Terms of use

From https://es.ecco.com/

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE ECCO WEBSITE OR MOBILE APPLICATION

Subject to these terms of use, ECCO Footwear, SL (hereinafter, "ECCO", "we", "us" and "our") provides you with access to this website (hereinafter, the "Website") and our mobile application (hereinafter, the "Application").

ECCO reserves the right to take any action it deems necessary in the event of any suspected fraudulent or illegal activity, including, without limitation, disabling access to the Website or the Application, deleting any account, or canceling any product order.

Acceptance of the terms of use

  1. By accessing, using, or purchasing products, subscribing to newsletters, or posting reviews on this Website or in the App, you agree to these terms of use. Without limitations or reservations. If you do not agree, leave and do not access, use, or purchase products on this Website .

  2. These Terms of Use are available via a link at the bottom of each page of the Website or can be accessed from our App's menu. You can review or print the Terms of Use free of charge at any time. We reserve the right to modify these Terms of Use at any time and periodically. Please check these Terms of Use before using the Website or App to determine if any changes have been made. Your continued 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 with any changes to the Terms of Use, you must leave and not use the Website or App.
  3. ECCO may eventually supplement these terms of use with additional terms relating to specific content or events (“Additional Terms”), which may be posted on the Website or App for display in connection with the specific content or events and will be identified as such. You understand and agree that these Additional Terms are incorporated by reference into these terms of use.

  4. Website Use

      • You may browse and use the Website solely for personal, non-commercial purposes and in accordance with these terms of use. You may not distribute, modify, transmit, publish, reuse, forward, or otherwise exploit the Website or any content 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;
        (iv) in a manner that could damage, disable, overburden, or impair the Website or interfere with legitimate access to and use of the Website by others. You must not act in a manner that could misrepresent or harm ECCO's business or brand while interacting with the Website.

      • You will not use the Website to send spam, spam (commercial or not), chain letters or mass communications of any kind, including, but not limited to, distribution lists to people who have not given their specific permission to be included on such lists.

      • You will not transmit, distribute, introduce, or otherwise make available through the Website any computer viruses, keyloggers, spyware, worms, Trojan horses, time bombs, or other malicious or harmful programs (collectively, “Viruses”). We have no obligation to detect the presence of such viruses. You may not use the Website or the App to solicit, collect, obtain, or store personal information, passwords, account data, or information about other users of the Website or the App. You may not use data mining tools, robots, or similar data gathering and extraction tools in connection with the Website or the App. If you download software or any other content on the Website or the Application, you will do so at your own risk.

    1. Copyright and trademarks

      1. The Website and all text, audio, video, photographs, music, images, graphics, information, data, content, and other material appearing on or downloadable from the Website (the “Content”) are owned by or used with the permission of ECCO Footwear, SL or ECCO Sko A/S and are protected by copyright, trademark, and other laws. They may not be used except as permitted in these Terms of Use or with the prior written authorization 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 it for any public or commercial purpose. Any unauthorized use of any Content may violate copyright, trademark, privacy, publicity, or other laws, rules, and regulations. You may not remove any copyright, trademark, or other proprietary notices from the Website or any Content. All rights in and to the Content not expressly granted herein are reserved by and for the respective owners of such Content.

      2. Certain trademarks, trade names, service marks, 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 or our affiliates. Other trademarks, trade names, and service marks used or displayed on the Website or App are registered and unregistered trademarks, trade names, and service marks owned by their respective owners and used with their 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 trademark, trade name, service mark, or logo appearing on the Website or App without the written permission of ECCO or the third-party owner.

      3. User communications

      1. You are solely responsible for any communication, message, or other content that you post, upload, submit, transmit, or share with ECCO on the Website or App or via email, including, but not limited to, data, questions, comments, ideas, concepts, know-how, techniques, suggestions, or the like (collectively, "User Communications").

