of Use, ECCO New Zealand (referred to herein as "ECCO," "we," "us" and "our") provides you with access to our web sites, including without limitation www.eccoshoes.co.nz (each referred to herein as the "Web Site" and collectively referred to as the "Web Sites").
ECCO reserves the right to take any such action as it deems necessary in the event that it suspects any fraudulent or unlawful activity, including without limitation, terminating access to the Web Site, terminating any ECCO accounts and/or cancelling any order for products.
1. ACCEPTANCE OF TERMS OF USE
BY ACCESSING, USING AND/OR PURCHASING PRODUCTS AT THIS WEB SITE, YOU ARE AGREEING TO THESE TERMS OF USE WITHOUT LIMITATION OR QUALIFICATION. IF YOU DO NOT AGREE, PLEASE EXIT AND DO NOT ACCESS, USE OR PURCHASE PRODUCTS AT THIS WEB SITE.
These Terms of Use are available at a link at the bottom of each page on the Web Site. We reserve the right to change these Terms of Use at any time and from time to time. Please check these Terms of Use before using the Web Site to determine whether a change has been made. Your continuing access to or use of the Web Site confirms your unconditional acceptance of the then-current Terms of Use in their entirety. If you do not agree to the changes in the Terms of Use as they occur, you should exit and not use the Web Site.
From time to time, ECCO may supplement these Terms of Use with additional terms pertaining to specific content or events ("Additional Terms"), which Additional Terms may be placed on the Web Site to be viewed in connection with the specific content or events and shall be identified as such. You understand and agree that such Additional Terms are hereby incorporated by reference into these Terms of Use.
2. USE OF WEB SITE
You may browse and use the Web Site solely for your personal, non-commercial purposes and in compliance with these Terms of Use. You may not distribute, modify, transmit, publish, reuse, repost or use the Web Site or any content made available on the Web Site: (i) for public or commercial purposes without the express written permission of ECCO; (ii) in a manner inconsistent with these Terms of Use; (iii) in violation of any applicable law, rule, regulation or order; or (iv) in a manner that could damage, disable, overburden or impair the Web Site or interfere with any other party's use or enjoyment of the Web Site, misrepresenting or damaging to our brand.
You will not use the Web Site for junk mail, 'spamming' solicitations (commercial or non-commercial), chain letters or bulk communications of any kind, including but not limited to distribution lists to any person who has not given specific permission to be included in such a list.
You will not transmit, distribute, introduce, or otherwise make available in any manner through the Web Site any computer virus, keyloggers, spyware, worms, Trojan horses, timebombs or other malicious or harmful programming (collectively, "Viruses"). We do not have an obligation to detect the presence of such Viruses. You may not use the Web Site in connection with requesting, harvesting, obtaining, or storing any personal information, passwords, account information or information about other users of the Web Site. You may not use any data mining, robots, or similar data gathering and extraction tools in connection with the Web Site. If you download software or any other content from the Web Site, you do so at your own risk.
3. COPYRIGHT AND TRADEMARKS
The Web Site and all text, audio, video, pictures, music, images, graphics, information, data, content, and other material displayed on, or downloadable from, the Web Site (the "Content") are the property of, or used with permission by, ECCO and are protected by copyright, trademark and other laws and may not be used except as permitted in these Terms of Use or with the prior written permission of the owner of such material. You may not modify the Content in any way or reproduce or publicly display, perform, distribute or otherwise use any such Content for any public or commercial purpose. Any unauthorized use of any Content may violate copyright laws, trademark laws, laws of privacy and publicity, or other laws, rules and regulations. You may not remove any copyright, trademark or other proprietary notices from the Web Site or any Content. All rights to Content not expressly granted herein are reserved by and to the respective owners of such Content.
Certain trademarks, trade names, service marks and logos, icons and domain names used or displayed on the Web Site are registered and unregistered trademarks, trade names and service marks owned by ECCO and/or our affiliates. Other trademarks, trade names and service marks used or displayed on the Web Site are the registered and unregistered trademarks, trade names and service marks owned by their respective owners and used with permission by ECCO. Nothing contained on the Web Site grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademarks, trade names, service marks or logos displayed on the Web Site without ECCO's written permission or the written permission of such third-party owner.
