What do these General Terms and Conditions (“Conditions”) apply to?
To our online sales. We offer, sell, and deliver products to you and take products back from you via the www.skechers.hu website (“Site”) in accordance with the provisions of these Conditions.
Why should you read them? Please carefully read these Conditions prior to starting the ordering process. These Conditions present who we are, how we provide you with the product(s), what is the process of ordering the product, when and how you need to make the payment, what to do if any problem arises and you can learn other important information from them. By means of these Conditions, we also fulfil our statutory obligation to provide information.
Information relating to us and method of contact
Who are we? We are Skechers S. à. r. l., a company registered in Switzerland. Our registration number in Switzerland: CH-550-1021599-5, registration authority: Commercial Register of the Canton of Vaud (Switzerland), our tax number: BE 0479009358, our registered seat: Alte Steinhauserstrasse 14,6330 CHAM, Switzerland.
How can you contact us? For us to be able to provide you assistance in Hungarian language, please contact us by e-mail at e-mail address [email protected] or via our phone customer service at phone number +36 1 500 8430.
How do we contact you? If we need to contact you, we will do so via the phone number provided by you or by letter or e-mail sent to the postal address or e-mail address that you provided in your order.
Where can you find these Conditions? You can find these Conditions in a downloadable form under menu item GTC (General Terms and Conditions) on the www.skechers.hu website.
The contract we conclude with you
How will we accept your order? We conclude a contract with you in case of each order; therefore, you have to accept these Conditions on our Site, which is considered as the acceptance and conclusion of the contract by you. (Prior to the finalization of an order and the execution of the payment, you must indicate your acceptance of the Conditions by clicking on a check-box.) You will also be invited to do so on the Site when you place the order. If you do not accept the Conditions, we cannot accept your order.
If you have selected the product or the products, you need to order them on the Site. That is, you need to mark it (them) and place it (them) into your cart. You can place your order with a registered account or without a registered account (as a guest). By placing your order, you accept that your order is considered as an offer to purchase the product(s) that you ordered. Placing of the order gives rise to a payment obligation for you in respect of the product(s) ordered. We will send you a confirmation of the placing of the order without delay, but at the latest within 48 hours from the placing of the order by electronic means (by e-mail). This confirmation does not mean yet that we have accepted your order, the product(s) is (are) on stock and we can send it (them) to you. We are not obliged to accept each order; we may decide at our own discretion not to accept an order.
Acceptance of the order. The order is accepted when you receive the second e-mail confirming the order, in which we inform you that your order has been dispatched. The orders are executed from our warehouse located in Belgium.
Accordingly, a contract is concluded between you and us, which is considered as a contract concluded in writing.
If we cannot accept your order. If we cannot accept your order, we will notify you in writing (by electronic means via an e-mail sent to the e-mail address provided by you). The possible reasons for the rejection of an order are the following: the product is sold out; your billing information is not correct or cannot be verified; we detected a mistake in the price or description of the product; or we cannot keep the shipping deadline provided by you. If we cannot guarantee the performance and cannot accept the order, we will refund in full the amount already paid by you by using the same method as the one used by you to make the payment.
Your order number. We allocate an order number to your order and give you the order number in the confirmation e-mail. You referring to the order number helps us during any kind of administration relating to your order.
Goods not intended for resale or export. By accepting the Conditions, you represent and undertake that you purchase products via the Site as a consumer, solely for your own personal, household purposes, and you do not act within the framework of an economic activity, i.e., that you do not purchase products for the purposes of resale or export.
Price and payment
Where can the product’s price be found? The product’s price (which includes all further costs in addition to the shipping costs, that is, includes all applicable taxes, such as VAT, and is a gross amount expressed in Hungarian forints) is stated on the Site when you select the product, as well as on the ordering sub-page when you place the order. All prices, discounts and promotions published on the Site can be amended without notice; we reserve the right to change them. When you are making the payment, you will see that we make use of the opportunity provided by the law and we apply rounding to five (5) forints pursuant to the applicable rules, irrespective of the payment method you choose.
