Welcome to www.esskashoes.com (the "Website"). There are a some rules which our visitors must follow when using our Website, so please read our Terms and Conditions of Use carefully.
This Website is brought to you by Esska Design Ltd, ("Esska" or "we" or "us") and all rights, including copyright, in the content of the Website is owned or controlled by Esska.
Esska and its affiliates provide access to the Website and sells its products to you subject to the Terms and Conditions of Use set out on this page and the Terms and Conditions of Sale which follow.
If you have any comments or queries relating to this Website, please use our Contact Us pages.
1. What do I agree to by entering the Website?
You are invited to use the Website on the basis of the Terms and Conditions of Use set out below.
By entering the Website and using its Features (as defined below) you are deemed to have read and accepted these Terms and Conditions of Use. If you do not accept these Terms and Conditions of Use or any part of them, you should not enter or use the Website. Esska may modify or update these Terms and Conditions of Use from time to time. If you continue to use this Website after any changes, this means you agree to be bound by the modified Terms and Conditions of Use.
2. The Features
The Website may offer the following features to you: purchase of products, competitions, prize draws, newsletters, video clips, downloading of screensavers, desktops and sound files (the "Features").
3. Conditions of Using Features on the Website
You agree to use the Features on the Website in good faith and in the spirit in which they are made available to you. In particular you agree:
not to send or resend any content which is obscene or vulgar, offensive, abusive, harmful, threatening, libellous, defamatory, discriminatory, in breach of confidence, in breach of or invasive of another's privacy, racially or ethically or religiously insulting or otherwise unlawful;
not to use Features on the Website for any purpose which would be considered a criminal offence, or give rise to civil liability or which is or may be damaging to the rights or interests of any user or other third party in any country in the world;
not to post or transmit material on the Website which is technically harmful (e.g. computer viruses, corrupted data, Trojans, worms or any other harmful software or data);
if you or any other party has any issues or concerns with the content of any communications generated via the Website, please contact the Website moderator as soon as possible; and
that all Features will be used entirely at your own risk and Esska accepts no responsibility for any losses or consequences suffered by you or a third party as a result of your use of the Website.
If Esska is informed or has any reason to believe that any of the Features on our Website are being used by a user other than in accordance with these Terms and Conditions of Use, Esska reserves the right to suspend or permanently prevent access by the user to the Features and shall have no liability to the user whatsoever in such event.
4. Sending Us Information
We are happy to receive from you any ideas, suggestions, graphics, pictures or anything else, but do please remember that, by sending us your submission (the "Material") you will be deemed to have granted Esska (and any of its subsidiaries or associated companies) a perpetual, royalty-free, non-exclusive right and licence to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, play, and exercise all copyright and publicity rights with respect to any such work worldwide and/or to incorporate it in other works in any media now known or later developed for the full term of any rights that may exist in the Material.
By submitting your Material to this site, you also warrant that:
you have the right to make it available to Esska;
the Material is not defamatory; and
the Material does not infringe any law or rights or interests of any third party in any country of the world, in particular that the Material does not , plagiarise, or infringe on the rights of third parties including copyright, trade mark, trade secret, privacy, personal, publicity, or proprietary rights.
You agree to indemnify Esska against all legal fees, damages and other expenses that may be incurred by Esska as a result of your breach of the above warranty. You also agree to waive any moral rights in the Material for the purposes of its submission to and publication on the Website and the other purposes specified above.
This means that all stories, comments, suggestions, ideas, graphics or other information sent to us can be used by us as we see fit. This includes using it for promotional, marketing or any other commercial purpose, whether in advertising, or in developing, manufacturing or marketing products. Under no circumstances are you entitled to any payment if we do use your Material for any purpose. So remember, don't send us your Material if you don't want us to use it or the world to know about it.
5. Access to the Website
We will do our utmost to ensure uninterrupted availability of the Website and that transmissions will be without errors. However, due to the nature of the Internet, this cannot be guaranteed. It is your responsibility to evaluate the information and content provided on the Website. Your access to the Website may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services. We will attempt to limit the frequency and duration of any such suspension or restriction.