4. USER COMMUNICATIONS
You alone are responsible for any communication, message or other content that you post, upload, submit, transmit or share with ECCO on the Web Site or by electronic mail, including without limitation any data, questions, comments, ideas, concepts, know-how, techniques, suggestions or the like (collectively "User Communications"). By transmitting or posting any User Communications, you represent and warrant that such User Communications are your own original work and will not infringe or violate any copyright, trademark, trade secret, rights of privacy, rights of publicity or any other applicable laws. ECCO does not endorse or sponsor any such User Communications submitted by you or other users of the Web Site. We reserve the right to terminate and/or deny you access to the Web Site if we determine, in our sole discretion, that you are violating these Terms of Use, or applicable law, rule, regulation or order or that your conduct is harmful to us, our interests or the interests of another user, a third-party provider, merchant, sponsor, licensor, service provider or any other third party.
Subject to the terms and conditions set forth in our Privacy Policy (linked at the bottom of each page in the Web Site), all User Communications will be treated as non-confidential and nonproprietary information. Accordingly, please do not post, upload, submit or share any User Communications you wish to be kept confidential or for which you expect compensation, acknowledgment or attribution. You hereby grant to ECCO and our affiliates and/or designees, a perpetual, fully paid up, royalty-free, irrevocable, worldwide license to the User Communications to use, transmit, copy, reproduce, distribute, publicly perform, publicly display, and prepare derivate works based upon such User Communications in any and all media now known or hereafter to become known for any and all commercial and non-commercial purposes, without the need for any acknowledgment, compensation or attribution. You declare and warrant to us that you are entitled to transmit or post User Communications to the Web Site and have all relevant licenses and consents from any relevant third parties. Further, ECCO and its affiliates are free to use any ideas, concepts, know-how or techniques contained in any User Communication you send to the Web Site for any purpose whatsoever including without limitation developing, manufacturing and marketing products.
You are prohibited from posting, uploading, submitting, sharing or transmitting any unlawful, threatening, infringing, libellous, defamatory, obscene, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability or would otherwise violate the law. ECCO will fully cooperate with any law enforcement or regulatory authorities or court order requesting or directing it to disclose the identity of anyone posting any such information or materials.
We may, but are not obligated to, monitor or review any User Communications. We shall have no obligation to use, return, review, or respond to any User Communications. We act merely as a medium for distribution of User Communications and will have no liability related to the content of any such User Communications, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. You agree to notify ECCO of any objectionable User Communications. We retain the right to remove any or all User Communications in our sole discretion.
5. PERSONAL INFORMATION/PRIVACY POLICY
We value your privacy and are committed to safeguarding your personal information. Please refer to our Privacy Policy (linked at the bottom of each page in the Web Site) for details about what information we collect on this Web Site and how we use and share such information.
6. TERMINATION/SUSPENSION
We may suspend or terminate your use of the Web Site at any time, for any reason or for no reason. We reserve the right to change, suspend, or discontinue all or any aspect of the Web Site at any time without notice. Additionally, we may cancel any order placed through the Web Site at any time in our sole discretion.
7. PURCHASING PRODUCTS - RETURNS
7.1. Terms of Sale
By placing an order, you are offering to purchase a product on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price.
Dispatch times may vary according to availability and any guarantees or representations made as to delivery times are subject to any delays resulting from postal delays or force majeure for which we will not be responsible. Delivery fees apply. Please see Shipping for more details.
In order to contract with us you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us. We retain the right to refuse any request made by you. If your order is accepted, we will inform you by email. When placing an order, you undertake that all details you provide to us are true and accurate, that you are an authorised user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods. All prices advertised are subject to such changes.
7.2. Our Contract
When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order. This email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us for the purchase of the goods will not be formed until your payment has been approved by us and we have debited your credit or debit card upon dispatch of your item/s. You will be issued with an invoice upon the despatch of your order, and we have debited your credit or debit card. If you have ordered multiple items, the order may be supplied from multiple locations. Should the order be split and be sent from different locations, you will receive an invoice from each location, linking back to the original order number provided at the time the order was placed.
7.3. Pricing and Availability
Whilst we try and ensure that all details, descriptions, and prices which appear on this Website are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund. Where applicable, prices are inclusive of GST. Delivery costs (express delivery only) will be charged in addition; such additional charges are clearly displayed where applicable and included in the 'Total Cost'.
