Terms and Conditions
PLEASE READ THESE TERMS OF SALE CAREFULLY BEFORE PLACING YOUR ORDER AND RETAIN A COPY OF THESE TERMS AND YOUR ORDER FOR FUTURE REFERENCE
THESE TERMS AND CONDITIONS APPLY TO YOUR USE OF THE ECCO SHOP OXFORD WEBSITE AND BY ACCESSING THIS WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS SET OUT BELOW. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS YOU MAY NOT USE OR ACCESS THIS WEBSITE. IF THERE IS ANYTHING YOU DO NOT UNDERSTAND PLEASE FEEL FREE TO E-MAIL ANY ENQUIRY TO US AT firstname.lastname@example.org
"Conditions" means these terms and conditions and the "Special Conditions"
"Contract" means the contract for the sale and purchase of the Goods;
"Cookie" means small pieces of information used by websites to track and identify the types of information that visitors come to a website to view;
"Goods" means goods displayed for sale on the Website;
"Internet Account" means your account and registration with us to access and use the Website;
"Personal Information" means information relating to a living individual who can be identified from that information;
"Private Consumer" means a party that purchases the Goods for private and non-commercial use and neither makes the Contract in the course of a business nor holds himself out as doing so;
"Product Description" means that part of the Website where certain terms and conditions in respect of the individual Good or Service are provided;
"Special Conditions" means the terms and conditions in the Product Description referred to in Clause 8;
"User" means the users of the Website collectively;
"User Information" means the details provided by you on any application to buy Goods from us via the Website;
"we/us/our" means the ECCO Shop, Oxford;
"Website" means the website located at www.ecco-shoes.co.uk or any subsequent URL which may replace it; and
"you/your" means a user of the Website.
ECCO Oxofrd is a partnership and not a registered company
Owners are Harry and Hilary Fletcher
Registered vat no: 532 568 62
USE OF THE WEBSITE
1.1 We will provide you with access to the Website and sell you the Goods in accordance with the Conditions.
1.2 The purchase of Goods is limited to parties that lawfully can enter into and form contracts on the Website under English law and who are resident or incorporated in the United Kingdom, the Channel Islands, the Isle of Man or whose postal address uses the British Forces Post Office. This means that if you are an individual, you must be 18 years or older to purchase any Goods via the Website and by offering to purchase any Goods you represent to us that you 18 years of age or older. To register, you must provide your real name, phone number, e-mail address, credit card details and other requested information.
1.3 The Website is available only to individuals and companies or partnerships who we, in our absolute discretion, consider eligible. The eligibility criteria include, without limitation, those who have been issued a valid credit card by a bank acceptable to us, whose applications are acceptable to us and who have authorised us to process a charge or charges on their credit card in the amount of the total purchase price for any Goods which they purchase.
1.4 By making an offer to buy any Goods, you specifically authorise us to transmit information (including any updated information) or to obtain information about you from third parties from time to time, including but not limited to your credit card number or credit reports, to authenticate your identity, to validate your credit card, to obtain an initial credit card authorisation and to authorise individual purchase transactions.
2 Your obligations
2.1.1 agree not to use the Website (or any part thereof) for any illegal purpose and agree to use it in accordance with all relevant laws;
2.1.2 agree not to upload or transmit through the Website without limitation, any computer viruses, macro viruses, trojan horses, worms or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer;
2.1.3 will not upload or transmit through the Website any material which is defamatory, offensive, or of an obscene or menacing character, or that may cause annoyance, inconvenience or needless anxiety;
2.1.4 will not use the Website in any way that may cause the Website to be interrupted, damaged, rendered less efficient or such that the effectiveness or functionality of the Website is any way impaired;
2.1.5 will not use the Website in any manner that violates or infringes the rights of any person, firm or company or the rights of confidentiality or rights of privacy;
2.1.6 will not attempt any unauthorised access to any part or component of the Website; and
2.1.7 agree that in the event that you have any right, claim or action against any other User arising out of that User's use of the Website, then you will pursue such right, claim or action independently of, and without recourse to us.
You agree to be fully responsible for all claims, liability, damages, losses, costs and expenses, including legal fees on a full indemnity cost basis, suffered by us and arising out of any breach of the Conditions by you or any other liabilities arising out of your use of the Website, or the use by any other person accessing the Website using your Internet Account.
