What do these Terms and Conditions of Sale (“Conditions”) apply to? To the online sale of our goods (“Products”). These Conditions govern the rules under which we offer, sell and deliver Products purchased through our website https://www.skechers.cz/ (“Website”) to you.
Why should you read them? Please read these Conditions carefully before submitting your order. These Conditions present who we are, how we provide our Products to you, what the process is to order our Products, when and how to pay for the Products, what to do if you have a problem, and contain other important information. By means of these Conditions, we also fulfil our statutory obligations to provide you with information required by applicable and effective laws.
Information relating to us and method of contact
Who are we? We are Skechers S. à. r. l, a company registered in Switzerland. Our company is entered in the Commercial Register of the Canton of Vaud (Switzerland) under the identification number CH-550-1021599-5. The registered office of our company is at Alte Steinhauserstrasse 14,6330 CHAM, Switzerland. Our VAT ID No. is BE 0479009358.
How can you contact us? You can contact us by e-mail at [email protected] and by phone at our customer support +420800050779.
How can we contact you? If we need to contact you, we will do so by telephone or in writing to the email or postal address you have given us in your order.
Where can you find these Conditions? You can find and download these Conditions at https://www.skechers.cz/help-center.html, in the menu under the “Terms and Conditions of Sale”.
The contract between us
To select Products, you must use our Website, i.e. you must mark the Product(s) and add them to your basket. You can place an order with or without a registered account (as a guest).
How do we accept your order? If and when we confirm your order, a contract will be concluded, subject to your acceptance of these Conditions. When placing your order, you will be asked to accept the Conditions on the Website (by clicking on a checkbox to indicate your acceptance before completing your order and making the payment). If you do not agree to the Conditions, we will not be able to accept your order.
By submitting your order, you agree that your order is considered a binding offer to purchase the Product ordered. By submitting your order, you are obliged to pay the price of the Product ordered. We will send you a confirmation of your order by electronic means (e-mail) without undue delay, but no later than forty-eight (48) hours after the order has been placed. The confirmation of receiving your order does not mean that (i) we have accepted your order, (ii) the Products selected are available in stock or (iii) the Products are ready for shipment. For the avoidance of doubt, we are not obliged to accept and process every order; we may choose, at our discretion, not to accept your order.
Acceptance of the order. We accept your order when you receive a second email confirming the order and informing you that your order has been dispatched. Orders are handled from our warehouse in Belgium.
What happens if we cannot accept your order? If we cannot accept your order, we will inform you in writing (electronically via e-mail sent to the e-mail address provided by you). We will not be able to accept your order for reasons such as: The Product is sold out or out of stock; your billing information is incorrect or cannot be verified; we have discovered an error in the price or description of the Product; we are unable to meet the delivery date. If we cannot guarantee delivery and cannot accept your order, we will provide you with full refund of the amount already paid, using the same method you used to pay for your order.
Your order number. We assign an identification number to your order and, when receiving your order, provide the number to you. Whenever you contact us in respect of your order, the providing of your order number will help us respond to your request.
Goods not intended for resale or export. By accepting the Conditions, you represent and warrant that you purchase products via the Website solely for your own personal or household use, and that you do not act in business capacity, i.e., that you do not purchase Products for the purposes of resale or export.
Price and payment
Where can you find the Product price? The Product price (which includes all further costs in addition to the shipping costs, i.e. all applicable taxes, such as VAT, and is an amount in Czech crowns) is the price displayed on the Website when you select the Product, and on the ordering webpage when you place your order. All prices, discounts and promotions published on the Website may be amended without prior notice.
What happens if the price is not correct? We strive to display accurate price information at all times. However, despite all our efforts, some of the Products offered by us may not be priced correctly. For this reason, we reserve the right to correct, at any time, any mistake, inaccuracy or omission and to cancel the orders that may result from such cases. Before accepting an order, we verify the Product price. If the Product price applicable on the day of the order is lower than the price displayed on the day of the order, we will charge the lower amount. If the Product price applicable on the day of the order is higher than the price displayed to you, we will contact you before accepting your order to request your consent to the new price. If we accept and process your order in cases where a mistake in pricing is entirely obvious and you could have reasonably recognised the mistake, we reserve the right to withdraw from the contract and refund all payments that you have made already; we may also request you to return all the Products provided to you.