The Service may contain typographical errors or other errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice. We reserve the right to refuse to fill any orders that you may place based on information on the Service that may contain errors or inaccuracies, including, without limitation, errors, inaccuracies or out-of-date information regarding pricing, shipping, payment terms, or return policies.
7.4. Payment
Upon receiving your order we carry out a standard pre-authorisation check on your payment card to ensure there are sufficient funds to fulfil the transaction. Goods will not be dispatched until this pre-authorisation check has been completed. Your card will be debited once the order has been accepted.
We accept the following cards:
Visa
Mastercard
American Express
Diners
You must pay any fees and charges online using the above payment cards.
7.5. Discount Codes
Promotional discount codes - We may from time to time offer promotional discount codes which may apply in respect of any, or certain specified, purchases made though this Website.
The conditions of use relating to any discount code will be specified at the time of issue.
7.6. Delivery
All products purchased from the website are delivered pursuant to a shipment agreement. Accordingly, the risk of loss and title to such purchased products pass to you upon delivery to your address.
7.7. Descriptions
We attempt to describe our products as accurately as possible. However, errors do occur. If a product purchased on the website does not conform to the product description, your sole and exclusive remedy is to return the unused product.
7.8 Cancellations and Returns
When you shop with us, we want you to be completely satisfied. If you are not satisfied with a purchase made at the website, you may return it for a full refund of the purchase price you paid minus all shipping charges. We can only accept returns purchased through this website. All purchases made through another ECCO sales point must be returned to the original place of purchase.
Please visit our returns page for information.
If you have any questions about our returns process, please contact our Customer Service team.
8. LINKING
This Web Site may contain links to other web sites that are not owned, operated or controlled by ECCO or its affiliates (each a "Third-Party Site"). All such links to Third-Party Sites are provided solely as a convenience to you. If you use these links, you will leave our Web Site. We are not responsible for your access to or use of any Third-Party Site. We do not endorse, guarantee, or make any representations or warranties regarding any Third-Party Site, or any content or information accessible from such Third Party Sites, or the results that you may obtain from using any Third-Party Site. If you access any Third-Party Site linked to or from the Web Site, you do so entirely at your own risk.
If you intend to create any link from another web site to any page on this website, you must inform us via email at: online@eccoshoes.co.nz. We reserve the right to prohibit any such link at any time. Any permitted links to the website must comply with all applicable laws, rules, regulations and orders and any applicable ECCO policies. Running or displaying the website or any content in frames or similar means on another web site without our prior written permission is prohibited.
9. PRODUCT WARRANTY
You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure. Full details can be found on our Warranty page.
10. LIMITATIONS OF LIABILITY
IN NO EVENT WILL ECCO BE LIABLE FOR ANY DAMAGES, DIRECT, INDIRECT, INCLUDING, WITHOUT LIMITATION, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES (AND DAMAGES FROM LOST PROFITS, INTERRUPTION OF BUSINESS, LOST DATA), WHETHER FORSEEABLE OR NOT, WHICH MAY ARISE OUT OF YOUR ACCESS TO, INABILITY TO ACCESS, OR YOUR USE OF THE WEB SITE OR CONTENT OR RESULTING FROM, ANY MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE WEB SITE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA.
NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, OUR SOLE LIABILITY FOR ANY REASON TO YOU, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE OR CLAIM WHATSOEVER, SHALL BE LIMITED TO THE EXTENT POSSIBLE UNDER THE AUSTRALIAN CONSUMER LAW, EXCEPT AS EXPRESSLY STATED ON THIS WEB SITE, ECCO MAKES NO OTHER WARRANTY REGARDING ANY USE OF, OR ANY TRANSACTIONS ENTERED INTO THROUGH, THE WEB SITE.
11. INDEMNIFICATION
Unless prohibited by applicable law, you agree to indemnify and hold harmless each of ECCO, its parents, subsidiaries, affiliates, officers, directors and employees, from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from or related to your use of this Web Site OR ANY CONTENT, the violation of these Terms of Use by you, or the infringement by you, or any other user using your account, of any intellectual property or other right of any person or entity. IF YOU ARE OBLIGATED TO INDEMNIFY US HEREUNDER, WE MAY, IN OUR SOLE DISCRETION, CONTROL THE DEFENSE AND DISPOSITION OF ANY SUCH CLAIMS AT YOUR SOLE COST AND EXPENSE. WITHOUT LIMITING THE FOREGOING, YOU MAY NOT SETTLE, COMPROMISE OR IN ANY OTHER MANNER DISPOSE OF ANY THIRD-PARTY CLAIM WITHOUT OUR CONSENT.