4 Our rights
4.1 We reserve the right to:
4.1.1 modify or withdraw, temporarily or permanently, the Website (or any part thereof) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the Website;
4.1.2 change these Conditions from time to time, and your continued use of the Website (or any part thereof) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Conditions have been changed. If you do not agree to any change to the Conditions then you must immediately stop using the Website.
4.2 We will use our reasonable endeavours to maintain the Website. The Website is subject to change from time to time. You will not be eligible for any compensation because you cannot use any part of the Website or because of a failure, suspension or withdrawal of all or part of the Website.
4.3 We reserve the right to withdraw any Goods from the Website at any time and/or remove, screen or edit any materials or content on the Website. We may refuse to process a transaction for any reason or refuse service to anyone at any time in our sole discretion. We will not be liable to you or any third party by reason of our doing any of the following: withdrawing any Goods from the Website whether or not those Goods have been sold; removing, screening or editing any materials or content on the Website; refusing to process a transaction or unwinding or suspending any transaction after processing has begun.
5 Third Party Links
In an attempt to provide increased value to our Users, we may provide links to other websites or resources. You acknowledge and agree that we are not responsible for availability of such external sites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content of such websites, including (without limitation) any advertising, goods or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external sites or resources.
We have the right, but not the obligation, to monitor any activity and content associated with the Website. We may investigate any reported violation of these Conditions or complaints and take any action that we deem appropriate (which may include, but is not limited to, issuing warnings, suspending or terminating service, denying access and/or removing any materials from the Website). We may also investigate, in our sole discretion, the use, or attempted use, of any credit card, and take any such action as we deem appropriate, including without limitation, contacting the User using such card or cancelling orders placed by such User.
PURCHASE OF GOODS
7.1 The Conditions shall apply to the Goods supplied by us.
7.2 You acknowledge that any automated acknowledgement of your order that you may receive from us shall not amount to our acceptance of your offer to purchase Goods advertised on the Website.
7.3 No contract exists between you and us for the sale of the Goods until we have received and accepted your order and we send you confirmation in writing or by e-mail to the address or e-mail address you have given. Once we do this, there is a binding legal contract. We reserve the right to reject without notice any order to purchase the Goods made by you at any time.
7.4 If you are purchasing the Goods as a Private Consumer the Contract is subject to your right of cancellation (Please read Clause 11 below).
7.5 The description and price of the Goods you order will be as shown in the Product Description at the time you place your order.
7.6 The Goods are subject to availability. If on receipt and acceptance of your order the Goods you have ordered are not available in stock, we will inform you as soon as possible, and refund or recredit you for any sum that has been paid by you or debited from your credit card for the Goods.
7.7 Every effort is made to ensure that prices shown in the current catalogue or shown on the Website are accurate at the time you place your order. If an error is found, we will inform you as soon as possible and offer you the option of reconfirming your order at the correct price or cancelling your order. If you cancel, we will refund or recredit you for any sum that has been paid by you or debited from your credit card for the Goods.
7.8 In addition to the price, you will be required to pay a delivery charge for the Goods, as shown in the Product Description.
7.9 The price of the Goods and delivery charges are inclusive of VAT.
7.10 We will take all reasonable care, in so far as it is in our power to do so, to keep details of your order and payment secure, but in the absence of negligence on our part we are not liable for any loss you may suffer if a third party procures unauthorised access to any User Information you provide when accessing or ordering from the Website.
7.11 You warrant that the User Information that you are required to provide when you make an offer to buy Goods via the Website is true, accurate, current and complete in all respects.
7.12 You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorised to use.
8 Product Description
The Goods are sold subject to the Product Description which sets out any additional specific terms and conditions related to the Goods including, without limitation, terms and conditions concerning estimated delivery times and any warranties.
9.1 The Goods you order will be delivered to the address you give when you place your order, except that deliveries are not made outside the United Kingdom, and some parts of the United Kingdom are not covered, as shown in our current catalogue or on the Website at the time you place your order.
9.2 If delivery cannot be made to your address, we will inform you as soon as possible, and refund or recredit you for any sum that has been paid by you or debited from your credit card for delivery.
