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.
2. Use of Web Site
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
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 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.
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. We deliver free of charge within Australia unless you request express delivery in which case we will charge you $ 14.
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 retains 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.
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
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:
Mastercard, Visa, American Express and Paypal.
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.
All products purchased from the Web Site 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.
We attempt to describe our products as accurately as possible. However, errors do occur. If a product purchased on the Web Site does not conform to the product description, your sole and exclusive remedy is to return the unused product.
7.8 Cancellations and returns
You may cancel an order up until the time of dispatch by contacting our Customer Service at number 1300 138 099. If we have taken payment the full amount, including any delivery costs will be refunded to you via the original method of payment.
When you shop with us, we want you to be completely satisfied. If you are not satisfied with a purchase made at the Web Site, you may return it for an exchange or refund of the purchase price you paid minus all shipping charges. We can only accept returns purchased through this Web Site. All purchases made through another ECCO sales point must be returned to the original place of purchase.
Just send your unused and unworn item to us within 14 days upon receipt of the items, along with a copy of your purchase receipt and a return authorization form (available here) to:
ECCO Shoes Pacific Pty Ltd
Reply Paid 7045
PO Box 7045
Baulkham Hills BC NSW 2153
Based on your return instructions in the return authorization form, we will issue you a credit to your credit card. We can only issue credit to the same credit card used for the purchase. If we believe that the product you have returned has been damaged or worn, we will send it back to you as soon as possible. Shipping and handling charges are not refundable. We do not take title to returned products until the item arrives at our returns department. Alternative returns policies may apply to particular products and product lines.
If you have any questions about our returns process, please contact customer services.
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 Web Site, you will inform us via email at: email@example.com. We reserve the right to prohibit any such link at any time. Any permitted links to the Web Site must comply with all applicable laws, rules, regulations and orders and any applicable ECCO policies. Running or displaying the Web Site or any Content in frames or similar means on another web site without our prior written permission is prohibited.
9. Product Warranty
Our products come with the guarantees, which cannot be excluded under Australian Consumer Law. 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. You may also be entitled to remedies that cannot be excluded under the Australian Consumer Law if any services supplied by us to you fail to meet a consumer guarantee under the Australian Consumer Law.
Without excluding, restricting or modifying the rights and remedies to which you may be entitled under these consumer guarantee provisions under Australian Consumer Law and ECCO´s liabilities under those provisions:
9.1. You acknowledge that this Website is provided “as is” and that we do not make any warranty or representation as to the suitability of the Website or a Product for any purpose.
9.2. We exclude all other implied terms and warranties, whether statutory or otherwise, relating to the Website or the subject matter of this agreement.
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.
12. Governing Law; Arbitration
13. Remedies for Breach of these Terms by You
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 Shoes Pacific Pty Ltd
PO Box 7045
Baulkham Hills BC NSW 2153
or, via e-mail to: firstname.lastname@example.org
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.
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.
17. Contact Us
We welcome your comments and questions. Please contact us at:
ECCO Shoes Pacific Pty Ltd
PO Box 7045
Baulkham Hills BC NSW 2153
Telephone: 1300 138 099