      2. By transmitting or posting any User Communication, you represent and warrant that such User Communications are your own original work and will not infringe or violate any copyright, trademark, trade secret, privacy right, publicity right, or any other applicable law. ECCO does not endorse or sponsor any User Communications submitted by you or any other user of the Website. We reserve the right to terminate or deny you access to the Website if we determine, in our sole discretion, that you are violating these terms of use or any applicable law, rule, regulation, or order, or that your conduct is harmful to us, our interests, or the interests of another user, a vendor, merchant, sponsor, licensor, or third-party service provider, or any other third party.

      3. Subject to the terms and conditions set forth in our Privacy Statement (linked at the bottom of each page of the Website), all User Communications will be treated as non-confidential and non-proprietary information. Accordingly, do not post, upload, transmit, or share any User Communications that you wish to keep confidential or for which you expect compensation, acknowledgment, or attribution. You hereby grant ECCO and our affiliates or designees a perpetual, fully paid, royalty-free, irrevocable, worldwide license to the User Communications to use, transmit, copy, reproduce, distribute, publicly perform and display, and prepare derivative works based upon such User Communications in any and all media now known or hereafter devised for any and all commercial and non-commercial purposes, without any acknowledgment, compensation, or attribution. You represent and warrant to us that you have the right to transmit or post User Communications on the Website and that you have obtained all appropriate third-party licenses and consents. Furthermore, ECCO and its affiliates are free to use any ideas, concepts, know-how, or techniques contained in any User Communication submitted to the Website for any purpose, including, but not limited to, the development, manufacture, and marketing of products.

      4. You are prohibited from posting, uploading, sending, sharing, or transmitting any unlawful, threatening, infringing, libelous, defamatory, obscene, inflammatory, pornographic, or blasphemous material, or any material that could constitute or encourage conduct that would be considered a crime, give rise to civil liability, or otherwise violate the law. ECCO will fully cooperate with any law enforcement or regulatory authority or court order requesting or directing it to disclose the identity of any person posting any such information or material.

      5. We may, but are not obligated to, monitor or review User Communications. We have no obligation to use, return, review, or respond to any User Communication. We act merely as a conduit for the distribution of User Communications and have no liability related to the content of such Communications, whether or not arising under copyright, defamation, privacy, obscenity, or other laws. You agree to notify ECCO of any objectionable User Communications. We reserve the right to remove any or all User Communications at our sole discretion.

      6. Personal Information/Confidentiality Statement

      1. We value your privacy and are committed to safeguarding your personal information. Please see our Privacy Statement (linked at the bottom of each page of the Website or App) for detailed information about the information we collect on this Website or through our App and how we process, store, and share that information.

      2. Termination/suspension

      1. We may suspend or terminate your use of the Website or the App at any time, for any reason or no reason at all. We reserve the right to modify, suspend, or discontinue all or any aspect of the Website or the App at any time without prior notice. Furthermore, we may cancel any order placed through the Website or the App at any time at our sole discretion.

      2. Links

      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 Website”). All such links to Third-Party Websites are provided solely for your convenience. 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 Website. We do not endorse, warrant, or make any representations or guarantees with respect to any Third-Party Website or any content or information accessible from such Third-Party Websites, or the results you may obtain from using any Third-Party Website. If you access any Third-Party Website linked to or from the Website or App, you do so at your own risk.

      2. If you intend to create any link from another website to any page of this Website, please notify us by email at: customer.service@pa.ecco.com

      3. We reserve the right to prohibit any such link at any time. Any permitted link to the Website must comply with all applicable laws, rules, and regulations, as well as our internal policies. It is prohibited to run or display the Website or any Content within frames or similar means on another website without our prior written permission.

