Deckers Europe Limited On-Line Terms & Conditions of Sale
Please read these terms of sale carefully. You will be asked to expressly agree to these terms of sale before you place an order for products from our website. These terms and conditions of sale (“Terms”) apply the purchase of Deckers branded products (including but not limited to “HOKA®”, “Teva”, “Hoka One One”, and “Sanuk”, on Deckers’ European websites – www.ugg.com/uk, www.ugg.com/fr, www.ugg.com/nl, www.ugg.com/de, www.ugg.com/eu, www.ugg.com/it, www.teva.co.uk, www.teva-eu.com, www.uk.sanuk.com, and www.hokaoneone.eu to the extent such websites are intended for use by consumers located in Europe (hereafter the “Website(s)”).
In these terms of sale, “we” means Deckers Europe Limited (and “us” and “our” will be construed accordingly); and “you” means our customer or potential customer for products (and “your” will be construed accordingly).
(3) Order process
The advertising of products on any of our Websites constitutes an “invitation to treat”; and your order for products constitutes a contractual offer. No contract will come into force between you and us unless and until we accept your order in accordance with the procedure detailed below. All stock is subject to availability and demand and we cannot guarantee that any particular item will be available.
In order to enter into a contract to purchase products from us, you will need to take the following steps:
Orders on the Website are placed as follows:
- a) Find the products you want (including product customisation if applicable)
- b) Add the products you wish to order to the shopping basket
- c) Proceed to checkout
- d) Supply delivery and billing details
- e) Review your order
- f) Submit your order
- g) Receive an email order confirmation
We will not file a copy of these terms of sale specifically in relation to your order. We may update the version of these terms of sale on the Website from time to time, and we do not guarantee that the version you have agreed to will remain accessible. We therefore recommend that you download, print and retain a copy of these terms of sale for your records.
The only language in which we provide these terms of sale on this Website is English.
Before you place your order, you will have the opportunity of identifying whether you have made any input errors by reviewing your details on the review order page. You may correct those input errors before placing your order by clicking ‘edit’ next to the relevant field(s) and amending the details before proceeding to the next page.
We reserve the right to refuse any order for whatever reason. We also reserve the right to cancel any order already accepted by us in the following situations, and other circumstances under which we have determined the order needs to be cancelled, without being liable for any damage or costs:
- a) the item you wish to order is not available (payments received will be refunded);
- b) your billing information is not correct or not verifiable;
- c) your order is flagged up by our security systems as an unusual order or an order susceptible to fraud;
- d) your bank transfer payment is not received within 12 calendar days after acceptance of your order;
- e) we have reason to believe you are under 16;
- f) we have reason to believe that you are a reseller;
- g) there was an error in the price quote (see also section 4 below for further detail);
- h) We could not deliver to the address provided by you.
(4) Price and payment
Prices for products are quoted on the Website. Prices quoted are inclusive of Value Added Tax (VAT). Shipping charges may apply, depending on the country to which your order is being delivered. Details on shipping rates per country can be found via the link within the footer under ‘Delivery’ or ‘Shipping’.
Prices are quoted in Euros with the exception of the UK, where prices are quoted in GBP. If your local currency is different from the currency the prices are quoted in, your bank will apply the exchange rate applicable per the date of purchase. Your bank may apply a different exchange rate, which is beyond our control.
The Website contains a large number of products and it is always possible that some of the prices on the Website may be incorrect. Deckers are not bound by any incorrectly listed price and we reserve the right to reject your order and/or cancel your purchase in the event of such error.
Prices displayed on the Website may be subject to change. We reserve the right to change prices without notice. Other than in the case of pricing errors, the price shown at the moment you place your order is the price applicable.
In addition to the price of the products, you may, dependent upon the country to which your order is shipped, have to pay a delivery charge, which will be as stated when you pay for the product.
Payment must be made upon the submission of your order unless invoicing is an option within your country. We may withhold the products and/or cancel the contract between us if the entire amount due is not received from you in full in cleared funds.
(5) Your warranties
You warrant to us that:
- (a) you are sixteen (16) years old or older, you are legally capable of entering into binding contracts, and you have full authority, power and capacity to agree to these terms of sale;
- (b) the information provided in your order is accurate and complete; and
- (c) you are a consumer, not a reseller
(6) Delivery policy
We deliver products Monday through Friday (except where Saturday delivery is offered). We do not ship or dispatch on public holidays and we will not make deliveries on local public holidays within the destination country. We will arrange for the products to be delivered to the address for delivery indicated in your order.
We will use reasonable endeavours to deliver products on or before the date for delivery set out in our order confirmation email.
(7) Retention of Title
We retain title in the Deckers products until we have received full payment for all such products.
(8) Exchange and returns policy
Our exchange and returns policy can be found within our customer service and help pages
(9) CONSUMERS’ STATUTORY RIGHTS
Any statutory rights which you have, which cannot be excluded or limited, will not be affected by these terms of sale.
In the event of any dispute which you may have in connection with the purchase of products from Deckers, we will endeavor to resolve such dispute with you directly. However, if we are unable to resolve the dispute to your satisfaction, you have the right to pursue Online Dispute Resolution (“ODR”) through the ODR Platform, accessible via the following url: http://ec.europa.eu/odr.
(10) Limitations and exclusions of liability
Deckers shall only be liable for damages suffered by you in the event such damages result from a breach attributable to Deckers of its contractual obligations towards you, or in the event Deckers’ liability follows from applicable statutory law.
In the event you have suffered damages in relation to our activities on the Website, our liability will be limited to:
- a) damage to the Deckers products or to other materials
- b) reasonable and demonstrable costs incurred by you to find out the cause and the amount of the damages under a);
- c) reasonable and demonstrable costs incurred by you to prevent or reduce the damage under a).
The maximum reimbursement of the above damages will (if applicable) be the purchase price of the products concerned.
We shall not be liable for damage incurred by a third party resulting from the use of any of our products. We shall not be liable for damage incurred by you as a result of your improper use of any of our products.
We are not liable for damages as a result of incorrect information on the Websites. In the event you suffer damage as a result of our gross negligence or wilful misconduct, none of the limitations in this article apply.
(11) Contract cancellation
We may cancel a contract to supply products made under these terms of sale immediately by written notice to you if you fail to pay, on time and in full, any amount due to us under the contract, or commit any material breach of your obligations to us under the contract. Upon the cancellation of a contract in accordance with this Section we will cease to have any obligation to deliver products which are undelivered at the date of cancellation;
(12) Scope of these terms of sale
These terms of sale do not constitute or contain any assignment or licence of any intellectual property rights, do not govern the licensing of works (including software and literary works) comprised or stored in products, and do not govern the provision of any services by us or any third party in relation to the products.
(13) Governing Law
These Terms and all disputes arising in connection with them, including the validity thereof, or with the use of the Website(s) or with any purchases on the Websites shall be governed by English law. Any such dispute shall be resolved by the English courts.