When and how do you have to pay? Products must be paid for when you order them. We accept payments by MasterCard, Visa and PayPal (before you pay, please ask your provider about the payment terms and the related costs, as any additional fees are beyond our control). By submitting your order, you represent and warrant that (i) the payment card information provided is true, correct and complete, (ii) you are authorised to use the payment card to make the purchase, and (iii) the company issuing your payment card will execute the initiated payment.
Invoicing. Based on the information you provide, we will issue an invoice to you for all the purchases . You can download the invoice from the Website, under the tab where you can also find your order details.
Delivery of the Products
Delivery. We ship the Products ordered from https://www.skechers.cz/ to the territory of the Czech Republic only.
Delivery costs. When you place the order, delivery costs are shown on the Website. The Product price on the Website do not include shipping fees. The shipping costs will be added to the total amount of the goods and will be indicated in the shopping basket and in the e-mail confirming your order.
When will we deliver the Products to you? The Products will be shipped by a courier company that is authorised by us but operates independently (UPS). The courier service will inform you of the date on which the Product will be delivered to you, but no later than 30 days after the conclusion of the purchase contract. The courier service will assign a tracking number to your order, which you can use to check and track the status of your shipment.
We do not assume liability for delays beyond our control. If the delivery of the Products is delayed by events beyond our control, we will contact you as soon as possible to inform you of the events causing the delay and we will take steps necessary to mitigate the impacts of the delay. If we do so, we do not assume any liability for the delay caused by such events; if there is a risk of significant delay, you can contact us, withdraw from the contract, and request the refund of the price of the Products already paid for but not received by you.
What happens if you fail to pick up your shipment? If there is no one at your address to receive the shipment and the shipment cannot be placed in a mailbox, the courier service will inform you of how to reschedule the delivery or how to pick up the shipment at a local depot or courier pick-up point. If you fail to reschedule the delivery after the failure of shipment, or you fail to pick up the shipment at the point of delivery or at the pick-up point, we have the right to withdraw from the contract. If the unclaimed shipment is sent back to us, we will refund the Product price less the costs relating to the returning of the goods (i.e. shipping costs).
Rights in case of delayed delivery. If the delivery of your shipment is delayed, you may exercise your rights under generally applicable laws. If we fail to meet the delivery deadline for any Product ordered by you, you can consider the contract terminated if any of the following conditions applies:
We have refused to deliver the Products ordered;
It was essential to have the Products delivered by the specified date (with all relevant circumstances considered); or
Before we accepted the order, you informed us that the delivery within the specified time was essential.
Risk of damage and ownership of the Products
When do you assume the risk of damage to the ordered Products? You assume the risk for the ordered Product(s) as soon as they are delivered to the address specified by you or as soon as you take the Product(s) from the courier service in its local warehouse or at its pick-up point.
When do you become the owner of the Products? The ownership right to the Products is transferred to you when we receive payment in full from you for the Products ordered.
Returning the Products
Exercising your right to withdraw from the contract. You may return unworn and unused Products within forty-five (45) days from the date of receipt and receive a refund in accordance with the terms and conditions set out below; however, this in no way affects your statutory right to withdraw from the contract within fourteen (14) days of receipt of the Product to the extent provided for under generally applicable laws. You may exercise your right of withdrawal by any unambiguous statement made to us, including, but not limited to, by using thestatement form found on the Website in the “Orders and Refunds” menu or by completing and sending the statement form attached as Annex No. 1 to these Conditions to the following email address [email protected]. The cost of returning the Products is borne by us; you do not have to pay any fee to the courier service. To meet the time limit for withdrawing from the purchase contract, it is sufficient to send the withdrawal before the time limit lapses.
If we find that following the return, the value of the Product has decreased as a result of you handling the goods in a manner other than is necessary to make yourself familiar with the nature, features and functionality of the goods (for example, by wearing and using them), you will be responsible for such decrease in value of the Product and we will be entitled to reduce the purchase price to be refunded accordingly.
Method of return. Please follow the steps set out bellow if – within forty-five (45) days of receiving the Products – you decide to return them for whatever reason. If you want to return the Products, you have to complete a return label. You can find the return label on our Website in the “Orders and refunds” menu.
Steps to return the Products in case of exercising the right of withdrawal:
Step 1
You need a printer to print the return label.