      4. Disclaimer

      1. YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE, APPLICATION, AND CONTENT IS AT YOUR OWN RISK. EXCEPT AS EXPRESSLY STATED IN THESE TERMS, THE WEBSITE, APPLICATION, AND ANY CONTENT ON THE WEBSITE OR APPLICATION ARE PROVIDED "AS IS" AND "AS AVAILABLE." EXCEPT AS EXPRESSLY STATED IN THESE TERMS, ECCO EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE WEBSITE, APPLICATION, AND ANY CONTENT, INCLUDING, BY LIMITATION OF LIMITATIONS, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

      2. ECCO DOES NOT GUARANTEE THAT THE WEBSITE, APPLICATION OR CONTENT WILL MEET YOUR NEEDS, OR THAT THE WEBSITE, APPLICATION OR CONTENT, OR YOUR USE OF THEM, WILL BE UNINTERRUPTED, TIMELY, SECURE, CURRENT, ACCURATE OR COMPLETE OR ERROR-FREE.

      3. ECCO DOES NOT GUARANTEE THAT THE WEBSITE, THE APPLICATION, OR ANY CONTENT ARE FREE OF VIRUSES, WORMS, OR OTHER CODE WITH CONTAMINATING OR DESTRUCTIVE PROPERTIES. YOU UNDERSTAND AND AGREE THAT ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE OR THE APPLICATION IS AT YOUR OWN DISCRETION AND RISK.

      4. THE DISCLAIMERS SET FORTH IN THIS SECTION 8 WILL NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE CONSULT LOCAL LAW FOR SUCH PROHIBITIONS.

      5. Limitation of liability

      1. IN NO EVENT SHALL ECCO BE LIABLE FOR ANY DAMAGES, DIRECT OR INDIRECT, INCLUDING, BY WAY OF ILLUSTRATIVE ONLY, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES (AND DAMAGES FOR LOST PROFITS, BUSINESS INTERRUPTION, OR LOSS OF DATA), WHETHER FORESEEABLE OR NOT, ARISING OUT OF YOUR ACCESS TO, INABILITY TO ACCESS, OR USE OF THE WEBSITE, APPLICATION, OR CONTENT, OR AS A RESULT OF ANY PRODUCTS PURCHASED OR OBTAINED, MESSAGES RECEIVED, OR TRANSACTIONS ENTERED INTO THROUGH THE WEBSITE OR APPLICATION, OR AS A RESULT OF UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA.

      2. NOTWITHSTANDING ANY CONTRARY PROVISION CONTAINED HEREIN, OUR SOLE LIABILITY TO YOU FOR ANY REASON AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE OR CLAIM SHALL BE LIMITED TO THE AMOUNT PAID BY YOU FOR ANY PRODUCTS, INFORMATION, OR SERVICES PURCHASED BY YOU THROUGH OUR WEBSITE OR APPLICATION. EXCEPT AS EXPRESSLY STATED ON THE WEBSITE, ECCO MAKES NO OTHER WARRANTIES IN CONNECTION WITH THE USE OF OR TRANSACTIONS CONDUCTED THROUGH THE WEBSITE OR APPLICATION.

      3. The limitations of liability set forth in this section 9 shall not apply to the extent prohibited by law. Please consult local laws for any such prohibitions.

      4. Compensation

      1. Unless prohibited by applicable law, you agree to indemnify and hold harmless ECCO, its parent companies, subsidiaries, affiliates, officers, directors, and employees from and against any and all losses, expenses, damages, and costs, including reasonable attorneys' fees, arising out of or related to your use of this Website or any content, your violation of these Terms of Use, or the infringement by you, or any other user using your account, of any intellectual property or other rights of any natural or legal person. If you are obligated to indemnify us under this agreement, we may, at our sole discretion, control the defense and disposition of such claims at your sole cost and expense. NOTWITHSTANDING THE FOREGOING, YOU MAY NOT SETTLE, COMPROMISE, OR OTHERWISE DISPOSE OF ANY THIRD-PARTY CLAIM WITHOUT OUR CONSENT.

      2. Applicable law and competent jurisdiction

      1. We provide the services of this Website and the App from our offices within Spain. We do not guarantee that the content of 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 Spain, without giving effect to its conflict of law provisions. A printed version of these terms of use shall 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.

      2. Any dispute or claim arising from or related to these terms of use, your use of the Website or the Application or your purchase of any product from the Website or the Application will be resolved by the competent courts of Spain.