6. Licence for Website Access
Esska grants you a limited licence to access and make personal non-commercial use of this Website. The licence does not allow you to download, extract or re-utilise (other than page caching) or modify it, or any portion of it, except with express written consent of Esska. This licence expressly prohibits:
- any resale or commercial use of this Website or its contents;
- any collection and use of any product listings, descriptions, or prices;
- any derivative use of this Website or its contents;
- any downloading or copying of account information for the benefit of another merchant; or
- any use of data mining, robots, or similar data gathering and extraction tools.
This Website or any portion of this Website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without Esska's express written consent.
You may not frame or use similar techniques to enclose any trade mark, logo, or other proprietary information (including images, text, page layout, or form) of Esska and its affiliates. You may not use any meta tags or any other "hidden text" utilising Esska or its affiliates' names or trade marks. Any unauthorised use terminates the permission or licence granted by Esska.
You may not use any logo or trade mark which is featured on the Website or other proprietary graphic or trade mark as part of the link without our express written consent.
You may not use this Website, or any of the material appearing on the Website from time to time to further any commercial purpose, including (but not limited to) selling on of any products purchased from the Website to eBay or any other auction site advertising or to promote or encourage traffic to any other website.
Any use of the Website or extracts of the Website other than in accordance with this clause 6 is strictly prohibited.
7. Links To and From Other Websites
The Website may contain links to third party websites and, likewise, third party websites may contain links to the Website. Esska is not responsible for the availability of, or any content or material contained in, or obtained through, any such third party websites, nor does Esska recommend, endorse or accept responsibility for the content of any third party websites. If you decide to access any third party website linked to the Website, you do so entirely at your own risk. Any questions or comments relating to third party websites should be addressed directly to the operator of those third party websites.
You may not include a link to this Website or display any of its contents, in any format, in any other website without Esska's written consent. Such consent, if given, may be withdrawn, without notice, at any time and in this event you must remove the relevant link and/or content within 24 hours.
9. Website Content
Esska makes every effort to ensure that the content of the Website is accurate and up-to-date, but Esska does not offer any warranties (whether express, implied or otherwise) as to the reliability, accuracy or completeness of the information appearing on the Website.
Esska may remove material or Features from the Website at its own discretion, at any time and without notice. The material in the Website may be out of date and Esska makes no commitment to update such material.
10. Intellectual Property Rights
All content and compilation of such content together with all software included on the Website, including without limitation text, graphics, logos, button icons, images and software, is the property of Esska or its subsidiaries, its affiliates or its content suppliers and is protected by UK, European and International laws.
You acknowledge and agree that all copyright, rights in data, databases, trade marks, names, images, logos and other intellectual property rights in the Website content, software and all HTML and other code involved in this Website ("Intellectual Property Rights") shall remain at all times vested in Esska and that these are protected by copyright and other laws and international treaty provisions.
You may not create and/or publish your own database which features substantial (e.g. our prices and product listings) parts of this Website.
You may not, other than in accordance with these Terms and Conditions of Use, modify, copy, distribute, transmit, display, redistribute, transfer, or sell in whole or in part, the Website or any of the Intellectual Property Rights relating thereto, without first obtaining written permission from Esska to do so.
Nothing contained in this Website shall be construed as conferring by implication or otherwise any licence or right to use any of the Intellectual Property Rights displayed or subsisting on or in this Website other than in accordance with these Terms and Conditions.
11. Limitation of Liability
The Internet is by its nature an unreliable medium. Consequently, you accept that this Website is offered on an "as is" and "as available" basis.
While Esska takes all reasonable steps to ensure that the Website is properly functioning at all times, Esska does not warrant that this Website will be uninterrupted, timely, secure or error-free, that defects will be corrected, or that this Website or the server that makes it available are free of software viruses or bugs or other defects.
