TERMS OF USE
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE ECCO WEBSITE OR MOBILE APPLICATION
Subject to these Terms of Use, ECCO (Cyprus) Limited, 195 ARCH. MAKARIOS III AVE. NEOCLEOUS HOUSE 3030 LIMASSOL CYPRUS, Reg. No.: HE 290547 (referred to herein as "ECCO", "we", "us" and "our") provides you with access to this website (hereinafter referred to herein as the "Website") and our mobile application (referred to herein as the “App”).
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 or the App, terminating any accounts and/or cancelling any order for products.
1 Acceptance of Terms of Use
1.1 By accessing, using and/or purchasing products, subscribing to newsletters or posting reviews at this Website or the App, 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 Website.
1.2 These Terms of Use are available at a link at the bottom of each page on the Website or may be accessed from the menu of our App. You may review or print out the Terms of Use at any time free of charge. 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 Website or App to determine whether a change has been made. Your continuing access to or use of the Website or App 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 or App.
1.3 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 Website or App 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 the Website or App
2.1 You may browse and use the Website and App 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 Website or App or any content made available on the Website or App: (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 App or interfere with any other party's legitimate access to and use of the Website or App, You must not act in a manner likely to misrepresent or damage the ECCO business or brand whilst interacting with the Website or App.
2.2 You will not use the Website or App 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.
2.3 You will not transmit, distribute, introduce or otherwise make available in any manner through the Website or App any computer virus, key loggers, 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 or App in connection with requesting, harvesting, obtaining or storing any personal information, passwords, account information or information about other users of the Website or App. You may not use any data mining, robots, or similar data gathering and extraction tools in connection with the Website or App. If you download software or any other content from the Website or App, you do so at your own risk.
3 Copyright and Trademarks
3.1 The Website, App and all text, audio, video, pictures, music, images, graphics, information, data, content, and other material displayed on, or downloadable from, the Website or App (the "Content") are the property of, or used with permission by, ECCO (Cyprus) Limited and/or ECCO Sko A/S 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 Website, App or any Content. All rights to Content not expressly granted herein are reserved by and to the respective owners of such Content.
3.2 Certain trademarks, trade names, service marks and logos, icons and domain names used or displayed on the Website or App are registered and unregistered trademarks, trade names and service marks owned by ECCO Sko A/S and/or our affiliates. Other trademarks, trade names and service marks used or displayed on the Website or App 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 Website or App 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 Website or App without ECCO's written permission or the written permission of such third-party owner.
4 User Communications
4.1 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 App or by electronic mail, including without limitation any data, questions, comments, ideas, concepts, know-how, techniques, suggestions or the like (collectively "User Communications").
4.2 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 Website or App. We reserve the right to terminate and/or deny you access to the Website or App 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.
4.3 Subject to the terms and conditions set forth in our Privacy Policy (linked at the bottom of each page on the Website or available on the menu in our App), all User Communications will be treated as non-confidential and non-proprietary 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 Website or App 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 Website or App for any purpose whatsoever including without limitation developing, manufacturing and marketing products.
4.4 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.
4.5 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
5.1 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 Website or in the App) for details about what information we collect on this Website or through our App and how we process, store and share such information.
6 Termination/Suspension
6.1 We may suspend or terminate your use of the Website or App at any time, for any reason or no reason. We reserve the right to change, suspend, or discontinue all or any aspect of the Website or App at any time without notice. Additionally, we may cancel any order placed through the Website or App at any time in our sole discretion.
7 Linking
7.1 The Website or App 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 the Website or App. 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 or App, you do so entirely at your own risk.
7.2 If you intend to create any link from another website to any page on this Website or App, you will inform us via email at: customerservice.me@ecco.com
7.3 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 our internal policies. Running or displaying the Website, or App or any Content in frames or similar means on another website without our prior written permission is prohibited.
8 Disclaimer
8.1 YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE, APP AND CONTENT IS AT YOUR SOLE RISK. EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS, THE WEBSITE, APP AND ANY CONTENT ON THE WEBSITE OR APP ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS, ECCO EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE WEBSITE, APP AND ANY CONTENT, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
8.2 ECCO MAKES NO WARRANTY THAT THE WEBSITE, APP OR CONTENT WILL MEET YOUR REQUIREMENTS, OR THAT THE WEBSITE, APP OR CONTENT, OR YOUR USE THEREOF WILL BE UNINTERRUPTED, TIMELY, SECURE, CURRENT, ACCURATE, COMPLETE, OR ERROR FREE.
