Terms of Service

Our website is operated by Esska (Esska Shoes Limited). Throughout our website, the terms “we”, “us” and “our” refer to Esska. Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

By visiting our website, engaging with us, using the online (including websites and mobile applications) and offline Services provided on our website, (“Services”), you agree to be bound by the following terms and conditions (“Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink and/or otherwise notified or published by us. These Terms apply to all users of our website, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content. References to website in these Terms shall include any mobile application.

The Services are intended solely for use by users that reside in the United Kingdom of Great Britain and Northern Ireland (the “U.K.”), and the Republic of Ireland who are 18 or older.

A breach or violation of any of the Terms will result in an immediate termination of your Services. We exclude liability for actions taken in response to breaches of our Terms.

GENERAL CONDITIONS

In addition to these Terms, the following policies apply to your use of the Services:

Our Terms of Sale, which set out the terms that apply to purchases made through our website and Studio.
Our Privacy Policy, which sets out the terms on which we process any personal data we collect from you, or that you provide to us through the Services.
Our Cookie Policy, which sets out information about the cookies on our website.
Our Content Policy and, as applicable Contest Terms.
Our Delivery, Returns and Exchanges, Refunds and Cancellation Policies.

CHANGES

From time to time, we may update our website, Services and these Terms. Any changes are effective immediately when we post them. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Services following the posting of any changes constitutes acceptance of those changes.

We may, in our sole discretion, and at any time, discontinue the Services or any part thereof, with or without notice, or may prevent your use of the Services with or without notice to you. You agree that you do not have any rights in the Services and that we will have no liability to you or any third party for any price change, modification, suspension or discontinuance or your ability to access the Services (including Our Content (defined below) and any content you may have posted) is terminated.

WEBSITE USE

In using our website, you shall not:

(i) use or exploit the Services for any purpose that is illegal, tortious, libellous, defamatory, false, misleading, harassing, abusive, obscene, vulgar, pornographic, intrusive on another's privacy, harmful to the interests of our users, or inappropriate with respect to race, gender, sex, sexual orientation, ethnicity, national origin, age, disability or another intrinsic characteristic;

(ii) upload, post, reproduce, distribute, transmit, transfer, or otherwise use or exploit in any way information, software, or other material protected by any intellectual property, publicity, or privacy right (including our trademarks and trade dress) without first obtaining the permission of the owner of such rights;

(iii) collect or store personal data about other users;

(iv) reproduce, distribute, duplicate, copy, sell, resell, decompile, modify, reverse engineer, disassemble, assign, create derivative works of, impersonate, or otherwise exploit any part of the Services (including any software we make available) for any purpose unless expressly approved by us in writing;

(v) upload, post, email, or otherwise transmit any advertising or promotional materials or any other form of solicitation or unauthorized communication;

(vi) undertake or facilitate any effort to interrupt, modify, limit, interfere with, commercially exploit, or negatively impact the functionality of any Services, nor shall you use or exploit the Services in any way other than as expressly permitted by these Terms;

(vii) remove, alter, obscure, or otherwise render unintelligible any proprietary notices; and

(viii) deploy or utilize any automated method of collecting content from our site, such as robots, crawlers, and scraping mechanisms.

You are responsible for ensuring that your computer system meets all relevant technical specifications necessary to use our website and is compatible with our website.

We cannot and do not guarantee or warrant that any material available for downloading from our website will be free from infection, viruses and/or other code that has contaminating or destructive properties. You are responsible for implementing sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy of data input and output.

USER CONTENT

If you intend to submit any content to us (“User Content”), such submission is governed by our Content Policy.

SOCIAL MEDIA

Any linking to our website must be fair and legal and does not damage our reputation or take advantage of it. You must not suggest any form of association, approval or endorsement on our part without our express written consent.

You may not establish a link from any website that is not owned by you, or cause any of the Services or portions of them to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.

We may disable all or any social media features and any links at any time without notice in our discretion.

PRIVACY

Personal information held by us will be processed in line with our Privacy Policy.

INFORMATION ON OUR WEBSITE

We are not responsible if information made available on our website is not correct, complete, or current, including product pricing, images, information, and availability. The material on our website is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on our website is at your own risk.

