Published: August ___, 2022
The www.skechers.pl website (the “Site”) is a service of Skechers Poland Sp. z o.o. with its registered office in Warsaw, a wholly owned subsidiary of Skechers U.S.A., Inc. (collectively, “Skechers”). These Terms of Use, along with any other terms and conditions that may appear on the Site from time to time (collectively, “Terms”), set forth the terms and conditions under which you may access and use the Site.
You represent and warrant that you are 18 years of age or older, or are visiting the Site under the supervision of a parent or guardian.
If you have any questions regarding the Site, these Terms or have any other customer service needs, please contact us at:
Skechers Poland Sp. z o.o.
ul. Wybrzeże Gdyńskie 6A
01-531 Warsaw
Poland
008004912064 (Mon-Fri 9:00am to 5:00pm, Central European Time)
E-MAIL ADDRESS: info.pl@skechers.com.
You can also download and save this document as a PDF file.
Provision of rendering electronic services
On this Site we provide electronic services within the meaning of the Act on rendering electronic services. Minimum technical requirements that must be met to work with the data communication system used by Skechers, including entering into a service or conclusion of a purchase contract, are the following:
1. Computer, laptop or other multimedia device with Internet access;
2. Recommended internet browser: recent versions of Chrome, Safari, Firefox, Internet Explorer;
3. Recommended minimum screen resolution: 360x640;
4. Enable cookies and javascript in the web browser;
5. Access to electronic mail (email address) if you wish to have an account on the Skechers online store.
The Site operates to display and sell the products that we present.
Complaints procedure for electronic services
Complaints related to the provision of electronic services can be submitted:
1. in writing to the address:
Skechers Poland Sp. z o.o.
ul. Wybrzeże Gdyńskie 6A
01-531 Warsaw
Poland
2. in electronic form by e-mail to the address: e-mail: info.pl@skechers.com.
In order to expedite the investigation of the complaint, please provide the first and last name, contact details of the complainant and a description of the basis for the complaint. We will inform you about the consideration of the complaint in writing or by e-mail. However, the complaint does not have to contain the aforesaid data in order to be effective.
We will respond to the complaint without undue delay, at the latest within 30 days from the date of filing the complaint, unless the statutory provisions or separate regulations provide for a different deadline.
Copyright
The entire content included in the Site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Skechers. The collective work includes works that are licensed to Skechers Poland, ALL RIGHTS RESERVED. Permission is granted to electronically copy and/or print hard copy portions of the Site for the sole purpose of placing an order with the Site. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the Site solely for your own non-commercial use, or to place an order with the Site or to purchase Skechers products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of the Site is strictly prohibited. You further agree not to change or delete any materials downloaded or printed from the Site and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. Skechers’ status (and that of any identified contributors) as the authors of content on the Site must always be acknowledged. If you print off, copy or download any part of the Site in breach of these terms of use, your right to use the Site will cease immediately and you must destroy any copies of the materials you have made. No right, title, or interest in or to the Site or any content on the Site is transferred to you, and all rights not expressly granted are reserved by Skechers.
Trademarks/Intellectual Property
All trademarks, service marks and trade names of Skechers used in the Site (including but not limited to the Skechers name) are trademarks or registered trademarks licensed exclusively by Skechers SARL. They may not be used without Skechers’ prior written permission. Any other intellectual property on the Site, including but not limited to patents, issued or pending, are the sole property of Skechers SARL and/or its licensors.
Links
Where the Site contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by Skechers of those linked websites or information you may obtain from them. Skechers has no control over the contents of those sites or resources.
Warranty Disclaimer
Please note that Skechers only provides the Site for domestic and private use. You agree not to use the Site for any commercial or business purposes, and Skechers has no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
We will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Site, or the entire Site, to users, including registered users.
Skechers does not exclude or limit liability to you where it would be unlawful to do so.
Viruses, Malware, and Account Security
Skechers does not guarantee that the Site is secure or free from viruses or malware. You are responsible for configuring your information technology to access the Site. You should use your own virus protection and malware protection software. To the fullest extent provided by law, we will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of the site or any services or items obtained through the site or to your downloading of any material posted on it, or on any site linked to it.
Your use of the Site, its content, and any services or items obtained through the Site is at your own risk. The Site, its content, and any services or items obtained through the Site are provided on an “as is” and “as available” basis, without any warranties of any kind, either express or implied, neither the company nor any person associated with the company makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy, or availability of the Site. Without limiting the foregoing, neither the company nor anyone associated with the company represents or warrants that the Site, its content, or any services or items obtained through the Site will be accurate, reliable, error-free, or uninterrupted, that defects will be corrected, that our Site, the server that makes it available are free of viruses or other harmful components, or that the Site or any services or items obtained through the Site will otherwise meet your needs or expectations.
To the fullest extent provided by law, Skechers hereby disclaims all warranties of any kind, whether express or implied, statutory, or otherwise, including but not limited to any warranties of merchantability, non-infringement, and fitness for particular purpose.