Esska has no control over, and disclaims all responsibility for, any content you encounter, or events which may occur as a result of your use of the Features and Esska shall not be liable for any damages or other losses of any type whatsoever incurred by you as a result of your use of the Website or the Features.
Esska shall not be liable to you for any loss or damage you suffer as a result of visiting this Website or making use of the Features or information available on the Website. You must take your own precautions (including, but not limited to, installing adequate protective measures to guard against software viruses and ensuring that you retain up-to-date copies of all data) to protect yourself against loss or damage.
Nothing in these Terms and Conditions of Use shall exclude or limit Esska's liability for death or personal injury caused by negligence or fraud or misrepresentation as to a fundamental matter or any liability which cannot be excluded or limited under applicable law.
12. Whole Agreement and Governing Law
Your use of the Website, any purchase by you on the Website of any products and these Terms and Conditions of Use will be governed by and construed in accordance with the laws of England and Wales and will be deemed to have occurred in England.
By accepting these Terms and Conditions of Use and using the Website, you accept that any dispute under these Terms and Conditions of Use or arising out of use of the Website shall be subject to the exclusive jurisdiction of the English courts except that, to the extent you have in any manner violated or threatened to violate Esska's intellectual property rights, Esska may seek injunctive or other appropriate relief in any court in any country in the world, and you consent to exclusive jurisdiction of such courts. By using this Website you hereby submit to the jurisdiction of such courts for such purposes and waive any and all objections to jurisdiction or venue in such courts.
If any of the provisions of these Terms and Conditions of Sale are deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of the remaining conditions.
13. Legal Statement
Esska and the Esska logo are registered trade marks of and used under licence from Daniel Gyves. www.esska.co.uk and www.esskashoes.com are registered domain names of Esska Design Limited.
Registered Office: Studio 20 Europa Studios, Victoria Road, London, NW10 6ND.
Company Registration Number: 5825485
VAT Registration Number: GB 887 84 88 33
Terms and Conditions of Sale
Please carefully read these Terms and Conditions before purchasing any ESSKA products on the Website. By purchasing ESSKA products the Website, you agree to be bound by these Terms and Conditions of Sale.
2. Our Contract
When you place an order to purchase a product from the Website, we will send you an email confirming receipt of your order. Your order represents an offer to us to purchase a product which is accepted by us when we send an email to you confirming that we have accepted the order (the "Order Confirmation Email"). Such acceptance will be complete at the time we send the Order Confirmation Email to you. You are seeking to enter into a contract with Esska when you place an order.
This contract is legally binding when you have placed an order, your order has been accepted by us and we have sent you the Confirmation Email.
Esska will retain the title in the products until full payment has been made by you and has been received by Esska
Esska is unable to provide any warranties in relation to the goods provided over and above its statutory obligation to provide goods of satisfactory quality in accordance with the Sale of Goods Act 1979 as amended by the Sale and Supply of Goods Act 1994.
All correspondace will be made in English.
We will endeavour to deliver all products you have ordered in a timely manner.
All products purchased from the Website are made pursuant to a shipment contract. This means that the risk of loss for such products pass to you upon our delivery to the carrier. If you have received your Order Confirmation Email but your products have not arrived within a timely manner, please contact us and we will do our best to assist. Note that during exceptionally busy periods (e.g. Christmas) or when the weather is particularly inclement please allow additional days before raising a query.
If your order has not been received within realistic timescales as further set out below, in the first instance please check with your local mail delivery office to see that they are not holding your parcel. If they confirm that they do not have your products, please contact us and we will do our best to assist.
You can only return to ESSKA products which have been purchased directly through this Website. If you purchased your ESSKA products at a retail store or from another websites the products must be returned to the original store or site which they were purchased from.
If for any reason you are not happy with your ESSKA products, please follow our returns procedure, so that we can assist you in the exchange or refund of your order. ESSKA reserves the right to reject the return of products which are not returned in accordance with our Returns Procedure. Our Returns Procedure does not affect your statutory rights.
