What these terms cover. These are the terms and conditions on which we offer, sell and supply products to you (“Terms”) through the www.skechers.pl website (“Site”).
Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, what to do if there is a problem and other important information.
You can also download and save this document as a PDF file.
Information about us and how to contact us
Who we are. We are Skechers Poland Sp. z o.o. a company registered in Poland. Our company registration number is KRS 0000624841 and our registered office is at ul. Wybrzeże Gdyńskie 6A
01-531 Warsaw Poland. Our NIP number is 525 266 39 61. Our BDO number is 000099964.
How to contact us. You can contact us by email at info.pl@skechers.com, telephoning our customer service team at 008004912064 or by writing to us at Skechers Poland Sp. z o.o., ul. Wybrzeże Gdyńskie 6A, 01-531 Warsaw.
How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
Our contract with you
How we will accept your order. You agree that your order is an offer to buy, under these Terms, all products and services listed in your order. All orders must be accepted by us or we will not be obligated to sell the products or services to you. We may choose not to accept orders at our sole discretion. Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.
If we cannot accept your order. If we are unable to accept your order, we will inform you of this, not later than within 3 (three) days of placing the order, in writing or via e-mail and will not charge you for the product. Examples of reasons why we may be unable to accept your order are because: the product is out of stock; your billing information is not correct or verifiable; we have identified an error in the price or description of the product; or we are unable to meet a delivery deadline you have specified.
Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
Goods Not for Resale or Export. You represent and warrant that you are buying products or services from the Site for your own personal or household use only, and not in the course of a business or professional activity (e.g. for resale or export).
Price and payment
Where to find the price for the product. The price of the product (which includes applicable taxes such as VAT) will be the price indicated on the order pages when you placed your order. All prices, discounts, and promotions posted on this Site are subject to change without notice.
What happens if we got the price wrong. We strive to display accurate price information. However, it is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences. We will normally check prices before accepting your order so that, where the product's correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product's correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may contact you immediately to solve this issue and agree with you on further steps and new conditions for your order.
Immediately after new conditions of the order have been agreed with you, we issue a revised invoice.
If a revised invoice, which may also document the acceptance of returned goods by Skechers Poland sp. z o.o., is issued within 7 days of contract termination, this has the same effect as informing you that the contract is terminated. If the contract is terminated, we assume that the conditions for reducing the VAT taxable base were met on the date on which the business relations ended, that is, when Skechers Poland sp. z o.o. issued a revised invoice.
When you must pay and how you must pay. You must pay for the products before we dispatch them. We accept payment with MasterCard, Visa, American Express and PayPal and depending on the payment method selected, you may be redirected to the pages of an external payment service provider for payment. You represent and warrant that (i) the credit card information you supply to us is true, correct and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted on the Site at the time of your order.
Providing the products
Delivery Exclusions. Skechers Poland Sp. z o.o. only delivers to Poland.
Delivery costs. The costs of delivery will be as displayed to you on our website. Posted prices do not include charges for shipping and handling. All such charges will be added to your merchandise total, and will be itemized in your shopping cart and in your order confirmation email.
When we will provide the products. During the order process we will let you know when we will provide the products to you.
Delays in delivery of products
If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
If you do not re-arrange delivery. If no one is available at your address to take delivery and the products cannot be posted through your letterbox, we will leave you a note informing you of how to rearrange delivery or collect the products from a local depot. If, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot, we may end the contract.
Your legal rights if we deliver products late. You have legal rights if we deliver any products late. If we miss the delivery deadline for any products then you may treat the contract as at an end straight away if any of the following apply:
we have refused to deliver the products;
delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or
you told us before we accepted your order that delivery within the delivery deadline was essential.
Declaration of acceptance of invoices issued and transmitted in electronic form
By accepting these Terms and Conditions of Sale, you agree to the issuing and provision of invoices and revised invoices in electronic form by Skechers Poland sp. z o.o., based on the Value Added Tax Act. You also agree to accept paper invoices if invoices cannot be provided to you by electronic means due to technical or formal obstacles.
Responsibility and ownership of the products
When you become responsible for the products. The products will be your responsibility from the time we deliver the products to the address you gave us.