Click on “Orders and Refunds” on the website.
Enter your order number (which can be found in the confirmation e-mail) and the e-mail address you used to submit your order.
Select the Product you wish to return.
Click on the “Return label” link.
Print the return label.
Step 2
You may use the shipping box you received from us or any plain (unmarked) cardboard box to transport the Product to be returned.
If the shipping box already contains a label, sticker or other marking, remove it.
Place the Product in its original packaging or in any plain, unmarked cardboard box and put a return label onto the outside of the shipping box.
Step 3
The assigned courier service (UPS) will send the parcel for return. Drop off the parcel for return at a UPS drop-off point. At www.ups.com you can find the most convenient UPS drop-off location for you or call UPS at +420233003300 to request that your package be collected at the address you provide. Once your returned parcel has been processed, we will send you a confirmation and arrange for reimbursement (refund) of the Product price. We will process the return without undue delay, but no later than fourteen (14) days after the withdrawal from the contract. We will only provide a refund of the Product price upon receipt of the returned parcel or upon you proving that you have shipped the goods, whichever is earlier; we will do so by wire transfer to the bank account specified by you.
Products are not as described, not fit for the intended purpose or fail to meet the agreed features or quality
You are entitled to exercise the right to claim a defect that occurs in the Product within a period of two (2) years, unless otherwise agreed; if you have rightfully claimed the defect, the period under the previous sentence does not include the time for which you cannot use the Product. Our responsibility to you is that at the time of receipt, the Product does not have any defects, and in particular: (i) the Product corresponds to the agreed description, type and quantity, as well as quality and other agreed features; (ii) the Product is suitable for the purpose for which you require it and to which we have agreed; (iii) the Product is delivered with the agreed accessories and instructions for use, including assembly or installation manual.
If, before you enter into a purchase contract, we have not separately advised you that a feature of the Product differs and you do not expressly agree to this, we are furthermore responsible, in addition to the agreed features within the meaning of the article above, that the Product is: (i) fit for the purpose for which goods of that kind are normally used, including with regard to third party rights, laws, technical standards or industry codes of practice, if there are no technical standards; (ii) equivalent in quantity, quality and other features, including durability, functionality, compatibility and safety, to the usual features of goods of the same kind that you can reasonably expect, including with regard to our public statements, in particular advertising or labelling. We are not bound by the public statement referred to in the preceding sentence if we can prove that we were not aware of it or that it was modified at the time of the conclusion of the purchase contract in a manner at least comparable to that in which it had been made or that it could not have affected the purchase decision; (iii) delivered with accessories, including packaging, assembly instructions and other instructions for use that the buyer can reasonably expect; and (iv) meeting the standards of quality or execution of the sample that we provided to you prior to entering into the purchase contract.
If a defect in the Product becomes apparent within one (1) year of receipt, the Product is deemed to have been defective upon receipt, unless the nature of the goods precludes it; this period does not include the time during which you cannot use the Product, provided that you have rightfully claimed the defect.
If the purchase contract, the warranty sheet (terms), the advertisement or the packaging of the goods specify different lengths of the warranty period, the longest of them applies.
You are not entitled to the right to claim defective performance if the defect has been caused by you.
A defect in the Product is not wear and tear caused by the normal use of the Product or, in the case of a used item, wear and tear corresponding to the extent of its previous use.
If the Product has a defect, you may request that it be removed. You may choose to require delivery of a new Product without the defect or to have the Product repaired, unless the chosen method of removing the defect is impossible or, compared to the other method, unreasonably costly for us; this will be assessed in particular by reference to the significance of the defect, the value that the Product would have without the defect and whether the defect can be remedied by the other method without significant inconvenience to us.
We may refuse to remedy a defect if it is impossible or unreasonably costly to do so, particularly in light of the significance of the defect and the value the Product would have without the defect.
We are obliged to remedy the defect within a reasonable time after it has been claimed so as not to cause you any major inconvenience, taking into account the nature of the Product and the purpose for which the Product was purchased.
We will take over the Product at our own expense to remove the defect. If a disassembly of the Product is required, the assembly of which was carried out in accordance with the nature and purpose of the Product before the defect became apparent, we will disassemble the defective Product and assemble a repaired or new Product or reimburse you for the costs associated therewith.
