Terms of service

Last Updated on June 13th, 2024

E-Shop Terms of Use

Please read the following terms and conditions (the "Terms of Use") carefully before using this ESCADA website, mobile application (if any) and the services we provide (collectively, the "Site"). By accessing the Site, you agree to be bound by these Terms of Use. If you do not agree to these Terms of Use, you may not use the Site. We recommend that you keep a printed copy of these Terms of Service for future reference.

This Site is operated by Escada (UK) Limited (“ESCADA”, “we” or “our”), a private limited company under company number 07087809 and with a registered office at Broadhurst House C/O Escada Shared Services Ltd., 56 Oxford Street, Manchester, England, M1 6EU. Our VAT number is 982913289 . In these Terms of Use, the term "you" refers to you, the user of the Site.

Registration

You do not have to register to use the Site but may register to purchase goods via the Site or purchase via guest checkout. There are advantages in registering and creating an account with us. Not only will shopping be easier, but your experience with us will become more personalised over time. By creating an account, you can store credit card information for easier and faster checkout, maintain an address book, save favorites and be notified with back in stock, review your order history and edit billing or shipping information. Please note that ESCADA respects your concerns about privacy and recognize the importance of being transparent on how we handle the personal information you provide us. Please read our Privacy Notice and Cookies Policy.

Your Information

You agree that the information you provide to us will be true, accurate, current and complete in all respects. You also agree to notify us of any changes in this information. All personal information you provide to us when you use the Site will be used in accordance with our Privacy Notice, which is incorporated into these Terms of Use.

Products and Colours

Not all of the products we sell are available for sale through the Site. Additional products are available in ESCADA stores and corners all around the world. Please visit us on [URL] in order to find the nearest store.

We have made every effort to display the colours and textiles of our products that appear on the Site as accurately as possible however, as computer monitors vary, we cannot guarantee that products will be exactly as depicted on the Site.

Terms and Conditions

The information on this Site does not constitute a binding offer to sell the products described on the Site. All purchases made via the Site are subject to our Terms and Conditions.

Ownership of Site Materials

All content on this Site including, without limitation, text, designs, graphics, logos, icons, images, films, audio clips, downloads, interfaces, code and software ("Site Materials") is owned by or licensed to ESCADA or our affiliates and is protected by copyright, trademark and other applicable laws. Your use of the Site does not entitle you to any intellectual property rights or any other rights in the Site Material, other than the limited rights of use granted to you pursuant to these Terms of Use.

All trademarks, logos, service marks and trade names displayed on this Site are registered and/or unregistered trademarks of ESCADA, its affiliates, their respective licensors or content providers, or other third parties. All of these trademarks, logos and service marks are the property of their respective owners. Nothing on this Site shall be construed as granting any licence or right to use any trademark, logo or service mark displayed on the Site without the owner's prior written permission, except as otherwise described in these Terms of Use. ESCADA and our affiliates reserve all rights not expressly granted in and to the Site and the Site Material.

Your use of the Site

You are solely responsible for your actions when using the Site, whether or not you have created an account with us. In addition, you understand and agree that you will not do, attempt to do, cause any third party to do, or attempt to do, any of the following in connection with your use of the Site:

transmit by any means any software, virus, malware, programme, code, file, or other material intended to interrupt, disrupt, alter, destroy, or limit any part of the Site;
use any robot, spider, script, or any manual or automated application or means to extract, download, retrieve, index, mine, scrape, reproduce, or circumvent the presentation, operation, or intended use of any feature, function, or part of the Site;
copy, download, distribute, transmit, upload, or transfer content from the Site or the personal information of others without our prior written permission or authorization;
use the Site to make unsolicited offers, requests, advertisements, or spam, or promote any commercial activity whatsoever;
impersonate or pretend to be anyone else but you;
violate or infringe upon the privacy, publicity, intellectual property, or other rights of third parties; or
engage in any activity that is criminal or tortious in nature, or otherwise contrary to the law or infringes the rights of another including, without limitation, fraud, stalking, defaming, abusing, harassing, or threatening.

ESCADA reserves the right to restrict or terminate your access to, or use of, the Site or any feature or part of it at any time if you breach the Terms of Use or for any other reason whatsoever without notice. Termination or limitation of your access or use will not waive or affect any other right or relief to which ESCADA may be entitled, at law or in equity.

Material You Submit

You may not use this Site to upload to, distribute or otherwise publish any content that violates these Terms of Use, including as set forth in Your use of the Site above, or content that:

breaches any applicable local, national or international law or regulation;
is fraudulent, or has any fraudulent purpose or effect;
is contrary to public policy and/or accepted moral standards, including without limitation: pornographic or sexually explicit images; obscene or offensive messages; material which is defamatory or libellous of any person or which is invasive of their privacy or publicity rights; material harmful to minors; material likely to incite crimes or offences; material promoting discrimination based on race, sex, religion, nationality, disability, sexual orientation or age; material promoting computer piracy or any other criminal offence; anything likely to harass, upset, embarrass or alarm another person or cause them to harm themselves; or any material likely to misrepresent your identity or impersonate another person (including by submitting material intended to give the impression that it is originated by ESCADA or any other person);
acts contrary to ESCADA's interests, in particular by modifying, damaging, or overloading the Site; or
is inconsistent with reasonable use of the Site (for example by submitting the same material repeatedly).

