DATE OF LAST REVISION: 12 JUNE 2018
Deckers Outdoor Corporation, including its global subsidiaries Deckers Consumer Direct Corp, Deckers Asia Pacific Limited, Deckers Asia Pacific Retail Limited, Deckers UK Ltd, Deckers Europe Ltd, Deckers Japan GK, Deckers France SAS, Deckers Benelux BV, Deckers; Deckers (Beijing) Trading Co., Ltd, Deckers Footwear (Shanghai) Co.’ Ltd. (referred to as "we," "us," "our," or "Deckers" below), represent the UGG®, Teva®, Sanuk®, Koolaburra® (excluding Peoples Republic of China), and Hoka ONE ONE® brands for ecommerce. Our business changes constantly, so you should check this website frequently for changes or updates.
We reserve the right to withdraw or amend this website without notice. We will not be liable if, for any reason, this website is unavailable at any time, or for any period of time. From time to time, we may restrict access to some parts of or the entire website. We reserve the right to suspend, restrict, or terminate your access to this website at any time without notice.
BY USING THIS WEBSITE YOU ARE AGREEING TO ARBITRATION OF ANY CLAIMS RELATING TO OR ARISING OUT OF YOUR USE OF THIS WEBSITE. YOU ARE WAIVING IMPORTANT RIGHTS, INCLUDING THE RIGHT TO A JURY TRIAL. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS OF USE OR ANY REVISION YOU MUST IMMEDIATELY STOP USING THIS WEBSITE.
INTELLECTUAL PROPERTY, COPYRIGHT AND TRADEMARKS
All text, graphics, logos, button icons, images, audio clips, videos, software, downloads, and any other content present on this website is the property of Deckers and is subject to various United States and international copyright laws. Copyrights, trademarks or trade dress of Deckers and may not be used without our written permission. Such items include our name and logos, and other graphics, logos, page headers, button icons, scripts, and service names of Deckers products, services, and programs. Your use of the material found on this website is limited to the electronic copying and printing of site pages for personal, non-commercial reasons (e.g., printing an order confirmation page or other purposes related to ordering or shopping for merchandise). Without the explicit written permission of Deckers, any other use of content found on this website (including linking and framing) is strictly prohibited.
POSTING COMMENTS/BLOGS ON OUR WEBSITE
Deckers may provide blogs as a way for you to find out about what is going on with our products and to share comments with us and with other users. We do not pre-screen comments before they go up and therefore are not responsible for their content; however, we will edit or remove material when we feel it is necessary to do so and have been given notice of unsuitable or unlawful content. Posting a comment is simple: no registration with the website is required – just enter your name and a valid email address. Though we encourage you to make use of our blog feature, we do not necessarily endorse content posted by users. We want to make the blog as much yours as possible, but there are some guidelines we ask that you consider when posting a comment.
WHAT TO AVOID:
- Language that could be perceived as offensive, libelous, defamatory, indecent, harmful, harassing, infringing, intimidating, threatening, hateful, abusive, vulgar, obscene, pornographic, profane, sexually explicit, or sexually/racially/culturally/ethnically offensive;
- Personally identifiable information, such as an email address, physical address, IM screen name, or phone number;
- Advertising or commercial content that solicits products or services;
- Junk mail, chain letters, and spam;
- Impersonating information (be yourself);
- False, misleading, inaccurate, fraudulent, or deceptive content;
- Information that is in violation of local, state, federal, or international law;
- Viruses; and
- Content intended to obtain passwords or account/private information from other users.
BY USING THIS WEBSITE, YOU AGREE THAT YOU WILL NOT
- Use the website in any way that may lead to the encouragement, procurement, or carrying out of any criminal activity, or to promote any business, products, or services;
- Use foul, threatening, or offensive language including, without limitation, defamatory, libelous, racist, sexist, ageist, homophobic, or sexually explicit language;
- Distribute illegal, copyright infringing, advertising, indecent, or offensive material, or transfer files that contain viruses, Trojans, or other harmful programs; or
- Use the website for any purpose other than your personal use.