If you do not take over the Product within a reasonable time after we have notified you of the possibility of collecting the Product after repair, we will be entitled to a storage charge at the agreed or customary rate.
You may demand a reasonable discount or withdraw from the contract if (i) we refuse to remedy the defect in accordance with paragraphs 7 and 8 of this clause of the Conditions; (ii) the defect occurs repeatedly; (iii) the defect is a material breach of the contract; or (iv) it is apparent from our statement or the circumstances that the defect will not be remedied within a reasonable time or without substantial inconvenience to you.
The amount of the reasonable discount will be determined as the difference between the value of the Product without defect and the defective Product you received from us.
You may not withdraw from the contract if the defect in the Product is immaterial; in general, however, a defect is deemed to be not immaterial.
If you withdraw from the purchase contract, we will refund the purchase price without undue delay after we receive the Product or after you provide us with proof that you have shipped the Product.
The above provisions set out in this section of these Conditions do not apply to Products if (i) the defect existed at the time of acceptance of the Product and a discount on the purchase price was agreed on the grounds of such a defect; (iii) the defect was caused by you by improper or careless handling of the Product; (iv) the defect was caused by extended or excessive use under other than reasonable conditions appropriate to the Product; (v) the defect was caused by improper handling, storage or maintenance in conflict with our instructions or by other conduct or mechanical damage; or (vi) if the defect was caused by an external event beyond our control.
In some cases, we may ask you to provide a sales receipt, a photograph of the Products to which the claim relates, or to prove your right to make a complaint by other credible means. We will decide on the complaint immediately or within 3 days in more complex cases; the time required for an expert assessment of the defect is not included in this time limit. The complaint, including the removal of the defect, will be settled without undue delay and you will be informed thereof, but no later than thirty (30) days from the date of the complaint, unless we expressly agree on a longer period. After the complaint is resolved, we will issue a confirmation of the date and form of resolving the complaint, including confirmation of the repair and the duration of the repair, or a written justification for the rejection of the complaint.
Please note that if the Product is delivered by parcel service or other carrier, you are obliged to check the integrity of the packaging and adhesive tapes and, in case of doubt as to whether the shipment is defective, you have the right to refuse to accept an incomplete or damaged shipment.
How can you exercise your rights arising from defective performance?
Notify us of defects in the Products. If the Products ordered do not match the description, are not suitable for their use, or do not have the agreed features or quality, and this is discovered by you before the expiry of forty-five (45) days since receipt of the Products, please contact us immediately at our customer service department available at [email protected] or at +420800050779 to receive detailed information in Czech on the steps to be taken (the customer service will generally resolve your request faster than any of our other stores).
Returning the product due to quality defect after 45 days. If you wish to return a product due to a quality defect later than forty-five (45) days after acceptance of the product, please contact our customer service department, which will generally resolve your request more quickly than any of our other stores.
When will we pay the cost of the return? If there is a problem with the quality of the Product, we will reimburse you for any return costs in accordance with these Conditions.
How do we refund your money? If the quality of the Products is confirmed to be defective, we will refund the full price paid for the Products (including shipping costs) using the same payment method as you used to make payment. However, there are items that can be deducted from the price paid.
Deductions from refunds if you exercise your right to withdraw. If you exercise your right of withdrawal from the contract, we may reduce the amount to be refunded (excluding the cost of delivery) if the price of the Product has been reduced by your use or if the cause is due to misuse. If we refund you the price paid before we are able to inspect the Products and we later discover that you have handled them in an unacceptable manner, you must pay us the relevant amount to reflect this loss of value without delay.
When you will be refunded. All money will be refunded to you within fourteen (14) days of the day on which we receive the Products from you.
Our rights relating to the termination of the contract
If you breach the terms of the purchase contract, we are entitled to terminate it. We may withdraw from or terminate the contract if:
you fail to pay us the price when it is due or within fourteen (14) days of receiving our request for payment;
you do not allow us (i.e. our authorised courier service) to deliver the Products to you within fourteen (14) days of sending them to you.
Our liability for loss or damage caused to you
In no event shall we be liable to you or any third party for any consequential or indirect damage, loss of profit or revenue or decrease in value arising out of or in connection with any breach of these Conditions, irrespective of (a) whether such damage was foreseeable, (b) whether we were advised of the possibility of such damage in advance, or (c) whether a claim for damages is legitimate in such a case.
