Terms and Conditions for ECCO’s membership program – ECCO Club

1. Introduction

1.1. Welcome to ECCO Club, the membership program (hereinafter the “Membership”) of ECCO Sales Limited with its registered address at 445 Oxford Street, London, England, W1C 2PP registered with the Companies House and company number 07317197 ( hereinafter “ECCO”). The United Kingdom (except the Hebrides, The Isle of Man, The Isles of Scilly, The Shetland Islands or the Channel Islands as we do not deliver hereto), shall be the territory relevant for the Membership (hereinafter the “Territory”). By signing up to the Membership you agree to be bound by these Terms and Conditions for ECCO’s membership program (“Terms and Conditions”).

2. Eligibility

2.1. Participation in the Membership is limited to individuals acting in their personal capacity with a valid email account. Further to participate, you must be considered an adult by local legislation in the Territory. By signing up, you confirm that you fulfill these eligibility criteria. ECCO reserves the right to request written confirmation of your fulfillment of these eligibility criteria but shall not be obliged to do so.

2.2. Companies, foundations, associations or other entities, or others making bulk or commercial purchases are not eligible for participation.

3. Enrollment and participation requirements

3.1. If you meet the above eligibility criteria, you may sign up by filling in the registration form at , through the ECCO website or in ECCO’s retail stores. Enrollment is not conditioned on making a purchase.

3.2. Only one account is allowed per person. Your participation in the Membership is personal and non-transferable. The Membership may not be used for reselling or making profit. It is your responsibility and a condition for participation that you keep your email address and contact details up to date. Also, you must use your best efforts to keep you email address and password secure and private and you are responsible for all activity conducted through your account.

4. How the Membership works

4.1. Earning points: The Membership is our way of thanking and rewarding our loyal customers for purchasing and/or taking part in other Membership related activities. You may earn points in the following ways:

4.1.1. Earning points through purchases: Any and all purchases (except purchases of gift cards and excluding sales tax, state fees, shipping and delivery charges and/or other excluded charges specified by ECCO from time to time) of ECCO products made within the Territory either online through website at https://gb.ecco.com/en-GB or offline through one of our owned and operated retail stores and outlets (ECCO wholesale partners are excluded) will be considered a purchase qualifying for earning points. You may find a list of stores here (for the avoidance of doubt please note that the list may include excluded wholesale partners and outlets). For your online purchase to qualify you must be enrolled in the Membership and be signed into your online Membership account at the time of the purchase. All points earned for online purchases are pending until your order is shipped. For your offline purchase to qualify you must inform store staff about your enrollment and provide them with your account information (name and email address, or scan your membership barcode) for the store staff to properly register your purchase. Only purchases made within the Territory will qualify, meaning that unfortunately we are not able to accept any purchases made by you during travels to other countries under this Membership.

4.1.2. Points overview: Please refer to the following overview to see how points are being calculated based on purchase price:

[1 point = 1 Pound]

For everyPound spent, a member earns 1 point towards their membership account.

The Membership is provided on an “as is” and “as available” basis. ECCO may in its sole discretion from time-to-time change, discontinue or add Membership related activities on which you may earn points with or without prior notification to you.

4.2. Tiers: The Membership is a tier-based program determined by the number of points you earn within a twenty-four (24) months’ period running from the date of your enrollment. The Membership operates with three (3) different loyalty tiers. That is:

· Tier 1: INSIDER → 0- 500 points

· Tier 2: ELITE → 501- 1000 points

· Tier 3: ICON → 1001 + points

When you enroll you will automatically be placed in Tier 1. Once you earn at least (501) points within a twenty-four (24) months’ period running from the anniversary date of your enrollment (hereinafter a “Membership Year”), you will be moved up to Tier 2. If you earn (1001) points or more within the Membership 2-year period, you will qualify for Tier 3. Your status in a specific tier is valid for 2 years in which you qualify for the specific tier and the following full Membership Year. Every time your membership is updated in tier, you have another 24 months to keep that tier level.

4.3. Benefits: Each tier level unlocks a set of different benefits. Benefits can vary and may include tier-based discounts, free shipping and returns, gifts with purchase, early access to sales, special offers and discounts, birthday promotions, anniversary gifts etc. (special conditions apply). The special offers and discounts may be offered to you as personalized offers. Personalized offers are automatically generated based on the personal data we process about you, such as your gender, age, information about your interests and purchasing preferences, as further described in our privacy policy. ECCO may in its sole discretion from time-to-time change, discontinue or add Membership related benefits with or without prior notification to you. For a list of current benefits in force please visit https://gb.ecco.com/en-GB/ECCO-CLUB . All benefits are personal to you and delivered as is. Benefits are available while supplies last and substitutions made by ECCO in its sole discretion may occur. Benefits cannot be utilized/redeemed in outlet stores or in combination with other discounts or promotions offered and cannot be exchanged for other benefits, cash, gift cards, products or other.

Exemptions, limitations and expiration of points: All points earned are personal and cannot be transferred to others. If you return any items purchased, the points earned on those items will be deducted from your point’s total. After the end of a Membership period all points earned and counting towards the next tier level will be reset and start over at 0 at the beginning of each new Membership period.