In the event you submit any material via the Site:

you warrant that you own or otherwise control all the rights (including all intellectual property rights) to such material, and that such material complies in all respects with these Terms and Use;
you grant ESCADA and its affiliates and agents a non-exclusive, royalty-free, perpetual, irrevocable, sublicensable (through multiple tiers of sublicensees), and fully transferable licence to use, reproduce, license, distribute, modify, adapt, reformat, publicly perform, publicly display, and create derivative works (for example, translations, adaptations, compilations, excerpts, or modifications) such material throughout the world in any media;
you confirm that you are the owner of the relevant material and/or that you are entitled to grant us a licence of the same; and
you acknowledge that we have no obligation of confidentiality in relation to any material you submit to us, and we have the right in our sole discretion for any reason and without prior notice to you to remove any posting you make on our Site if, in our opinion, your post does not comply with the standards set out in these Terms of Use or reasonable standards of behaviour.

Links

This Site may contain links to other websites, some of which are operated by ESCADA or its affiliates and others of which are operated by third parties. These links are provided as a convenience to you. We have not reviewed the information on those other websites and are not responsible for the content of those or any other websites, or any products or services that may be offered through those or any other websites. Inclusion of links to other websites should not be viewed as an endorsement of their content. Any questions or comments relating to those other websites should be addressed to the operator of those websites.

Neither you nor any third party acting on your behalf may link to any page of this Site.

You or third parties acting on your behalf may not (i) use our proprietary marks and logos as meta tags or any other "hidden text"; or (ii) use framing technology to enclose any content included on the Site, without our prior written consent.

Infringement Notice

We respect the intellectual property rights of others and request that you do the same. If you think your work has been copied in a manner that constitutes copyright infringement, you may notify our Legal Department, who can be reached at:

Escada (UK) Limited. Attention: Legal Department, Broadhurst House C/O Escada Shared Services Ltd., 56 Oxford Street, Manchester, England, M1 6EU. Email : info@escada.com or Eu@shop.escada.com

In order for us to more effectively assist you, the notification must include all of the following:

a description of the copyrighted work you claim has been infringed;
information reasonably sufficient to locate the material in question on the Site;
your name, address, telephone number, e-mail address and all other information reasonably sufficient to permit ESCADA to contact you;
a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and
a signed statement by you confirming that all of the information in your notice is accurate, and that you are the copyright owner or are authorized to act on behalf of the copyright owner.

ESCADA reserves the absolute right to remove any material from the Site in it sole discretion at any time.

Disclaimer

The information on this Site is provided for general information only and should not be relied upon. Save as provided in our Terms and Conditions we are not responsible if information made available on this Site is not accurate, complete or current. We reserve the right to amend or correct the content on the Site at any time without prior notice or liability to you.

ESCADA provides you with access to the Site on the basis that, to the maximum extent permitted by law, we exclude all warranties, representations, conditions and other terms of any kind (including, without limitation, any warranty that access to the Site will be uninterrupted or error-free; that the Site will be secure; that the Site or the server that makes the Site available will be virus-free; or that information on the Site will be complete, accurate or timely).

Liability

ESCADA, our affiliates, and their respective officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, or loss or damages arising from or connected in any way to business interruption, loss of opportunity, loss of anticipated savings, wasted management or office time and whether in tort (including negligence), contract or otherwise, even if foreseeable) in connection with (i) this Site and the Site Materials, (ii) the use, inability to use or the results of use of this Site, (iii) any websites linked to this Site or the material on such linked websites, and (iv) any information on this Site. Your sole and exclusive remedy for any of the foregoing or any dispute with ESCADA, our affiliates, and their respective officers, directors, employees, shareholders or agents of any of them, is to discontinue your use of the Site.

Nothing in these Terms of Use excludes or limits any person's liability for death or personal injury arising from their own negligence, nor any person's liability for fraudulent misrepresentation, nor any other liability which cannot be excluded or limited under applicable law. Nothing in these Terms of Use affects your statutory rights as a consumer.

Indemnification

You agree to indemnify and to keep indemnified ESCADA, our affiliates and their respective officers, directors, employees, contractors, agents, licensors, service providers, sub-contractors and suppliers from and against any and all losses, liabilities, expenses, damages and costs, (including reasonable legal fees) arising or resulting from your use of the Site and any violation of these Terms of Use. ESCADA reserves the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate fully with ESCADA in the defence of such matter.

Governing Law and Jurisdiction

These Terms of Use shall be governed and construed in accordance with English law. Disputes arising under or in connection with these Terms of Use (including non-contractual disputes) shall be subject to the exclusive jurisdiction of the English courts.

If any material on this Site, or your use of the Site, is contrary to the laws of the place where you are when you access it, the Site is not intended for you, and we ask you not to use the Site. You are responsible for informing yourself of the laws of your jurisdiction and complying with them.

General

These Terms of Use, as supplemented by any additional documents referred to in them and any policies or rules posted on this Site, constitute the entire agreement and understanding between you and ESCADA with respect to the subject matter and supersede all prior communications (oral or in writing) between you and us.

We reserve the right, in our sole discretion, to change these Terms of Use at any time by posting revised terms on the Site. Accordingly, you should check the date of these Terms of Use (which appears at the top of this page) and review any changes since the last version. Your continued use of this Site following the posting of changes to these Terms of Use or other policies means you accept the changes.

If any provision of these Terms of Use shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.

Clause headings are for convenience only and do not affect the interpretation of these conditions.

Any failure or delay by us in enforcing (in whole or in part) any provision of these Terms of Use will not be interpreted as a waiver of our rights or remedies.

You may not transfer any of your rights or obligations under these Site Terms of Use without our prior written consent. We may transfer any of our rights or obligations under these Site Terms to any of our subsidiaries or affiliates or any third party designated by ESCADA.

How to Contact Us

If you have any questions, comments or complaints about these Terms of Use or this Site, please contact us at:

Email: info@escada.com or Eu@shop.escada.com