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 Website, terminating any ECCO accounts and/or cancelling any order for products.
2. Use of Website
You will not use the Website 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 Website 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 Website in connection with requesting, harvesting, obtaining or storing any personal information, passwords, account information or information about other users of the Website. You may not use any data mining, robots, or similar data gathering and extraction tools in connection with the Website. If you download software or any other content from the Website, you do so at your own risk.
3. Registration; Accounts; and Passwords
Certain transactions or features on the Website and certain of our services may require registration for a user account on the Website (“User Account”). If you register for a User Account, then you agree to the following:
4. Accuracy of Information
We rely on the information that you provide through the Website, including Registration Data, size information, payment information and transaction-related information, which must be true, accurate, current and complete. You will be solely responsible and liable for any and all loss, damage, and additional costs that you, we or any other person may incur as a result of your submission of any false, incorrect or incomplete information or your failure to promptly update your registration information and payment information following any change.
5. Copyright and Trade-marks
Certain trade-marks, trade names, service marks and logos, icons and domain names used or displayed on the Website are registered and unregistered trade-marks, trade names and service marks owned by ECCO and/or our affiliates. Other trade-marks, trade names and service marks used or displayed on the Website are the registered and unregistered trade-marks, trade names and service marks owned by their respective owners and are used with permission by ECCO. Nothing contained on the Website grants or should be construed as granting, by implication, estoppel or otherwise, any license or right to use any trade-marks, trade names, service marks or logos displayed on the Website without ECCO's written permission or the written permission of such third-party owner.
6. 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 Website 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, trade-mark, trade secret, rights of privacy, rights of publicity or any other applicable laws.
You are prohibited from posting, uploading, submitting, sharing or transmitting any unlawful, threatening, infringing, libelous, 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 Website at any time, for any reason or for no reason. Additionally, we may cancel any order placed through the Website at any time in our sole discretion.
9. Modification of the Website
ECCO reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website or any part thereof, with or without notice. ECCO shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Website. ECCO may establish general practices and limits concerning use of the Website.
10. Price; Purchasing Products; Shipping and Returns
If you wish to cancel an order, you may request a cancellation by contacting us by email or by telephone (please see the footer of the Website and/or the contact page on the Website for applicable contact information). However, we may not receive and process your cancellation request before we accept and ship your order, in which case your cancellation request may not be effective.
We attempt to describe our products as accurately as possible. However, we do not warrant or guarantee that any product description or other content on the Website will be accurate, complete, reliable or error-free. 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.
The price for any item purchased from the Website is not confirmed until your order is accepted by ECCO. Although we strive to make our Website pricing as accurate and up to date as possible, the price you receive at order acceptance may differ from the price displayed for the product on the Website. If the price of any product you order was incorrectly displayed on our Website, we will provide you with an opportunity to place an order at the correct price.
Unless otherwise stated, all prices quoted are in Canadian currency and exclude shipping charges and taxes. Tax charges are based on applicable federal, provincial and harmonized sales tax rates based on the delivery address associated with your order. If applicable, shipping charges will be added to your order during the checkout process.
All products purchased from the Website are delivered pursuant to a shipment agreement with a third party shipping commercial carrier. Accordingly, the risk of loss and title to such purchased products pass to you upon our delivery to a commercial carrier. In the case where no signature or other proof of receipt is required by the carrier, all such orders reported as delivered by the carrier shall be deemed to be delivered to and received by you. We will not be responsible for any lost or stolen orders. You are solely responsible for selecting a secure delivery location. In the case where a signature or other proof of receipt is required by the carrier upon delivery, any signature on that document, or other proof of receipt, will constitute conclusive evidence of delivery of the order to you.
Any items purchased on the Website will not be delivered to an address outside of Canada.
If for any reason you are not satisfied with your purchase, you may return it for a refund of the purchase price and shipping charges. At this time, ca.shop.ecco.com can only accept returns purchased through our website. All purchases made through a participating ECCO retailer or an ECCO retail store should be returned to their original place of purchase.
Online orders may be returned to ECCO Shoes Canada Inc. for refund within 30 days, provided the item is unworn and all original packaging is intact. Items may be returned to any ECCO retail store in Canada for exchange or store credit if accompanied by a copy of the original invoice. Refunds are only available via return shipment to ECCO Shoes Canada Inc.
Just send your unused and unworn item to us within 30 days of shipment, along with a copy of your purchase receipt to:
ECCO Shoes Canada, Inc.
Internet Returns Dept.
10 Whitehall Drive
Markham, ON L3R 5Z7
Based on your return instructions in the return authorization form, we will issue you a credit to your payment method or send the replacement item. We can only issue credit to the same payment method used for the purchase. If we believe that the product you've 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 service.
ECCO reserves the right at any time to limit quantities, reject, correct, cancel or refuse orders, and to terminate accounts, in its discretion, including, without limitation, if ECCO believes that customer conduct violates applicable law or is harmful to the interests of ECCO or any third parties.
The Website may contain links to other websites 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 Website. 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 Website, you do so entirely at your own risk.
If you intend to create any link from another website to any page on the Website, 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 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 or through frames or similar means on another website without our prior written permission is prohibited.