What happens if the price is stated incorrectly? We strive to display accurate price information on the Site and when you place your order. However, it may happen that despite all our efforts some of the products sold by us are priced incorrectly. We reserve the right to correct any mistake, inaccuracy or omission arising from such cases at any time and to cancel the related orders. Prior to accepting the order, we usually verify the prices. If the product’s 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’s price applicable on the day of the order is higher than the price provided by you, then we will contact you prior to accepting the order. If we accept and process your order, in which the pricing mistake is evident and also ambiguous, and you could have reasonably identified the mistake, we will have the right to terminate the contract and refund you the already paid amount; we may also request you to return the product(s) provided to you.
When and how do you need to make the payment? You need to pay for the product or the products when ordering them. As payment methods, we accept payments by MasterCard or Visa bank cards, and payments by using PayPal. (Please obtain information from the service provider of the payment conditions and the related costs prior to payment, as they are beyond our control.) You represent and assume liability for the fact that (i) the bank card details provided by you are true, correct and complete, (ii) you are duly authorized to use the given bank card for the purchase, (iii) your bank card company will execute the payment initiated by you.
Invoice. We issue an invoice for all purchases based on the information provided by you. You can download the invoice from our Site, on the page where you can also find the details of your order.
Provision of the products
Shipping. We can only ship the products ordered from the www.skechers.hu to the territory of Hungary.
Shipping costs. You can find the itemized shipment costs on our Site when you place the order. The prices of the products displayed on our Site do not include the shipping costs. The shipping costs are added to the price of the product, and they are specified item-by-item on the ordering platform when you place the order, as well as in the e-mail confirming the order.
When will the products be shipped? Shipping is carried out by a courier service company (UPS) assigned by us but operating independently. In the course of the ordering process, the courier service will inform of the date on which the product(s) will be delivered to you. The courier service allocates a tracking number to the order, based on which you can check and track the status of the shipment.
We do not assume liability for delays beyond our control. If the delivery of the product(s) is delayed by an event beyond our control, then we will contact you as soon as possible to inform you of the event causing the delay and we will take the necessary steps to mitigate the impact of the delay. If we contact you and inform you of the event causing the delay, we do not take any further liability for the consequences caused by the event; however, if there is a risk of significant delay, you can contact us to request the cancellation of the contract and the refund of the price of the product(s) already paid for but not received by you.
If you fail to rearrange delivery. If there is no person at the address provided by you to accept the package and the product(s) cannot be delivered through your mailbox, then the courier service will notify you of the manner in which you can reschedule the delivery or receive the product from the local warehouse or at a pick-up point of the courier service. If you fail to rearrange the delivery after the failure of shipment, or you fail to receive the product from the delivery warehouse or at the pick- up point, we will have the right to cancel the contract. If the non-received product is resent to the Belgian warehouse, we will refund the price of the product but not the shipping costs.
Your rights if there is a delay in the shipment of the products. In case of late shipment, you have enforceable rights. If we fail to meet the shipping deadline for any product, you can consider the contract as terminated with immediate effect if any of the following conditions is fulfilled:
(a) we refused to ship the product(s);
(b) shipment within the shipping deadline was essential (considering all relevant circumstances); or
(c) you notified us prior to our accepting your order that shipment within the shipping deadline was essential.
Liability and ownership relating to the products
When will you become liable for the products? You become liable for the product(s) as soon as the courier service assigned by us has shipped the product(s) to the address provided by you or you have received the product(s) from the courier service in its local warehouse or at its pick-up point.
When will you become the owner of the products? You will become the owner of the product as soon as we have received the payment of the full amount.
Return
Exercising your right to change your mind (withdrawal from the contract). You can return non- worn products within forty-five (45) days from receipt without giving reasons, and you may be granted a refund according to the following rules pertaining to refunds. You must confirm the exercise of your right to withdraw in a declaration, which can be made under menu item “Orders and refunds” on the Site or by completing and sending back the model declaration included in Annex No 1 of these Conditions. The costs relating to the return of the products will be borne by us; you do not need to pay any fee to the courier service.
Process of return. If – for any reason – you decide within forty-five (45) days from the receipt of the product to return the product to us, please follow the below steps. Returning the product requires a completed return label. The return label can be found under menu item “Orders and refunds” on our Site.
Steps of return in case of withdrawal:
First step
(a) You need a printer to print the return label
(b) On the Site, click on the option “Orders and refunds”
(c) Enter the order number (which can be found in the confirmation e-mail) and the e-mail address that you used for placing the order
(d) Select the product that you wish to return
(e) Click on the link “return label”
(f) Print the return label
Second step
(a) For the transportation of the return product, you can use the transport box received from Skechers or any simple, unmarked carboard box.