ERRORS AND INACCURACIES
Deckers attempts to be as accurate as possible. However, though it is our priority to provide you with complete, current, and accurate information, our website may contain content that is subject to human and/or technological errors (e.g., typographical errors, inaccuracies, omissions, etc.). This content may include information related to pricing, descriptions, and availability, as well as material that is incomplete or outdated. Deckers does not warrant that product descriptions or other content is accurate, complete, reliable, current, or error-free. If a product is offered by Deckers itself is not as described, your sole remedy is to return it in an unused condition. Deckers reserves the right to correct such information, even after an order has been placed. We may change or update information without prior notice at any time. Consequently, we apologize for any inconvenience that such errors may produce.
UNKNOWN CREDIT CARD CHARGES
Please keep in mind the following for unknown charges:
- A bank has placed an authorization hold for recently canceled or changed orders. When you place an order, Deckers contacts the issuing bank to confirm the validity of the payment method. Your bank reserves the funds until the transaction processes or the authorization expires, but this is not an actual charge. If you cancelled your order, the authorization will be removed from your account according to the policies of your bank. To remove an authorization, contact your bank to clarify how long they hold authorization for online orders.
- An order was placed by a family member, friend, or co-worker with access to your card number.
- Additional cards are associated with the credit or debit account.
- A back-ordered or pre-ordered item shipped.
- A gift order shipped.
- An order was split into multiple shipments or sent to multiple shipping addresses.
- An order was shipped before a failed charge. In this circumstance we will attempt to contact the customer up to two times. After two business days with no response we will attempt to charge the open balance to the card on file.
If your order states delivered but you did not receive it then a claim must be submitted to our company for this issue. We will not refund or replace the item without an open claim with our company. These orders may be subject to a completed investigation with the shipping carrier. No refund or replacement will be issued until the investigation is completed in full. The average time for an investigation is eight business days.
WEBSITE ACCESS AND CONTENTS
Access to this website and its contents may be suspended temporarily and without notice in the case of system failure, necessary maintenance or repair, or for reasons beyond our control. We have made every effort to display the products featured as accurately as possible. However, the colors we use, as well as the display and color capabilities of your particular computer monitor, may greatly affect the colors you actually see on the screen. Deckers cannot be held responsible for any limitations of your monitor and cannot guarantee that your monitor's display of any color, texture, or detail of merchandise will be accurate/the same as the actual product.
Deckers does not sell products for purchase by children; we sell children’s products for purchase by adults. If you are under 18, then please consult your parent or guardian before proceeding to use the website since they will need to place the order on your behalf.
ECOMMERCE RETURNS POLICY AND PROCEDURES
Please see our eCommerce Returns Policy and Procedures which contains important information about the return of products purchased on this website.
You agree to indemnify, defend, and hold harmless Deckers, its officers, directors, employees, agents, licensors and suppliers from and against all claims, losses, liabilities, expenses, damages and costs, including, without limitation, attorneys' fees, arising from or relating in any way to your negligent, wrongful, unauthorized, or malicious use of Content, use of the website, conduct in connection with the Website or with other website users, or any violation of these Terms and Conditions of Use, any law or the rights of any third party.
DISCLAIMER OF LIABILITY
To the extent permitted by law Deckers makes no representations or warranties of any kind, whether expressed or implied, with respect to this website, its content, or the information available on or through it—they are provided “as is” with all faults. To the extent permitted by law, Deckers and our directors, officers, employees, agents, contractors, successors, and assigns of each, will not be liable for any damages arising out of or related to the use of this website or any other site linked to it. This limitation of liability applies to direct, indirect, consequential, special, punitive, or other damages you or others may suffer, along with damages for profits, business interruption, or the loss of data or information, regardless of whether we are notified of the potential for such damages in advance.
Failure of Deckers to take any action if you breach these Terms and Conditions of Use shall not be construed as a continuing waiver or relinquishment of such right to take action. Deckers will still be entitled to use our rights and remedies in any situation where you breach these Terms and Conditions of Use. If any part of these Terms and Conditions of Use is disallowed or found to be ineffective by any court or regulator, the other provisions shall continue to apply.