When you own the products. You own the products once we have received payment in full.
Returns
Statutory right of withdrawal
You have the right to withdraw from the purchase contract within 14 days without giving any reason. The deadline for withdrawal is 14 days from the day on which you or a third party named by you who is not the carrier of the goods, receive the goods or – in the case of a purchase contract for several goods that you have ordered as part of a single order and are delivered separately – have or received the last of the goods.
In order to exercise your right of withdrawal, you must inform us:
Skechers Poland Sp. z o.o.,
ul. Wybrzeże Gdyńskie 6A, 01-531 Warsaw.
Email: info.pl@skechers.com
Telephone: 008004912064
by means of a clear statement (e.g. a letter sent by post, e-mail or directly through the Site) of your decision to withdraw from this sales contract.
To meet the withdrawal deadline, it is sufficient for you to send the communication regarding your exercise of the right of withdrawal before the withdrawal period has expired.
SAMPLE WITHDRAWAL FORM AND WITHDRAWAL INSTRUCTIONS ARE HERE
Consequences of withdrawal
If you withdraw the purchase contract, we will return to you all payments we have received from you, including delivery costs, except for the additional costs resulting from your choosing another delivery method that is not the least expensive standard delivery offered by us. We will return these payments to you immediately and at the latest within 14 days from the day on which we received the notification of your withdrawal of the contract. For this repayment, we will use the same means of payment that you used in the original transaction, unless we expressly agreed to another repayment method with you; under no circumstances will you be charged fees for this repayment.
We may postpone repayment until we receive the goods back or until you present proof that you have returned the goods, whichever comes first. In such a case, it is hereby agreed that Skechers Poland sp. z o.o. will issue a revised invoice either after the goods are accepted at the warehouse of Skechers Poland sp. z o.o. or after we receive proof that the goods have been returned, whichever comes first. Skechers Poland sp. z o.o. will assume that the conditions for reducing the VAT taxable base have been met upon determining that the goods have been accepted at the warehouse or upon being provided with proof confirming the return of the goods, whichever comes first.
You must return the goods to us, Skechers Poland Sp. z o.o., ul. Wybrzeże Gdyńskie 6A, 01-531 Warsaw. The deadline is met if you send back the goods before the period of fourteen days has expired. We cover the costs for return shipping.
You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
Additional right to return the goods
Exercising your right to change your mind. You may return unworn goods within ninety (90) days from the date of receipt of the products and get a refund in accordance with the instructions on obtaining a refund below. We will pay for the costs of returning the products in accordance with our returns policy.
How to obtain a refund
Complete the form. To obtain a refund if your products are unworn, please complete the return form available when you login in to your skechers.com account or available (after shipping) via the order status link on the homepage of skechers.com and send it to the address on the form.
Return products. If you have taken delivery of the products in relation to which you are seeking a refund, download and print the return form and fill in your information. Use the shipping label to return the item or items to us for refund.
When we will pay the costs of return. We will pay the costs of return of all products in accordance with our returns policy.
How we will refund you. If you comply with the instructions above, we will refund you the price you paid for the products including the cost of delivery of the product to you, by the method you used for payment. However, we may make deductions from the price, as described below.
Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind we may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the products, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the products and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
When your refund will be made. We will make any refunds due to you within fourteen (14) days from the day on which we receive the products back from you.
If the right of return of goods or the statutory right of withdrawal is exercised effectively, you will withdraw from the contract and return the goods. In such a case, it is agreed that upon acceptance of the goods at the warehouse of Skechers Poland sp. z o.o. or upon provision of proof by you that you have returned the goods to us, whichever is earlier, Skechers Poland sp. z o.o. shall issue a revised invoice. Skechers Poland sp. z o.o. shall consider that the conditions for a reduction of the VAT taxable base have been met at the time it is established that the goods have been accepted into stock or when you provide evidence that you have returned the goods to us, whichever occurs first.
Warranty claims
The products will be delivered by us without non-conformity.