(b) If there is already a label, sticker, or other mark on the transport box, remove it.
(c) Place the product into its original packaging or any simple, unmarked cardboard box, and affix the return label on the outside part of the transport box.
Third step
The assigned courier service (UPS) will carry out the reshipment of the package to be returned. Drop off your package to be returned at a UPS contact point. Find the UPS drop-off point most convenient for you on the www.ups.com website or call UPS at +36 1 877 0000 to request them to take over your package at the address (even home address) provided by you. As soon as the package returned has been processed, we will send you a confirmation and arrange the repayment of the product’s price.
This will be completed without delay, but at the latest within fourteen (14) days from the receipt of the package returned.
Handling of products of a quality other than specified in the product description, fit for their purpose, or of an unsatisfactory quality (defective performance)
The product(s) must have the features specified in the product description, be fit for their intended purpose and be of a satisfactory quality. If the product(s) does not (do not) correspond to the description, the information, and the intended purpose, or it is (they are) of an unsatisfactory quality, then you – at your option – may either exercise your right of warranty for material defects or enforce a product warranty claim in respect of us. The right of warranty for material defects and the product warranty claim due to the same defect cannot be exercised and enforced in parallel at the same time.
In case of warranty for material defects, you can request (i) repair or (ii) replacement, except if the option chosen by you is impossible or would involve disproportionate additional costs for us. If you did not request either repair or replacement, or you were not able to request the same, then you can request the proportionate reduction of the consideration (price of the product) or you may repair the defect or have the defect repaired by a third party at our expense, or – as a last resort – you may withdraw from the contract. You may switch your selected right of warranty for material defects to another, but in that case, you must bear the costs of the change, except if the change was justified and the cause was attributed to us.
In case of warranty for material defects, you are obliged to notify us of the defect without delay after the defect has been discovered, but no later than within two (2) months after discovery. You may not exercise your rights of warranty for material defects beyond a period of two (2) years from the receipt of the product.
In addition to notifying the defect, there are no other conditions for you to enforce your warranty claim for material defects within one (1) year from the receipt of the product if you prove that you purchased the product from us. However, after the expiry of one (1) year from performance, you must also prove that the defect identified by you already existed at the time of performance.
You may enforce your product warranty claim within two years from the date on which the product was placed on the market by the manufacturer. After the expiry of this time limit, you will lose this right.
In case of enforcing a product warranty claim, you must prove the defect of the product.
In case of defective performance, we pay (even advance) the return costs of the product(s) in all cases. After the return of the product(s) and payment of the refund, the contract will be cancelled.
Guarantee. Pursuant to the law, we have a guarantee obligation for sports equipment of a value exceeding ten thousand (10,000) Hungarian forints. We are exempt from our guarantee obligation if we prove that the cause of the defect arose after the performance.
Please, study carefully the information relating to defective performance in the Frequently Asked Questions.
How can you get a refund in case of defective performance?
Notifying the defect. If the product(s) ordered does not (do not) correspond to the products specified in the product description or is (are) not fit for the purpose, or is (are) not of an adequate quality and this fact is revealed later than the forty-fifth (45th) day after receipt of the product(s), please contact our customer service without delay at email address [email protected] or at phone number +36 1 500 8430, where you will receive detailed information regarding the actions to take in Hungarian language.
Return of a product due to a quality defect beyond 45 days. If you wish to return a product due to a quality defect later than forty-five (45) days following the receipt of the product, you can only do so by involving the customer service.
When will we pay the costs of return? If there is a quality problem with the product, we will refund the costs of return.
How will we refund the amount? If the quality defect of the product(s) is confirmed, we will refund the price paid for the product(s), including the shipping costs, by using the same method as the one you used for making the payment. There are, however, items that may be deducted from the price.
Deductions from the refund amount. If you return the product, we may reduce the amount of the refund (except for the shipping costs) if the price of the product has decreased and if the cause is not attributable to improper use. If we refund the price of the product before inspecting the product, but it is revealed during the inspection that the product was used improperly and thus the value of the product has decreased, you will have to reimburse this depreciation without delay, but at the latest within fourteen (14) days from notification.
Timing of the refund. The refund will be completed without delay after the date on which the return product is received, but at the latest within fourteen (14) days.