Our liability arising out of any claim made by you will be limited to the actual amount paid for the Products and services you have ordered through our Website.
The following applies to the above limitation of liability: (i) the limitation of liability applies only to the extent permitted by law; and (ii) does not apply to (A) liability arising from our gross negligence or wilful misconduct and (B) damages for injury to a person’s natural rights.
Force majeure. We do not accept responsibility for, and cannot be deemed to have failed to comply with or breached these Conditions if any failure or delay in performing our obligations is caused by or results from circumstances beyond our reasonable control, including, without limitation, force majeure events, flood, fire, earthquake, explosion, governmental measures, war, invasion or hostility (whether or not war has been declared), terrorist threats or acts, riots or other civil unrest, state of emergency, revolution, uprising, epidemic, pandemic, lockout, strike or other labour disputes (whether or not involving our employees), restrictions or delays affecting carriers or inability or delay in procuring adequate or appropriate materials, defects in materials, telecommunications failures or power outages.
No waivers
Our failure to enforce any right or provision under these Conditions does not constitute a waiver of the enforcement of the given right or provision in the future. No waiver of any right or provision shall be effective unless in writing and signed by a duly authorized representative of Skechers.
No third-party beneficiaries
These Conditions do not confer and are not intended to confer any rights or legal remedies to any third party other than you.
Assignment
You may not assign any of your rights or transfer any of your obligations arising out of these Conditions without our prior written consent. Any purported assignment or transfer in breach of this paragraph shall be deemed null and void. Neither assignment nor transfer relieves you of your obligations under these Conditions.
Severability
If any provision of these Conditions is invalid, illegal, ineffective or unenforceable, it will be deemed severable from these Conditions and will not affect the validity or enforceability of the remaining provisions.
Entire agreement
The confirmation of your order, these Conditions, the terms of use of our Website and our Privacy Policy constitute the entire agreement between you and our company regarding all matter affected by these Conditions.
Handling complaints
We will do our best to provide you with impeccable service and process your order as quickly as possible and under excellent conditions. If you nevertheless have any complaint in relation to our Services during the term of these Conditions, please notify us immediately at the following e-mail address [email protected] or by calling our customer service line at +420800050779. Please describe your situation as accurately as possible so we can thoroughly investigate it. We will investigate the complaint and inform you of the outcome as
soon as possible, but no later than thirty (30) days after receipt of the complaint, using the contact details you have provided.
Alternative dispute resolution
Disputes arising out of an executed purchase contract can be resolved either (i) in court or (ii) through alternative dispute resolution (ADR). Alternative dispute resolution is a process where an independent body considers the facts of the relevant dispute and seeks to resolve it without you having to go to court. If you are a consumer, in the event of a dispute arising from a purchase contract concluded with us that cannot be resolved by mutual agreement, you may file a proposal for out-of-court settlement of the dispute with the Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, ID No: 000 20 869, e-mail: [email protected] and website: www.adr.coi.cz.
Please note that an online platform for resolving disputes between consumers and vendors is available at the following address https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=PL. Through this platform, you can take advantage of the possibility of out-of-court complaint resolution and enforcing claims in line with the European Commission's online dispute resolution procedure.
Other important conditions
Which laws apply to this contract? These Conditions are governed by the law of the Czech Republic, in particular Act No. 89/2012 Sb., the Civil Code, as amended, and Act No. 634/1992 Sb., on Consumer Protection, as amended, as well as other laws that apply to contracts between consumers and entrepreneurs. Litigation relating to your orders and the products delivered may be filed with Czech courts. These Conditions are executed in the Czech language.
Possibility of unilateral change. We may amend the wording of these Conditions from time to time. By accepting these Conditions, you acknowledge that the contractual relationship between you (as the purchaser) and us (as the seller) will always be subject to the Conditions applicable at the time of the execution of the purchase contract.
Annex No. 1
WITHDRAWAL FORM TEMPLATE
To: Skechers S. à. r. l.
I, the undersigned, declare that I wish to exercise my right to withdraw from the purchase contract for the Product(s) listed below:
Product:
Date and time of concluding the contract/receiving the Product(s):
Name of the consumer (customer):
Address of the consumer (customer):
Signature of the consumer (customer): (only for declarations made on paper)
Date:
