Terms Of Use

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE

Subject to the following terms and conditions of use (“Terms of Use”), ECCO Shoes Canada, Inc. (referred to herein as "ECCO," "we," "us" and "our") provides you with access to our websites, including without limitation, www.eccocanada.com, ca.ecco.com, all websites owned and operated by ECCO that redirect to either of the foregoing, and all subdomains of the foregoing, (collectively referred to as 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.

1. Acceptance of Terms of Use

BY ACCESSING, USING AND/OR PURCHASING PRODUCTS AT THE WEBSITE, YOU ARE AGREEING TO BE BOUND WITHOUT LIMITATION OR QUALIFICATION BY THESE TERMS OF USE, AND SUCH OTHER ADDITIONAL OR ALTERNATIVE TERMS, CONDITIONS, RULES AND POLICIES INCLUDING, WITHOUT LIMITATION, THE PRIVACY POLICY (AS DEFINED BELOW) AND ANY ADDITIONAL TERMS (AS DEFINED BELOW), WHICH ARE DISPLAYED OR TO WHICH YOU MAY BE DIRECTED IN CONNECTION WITH ANY PARTICULAR WEBSITE OR ANY OF THE SERVICES AVAILABLE ON THE WEBSITE, ALL AS MAY BE MODIFIED BY ECCO FROM TIME TO TIME IN OUR SOLE DISCRETION. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF USE, THEN YOU MUST DISCONTINUE USING AND/OR ACCESSING THE WEBSITE AND MUST NOT PURCHASE PRODUCTS FROM THE WEBSITE.

We suggest you print a copy of these Terms of Use for your records. These Terms of Use are available at a link at the bottom of each page on the Website. 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 to determine whether a change has been made. Your continuing access to or use of the Website confirms your unconditional acceptance of the then-current Terms of Use in their entirety. If you do not agree to be bound by such modified Terms of Use, you must discontinue using and/or accessing the Website immediately.

From time to time, ECCO may supplement these Terms of Use with additional or different terms and/or conditions pertaining to specific Content (as defined below), contests, events, services or products offered via the Website (in each such instance, and collectively, "Additional Terms"), which Additional Terms may be placed on the Website and shall be identified as such. You understand and agree that such Additional Terms are hereby incorporated by reference into these Terms of Use. To the extent there is a conflict between these Terms of Use and any Additional Terms, the Additional Terms will control unless the Additional Terms expressly state otherwise.

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. You may not 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.

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:

You represent that you are eighteen years of age (18) or older and are not a person barred from receiving services under the laws of the Province of Ontario and the federal laws of Canada or other applicable jurisdiction. You will: (i) provide true, accurate, current and complete information about yourself as prompted by any registration form(s) on the Website (the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your User Account and refuse any and all current or future use of the Website (or any portion thereof). You are responsible for maintaining the confidentiality of the password and login name for your User Account. ECCO recommends that you choose a password that is unique to you and not easily guessed by others. You should change your password on a regular basis, and you must log out at the end of each session. You are solely responsible and liable for any use and misuse of the login name and password for your User Account and for all activities that occur under your User Account. You agree to (i) immediately notify ECCO of any unauthorized use of your password or User Account or any other breach of security, and (ii) ensure that you exit from your account at the end of each session. All login names and passwords remain the property of ECCO, and may be cancelled or suspended at any time by ECCO without any notice or liability to you or any other person. ECCO is not under any obligation to verify the actual identity or authority of the user of any login name or password.

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

The Website, its design and all text, audio, video, pictures, music, images, graphics, information, data, content, and other material displayed on, or downloadable from, the Website (collectively, "Content") are the property of, or used with permission by, ECCO and are protected by copyright, trade-mark 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 Content. You may not modify the Content in any way, or reproduce, publicly display, perform, distribute or otherwise use any Content for any public or commercial purpose. Any unauthorized use of any Content may violate copyright laws, trade-mark laws, laws of privacy and publicity, or any other laws, rules and regulations. You may not remove any copyright, trade-mark 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.

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.

ECCO does not endorse or sponsor any such User Communications submitted by you or other users of the Website. We reserve the right to terminate and/or deny you access to the Website if we determine, in our sole discretion, that you are violating these Terms of Use, 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.

Subject to the terms and conditions set forth in our Privacy Policy (linked at the bottom of each page in the Website), 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 non-exclusive, perpetual, fully paid up, royalty-free, sublicensable, 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 represent and warrant to us that you are entitled to transmit or post User Communications to the Website 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 for any purpose whatsoever, including without limitation developing, manufacturing and marketing products.

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.

7. Personal Information and Privacy Policy

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) (the “Privacy Policy”) for details about what information we collect on the Website and how we use and share such information, as well as our use of internet tags, cookies, graphic tags and web beacons. By accepting the Terms of Use, you hereby consent to: (i) ECCO’s collection and use of your Personal Information in accordance with the Privacy Policy and the Terms of Use. The Privacy Policy may be updated from time to time at our discretion. Changes will be effective upon posting to the Website.