12. GOVERNING LAW; ARBITRATION
We provide our Web Site from our offices within New Zealand. We make no representation that the content on our Web Site is appropriate, legal or available for use in other locations. These Terms of Use shall be governed by and construed in accordance with the laws of New Zealand, without giving effect to its conflicts of law provisions. A printed version of these Terms of Use will be admissible in judicial and administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Any controversy or claim arising out of or relating to these Terms of Use, your use of the Web Site or your purchase of any products from the Website shall be settled by the court at the venue of ECCO Shoes New Zealand.
Notwithstanding any other provision in these Terms of Use, ECCO may commence suit in court to enjoin infringement or misappropriation of intellectual property rights or confidential information.
13. REMEDIES FOR BREACH OF THESE TERMS BY YOU
Without limiting any other rights or remedies, in the event that ECCO determines, in its sole discretion, that you have breached any portion of these Terms of Use, or have otherwise demonstrated conduct that ECCO deems to be inappropriate or unacceptable in its sole discretion, ECCO reserves the right to (i) warn you via e-mail that you have violated these Terms of Use; (ii) delete any content provided by you or your agent(s) to the Web Site; (iii) discontinue your access to the Web Site, (iv) notify and/or send content to and/or fully cooperate with law enforcement authorities for further action; and/or (v) any other action which ECCO deems to be appropriate.
If your ability to access and/or use the Web Site or any other service provided to you by ECCO is discontinued by us hereunder, then you agree that you shall not attempt to re-register with or access the Web Site, any other service provided by ECCO, through use of a different member name or otherwise.
14. COPYRIGHT COMPLAINTS
We respect the intellectual property of others, and we expect users of the Web Site to do the same. If you believe that your work has been copied and is accessible on our Web Site in a way that constitutes copyright infringement, you may notify our designated Copyright Agent at the following:
ECCO New Zealand via ECCO Shoes Pacific Pty Ltd
PO Box 7045
Baulkham Hills BC NSW 2153
or, via e-mail to: eccoau@ecco.com
All claims of copyright infringement must be in writing and must include the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work; (iii) identification of the URL or other specific location on our Web Site where the material that you claim is infringing your copyright interest is located; (iv) your address, telephone number, and email address; (v) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
15. CHILDREN
Access to and use of the Web Site is made available only to people who can form legally binding agreements under applicable law. The Web Site is intended for a general audience and is not intended to be used by minor children. Children accessing the Web Site should obtain the permission and assistance of a parent or legal guardian. If you allow your minor child or a child for whom you are a legal guardian (a "Minor"), to access the Web Site, you will be solely responsible for: (i) the online conduct of such Minor; (ii) monitoring such Minor's access to and use of the Web Site; and (iii) the consequences of any use of the Web Site by such Minor.
16. MISCELLANEOUS
In the event that any provision of these Terms of Use conflicts with applicable law, rule, regulation or order or if any provision is held invalid by a court with competent jurisdiction, then such provision will be deemed to be restated to reflect as nearly as possible the original intentions of the parties, and the remainder of these Terms of Use will remain in full force and effect. Any failure by ECCO to insist upon or enforce strict performance of any provision of the Terms of Use or to exercise any right under the Terms of Use will not be construed as a waiver or relinquishment of ECCO's right to assert or rely upon any such provision or right in that or any other instance, rather, the same will be and remain in full force and effect.
You represent to ECCO that you have the authority to access and use the Web Site according to these Terms of Use. These Terms of Use and any Additional Terms (as such terms shall be identified when posted on the Web Site) constitute the entire understanding between the parties as to the subject matter here of, and supersede all prior agreements and understandings. You consent to receive communications from us electronically. We may communicate with you by email or by posting notice on this site. You agree that any notices, disclosures, amendments or other communications provided to you electronically satisfy any requirement, legal or otherwise, that such communication be in writing.
17. CONTACT US
We welcome your comments and questions. Please contact us at:
ECCO Shoes Pacific Pty Ltd
Telephone: 0800 377 326
customerservice@eccoshoes.co.nz.