If you choose to visit our website, you agree that the following laws shall govern the conditions of use and any disputes that may arise between you and Deckers:
- For customers located in the United States: California law shall apply.
- For customers located in Canada: Canadian law shall apply
- For customers located in the United Kingdom: English law shall apply.
- For customers located in Japan: the laws of Japan shall apply.
- For customers located in China: the laws of the PRC shall apply.
- For customers located in Hong Kong: the laws of Hong Kong shall apply.
- For customers located in Italy: Italian law shall apply.
- For customers located in Germany: German law shall apply.
- For customers located in Netherlands: Dutch law shall apply.
- For customers located in France: French law shall apply.
- Special note for all other customers, located outside of Europe, which are not specifically specified above: English law shall apply.
WE WILL DO OUR BEST TO RESOLVE ANY DISPUTES OVER THESE TERMS AND CONDITIONS OF USE. YOU AGREE THAT ANY DISPUTES RELATING IN ANY WAY TO YOUR VISIT OF OUR WEBSITE OR TO THE PRODUCTS PURCHASED ON IT, INCLUDING BUT NOT LIMITED TO ANY DISPUTES RELATED TO PRIVACY, SHALL BE SUBMITTED TO CONFIDENTIAL ARBITRATION IN THE ARBITRATION CENTRES SPECIFIED BELOW. BY AGREEING TO ARBITRATION YOU ARE WAIVING IMPORTANT RIGHTS, INCLUDING BUT NOT LIMITED TO THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO BRING AN ACTION IN A COURT OF LAW OR EQUITY.
FOR CUSTOMERS LOCATED IN THE UNITED STATES: ANY ARBITRATION UNDER THESE TERMS AND CONDITIONS OF USE OR OTHER DECKERS’ POLICIES, SHALL BE CONDUCTED IN THE PREVAILING RULES OF THE AMERICAN ARBITRATION ASSOCIATION. THE ARBITRATOR’S AWARD SHALL BE BINDING AND MAY BE ENTERED AS A JUDGMENT IN ANY COURT OF COMPETENT JURISDICTION. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NOT ARBITRATION WITH RESPECT TO THE WEBSITE OR TO PRODUCTS PURCHASE HERE SHALL BE JOINED TO AN ARBITRATION INVOLVING ANY OTHER PARTY, WHETHER THROUGH CLASS ARBITRATION PROCEEDINGS OR OTHERWISE.
FOR CUSTOMERS LOCATED IN EMEA: ANY ARBITRATION UNDER THESE TERMS AND CONDITIONS OF USE OR OTHER DECKERS’ POLICIES, SHALL BE CONDUCTED PURSUANT TO THE INTERNAL RULES OF THE EUROPEAN COURT OF ARBITRATION. THE ARBITRATOR’S AWARD SHALL BE BINDING AND MAY BE ENTERED AS A JUDGMENT IN ANY COURT OF COMPETENT JURISDICTION. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NOT ARBITRATION WITH RESPECT TO THE WEBSITE OR TO PRODUCTS PURCHASE HERE SHALL BE JOINED TO AN ARBITRATION INVOLVING ANY OTHER PARTY, WHETHER THROUGH CLASS ARBITRATION PROCEEDINGS OR OTHERWISE.
FOR CUSTOMERS LOCATED IN APAC: ANY ARBITRATION UNDER THESE TERMS AND CONDITIONS OF USE OR OTHER DECKERS’ POLICIES, SHALL BE CONDUCTED IN THE PREVAILING RULES OF THE HONG KONG INTERNATIONAL ARBITRATION CENTRE (HKIA) OR THE JAPAN COMMERCIAL ARBITRATION ASSOCIATION. THE ARBITRATOR’S AWARD SHALL BE BINDING AND MAY BE ENTERED AS A JUDGMENT IN ANY COURT OF COMPETENT JURISDICTION. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NOT ARBITRATION WITH RESPECT TO THE WEBSITE OR TO PRODUCTS PURCHASE HERE SHALL BE JOINED TO AN ARBITRATION INVOLVING ANY OTHER PARTY, WHETHER THROUGH CLASS ARBITRATION PROCEEDINGS OR OTHERWISE.