9.3 If there is no one at the address given who is competent to accept delivery of the Goods, you will be notified of an alternative delivery date or a place from where you must collect the Goods.
9.4 Every effort will be made to deliver the Goods as soon as possible after your order has been accepted, and in any event within 30 days of your order. However, we will not be liable for any loss or damage suffered by you through any reasonable or unavoidable delay in delivery. In this case, we will inform you as soon as possible.
9.5 You will become the owner of the Goods you ordered and responsible for risk of loss or damage to them once they have been delivered to you.
10 Your right of cancellation
10.1 If you purchase the Goods as a Private Consumer you have the right to cancel the Contract at any time up to the end of seven (7) working days after you receive the Goods (see below). A working day is any day other than weekends and bank or other public holidays.
10.2 To exercise your right of cancellation, you must give written notice to us by hand or post or facsimile at the address or fax number shown below, giving details of the Goods ordered and (where appropriate) their delivery.
10.3 If you exercise your right of cancellation after the Goods have been delivered to you, you will be responsible for returning the Goods to us at your own cost. The Goods must be returned to the address specified at Clause 16 below. You must take reasonable care to ensure the Goods are not damaged in the meantime or in transit.
10.4 Once you have notified us that you are cancelling the Contract, we will refund or recredit you within 30 days for any sum that has been paid by you or debited from your credit card for the Goods.
10.5 If you do not return the Goods as required, we may charge you a sum not exceeding the direct costs of recovering the Goods.
10.6 You do not have the right to cancel the Contract if the order is for Goods which by their nature cannot be returned or are liable to deteriorate or expire rapidly. We will notify you at the time your order is accepted if this applies.
11.1 All Goods supplied by us are warranted free from defects for 28 days from the date of supply. This warranty does not affect your statutory rights as a consumer.
11.2 This warranty does not apply to any defect in the Goods arising from fair wear and tear, wilful damage, accident, negligence by you or any third party, use otherwise than as recommended by us or by any manufacturer of the Goods, failure to follow any of our or the manufacturer's instructions in relation to the Goods, or any alteration or repair carried out without our approval.
11.3 If the Goods supplied to you develop a defect while under warranty, or you have any other complaint about the Goods, you should notify us in writing at the address or facsimile number specified at Clause 16 below.
12 Your Personal Data
12.1 We respect your Personal Information and undertake to comply with the applicable Data Protection legislation from time to time in place.
12.2 We will take all reasonable precautions to keep the details of your order and payment secure, but unless we are negligent, we will not be liable for unauthorised access to information supplied by you.
12.3 When you register with us we will only use the information you provide about yourself for the following purposes:
12.3.1 to process your order;
12.3.2 to provide you with the best possible service;
12.3.3 to administer our business; and
12.3.4 unless you have already objected during the registration process, to notify you of products or services that we feel may be of interest to you.
12.4 If you do not want us to notify you about products and services that may interest you, and have not objected during the registration process, you may remove yourself from our mailing list or correct any information about you, or ask for information about you to be deleted, by effecting those changes yourself as appropriate on the Website or by giving written notice to us at the address or facsimile number specified at Clause 16 below.
12.5 Subject to your rights of objection set out above, and your right of objection in the registration process, you agree that you do not object to us contacting you for any of the above purposes whether by e-mail or in writing and you confirm that you do not and will not consider any of the above as being a breach of any of your rights under the Telecommunications (Data Protection and Privacy) Regulations 1999.
12.6 In the event that your Personal Information is no longer used by us for the purposes outlined in paragraph 12.3 we will delete it except insofar as it is necessary to retain such information to comply with other relevant or applicable law.
12.7 In the event that your Personal Information becomes untrue, inaccurate or incomplete, or in any event, you have the right to access your Personal Information and may rectify the same.
12.8 You should be aware that if we are requested by the police or any regulatory or government authority investigating suspected illegal activities to provide information concerning you, we shall do so. We also reserve the right to disclose such Personal Information to third parties where a complaint arises concerning your dealings with us, and those dealings are deemed to us inconsistent with the Conditions.