8.3 ECCO DOES NOT GUARANTEE OR WARRANT THAT THE WEBSITE, APP 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 OR APP IS AT YOUR OWN DISCRETION AND RISK.
8.4 THE WARRANTY DISCLAIMERS SET FORTH IN THIS SECTION 8 DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
9 Limitation of liability
9.1 IN NO EVENT WILL ECCO BE LIABLE FOR ANY DAMAGES, DIRECT OR 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 WEBSITE, APP OR CONTENT, OR RESULTING FROM ANY PRODUCTS PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE WEBSITE, APP OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA.
9.2 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 AMOUNT PAID BY YOU FOR ANY PRODUCT, INFORMATION, OR SERVICE PURCHASED BY YOU FROM US THROUGH OUR WEBSITE OR THE APP. EXCEPT AS EXPRESSLY STATED ON THE WEBSITE, ECCO MAKES NO OTHER WARRANTY REGARDING ANY USE OF, OR ANY TRANSACTIONS ENTERED INTO THROUGH, THE WEBSITE OR APP.
9.3 THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION 9 DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
10 Indemnification
10.1 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 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. 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.
11 Governing Law and venue
11.1 We provide the services of this Website and App from our offices within Cyprus. We make no representation that the content on our Website or App 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 Cyprus, 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.
11.2 Any controversy or claim arising out of or relating to these Terms of Use, your use of the Website or App or your purchase of any products from the Website or App shall be settled by the competent courts of Cyprus.
11.3 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 Alternative methods of dispute resolution
12.1 Using alternative methods of dispute resolution is voluntary. The below provisions have only informative character and do not constitute any obligation neither for you nor for ECCO.
12.2 If we fail to find a satisfactory solution, you can lodge a complaint with the Consumer Protection Service (Cyprus) if conditions are met. When filling in a complaint, please enter our e-mail address legal@ecco.com.
12.3 You can read more about your right on https://consumer.gov.cy/en/consumer-rights.
13 Remedies for Breach of these Terms by You
13.1 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 inappropriate conduct, ECCO reserves the right, in particular, 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 or App; (iii) discontinue your access to the Website or App, (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.
13.2 If your ability to access and/or use the Website or App 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 or App, any other service provided by ECCO, through use of a different member name or otherwise.
14 Copyright Complaint
14.1 We respect the intellectual property of others, and we expect users of the Website or App to do the same. If you believe that your work has been copied and is accessible on our Website or App in a way that constitutes copyright infringement, you may notify our designated Copyright Agent at the following:
ECCO SKO A/S
Att.: Group Legal
Industrivej 5
6261 Bredebro
Denmark
or at email: legal@ecco.com.
14.2 We recommend that the claims of copyright infringement are made in writing and 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 or App 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
15.1 Access to and use of the Website or App is made available only to people who can form legally binding agreements under applicable law. The Website and App is intended for a general audience and is not intended to be used by minor children. Children accessing the Website or App should obtain the permission and assistance of a parent or legal guardian. If you allow a minor or child for whom you are a legal guardian (a "Minor"), to access the Website or App, 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 or App; and (iii) the consequences of any use of the Website or App by such Minor.
16 Miscellaneous
16.1 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.
16.2 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 our 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.
16.3 You represent to ECCO that you have the authority to access and use the Website or App according to these Terms of Use. These Terms of Use and any Additional Terms (as such terms shall be identified when posted on the Website or App) constitute the entire understanding between the parties as to the subject matter here of, and supersede all prior agreements and understandings.
17 Contact Us
17. 1 We welcome your comments and questions. Please contact us at:
ECCO Cyprus - LLC-Egkomi Store
Achaion Street House nr: 11
Postal Code: 2413
Nicosia/Cyprus
Phone number: +35 722 46 14 36
E-mail: customerservice.me@ecco.com.
Last updated: 22th January 2024