TERMS AND CONDITIONS

Terms of Use | ECCO® Shoes

These are the terms of use (Terms of Use) for your use of the services or features on the websites owned, controlled, or operated by [ECCO Malaysia Sdn. Bhd. Registration No. 201501035703 (1161023-M)] (ECCO) (referred to herein as "we," "us" and "our"), including [my.ecco.com] and any third-party sites where we post our content or invite your feedback (each referred to herein as the Website and collectively referred to as the Websites). Our Terms of Use will govern your use of our Websites and your conduct, regardless of the means of access (i.e. you may access our Website via a computer or mobile phone device. We do not make any representations about third-party websites that may be linked to the Website.

You should read these Terms of Use and the Personal Data Privacy Policy very carefully. The Personal Data Privacy Policy is incorporated into these Terms of Use by reference.

BY ACCESSING AND USING THE WEBSITE, YOU SIGNIFY YOUR AGREEMENT TO THESE TERMS OF USE WITHOUT LIMITATION OR QUALIFICATION. IF YOU DO NOT AGREE, PLEASE EXIT AND DO NOT ACCESS OR USE OUR WEBSITE.

1. Acceptance of Terms of Use

These Terms of Use are available at a link at the bottom of each page on the Website.

ECCO reserves the right to supplement to, change or modify any of the terms and conditions contained in these Terms of Use, and from time to time, post on the Website, guidelines, and rules relating to the use of the Website without liability and without prior notice to you. All such modified terms and conditions and guidelines are incorporated by reference into these Terms of Use. These Terms of Use will also apply to you when you make a purchase on our Website. You are advised to check for updates to these Terms of Use regularly, prior to accessing and using the Website or before you make a purchase.

Your continued access and use of the Website 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 Website.

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 may browse and use the Website solely for your personal, non-commercial purposes and in compliance with these Terms of Use. When accessing or using the Website, you cannot:

(a) distribute, modify, transmit, publish, reuse, repost or use the Website or any content made available on the Website: (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 Website or interfere with any other party's use or enjoyment of the Website, misrepresenting or damaging to our brand;

(b) 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;

(c) misuse the Website by knowingly introducing computer viruses, malware, keyloggers, spyware, worms, Trojan horses, timebombs, or other malicious or harmful programming (Malware) or by undertaking any action which would harm the Website, any Website user’s equipment or have a detrimental impact on any Website user’s experience of using the Website. For avoidance of doubt, we do not have an obligation to detect the presence of such Malware; or

(d) use the Website to modify, interfere, intercept, disrupt or hack the Website with a view to illegally obtain 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. Intellectual property rights

Intellectual Property Rights means any patent, copyright, trademark, tradename, service mark, service name, brand mark, brand name, logo, corporate name, Internet domain name or industrial design, any registrations thereof and pending applications, and any other Intellectual Property Right including but not limited any know-how, trade secret, trade right, formula, propriety information, as well as any user information, marketing data, computer program, software, database, and license or other contract.

The Website and all text, audio, video, pictures, music, images, graphics, information, data, content, including source code and other material displayed on, or downloadable from, the Website (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.

In respect of the Intellectual Property Rights of ECCO and the Content on the Website, you may not:

(a) in any way copy, reproduce, republish upload, download, post, transmit, store, modify, alter or display the Content for 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; or

(b) remove any copyright, trademark or other proprietary notices from the Website or any Content. All rights to Content not expressly granted herein are reserved by and to the respective owners of such Content.

All right, title, and interest in the Intellectual Property Rights and the Contents of the Website shall at all times remain as the property of ECCO and/or our licensors. Any use of the same unless with prior express written consent of ECCO shall constitute unauthorised use of such materials.

4. Use of Personal Data/Privacy Policy

We value your privacy and are committed to safeguarding your personal information. All personal data collected by us shall be handled strictly in accordance with our Privacy Policy.

5. Limitation of Liability

By accessing and using the Website, you acknowledge and agree that the use of the Website is at your own risk and ECCO shall not be liable for any direct, indirect, incidental, consequential, or punitive damage, loss of data, income, or for damages for loss of profit arising out of any use of, access to, or inability to use or access the Website.

ECCO is not liable for any errors or omissions in the contents of the Website (to such extent as may be permitted by law) and we assume no responsibility and shall not be liable for any damage or injury (to such extent as permitted by law) for the use or access to the Website.

