Terms of Sale

Sales from this website are made 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.

These Terms of Sale govern the sale our products by us to you through our website or mobile app, as well as our Studio (Esska Studio, Unit 7 Roslin Square, London, W3 8DH). These Terms of Sale supplement, are a part of and in addition to the Terms of Service that apply to your use of our website, mobile app and Services (as defined therein). In addition to these Terms of Sale, the following policies apply to your use of the Services:

  • Our Terms of Service, which set out the terms that apply to using our website.
  • 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.

For the avoidance of doubt, these terms relate to purchases from our website and the Studio, but no other sources selling Esska products.

PRODUCT DESCRIPTIONS

On our website, we have made every effort to display as accurately as possible the colours and images of our products. We cannot guarantee that your computer monitor's display of any colour will be accurate.

The price of any products will be as quoted on our website from time to time, except in cases of obvious error. These prices include VAT and any other applicable sales taxes but exclude delivery costs, which (if any) will be added to your order before your payment is finalised.

Prices can change at any time and without notice but (except in cases of obvious error) changes will not affect orders in respect of which the ordering process is complete.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations.

All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us.

ORDER PROCESS ONLINE

When purchasing from our website, you are required to provide us with your email address when placing an order (or when registering an account with us). We will notify you by email as soon as possible to confirm that we have received your order.

All orders are subject to availability and confirmation of the order price.

Please note that all orders are subject to acceptance by us, and we will confirm acceptance to you by sending you an e-mail confirmation that the product has been dispatched (‘Dispatch Confirmation’). We may choose not to accept your order for any reason and will not be liable to you or to anyone else in those circumstances. The contract between us (‘Contract’) will only be formed when we send you the Dispatch Confirmation.

The Contract will relate only to those products whose dispatch we have confirmed in the Dispatch Confirmation. We will not be obliged to supply any other products which may have been part of your order until the dispatch of such products has been confirmed in a separate Dispatch Confirmation.

PRODUCT AVAILABILITY

Although we do our best to ensure that all material and information published on our website is accurate, all products are subject to availability. If we cannot supply you with the product(s) you ordered, we will not process your order. If you have already paid for the product, we will refund you in full as soon as reasonably possible.

Both on our website and at the Studio, we reserve the right, but are not obligated, to limit the sales of our products to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products that we offer. We reserve the right to discontinue any product at any time. Notwithstanding this, and more generally, we reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address, as well as in the Studio.

In the event that we make a change to or cancel an order, we will attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.

Any offer for any product or service made on our website is void where prohibited.

BILLING AND ACCOUNT INFORMATION for ONLINE PURCHASES

In respect of purchases from our website, you agree to provide current, complete and accurate purchase and account information for all purchases made on our website. If necessary, you agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

During the checkout process, you will be asked to complete your payment details. All fields shown as compulsory must be completed. Please note that we will collect and store your information using an encrypted secure payment mechanism and will only use it in accordance with our Privacy Policy.

We will take all reasonable care to keep the details of your order and payment secure, but in the absence of negligence by us, we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from our website.

PURCHASES AND PAYMENT

To make purchases on our website, you must be at least 18 years old.

Both on our website and at the Studio, you can pay by ShopPay, MasterCard, Visa Credit, Visa Debit, Visa Electron, JCB, PayPal, Klarna, Google Pay and Apple Pay. In placing your order with a credit or debit card or by PayPal or Apple Pay you confirm that the card/payment method being used is yours and/or you are authorised to use it and that there are sufficient funds or credit facilities to cover the cost of any products. We may obtain validation of your credit or debit card details or payment method details before providing you with any products. All customers are subject to validation checks and authorisation by the card issuer/payment provider.

If the issuer of your payment method refuses to authorise payment, we will not accept your order or be under any obligation to deliver the relevant products. We will not be obliged to inform you of the reason for the refusal, and we will not be liable for non-delivery of the products ordered.

We are not responsible for your card issuer, bank or payment provider charging you as a result of our processing of your credit/debit card/payment method in accordance with your order.

In respect of purchases online:

  1. your credit/debit card or payment method will be charged when we dispatch your order from our warehouse; and
  2. if your payment is not received and you have already received the products you ordered from us, you must pay for the products or return those products to us in accordance with reasonable return instructions that we provide to you and in the same condition that you received them at your own expense. If you do not do this within 30 days of the date on which we cancel your order, we may collect (or arrange for collection) the products at your expense. We reserve the right to charge you for any and all damage to any products that are the subject of an unpaid order.

Klarna - Klarna's Pay in 3/pay in 30 days are an unregulated credit agreements. Borrowing more than you can afford or paying late may negatively impact your financial status and ability to obtain credit. 18+, UK residents only. Subject to status. Ts&Cs and late fees apply.

OUR RIGHT TO CANCEL ORDERS

Very occasionally we may need to cancel an order at our discretion. If this becomes necessary, it will be without charge to you.

Both online and in our Studio, we also operate a fair use policy/limit on the number of items a single customer can purchase in one transaction. This limit is set at 5 items per order. We reserve the right to amend limits without notice.

Our website and Studio are intended for use by consumers and we reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

We may cancel or amend orders that do not meet these criteria.

IMPORT DUTY

If you order products from our website for delivery outside the UK, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order. We use a third party to provide to you a price based on delivery location that includes these duties and taxes. On rare occasion, it may be possible that additional charges may be levied on your order. We do not have control over this and will not be liable for these.

Please also note that you must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable for any breach by you of any such laws.

OUR PRODUCTS

We warrant to you that any product purchased from us through our website or in the Studio is of satisfactory quality and reasonably fit for all the purposes for which products of that kind are commonly supplied. To the fullest extent permissible under applicable law, we disclaim any and all other warranties of any kind, whether express or implied, in relation to the products. This does not affect your legal rights as a consumer, nor does it affect any right to cancel.

We will not be responsible for any losses you suffer as a result of us breaching these terms and conditions that were not reasonably foreseeable to both you and us when you commenced using our website, or when the contract for the sale of products by us to you was formed. However, to the extent allowed by law, where any claim relates to the supply of products by us to you, our liability for losses you suffer is limited to the purchase price of the product you purchased.

To the fullest extent permissible by applicable laws, we are not responsible for indirect losses which happen as a side effect of the main loss or damage and even if such losses result from a deliberate breach of these terms and conditions by us that would entitle you to terminate the contract between us, including but not limited to:

(a) loss of income or revenue

(b) loss of business

(c) loss of profits or contracts

(d) loss of anticipated savings

(e) loss of data

(f) loss of data, or

(g) waste of management or office time however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

This does not include or limit in any way our liability for any matter for which it would be illegal for us to exclude, including for death or personal injury caused by our negligence, or for fraud or fraudulent misrepresentation.

INTRODUCTORY AND DISCOUNT CODES

We may from time to time offer promotional discount codes (either directly or via third parties) which will apply to specified purchases made though our website. Unless otherwise expressly stated:

  1. Codes may only be applied to purchases of full-price items, minimum purchase of £80 and cannot be used in conjunction with any other offer or discounts.
  2. Only one discount code may be used per order.
  3. Codes may not be used against delivery prices or gift vouchers.
  4. Codes are limited to one user/use per household or residential address.
  5. Where an introductory offer is provided, this applies to the first order only and may not be stacked or re-used.

Codes must be correctly entered at the checkout to be valid. We reserve the right to withdraw any offer/code at any time.

LAW AND JURISDICTION

These Terms of Sale 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.