The foregoing does not affect any warranties that cannot be excluded or limited under applicable law.
You must not misuse the Site by knowingly introducing material that is malicious or technologically harmful, including viruses, malware, trojans, worms or logic bombs. You must not attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the server on which the Site is stored or any server, computer or database connected to the Site. You must not attack the Site via a denial-of-service attack or a distributed denial-of-service attack.
If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Site or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
Use of Information Submitted
You agree that Skechers is free to use any comments, information or ideas contained in any communication you may send to the Site or submit to the Site without notice, compensation or acknowledgement to you for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products and services and creating, modifying or improving the Site or other products or services. To the degree necessary, you grant Skechers a license to use that content.
To access or use the Site, you may be asked to provide certain registration details or other information. It is a condition of your use of the Site that all the information you provide on the Site is correct, current, and complete.
Participation Disclaimer / Use Restrictions
Skechers does not and cannot review all communications and materials posted to or created by users accessing the Site and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user generated content on the Site, the Site is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any user generated content or activities on the Site. The views expressed by others on our site do not represent our views or values. Skechers has the right but not the obligation to remove communications and materials posted to the Site by users.
You may not post or otherwise distribute content to the Site which Skechers, in its sole discretion, determines to be abusive, harassing, threatening, defamatory, obscene, an impersonation of others, fraudulent, deceptive, misleading, in violation of a copyright, trademark or other intellectual property right of another, invasive of privacy or publicity rights, in violation of any other right of Skechers or another party, illegal, or otherwise objectionable to Skechers. You may not upload commercial content on the Site or use the Site to solicit others to join or become members of any other commercial online service or other organization. You warrant that any post or distribution that you make on the Site complies with the above standards, and you will be liable to Skechers for any losses that result from your violation of these standards. If legally permitted, Skechers may disclose your identity to a third party who is claiming that any content posted or uploaded by you to the Site constitutes a violation of their intellectual property rights, is a breach of confidential information or is defamatory.
Indemnification
You agree to indemnify, defend, and hold harmless Skechers, its officers, directors, employees, agents, licensors and suppliers from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these terms and conditions or any activity related to your Internet account (including negligent or wrongful conduct) by you or any other person accessing the Site using your Internet account.
Skechers has the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Site. You waive and hold harmless Skechers and its affiliates, licensees, and service providers from any claims resulting from any action taken by such parties during, or taken as a consequence of, investigations by either such parties or law enforcement authorities.
Limitation of Liability
To the fullest extent provided by law, in no event will Skechers, its affiliates, or their licensors, service providers, employees, agents, officers, or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, the Site, any websites linked to it, any content on the site or such other websites, including any direct, indirect, special, incidental, consequential, or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract, or otherwise, even if foreseeable.
The forgoing does not affect any liability that cannot be excluded or limited under applicable law.
Termination and effectiveness of termination
You may change the data entered when creating an account at any time using the options available in the account, and you can delete your account at any time, which will terminate the contract for the rendering of electronic services. These Terms of Use apply to you from the moment you access the Site. The provisions relating to the online store, in particular the account, apply to you from the time you enter into a contract for the provision of the Skechers online store service (from the moment you accept the Terms upon registration). Skechers reserves the right to change the Terms with future effect if:
- there are changes in legal provisions, court interpretations of legal provisions, or decisions or recommendations by the competent offices or authorities;
- we make changes in the way we provide the service, in particular for technical or technological reasons (e.g. updating the technical requirements specified in the Terms, changing payment methods);
- we change the scope or manner of providing services to which these Terms apply, such as by introducing new, changing, or withdrawing existing functionalities or services.
If there are any changes to the Terms, we will make the new text of the Terms available by posting them on our website and by notifying you at the email address you provided when you set up your account. Changes to the Terms become effective 14 days from the date we send you information about the changes. You have the right to terminate the contract for the account in writing or by email within 14 days from the time you were informed of the change in Terms, without prejudice to your right to delete the account at any time. In addition, Skechers reserves the right to terminate the electronic services agreement or the license agreement granted under the Terms if:
- any of the circumstances described above under items 1-3 occur, subject to us providing you with 14 days advance notice;
- suspension of the provision of services to which the Terms apply, subject to us providing you with 14 days advance notice;
- if you breach any of the provisions of the Terms, subject to us providing you with 7 days advance notice,
- absence of your activity in our online store for an uninterrupted period of at least 3 years, subject to us providing you with 7 days advance notice.
In such cases, we will inform you of the termination by email, or if we do not have a valid email address for you, in another form that is reasonable for us. The provisions relating to Copyright, Trademarks, Disclaimer, Limitation of Liability, and Indemnification remain valid after and survive the termination.
Waiver and Severability
No waiver by Skechers of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Skechers to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
Governing law and Jurisdiction
These Terms are governed by Polish law and you can bring legal proceedings regarding them in the Polish courts.
Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. The European Online Dispute Resolution (ODR) Platform is accessible here. We are not obliged to use alternative dispute resolution and do not currently submit to it.