Skechers is liable for physical non-conformity to the extent required by the applicable statutory provisions of the Polish Civil Code. The warranty claim applies to physical non-conformity that existed in the product at the time of delivery, or if the non-conformity is due to a cause that already existed in the item at the time of delivery. The warranty claim does not apply to damage that occurs as a result of improper handling and use of the products. Within the warranty claims, you can request exchanging the non-conformed product for a thing free from non-conformity or removing the non-conformity, as well as a reduction in price or withdraw from the sales contract.
To report a non-conformity, please fill out the form when you login in to your skechers.com account or available (after shipping) via the order status link on the homepage of skechers.com and send it to the address provided on the form. You can also inform us of the material non-conformity by e-mail, telephone or in writing. Please use the contact details given above.
It is usually advisable to deliver the product to us together with the complaint so that we can examine the product. You will receive details about the options for making the product available to us free of charge in connection with the complaint after the physical non-conformity has been reported.
If you have requested replacement of the products, removal of non-conformity, or a price reduction statement specifying the amount by which the price is to be reduced and we fail to respond to that request within 14 days of receipt have reacted, it will be assumed that the request is justified.
If the complaint is justified, we acknowledge that the conditions for reducing the VAT base are fulfilled on the day the complaint is accepted, i.e. when we issue the revised invoice.
This warranty applies only if you report the non-conformity to us within two years of the date the product was delivered to you. The entitlement to the elimination of non-conformities or the replacement of the product with a product free of non-conformities lapses after one year from the moment the non-conformity was discovered. But the limitations period will not end before the two-year period from the date the product was delivered to you has expired.
Our rights to end the contract
We may end the contract if you break it. We may end the purchase contract for a product by writing to you if:
you do not make any payment to us when it is due and you still do not make payment within fourteen (14) days of us reminding you that payment is due;
you do not, within a reasonable time, allow us to deliver the products to you.
Our responsibility for loss or damage suffered by you
In no event shall we be liable to you or any third party for consequential, indirect, incidental, special, exemplary, punitive or enhanced damages, lost profits or revenues or diminution in value, arising out of, or relating to, and/or in connection with any breach of these terms, regardless of (a) whether such damages were foreseeable, (b) whether or not we were advised of the possibility of such damages and (c) the legal or equitable theory (contract, tort or otherwise) upon which the claim is based.
Our sole and entire maximum liability, for any reason, and your sole and exclusive remedy for any cause whatsoever, shall be limited to the actual damage suffered by you.
The limitation of liability set forth above shall: (i) only apply to the extent permitted by law and (ii) not apply to (A) liability resulting from our gross negligence or willful misconduct or (B) death or bodily injury resulting from our acts or omissions or (C) liability for a dangerous product.
Force Majeure. We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, pandemic, restrictions due to pandemics or epidemics, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
No Waivers
The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of Skechers.
No Third-Party Beneficiaries
These Terms do not and are not intended to confer any rights or remedies upon any person other than you.
Assignment
You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this paragraph is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.
Severability
If any provision of these Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.
Entire Agreement
Our order confirmation, these Terms, our Site’s Terms of Use, and our Privacy Policy will be deemed the final and integrated agreement between you and us on the matters contained in these Terms.
Alternative dispute resolution
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.
Changes to these Terms
We may change these Terms at any time. Those changes will apply to future sales. However, these changes do not apply to purchase contracts that have already been concluded, unless we are obliged by law or by a decision of a public or municipal authority to change these Terms retrospectively. Notwithstanding any changes, the mandatory legal provisions always apply.
Other important terms
Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by Polish law and you can bring legal proceedings related to the products in the Polish courts.
SAMPLE WITHDRAWAL FORM AND WITHDRAWAL INSTRUCTIONS
To: Skechers Poland Sp. z o.o. ul. Wybrzeże Gdyńskie 6A 01-531 Warszawa Poland |
|
Tel: _______, e-mail: _______ |
|
Consumer's first and last name: ________________________ |
|
Consumer's address: ________________________ |
|
Withdrawal
I hereby withdraw from the contract concluded by me / us* with Skechers Poland sp. z o.o. for the purchase of the following goods / provision of the following services*: ________________________.
|
|
________________________ |
|
Date and signature of consumer (only in case of ordinary written form)
|
|
(*) Delete as appropriate |