Terms & Conditions for the HOKA ONE ONE / Strava Competition to Win a Pair of Clifton Edge Trainers Prize Draw (the “Prize Draw”)
- a) The Prize Draw is organised and run by Deckers Europe Limited (“Deckers”), who can be contacted at 130 Shaftesbury Avenue, London, United Kingdom, W1D 5EU.
- b) By entering this Prize Draw you agree to these Terms and Conditions (the “Terms”) and any decisions reached by Deckers, which are final and binding in all matters related to this Prize Draw.
- c) The Prize Draw starts at 00:00 on 29th June 2020 (BST) and ends at 23:59 (BST) on 9th August 2020 (the “Prize Draw Period”).
- a) Participants must:
- i. be residents of, with a postal address in, the Netherlands, Belgium, Germany, UK, France, Spain, Poland, Finland, Denmark or Norway; and
- ii. be aged 18 or over.
- b) The Prize Draw is not open to directors, members, partners, employees, agents or consultants of Deckers, any person who directly or indirectly controls or is controlled by Deckers, or any supplier of goods or services in connection with the Prize Draw, or their spouses, life partners, business partners or immediate family members.
- c) By entering the Prize Draw you hereby warrant that all information submitted by you is true, current and complete. Deckers reserves the right to verify the eligibility of all participants and disqualify a participant for submitting false information.
- a) No purchase is necessary to enter the Prize Draw and entry is free.
- b) In order to be eligible to enter the Prize Draw during the Prize Draw Period, participants must either:
- i. For the Individual Challenge: complete one (1) five-kilometre (5k) run per week for four (4) consecutive weeks by 26th July 2020; OR
- ii. For the Team Challenge: complete four (4) five-kilometre (5k) runs as a team with each team member completing one (1) five-kilometre (5k) run each over the course of four (4) consecutive weeks by 26th July 2020. Once the challenge is completed, enter yourself for the Team Challenge Prize Draw, if the three other teammates have also completed the challenge
- (each a “Qualifying Activity”).
- c) After completing your Qualifying Activity, you can enter the Prize Draw by completing the Prize Draw form online at one of the following www.hokaoneone.eu landing pages (the “HOKA Website”), being an “Entry”:
- i. United Kingdom: https://www.hokaoneone.eu/en/gb/strava-x-ekiden.html
- ii. Netherlands (Dutch): https://www.hokaoneone.eu/nl/nl/strava-x-ekiden.html
- iii. Netherlands (English): https://www.hokaoneone.eu/en/nl/strava-x-ekiden.html
- iv. Belgium (Dutch) (English): https://www.hokaoneone.eu/nl/be/strava-x-ekiden.html
- v. Belgium (French): https://www.hokaoneone.eu/fr/be/strava-x-ekiden.html
- vi. Germany (German): https://www.hokaoneone.eu/de/de/strava-x-ekiden.html
- vii. France (French): https://www.hokaoneone.eu/fr/fr/strava-x-ekiden.html
- viii. Spain (Spanish): https://www.hokaoneone.eu/es/es/strava-x-ekiden.html
- ix. Poland (English): https://www.hokaoneone.eu/en/pl/strava-x-ekiden.html
- x. Finland (English): https://www.hokaoneone.eu/en/fi/strava-x-ekiden.html
- xi. Denmark (English): https://www.hokaoneone.eu/en/dk/strava-x-ekiden.html
- xii. Norway (English): https://www.hokaoneone.eu/en/no/strava-x-ekiden.html
- d) Entry forms must be completed before the end of the Prize Draw Period.
- e) Each participant can enter the Prize Draw once (either for the Individual Challenge or for the Team Challenge). Only the first Entry by each participant will be accepted and constitute a valid Entry.
- f) All Entries must be received by Deckers during the Prize Draw Period or they will be void. Deckers will not accept responsibility for:
- i. Prize Draw Entries that are lost, mislaid, damaged or delayed in transit, regardless of cause, including, for example, as a result of any postal failure, equipment failure, technical malfunction, systems, satellite, network, server, computer hardware or software failure of any kind; or
- ii. any change in dates, times or cancellations or other arrangements that may prevent a winner from accepting, taking or using a prize.