We own or license all Services and content contained therein, including but not limited to, text, images, icons, data, software, trademarks, trade dress, and User Content (collectively, “Our Content”), and you may access and use it solely for your own personal, non-commercial shopping and information purposes. Our Content may be protected by copyright, patent, trademark, rights in designs, and other rights, and all rights, titles, and interests are reserved by the respective owners. You may access and use it solely for your own personal, non-commercial shopping and information purposes. Save for as permitted by applicable law, the copying, publishing, broadcasting, modifying, distributing or transmitting any of Our Content in any way without our prior written consent is strictly prohibited.

We may display or allow users to create User Content, or link to or from third party websites and material. We do not monitor, verify, or otherwise endorse User Content or third party websites or material, and hereby disclaim all liability with respect thereto.

User Content and other materials posted on our website are not intended to constitute advice upon which any reliance should be placed. To the fullest extent permitted by law, we disclaim all liability and responsibility arising from any reliance on such materials by any visitor to our website, or by anyone who may be informed of any of its contents.

Our website is provided on an ‘as is’ and ‘as available’ basis and may contain technical inaccuracies, typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We have no obligation to update any information on our website but reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We give no warranties, whether express or implied, in relation to our website, Services, Our Content or any third party content accessed on or through our website, or (except as set out in our Terms of Sale) any transaction that may be conducted on or through our website, including any warranties of (a) non-infringement, security or accuracy or (b) that your use of our website or Services will be uninterrupted, error or defect free.

USER ACCOUNTS

If we require you to create an account or provide personal information, you agree to submit accurate, complete information, and to update it as appropriate. You are solely responsible for the activities and security of your account, and you must notify us if you suspect any unauthorized use at info@esska.co.uk.

We are not liable for any loss you incur as a result of someone else using your password or account, either with or without your knowledge, and are not responsible for any delay in shutting down your account after you have reported a breach of security to us.

You further understand and agree that you have no ownership rights to any account you may have with us, or other access to the Services. We may cancel and terminate or suspend any account at any time without notice. In particular, we reserve the right to suspend your account and any associated accounts and contact you if we notice an unusual pattern of returns activity or there is other suspicious activity associated with your account or any associated accounts. In the event that this happens you will receive an email to notify you of this. We assume no liability for any information removed from our Services, and reserve the right to permanently restrict access to the Services or a user account.

THIRD-PARTY TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through our website is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through our website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms.

THIRD-PARTY LINKS

Certain content, products and services available via our website may include materials from third-parties.

Third-party links on our website may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites.

LIABILITY

Exclusions of liability in these Terms apply to (and in addition to any exclusions in) all related terms and conditions and policies and do not affect your statutory rights as a consumer.

In no case shall we, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of our website, Services or any products procured using the Service, or for any other claim related in any way to your use of our website, Service or any product.

Nothing in these terms and conditions limits or excludes our liability for: (a) death or personal injury caused by our negligence; (b) fraud or fraudulent misrepresentation; or (c) any other liability that may not be excluded or limited under applicable law.

You agree to fully indemnify defend and hold harmless us and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, for all claims, liabilities, damages, losses, and expenses (including legal fees) arising out of any non-compliance with or breach by you of these Terms (and any terms and conditions or policies incorporated by reference), or any other liabilities arising out of your use of our website and/or Services, or the use of our website and/or Services by any other person using your shopping account and/or your personal data and information.

GENERAL

Severability

In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.

Termination

These Terms are effective unless and until terminated by either you or us. You may terminate these Terms at any time by notifying us that you no longer wish to use our Services, or when you cease using our website.

If in our sole judgment you fail, or we suspect that you have failed, to comply with these Terms, we also may terminate this agreement at any time without notice.

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of these Terms.

Entire Agreement

These Terms of Service and any policies or operating rules posted by us on our website or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

No Waiver

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

Law and Jurisdiction

These Terms are governed by the laws of England and Wales. Any dispute which cannot be resolved between us shall be subject to the exclusive jurisdiction of the courts of England and Wales.

Contact Information

Questions about the Terms should be sent to us at info@esska.co.uk.