12. Product Warranty; and Disclaimer of Warranties
ECCO warrants that ECCO-branded products purchased from the Website are free from defects in manufacturing and materials for a period of one year from the purchase date. This is not a guarantee against normal wear and tear. If a qualifying ECCO-branded product proves defective within one year from the purchase date, we will replace it with a new one. Please contact ECCO for further details.
YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE AND CONTENT IS AT YOUR SOLE RISK. EXCEPT AS EXPRESSLY SET FORTH IN THE PARAGRAPH ABOVE, ECCO MAKES NO REPRESENTATIONS, WARRANTIES, CONDITIONS OR UNDERTAKINGS OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THE WEBSITE AND/OR ANY CONTENT, PRODUCTS OR SERVICES PROVIDED ON THE WEBSITE, ALL OF WHICH ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. ECCO DOES NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENCY, RELIABILITY OR SUITABILITY OF THE OPERATION OF THE WEBSITE, OR ANY OF THE CONTENT OR DATA FOUND ON THE WEBSITE, AND EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS IN RESPECT OF THE WEBSITE, ITS CONTENT OR DATA, AND ANY PRODUCTS OR SERVICES OFFERED FOR SALE ON THE WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE.
ECCO MAKES NO WARRANTY THAT THE WEBSITE, CONTENT OR PRODUCTS WILL MEET YOUR REQUIREMENTS, OR THAT THE WEBSITE, THE CONTENT OR YOUR USE THEREOF WILL BE UNINTERRUPTED, TIMELY, SECURE, CURRENT, ACCURATE, COMPLETE OR ERROR FREE.
ECCO IS NOT RESPONSIBLE FOR LATE, LOST, INCOMPLETE, ILLEGIBLE, MISDIRECTED OR STOLEN MESSAGES OR MAIL, UNAVAILABLE NETWORK CONNECTIONS, FAILED, INCOMPLETE, GARBLED OR DELAYED COMPUTER TRANSMISSIONS, ON-LINE FAILURES, HARDWARE, SOFTWARE OR OTHER TECHNICAL MALFUNCTIONS OR DISTURBANCES OR ANY OTHER COMMUNICATIONS FAILURES OR CIRCUMSTANCES AFFECTING, DISRUPTING OR CORRUPTING COMMUNICATIONS.
ECCO DOES NOT GUARANTEE OR WARRANT THAT THE WEBSITE OR ANY CONTENT WILL BE FREE OF INFECTION FROM VIRUSES, WORMS OR OTHER CODE THAT HAS CONTAMINATING OR DESTRUCTIVE PROPERTIES. YOU UNDERSTAND AND AGREE THAT ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS AT YOUR OWN DISCRETION AND RISK.
THE WARRANTY DISCLAIMERS SET FORTH IN THIS SECTION 11 DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
13. Limitations of Liability
IN NO EVENT WILL ECCO BE LIABLE FOR ANY DAMAGES, WHETHER DIRECT OR INDIRECT (INCLUDING, WITHOUT LIMITATION, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES (AND DAMAGES FROM LOST PROFITS, INTERRUPTION OF BUSINESS or LOST DATA)), WHETHER FORESEEABLE OR NOT, WHICH MAY ARISE OUT OF YOUR ACCESS TO, INABILITY TO ACCESS, OR YOUR USE OF THE WEBSITE OR ANY CONTENT, RESULTING FROM ANY PRODUCTS PURCHASED OR OBTAINED, MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE WEBSITE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA.
NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, OUR SOLE LIABILITY TO YOU FOR ANY REASON TO YOU, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE OR CLAIM WHATSOEVER, SHALL BE LIMITED TO THE AMOUNT PAID BY YOU FOR ANY PRODUCT, INFORMATION OR SERVICE PURCHASED BY YOU FROM US THROUGH OUR WEBSITE.
THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION 12 DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
15. Governing Law
16. Remedies for Breach of these Terms by You
If your ability to access and/or use the Website 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 Website, any other service provided by ECCO, through use of a different member name or otherwise.
17. Copyright Complaints
We respect the intellectual property of others, and we expect users of the Website to do the same. If you believe that your work has been copied and is accessible on our Website in a way that constitutes copyright infringement, you may notify our designated Copyright Agent at the following:
ECCO Shoes Canada, Inc.
Attn: Website Copyright Inquiry
10 Whitehall Drive
Markham, ON L3R 5Z7
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 Website 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 Website is made available only to people who can form legally binding agreements under applicable law. The Website is intended for a general audience and is not intended to be used by minor children. Children, being anyone under the age of 18, accessing the Website 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 Website, you will be solely responsible for: (i) the online conduct of such Minor; (ii) monitoring such Minor's access to and use of the Website; and (iii) the consequences of any use of the Website by such Minor. We hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material and information that is harmful to minors. Information identifying current providers of such protections is available at the GetNetWise website //www.getnetwise.org/ (GetNetWise is not owned, operated, endorsed by or affiliated with ECCO).
20. Contact Us
We welcome your comments and questions. Please contact us at:
ECCO Shoes Canada, Inc.
Attn: Website Inquiries
10 Whitehall Drive
Markham, ON L3R 5Z7
Copyright © 2015 ECCO Shoes Canada, Inc. All rights reserved. Any rights not expressly granted herein are reserved.
LAST UPDATED: MARCH, 2015