Deckers Europe Limited On-Line Terms & Conditions of Sale

(1) Introduction/Applicability

Please read these terms of sale carefully. You will be asked to expressly agree to these terms of sale before you place an order for products from our website. These terms and conditions of sale (“Terms”) apply the purchase of Deckers branded products (including but not limited to “HOKA®”, “Teva”, “Hoka One One”, and “Sanuk”, on Deckers’ European websites – www.ugg.com/uk, www.ugg.com/fr, www.ugg.com/nl, www.ugg.com/de, www.ugg.com/eu, www.ugg.com/it, www.teva.co.uk, www.teva-eu.com, www.uk.sanuk.com, and www.hokaoneone.eu to the extent such websites are intended for use by consumers located in Europe (hereafter the “Website(s)”).

(2) Interpretation

In these terms of sale, “we” means Deckers Europe Limited (and “us” and “our” will be construed accordingly); and “you” means our customer or potential customer for products (and “your” will be construed accordingly).

(3) Order process

The advertising of products on any of our Websites constitutes an “invitation to treat”; and your order for products constitutes a contractual offer. No contract will come into force between you and us unless and until we accept your order in accordance with the procedure detailed below. All stock is subject to availability and demand and we cannot guarantee that any particular item will be available.

In order to enter into a contract to purchase products from us, you will need to take the following steps:

Orders on the Website are placed as follows:

We will not file a copy of these terms of sale specifically in relation to your order. We may update the version of these terms of sale on the Website from time to time, and we do not guarantee that the version you have agreed to will remain accessible. We therefore recommend that you download, print and retain a copy of these terms of sale for your records.

The only language in which we provide these terms of sale on this Website is English.

Before you place your order, you will have the opportunity of identifying whether you have made any input errors by reviewing your details on the review order page. You may correct those input errors before placing your order by clicking ‘edit’ next to the relevant field(s) and amending the details before proceeding to the next page.

We reserve the right to refuse any order for whatever reason. We also reserve the right to cancel any order already accepted by us in the following situations, and other circumstances under which we have determined the order needs to be cancelled, without being liable for any damage or costs:

(4) Price and payment

Prices for products are quoted on the Website. Prices quoted are inclusive of Value Added Tax (VAT). Shipping charges may apply, depending on the country to which your order is being delivered. Details on shipping rates per country can be found via the link within the footer under ‘Delivery’ or ‘Shipping’.

Prices are quoted in Euros with the exception of the UK, where prices are quoted in GBP. If your local currency is different from the currency the prices are quoted in, your bank will apply the exchange rate applicable per the date of purchase. Your bank may apply a different exchange rate, which is beyond our control.

The Website contains a large number of products and it is always possible that some of the prices on the Website may be incorrect. Deckers are not bound by any incorrectly listed price and we reserve the right to reject your order and/or cancel your purchase in the event of such error.

Prices displayed on the Website may be subject to change. We reserve the right to change prices without notice. Other than in the case of pricing errors, the price shown at the moment you place your order is the price applicable.

In addition to the price of the products, you may, dependent upon the country to which your order is shipped, have to pay a delivery charge, which will be as stated when you pay for the product.

Payment must be made upon the submission of your order unless invoicing is an option within your country. We may withhold the products and/or cancel the contract between us if the entire amount due is not received from you in full in cleared funds.

(5) Your warranties

You warrant to us that:

(6) Delivery policy

We deliver products Monday through Friday (except where Saturday delivery is offered). We do not ship or dispatch on public holidays and we will not make deliveries on local public holidays within the destination country. We will arrange for the products to be delivered to the address for delivery indicated in your order.

We will use reasonable endeavours to deliver products on or before the date for delivery set out in our order confirmation email.

(7) Retention of Title

We retain title in the Deckers products until we have received full payment for all such products.

(8) Exchange and returns policy

Our exchange and returns policy can be found within our customer service and help pages

(9) CONSUMERS’ STATUTORY RIGHTS

Any statutory rights which you have, which cannot be excluded or limited, will not be affected by these terms of sale.
In the event of any dispute which you may have in connection with the purchase of products from Deckers, we will endeavor to resolve such dispute with you directly. However, if we are unable to resolve the dispute to your satisfaction, you have the right to pursue Online Dispute Resolution (“ODR”) through the ODR Platform, accessible via the following url: http://ec.europa.eu/odr.

(10) Limitations and exclusions of liability

Deckers shall only be liable for damages suffered by you in the event such damages result from a breach attributable to Deckers of its contractual obligations towards you, or in the event Deckers’ liability follows from applicable statutory law.

In the event you have suffered damages in relation to our activities on the Website, our liability will be limited to:

The maximum reimbursement of the above damages will (if applicable) be the purchase price of the products concerned.

We shall not be liable for damage incurred by a third party resulting from the use of any of our products. We shall not be liable for damage incurred by you as a result of your improper use of any of our products.