A. Returns or Exchanges
You may return new, unworn or unused products which you wish to exchange or return within fourteen (14) days from the date on which the goods were shipped to you. Where you wish to exchange a product, please note that you will only be able to exchange with a product of the same or less value than the original item you wish to exchange.
Please note: your right to exchange or return products is separate from your statutory right to cancel your order under the Distance Selling Regulations (see below).
a) If you are returning goods for exchange or return, there will be no additional delivery charge.
b) We will not refund the original delivery charge in the case of exchanges or returns.
c) You will not be liable for the delivery costs incurred by us in sending you any products as exchanges.
d) In the case of returns, you will only be refunded the value of the goods ordered.
e) We will only pay the return costs and subsequent re-delivery costs (if applicable) if the return is a result of our error or the goods are faulty.
This Returns Procedure does not affect your statutory right to cancel or any of your other statutory rights.
B. Statutory Right to Cancel
In addition to our Returns or Exchange Procedure, under the Distance Selling Regulations you also have fourteen (14) working days (beginning the day after receipt of the goods) to cancel your purchase order.
a) Where you exercise your statutory right to cancel, we will provide a full refund on the price paid for the goods.
b) Where you fail to return the product(s) in question or you send them at our expense, or if our appointed courier collects the goods from you, we reserve the right to charge you for the direct costs incurred by us in collecting or returning the goods (other than where the goods have been sent to you in error or where such goods are faulty in which case, such costs shall be at our expense).
Where you exercise your right to cancel within 14 (fourteen) working days, you should return the goods to us as soon as reasonably practicable. Please note: if we have provided any services as part of the purchase (e.g. products made to order or gift wrapping) and we have begun to provide these services before you have exercised your right to cancel, we shall not reimburse the costs of such services.
How do I exercise my statutory right to cancel?
In order to exercise your right to cancel, please:
a) Send an email to email@example.com; or
b) Write to us at our address at the end of these terms;
Making it clear in your correspondence that you are giving notice to exercise your statutory right to cancel.
Your email or letter will be deemed to have been received by us on the date you send it (provided it is sent to the correct address and it is sufficiently clear that you are exercising your right to cancel). Please try and keep the confirmation of any letter or email to demonstrate the date when you sent it.
C. Conditions for All Returns, Exchanges or Statutory Right to Cancel
All goods must be returned to us unused, together with all original packaging (please note you have a duty to take reasonable care of returned goods and any refund may be withheld or a charge incurred if you fail to take such care and damage the goods). Please make sure that your return package is packed and sealed securely. Packages must be returned with the freight prepaid. We recommend the use of an insured parcel service, such as Royal Mail Special Delivery or similar.
With your purchase of ESSKA products, you will receive a Returns Form. To return items to us, whether for exchange or return, simply fill out your Returns Form as instructed, include the Returns Form in the package and post it back to us. If you do not have your Returns Form, we will be happy to send you electronic copies for you to print off at home. You can contact us by telephone on +44(0)2088111155+44(0)2088111155. Our lines are open Monday to Friday, 9am to 5pm UK time.
We will refund the cost of the goods (where applicable) to the method of payment used to place your order within thirty (30) days of receipt of your order or of your notice of your statutory right to cancel.
If there are any discrepancies with your order or if your goods are faulty, you must notify us as soon as possible. If you have been shipped the incorrect goods then please do accept our apologies. Please follow the Returns Procedure and on receipt of your order, we will reimburse the cost of returning them to us. Any replacements will be sent to you at no extra cost to yourself.
6. Feedback and Complaints Policy
We welcome any comments about our service, so that we can improve what we are doing. Our aim is to deal with any problems quickly and fairly. If you have reason to complain about our service, please e-mail us stating clearly that you are making a complaint. Alternatively, call us on the number stated on the Website and say that you wish to make a complaint. Our aim is to respond to your complaint within seven (7) working days, either resolving the complaint, or with a timescale for resolution.