      3. Without prejudice to any other provision of these terms of use, ECCO may initiate legal action to prevent the infringement or misappropriation of intellectual property rights or confidential information.

      4. Alternative dispute resolution methods

      1. The use of alternative dispute resolution methods is voluntary. The following provisions are for informational purposes only and do not constitute any obligation for either you or ECCO.

      2. If we cannot find a satisfactory solution, you can file a complaint with the relevant consumer protection agency, provided the necessary conditions are met. When filing a complaint, please include our email address. legal@ecco.com .

      3. As a consumer, you also have the right to resort to out-of-court procedures if we do not rule in your favor. Therefore, you will have the right to request the intervention of a neutral entity, such as a mediator, a consumer ombudsman, a social organization, etc.

      4. Furthermore, as a consumer, you have the right to resort to arbitration, understood as an alternative mechanism for the out-of-court resolution of disputes.

      5. Remedies in case of breach of these Terms by you

      1. Without limiting any other rights or remedies, if ECCO determines, in its sole discretion, that you have breached any part of these terms of use or have otherwise engaged in inappropriate conduct, ECCO reserves the right, in particular, to: ai) notify you by email that you have breached these terms of use; ii) remove any content provided by you or your agent(s) to the Website or the Application; iii) terminate your access to the Website or the Application; iv) notify or forward content to, or fully cooperate with, law enforcement authorities for further action; or v) take any other action that ECCO deems appropriate.

      2. If your ability to access or use the Website or the App or any other service provided by ECCO is interrupted by us hereunder, then you agree that you will not attempt to re-register or access the Website, the App or any other service provided by ECCO by using a different membership name or otherwise.

      3. Copyright claim

      1. We respect the intellectual property of others and 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 manner that constitutes copyright infringement, you may notify our designated Copyright Agent at the following address:

    ECCO SKO A/S

    To the attention of: Legal Department of the Group

    Industrivej 5

    6261 Bredebro

    Denmark

    or by email to: legal@ecco.com

      1. We recommend that copyright infringement claims be made in writing and include the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the copyright owner; (ii) a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) where the copyrighted work is located or a copy thereof; (iii) identification of the URL or other specific location on our Website or App where the material that you claim infringes your copyright is located; (iv) your address, telephone number, and email address; (v) a statement by you that you have a good faith belief that the use in question is not authorized by the copyright owner, its agent, or the law; and (vi) a statement by you, under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or authorized to act on its behalf.

      2. Minors

      1. Access to and use of the Website or the App are only available to individuals who can enter into legally binding agreements under applicable law. The Website and the App are intended for a general audience and are not intended for use by minors. Minors accessing the Website or the App must obtain permission and assistance from their parents or legal guardians. If you allow a minor under your legal guardianship (a “Minor”) to access the Website or the App, you will be solely responsible for: i) the Minor’s online conduct; ii) supervising the Minor’s access to and use of the Website or the App; and iii) the consequences of any use of the Website or the App by the Minor.

      2. Miscellaneous provisions

      1. In the event that any provision of these terms of use conflicts with any applicable law, rule, regulation or order, or if any provision is deemed invalid by a competent court, such provision shall be deemed to reflect as closely as possible the original intentions of the parties and the remainder of these terms of use shall remain in full force and effect.

      2. The fact that ECCO does not insist upon or demand strict compliance with any provision of the terms of use or does not exercise any right under the terms of use shall not be construed as a waiver or abandonment of our right to enforce or rely upon such provision or right in that or any other circumstance, but they shall remain in full force and effect.

      3. You represent to ECCO that you have the authority to access and use the Website or the App in accordance with these terms of use. These terms of use and any Additional Terms (as identified when posted on the Website or the App) constitute the entire agreement between the parties with respect to their subject matter and supersede all prior agreements and understandings.

      4. Contact

      1. We appreciate your comments and questions. Please contact us at:

    ECCO Panama

    Phone number: +507 6834-4111

    Email: atencionalcliente@pa.ecco.com