We are not liable for damages as a result of incorrect information on the Websites. In the event you suffer damage as a result of our gross negligence or wilful misconduct, none of the limitations in this article apply.

(11) Contract cancellation

We may cancel a contract to supply products made under these terms of sale immediately by written notice to you if you fail to pay, on time and in full, any amount due to us under the contract, or commit any material breach of your obligations to us under the contract. Upon the cancellation of a contract in accordance with this Section we will cease to have any obligation to deliver products which are undelivered at the date of cancellation;

(12) Scope of these terms of sale

These terms of sale do not constitute or contain any assignment or licence of any intellectual property rights, do not govern the licensing of works (including software and literary works) comprised or stored in products, and do not govern the provision of any services by us or any third party in relation to the products.

(13) Governing Law

These Terms and all disputes arising in connection with them, including the validity thereof, or with the use of the Website(s) or with any purchases on the Websites shall be governed by English law. Any such dispute shall be resolved by the English courts.

(14) 30 Day Challenge

  1. The HOKA 30 Day Challenge is available for all ecommerce customers in the UK, France, Germany, Netherlands, Belgium, Italy and Spain who have purchased HOKA footwear from the 15th of January 2020 onwards. It is not available to customers resident in other countries or who purchase via our international shipping partner Global E.
  2. Products must have been purchased from www.hokaoneone.eu only. Products purchased from authorised HOKA retailers will not be accepted and will be returned to the customer at their cost.
  3. During the 30-day period commencing from the date of delivery of the HOKA products, customers can use the footwear as per their normal levels of usage. If a consumer wishes to return the shoes for any reason they may be returned for a refund of the purchase price paid.
  4. Returns must be received in a hygienic condition for processing with any excessive soiling removed prior to return. Any returns received back in an unacceptable condition will be returned to the customer at their cost or destroyed, with no refund provided.
  5. Used returned product will be disposed of by Deckers in accordance with our recycling and repurposing programs and cannot be re-sent to the customer once received unless returned if they do not comply with the condition requirements set forth above.
  6. The scheme is offered on full price footwear only and is not applicable to apparel, accessories or items purchased at a discounted price.
  7. To return, customers must complete their return form as usual, and select the HOKA Challenge return code. Any returns received after the 30 day window will be processed or returned to the consumer at Deckers’ discretion. Copies of the return form can be obtained from customer service if misplaced.
  8. The HOKA 30 Day Challenge is available for up to 4 pairs over a 12 month period per customer.
  9. The refund will be processed back to the original form of payment.
  10. Exchanges are not available for HOKA 30 day challenge returns.
  11. Deckers reserve the right to refuse a return in the case of any abuse of the scheme.
  12. The HOKA 30 Day Challenge is not applicable to staff discount purchases
  13. The HOKA 30 Day Challenge is not applicable to product purchased from running events at which HOKA products are sold.
  14. Deckers reserves the right to change the terms of the HOKA 30 Day Challenge and its other returns policies at any time.

(15) HOKA ONE ONE Terms and Conditions for the TORRENT 2 Pre-Order

  1. The TORRENT 2 pre-order email (the “Pre-Order Email”) entitles the customer to request to purchase the TORRENT 2 (SKU 1110496 + SKU 1110497) before the product is available to the general public in store and online (the “Pre-Order”).
  2. The Pre-Order right will be available via https://www.hokaoneone.eu/en/ie/torrent-2.html from 7:00 (GMT) on 18th May 2020 until 23:59 (GMT) on 31st May 2020 (the “Pre-Order Period”).
  3. The Pre-Order is only open to UK and EU customers aged 18 years and over who receive the Pre-Order Email during the Pre-Order Period.
  4. Vouchers, offers (and offer codes) or discounts (and discount codes) cannot be applied to a Pre-Order for the TORRENT 2. The Pre-Order Email cannot be exchanged for cash.
  5. Customers will be required to give payment authorisation at the point of placement of the Pre-Order, but payment will not be taken until order dispatch. Customers will receive an email notification once their TORRENT 2 has been dispatched.
  6. All Pre-Order requests are “invitations to treat”, not binding contracts. A Pre-Order will not become a binding order until such time as payment has been taken and the products have been dispatched. All stock is subject to availability and demand. No charge will be made in the event that Deckers is unable to accept and/or process a customer’s Pre-Order of the TORRENT 2.
  7. This Pre-Order is not open to employees of the Deckers, their immediate families and anyone else associated with Deckers.
  8. Any Pre-Order purchases made in accordance with these terms will be made in accordance with the Deckers’ online terms and conditions of sale: https://www.hokaoneone.eu. Deckers reserves the right to refuse any Pre-Order in the event of non-compliance with these terms and conditions.
  9. If you wish to return the product following your Pre-Order purchase, please follow the terms set out in our Returns Policy.
  10. These terms and conditions do not impact your statutory rights – please contact our customer service team if you have any issues or concerns.
  11. Deckers: Deckers UK Ltd and Deckers Europe Limited, both of 130 Shaftesbury Ave, London W1D 5EU.