8. Termination/Suspension

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

Advertisements on the Website are invitations to you to make offers to purchase products and services on the Website and are not offers to sell. Your properly completed and submitted order form constitutes your offer to purchase the products referenced in your order. Your order will be deemed to be accepted only at the point when ECCO sends a shipping notice e-mail to the e-mail address that you provided in the ordering process. That shipping notice email constitutes our acceptance of your order and forms a legally binding contract with ECCO that is subject to these Terms of Use. The total price of your order will be charged to your payment method once your order has been accepted by ECCO.

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 some reason you are not satisfied with your purchase, you may return it for a refund of your purchase price. Shipping and handling charges are not refundable. At this time, ca.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 88 Foster Crescent Mississauga, Ontario L5R 4A2

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.

11. Linking

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: eccocanada@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 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.

14. Indemnification

Unless prohibited by applicable law, you agree to indemnify, hold harmless and, at our option, defend each of ECCO, its parents, subsidiaries, affiliates, officers, directors and employees, from and against all losses, expenses, damages and costs, including reasonable legal fees and expenses, resulting from or related to (i) your use of the Website or any Content, (ii) the violation of these Terms of Use by you, or (iii) the infringement by you, or any other user using your account, of any intellectual property or other right of any person or entity, whether in connection with your User Communications or otherwise. IF YOU ARE OBLIGATED TO INDEMNIFY US HEREUNDER, WE MAY, IN OUR SOLE DISCRETION, CONTROL THE DEFENCE 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.

15. Governing Law

We provide our Website from our offices within Canada. We make no representation that the content on our Website is appropriate, legal or available for use in other locations. You may not use or export the content in violation of Canadian export laws and regulations. These Terms of Use shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable in that Province, 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.

16. Remedies for Breach of these Terms by You

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 conduct that ECCO deems to be inappropriate or unacceptable in its sole discretion, 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.

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 88 Foster Crescent Mississauga, Ontario L5R 4A2

or, via e-mail to: eccocanada@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.

18. Children

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).

19. Miscellaneous

The provisions of these Terms of Use which by their nature are intended to survive the termination of these Terms of Use or your access and use of the Website shall survive and continue in effect including, without limitation, Sections 3, 4, 5, 6, 10 - 18.

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. 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 ECCO's 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. The headings used in these Terms of Use are included for convenience only and will not limit or otherwise affect these Terms of Use. ECCO may assign its rights and obligations under these Terms of Use. These Terms of Use will inure to the benefit of our successors, assigns and licensees. ECCO shall be not be liable to you for any failure or delay in performance by circumstances beyond its control, including, but not limited to, acts of God, fire, labour difficulties, governmental action or terrorism.

You represent to ECCO that you have the authority to access and use the Website 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) constitute the entire understanding between the parties as to the subject matter here of, and supersede all prior agreements and understandings. We may communicate with you by email or by posting notice on the Website. You agree that any notices, disclosures, amendments or other communications provided to you electronically satisfy any requirement, legal or otherwise, that such communication be in writing.

The parties have requested that these Terms of Use and all documents contemplated by these Terms and Conditions be drawn up in English. Les parties aux présentes ont exigé que cette entente et tous autres documents envisagés par les présentes soient rédigés en anglais.

20. Bulk Purchase and No Resale Policy

ECCO does not permit bulk buying for purposes of resale. Although we would like to sell as many ECCO products as possible, we also want customers to benefit from ECCO’s footwear knowledge, experience, and service. ECCO’s reputation as one of the premier footwear brands in the world is based on superior service. Whether in ECCO retail stores or at ECCO’s ecommerce site, we ensure you receive the right shoe for you in the right size. If your ECCO shoes don’t fit or you are otherwise unsatisfied and you purchased them at ca.ecco.com, you may return them by mail or to an authorized ECCO store in accordance with ECCO’s Returns Policy. Likewise, ECCO products purchased at ca.ecco.com are covered by ECCO’s Standard Warranty. Products purchased from unauthorized resellers are not eligible for return or warranty coverage.

To be clear, if you purchase a pair of ECCO shoes for personal use and decide to resell them later, that is permissible. Likewise, under certain circumstances, we may permit bulk purchases for promotional proposes or specific events. As a general matter, however, purchasing in bulk solely for purposes of resale is prohibited.

You may purchase no more than ten separate ECCO products in any one order per day. Additionally, no more than six items of the same style and color per customer per day. If you require more than six products for personal use or gifts, you may place more than one order. However, repeated purchases amounting to six or more products may be scrutinized to ensure they are not intended for resale. Orders determined to be for resale may be rejected.

ECCO MAY REFUSE TO ACCEPT RETURNS THAT WERE PURCHASED IN VIOLATION OF ECCO POLICIES, INCLUDING ECCO’S NO RESALE. PRODUCTS PURCHASED FOR RESALE ARE NOT ELIGIBLE TO BE RETURNED UNLESS DEFECTIVE.

21. Contact Us

We welcome your comments and questions. Please contact us at:

ECCO Shoes Canada 88 Foster Crescent Mississauga, Ontario L5R 4A2

Copyright © 2018 ECCO Shoes Canada, Inc. All rights reserved. Any rights not expressly granted herein are reserved.

LAST UPDATED: JULY 2023