Our rights relating to the termination of the contract
We may terminate the contract in case of a breach of contract by you. We may terminate the contract on product purchase in writing if:
(a) You fail to make the payment by the due date, and fail to make the payment within fourteen (14) days after we notified you that the payment is due;
(b) You do not enable us (i.e., the courier service assigned by us) to ship the product(s) within fourteen (14) days from the receipt of the product(s).
Our liability for loss or damage incurred by you
We are not liable under any circumstances whatsoever in respect of you and any third party for consequential or indirect damages, lost profit or income, or depreciation arising from, relating to and/or associated with the breach of any of these Conditions, regardless of (a) whether these damages were foreseeable, (b) whether we were informed of the possibility of such damages, or (v) whether the claim for compensation is legally justified.
Our liability under these Conditions and your legal claim is limited to the amount actually paid for the product(s) ordered by you on the Site.
The above limitation of liability: (i) is applicable to the extent permitted by the laws, and (ii) does not apply to (A) liability arising from serious negligence or willful misconduct, and (B) death or bodily injury resulting from our acts or omissions, that is, liability for any breach of contract caused willfully and impairing human life, bodily integrity or health.
Force majeure. We do not assume liability and it cannot be deemed that we failed to comply with or breached these Conditions in case of any defect or delay in our performance according to these Conditions if and to the extent that such defect or delay was caused by acts or circumstances beyond our reasonable control, including – but without limitation – force majeure events, flood, fire, earthquake, explosion, government measures, war, invasion or hostility (regardless of whether or not a war was declared), terrorist threats or acts, riot or any other civil unrest, national state of emergency, revolution, revolt, epidemic, pandemic, lock-outs, strike or other labor disputes (regardless of whether or not they are related to our workforce), restrictions or delays affecting carriers, and the impossibility of or delay in the procurement of adequate or suitable materials; material defects or telecommunications errors 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. The waiver of any right or provision is only valid if in writing and signed by the duly authorized representative of Skechers.
No third-party beneficiaries
These Conditions do not confer and do not intend to confer rights or legal remedies to any third party other than you.
Assignment
Without our prior written consent, you may not assign your rights under these Conditions and your obligations under these Conditions. Any intentional assignment or transfer in breach of this paragraph is deemed to be null and void. No assignment or transfer exempts you from your obligations under these Conditions.
Severability
If any provision of these Conditions is invalid, unlawful, null and void or unenforceable, then the given provision will be deemed to be separated from these Conditions and will not affect the validity or enforceability of the remaining provisions of these Conditions.
Entire agreement
The confirmation of your order, these Conditions, the Terms of Use of our Site and our Privacy Notice shall be deemed as the final and integrated agreement between you and our company in the matter(s) concerned by these Conditions.
Complaint handling
We will do our best to provide an impeccable service to you and to execute your order as quickly as possible, under excellent conditions. If you nevertheless have any complaint during the existence of these Conditions in connection with our service, please notify your complaint without delay at e-mail address [email protected] or via our phone customer service at phone number +36 1 500 8430. Please describe or tell us the situation complained of with as accurately as possible so that we can also get informed of and investigate into the situation. We will investigate into the complaint and notify you of the result as soon as possible but at the latest within thirty (30) days from the receipt of the complaint by using the contact information provided by you.
Alternative dispute settlement
Alternative dispute settlement is a procedure during which an independent body assesses the facts relating to the disputed situation and strives to resolve it without the parties needing to involve the court. The European Online Dispute Settlement Platform is available here. You are also entitled to apply to the Hungarian Arbitration Board (Hungarian alternative dispute settlement forum), whose contact information can be found here. We are not obliged to submit ourselves to the decision of the alternative dispute settlement forum and we are currently not doing so.
Other important conditions
Which laws apply to these Conditions? The matters not regulated in these Conditions shall be governed by Act V of 2013 on the Civil Code, Act CLV of 1997 on Consumer Protection, Act CVIII of 2001 Certain Issues of Electronic Commerce Activities and Information Society Services, Act XLVII of 2008 on the Prohibition of Unfair Commercial Practices against Consumers, and Government Decree 45/2014. (II. 26.), as well as any rule which applies to contracts between consumers and businesses.
Governing law, acting court. These Conditions are governed by the law of Hungary; legal proceedings relating to the product(s) can be initiated before the ordinary Hungarian courts. The language of these Conditions is Hungarian.