14.1 Payment can be made by any visa or mastercard credit or debit card. Payment will be debited and cleared from your account before the despatch of the Goods to you.
14.2 You confirm that the credit/debit card that is being used is yours.
14.3 All credit/debit card holders are subject to validation checks and authorisation by the card issuer and we may share your Personal Information with such third parties as are necessary to enable us to do such checks. If the issuer of your payment card refuses to authorise payment to us, we will not be liable for any delay or non-delivery of the Goods.
15 Intellectual Property and Right to Use
15.1 You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content supplied as part of the Website shall remain at all times vested in us or our licensors. You are permitted to use this material only as expressly authorised by us or our licensors.
15.2 You acknowledge and agree that the material and content contained within the Website is made available for your personal non-commercial use only and that you may download such material and content onto only one computer hard drive for such purpose. Any other use of the material and content of the Website is strictly prohibited. You agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.
15.3 For the avoidance of doubt nothing in clause 15.2 shall prevent you from downloading or copying or reproducing the Conditions for your own personal non-commercial use only.
16.1 You may send us notices under or in connection with these Conditions:
16.1.1 by post to the ECCO Shop, 20 New Inn Hall Street, Oxford OX1 2DW
16.1.2 by fax on +44 (0)1865 469560
16.2 As proof of sending does not guarantee our receipt of your notice, you must ensure that you have received an acknowledgement from us which will be sent within 5 working days of our receipt and should be retained by you.
17 Limitation and Liability
17.1 While we will use reasonable endeavours to verify the accuracy of any information we place on the Website, we make no warranties, whether express of implied in relation to its accuracy.
17.2 The Website is provided on an "as is" and "as available" basis without any representation or endorsement made and we make no warranties of any kind, whether express or implied, in relation to the Website, or any transaction that may be conducted on or through the Website including but not limited to, implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security, accuracy, conditions of completeness, or any implied warranty arising from course of dealing or usage or trade.
17.3 We make no warranty that the Website will meet your requirements or will be uninterrupted, timely, secure or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the materials. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the Website.
17.4 To the fullest extent permissible under applicable law and subject to Clause 11 above, we disclaim any and all warranties of any kind, whether express or implied, in relation to the Goods including but not limited to, implied warranties of satisfactory quality and fitness for a particular purpose.
17.5 Notwithstanding any other provision in the Conditions, nothing herein shall limit your rights as a consumer under English law.
17.6 The information provided to you in connection with the Goods is provided by the suppliers to us and/or the manufacturers of such Goods and you acknowledge that we do not verify the accuracy of such information. We therefore exclude all liability of any kind (including for defamation, breach of confidence, intellectual property right infringements, invasion of privacy and negligence) for the transmission or reception of such information whatever nature to you.
17.7 You acknowledge that we cannot guarantee and therefore shall not be in any way responsible for the security or privacy of the Website and any information provided to or taken from the Website by you.
17.8 We will not be liable, in contact, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise out of or in connection with these Conditions for:
17.8.1 any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings); or
17.8.2 any loss of goodwill or reputation.
in any case whether or not such losses were within the contemplation of either you or us at the date on which the event giving rise to the loss occurred, was suffered or incurred by you or us arising out of or in connection with the provisions of any matter under these Conditions.
17.9 Nothing in the Conditions shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our servants, agents or employees.
If any part of the Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from the Conditions and shall not affect the validity and enforceability of any of the remaining provisions of the Conditions.
No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision of the Conditions.
20 Entire Agreement
These Conditions (as amended from time to time) contain the entire agreement between you and us relating to the subject matter covered and supersedes any previous agreements, arrangements, undertakings or proposals, written or oral, between you and us in relation to such matters. No oral explanation or oral information given by either you or us shall alter the interpretation of these Conditions. You confirm that, in agreeing to accept these Conditions, you have not relied on any representation save insofar as the same has expressly been made a representation in these Conditions and you agree that you shall have no remedy in respect of any misrepresentation which has not become a term of these Conditions save that your agreement contained in this Clause shall not apply in respect of any fraudulent or negligent misrepresentation whether or not such has become a term of these Conditions.
The Conditions shall be governed by and construed in accordance with the laws of England and you irrevocably submit to the exclusive jurisdiction of the courts of England.