- g) On or after 10th August 2020, ten (10) individual winners per country (cumulative total of 100 individuals) and one (1) winning team per country (cumulative total of 10 teams) will be selected by Deckers at random from all valid Entries received, using a random computer-generated process.
- h) The winners will be notified on or after 10th August 2020 via the email address they used to enter the Prize Draw (“Notification”). For team entries, the Notification will be sent to the team captain (as nominated at point of Entry) and the team captain shall be responsible for notifying all members of their team.
- i) The Prize must be claimed in accordance with the instructions in the Notification message, within seven (7) days of the Notification (the “Claim Period”). In order to receive their Prize, the winners will also need to provide Deckers with any further information requested by Deckers, in accordance with the instructions set out in the Notification within this Claim Period. Failure to claim the Prize (including where team captain fails to claim on behalf of their team) in accordance with the instructions in the Notification within the Claim Period will result in the forfeit of the Prize and an alternative winner will be chosen.
- j) The winners will receive the Prize within fourteen (14) working days of the date they provide Deckers with the information requested in the Notification (as set out in clause 3(i)).
- k) The winners may be required to provide Deckers with proof of identification in order to verify compliance with the eligibility requirements for the Prize Draw.
- l) If any winner is found to be ineligible or fails to comply with the Terms, then that winner may, in Deckers’ sole discretion, be disqualified and an alternate winner will be selected. This will also be applied to team entries.
- a) There will be ten (10) individual winners per country (cumulative total of 100 individual winners) and one (1) winning team per country (cumulative total of 10 team winners).
- b) Each individual winner and each of the four members of the winning team will receive a voucher via email for one (1) pair of Clifton Edge trainers (Nimbus Cloud / Lunar Rock) (1110510-NCLR and 1110511-NCLR ) (the “Prize”), which they can redeem on the Hoka Website. For the winning teams, Deckers will send all four vouchers to the team captain and it is the team captain’s sole responsibility to ensure that each team member receives their voucher.
- c) The choice of size of the Prize is subject to availability.
- d) The voucher can only be redeemed on the Hoka Website before 20th September 2020.
- e) Prizes are non-transferable, non-exchangeable, and have a cash value of zero. Prizes are for personal use only and are not for resale. Prizes may be forfeited in the event that Deckers determines that the prize is being misused. Deckers reserves the right to substitute a prize of an equal or greater value in its absolute discretion.
- a) Deckers reserves the right to amend the rules of the Prize Draw, to withdraw the Prize Draw at any time if circumstances beyond its control make this unavoidable, or to cancel the Prize Draw in the event of non-compliance with these Terms.
- b) Deckers will use your personal details to contact you for administrative purposes relating to this Prize Draw.
- c) If you have elected to be added to HOKA ONE ONE’s email database, you will also receive promotional emails with offers, news, products and information. You can unsubscribe at any time.
- e) Each winner’s surname and county will be made available. Each winner will have the right to object to this information being published or to request a reduction in the amount of information being published. Deckers may be required to provide this information to the relevant regulatory authorities.
- f) The decision of Deckers regarding any aspect of the Prize Draw is final and binding and no correspondence will be entered into about it.
- g) Any cancellation or changes will be posted on the relevant Prize Draw landing pages, as set out in clause 3c.
- h) With the exception of liability which cannot be excluded by law, Deckers is not liable for, and you release Deckers from, liabilities relating to any direct or indirect loss or damage which is suffered, as a result of entering the Prize Draw, failing to win, winning, accepting or using a Prize.
- i) This Prize Draw is run by Deckers, it has no affiliation with Strava, and they have no liability whatsoever for the running of this Prize Draw. Any complaint about the Prize Draw should be directed to Deckers and not Strava. If you require any help or have any enquiries relating to these Terms please contact Deckers at the address above.
- j) These terms and conditions shall be governed by English law, and the parties submit to the exclusive jurisdiction of the courts of England and Wales.