6. Termination/Suspension

We may suspend or terminate your use of the Website at any time, under certain circumstances, without prior notice to you. We reserve the right to change, suspend, or discontinue all or any aspect of the Website at any time at our sole discretion. Amongst others, we may terminate your use of the Website due to:

(a) breach or violation of these Terms of Use;

(b) request by law enforcement or other regulatory authority in Malaysia or elsewhere;

(c) infringement of Intellectual Property Rights;

(d) modification of the products or services provided on the Website; or

(e) technical issues.

Additionally, we may cancel any purchase or orders placed through the Website at any time at 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, as may be amended from time to time. All orders are subject to availability and confirmation of acceptance by us.

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 Malaysia on all orders.

In making a purchase at our Website, you warrant that:

(a) you are at least 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us;

(b) if you are below 18 years of age, you have obtained the consent or is under the supervision of your parent or legal guardian;

(c) the personal data provided to us is true, accurate, complete and current; and

(d) you are the authorised user of the credit or debit card or any online payment system used to place your order and there are sufficient funds to cover the costs of the products ordered.

We retain the right to refuse any request made by you. If your order is accepted, we will inform you by email. 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. All orders are subject to acceptance by us. 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. If we do not accept your order and we have already accepted payment from you, your payment will be fully refunded.

7.3. Pricing and Availability

(a) 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 we have accepted your cancellation and you have already paid for the goods, you will receive a full refund.

(b) The prices on the website exclude delivery costs. Delivery costs will be charged in addition and such additional charges are clearly displayed where applicable and included in the ‘Total Cost’.

(c) The Website 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.

(d) Except to the extent we are prohibited by law, you agree that our goods as provided on the Website must not be used for trade events, reproduction, resale or be purchased through this service for the purpose of making profits or commercial purposes, without our prior written consent.

7.4. Payment terms

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 and Visa.

You must pay any fees and charges online using the above payment cards.

7.5. 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, we do not warrant that product descriptions or the content included on the Website are accurate, complete, 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 product in an unused condition.

7.8 Cancellations and returns

You may cancel an order up until the time of dispatch by contacting our Customer Service at cs.my@ecco.com. If we have taken payment the full amount, including any delivery costs paid 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 on the Website, you may return it for a refund of the purchase price you paid minus all shipping charges. We can only accept returns purchased through this Website.

Just send your unused and unworn item in the original packaging to us within 14 days upon receipt of the items, along with a copy of your purchase receipt and the Online Store Returns Form with the provided Reply Paid label to:

ECCO Shoes Malaysia – Online Store Returns

LF Logistics Services (M) Sdn Bhd 43-44 Lengkuk Keluli 1, Kaw.Perindustrian Bukit Raja Selatan, Sek 7, 40000 Shah Alam, Selangor.

Based on your return instructions in the return authorisation 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.

8. Linking and Third-Party Content

8.1

You must not link to, frame, or mirror any part of the Website without ECCO’s prior written authorisation.

8.2

This Website may contain links to other websites that are not owned, operated or controlled by ECCO or its affiliates (each a Third-Party Site), including links to websites or services operated by other organisations and individuals. 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, approve, 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.

8.3

If you intend to create any link from another Website to any page on this Website, you must inform us via email at: cs.my@ecco.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 frames or similar means on another Website without our prior written permission is prohibited.

9. Product Warranty

Our products come with guarantees pursuant to the Consumer Protection Act 1999 of Malaysia (CPA). All goods sold in Malaysia come with guarantees that cannot be excluded under the CPA. You are entitled to a one-for-one replacement 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.

Without excluding, restricting, or modifying the rights and remedies to which you may be entitled under the consumer guarantee provisions under the CPA 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. Indemnification

By using and accessing the Website:

(a) assume all risks associated with its use, including but not limited to the risk that your computer, software, or data may be damaged by any Malware transmitted by the Website or by any Third-Party Sites; and

(b) to the extent permitted by law, you agree to indemnify and hold harmless each of ECCO, from and against all losses, expenses, damages, and costs, including reasonable legal fees, resulting from or related to your use of this Website 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.

11. Governing Law

These Terms of Use shall be governed by and construed in accordance with the laws of Malaysia. We make no representation that the content on our Website is appropriate, legal, or available for use in other locations. 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.

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.

12. Remedies for Breach of these Terms by You

In the event that you have breached any of the provisions under these Terms of Use, 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 Website; (iii) discontinue your access to the Website, (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.

13. 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 Malaysia

Level 3, Menara AIA Sentral No. 30, Jalan Sultan Ismail 50250 Kuala Lumpur

Email Address: cs.my@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 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.

14. Contact Us

If you have any queries regarding these Terms of Use, please contact us at:

ECCO Shoes Malaysia

Email Address: cs.my@ecco.com