7. Pricing and availability
Our prices are inclusive of VAT unless otherwise specified. All item prices are exclusive of delivery charges. A list of our delivery charges can be found in our delivery and returns policy.
We aim to list available products on the Website. Not all products shown are offered for sale.. Beyond what we say on the Website, we cannot be more specific about availability. Please note that shipping dates are estimates only. Unless otherwise stated, dispatch dates are not guaranteed and should not be relied upon. As we process your order, we will inform you by email if any products you order are subsequently found to be unavailable.
Despite our best efforts, a small number of the products on the Website may be mis-priced. If a product's correct price is lower than our stated price, we will charge the lower amount and send you the product. If a product's correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping the products or cancel your order and notify you of such cancellation.
When ordering products from the Website for delivery overseas you may be subject to import duties and taxes, which are levied once the package reaches the specified destination. Any additional charges for customs clearance must be borne by you as we have no control over these charges and cannot predict what they may be. Customs policies vary widely from country to country, so you should contact the local customs office for further information.
Additionally, please note that when ordering from the Website, you are considered the importer of record and must comply with all laws and regulations of the country in which the products are received. Your privacy is important to us and we know that you care about how information about your order is used and shared. We would like our International customers and customers dispatching products internationally to be aware that cross-border deliveries are subject to opening and inspection by customs authorities.
9. Disclaimer and limitation of liability
This Website is provided by ESSKA on an "as is" and "as available" basis. ESSKA makes no representations or warranties of any kind, express or implied, as to the operation of this Website or the information, content, materials, or products included on this Website. It is expressly agreed by you that your use of this Website is at your sole risk.
ESSKA disclaims all warranties, express or implied, including, but not limited to, implied warranties of saleability and fitness for purpose to the fullest extent permissible by applicable law. ESSKA does not warrant that this Website, its servers, or e-mail by us are free of viruses or other harmful components. ESSKA will not be liable for any damages of any kind arising from the use of this Website, including, but not limited to direct, indirect, incidental, punitive, and consequential damages.
Laws of certain countries or states do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.
10. Electronic communications
When you visit the Website or send emails to us, you are communicating with us electronically. We will communicate with you by email or by posting notices on the Website. For contractual purposes, you consent to receive communications from us electronically and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
Any dispute relating in any way to your visit to the Website or to products you purchase through the Website may be submitted to the courts of England and Wales, except that, to the extent you have in any manner violated or threatened to violate ESSKA's intellectual property rights, ESSKA may seek injunctive or other appropriate relief in any court in any country in the world, and you consent to exclusive jurisdiction of such courts.
12. Alteration of Service or Amendments to the Conditions
We reserve the right to make changes to our Website, policies, and these Terms and Conditions of Sale at any time. Your usage of the Website and your orders will be subject to the policies and Terms and Conditions of Sale in force at the time that you use the Website or that you order products from us, unless any change to those policies or these conditions is required to be made by law or government authority (in which case it will apply to orders previously placed by you). If any of the provisions of these Terms and Conditions of Sale are deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of the remaining conditions.
13. Events beyond our reasonable control
ESSKA will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect your statutory rights.
If you breach these Terms and Conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
15. Governing law and jurisdiction
Your use of the Website, any purchase by you on the Website of any products and these conditions will be governed by and construed in accordance with the laws of England and Wales and will be deemed to have occurred in England. You agree, as we do, to submit to the non-exclusive jurisdiction of the English courts.
Your statutory rights are not affected by these Terms and Conditions of Sale.
16. Legal Statement
Esska and the Esska logo are registered trade marks of and used under licence from Daniel Gyves. www.esska.co.uk is a registered domain name of Esska Design Limited.
Registered Office: Studio 20 Europa Studios, Victoria Road, London, NW10 6ND
Company Registration Number: 5825485
VAT Registration Number: GB 887 84 88 33