5. Contact and communication

5.1. Membership Communications: By enrolling in the Membership, you have agreed and consented to that ECCO may send to you emails, text messages (SMS) and/or postal mail to provide you with relevant service messages about the Membership.

5.2. Contact information: For information about the Membership and your membership please contact: email customercare@eu.ecco.com or call +44 20 3769 4070.

6. Data Protection

6.1. For the purpose of your participation in the Membership, ECCO will collect and process personal data about you such as your name and email address and any other personal data disclosed to ECCO by you. For more information about how ECCO processes and protects personal data please refer to ECCO’s privacy policy at.

7. Termination, changes to and discontinuation of your Membership

7.1. Your termination: You may terminate your Membership at any time by contacting ECCO Customer Service at email customercare@eu.ecco.com or call +44 20 3769 4070.

7.2. ECCO’s termination: ECCO may terminate your membership at any time if we determine that you (a) are ineligible to enroll/participate cf. section 2 above, (b) have violated any of these Terms and Conditions or other ECCO terms and conditions relevant to this Membership (e.g. terms of use of website or terms and conditions for sale) or any applicable law or regulation, or (c) engaged in any fraud, deception or any abuse of the Membership.

7.3. Consequences of termination: No matter the reason for termination, your membership will be revoked and any accumulated points and/or any benefits in your account will automatically expire and be lost and your access to the Membership will terminate.

7.4. Changes to and discontinuation of the Membership: The Membership and its benefits are offered at ECCO’s sole discretion. ECCO may terminate, cancel, discontinue, suspend, modify or otherwise change the Membership, any part or aspect of or feature of the Membership and/or these Terms and Conditions at any time without prior notice. However, to the extent such changes affect the value of points or benefits already accumulated and/or the ability to redeem/utilize accumulated benefits, ECCO will give you prior notice of such changes. In case you disagree with such changes, you may terminate your Membership.

8. Intellectual Property

8.1. This Membership and all associated text, audio, video, pictures, music, images, graphics, information, data, content, and other materials displayed on or downloadable via the Membership, the ECCO website hereinafter collectively referred to as “Content”) are the property of, or used with permission, by ECCO and are protected by copyright, trademark and other laws and may not be used except as permitted as part of your Membership or with the prior written permission of the owner of such material. You may not modify the Content in any way or reproduce or publicly display, perform, distribute or otherwise use any such Content for any public or commercial purpose. Any unauthorized use of any Content may violate copyright laws, trademark laws, laws of privacy and publicity, or other laws, rules and regulations. You may not remove any copyright, trademark, or other proprietary notices from the Membership, the ECCO website, or any Content. All rights to Content not expressly granted herein are reserved by and to the respective owners of such Content.

8.2. Certain trademarks, trade names, service marks and logos, icons, and domain names used or displayed on or via the Membership, the ECCO website are registered and unregistered trademarks, trade names and service marks owned by ECCO and/or our affiliates. Other trademarks, trade names, and service marks used or displayed are the registered and unregistered trademarks, trade names and service marks owned by their respective owners and used with permission by ECCO. Nothing contained in these Terms and Conditions, the Membership or on the ECCO website grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademarks, trade names, service marks or logos used or displayed without ECCO’s written permission or the written permission of such third-party owner.

9. Disclaimer and Limitation of liability

9.1. To the fullest extent permitted by applicable law, ECCO disclaims all warranties of any kind. You accept and agree that neither ECCO nor any of ECCO’s parent companies, subsidiaries, affiliates or partners will be responsible or liable for any (a) loss or damage incurred as a result of your use of the Membership and/or loss or damage arising from suspension, discontinuation, changes or similar of the Membership, (b) inaccuracies or omissions in the Membership or Membership content; (c) Membership interruptions including access delays or access interruptions to the Membership; and/or (f) your use of or participation in Membership activities such as various events described in section 4.1.2 above .

9.2. To the fullest extent possible permitted by applicable law, ECCO nor any of ECCO’s parent companies, subsidiaries, affiliates or partners will be liable for any indirect, special, incidental, punitive or consequential damages of any kind related to the Membership and your participation therein and ECCO’s liability shall in any event be limited to EUR 100.

10. Miscellaneous

10.1. ECCO’s failure to enforce or delay in enforcing any of our rights according to these Terms and Conditions shall not constitute a waiver of such right and shall not affect the Terms and Conditions or the interpretation thereof. If any court or relevant authority rules that any of the clauses of these Terms and Conditions are unlawful or unenforceable, the remaining clauses shall remain in full force and effect.

11. Governing law and venue

11.1. The Membership and these Terms and Conditions will be governed by and construed under the laws of the Territory.

11.2. Any dispute, claim or conflict arising from or relating to the Membership and these Terms and Conditions shall be resolved by the applicable courts in the Territory.

12. Other sales conditions

12.1. All other rights when purchasing have been specified in the Sales and Delivery Conditions at . In all matters not regulated in these Terms and Conditions and the Sales and Delivery Conditions, the applicable legal regulations in the Territory shall apply.