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ECCO CLUB Terms & Conditions

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 Shoes (NZ) Limited with its registered address at Suite 1, Level 1, 9 Teed Street Newmarket, Auckland 1023 New Zealand, and company registration number 1229847(hereinafter “ECCO”). New Zealand 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 in the Territory (hereinafter the “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. To participate, you must be at least 18 years of age. By signing up, you confirm that you fulfill these eligibility criteria. ECCO reserves the right to request written confirmation of your fulfilment 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 https://nz.ecco.com/create-account, through the ECCO website or in ECCO’s retail stores. Enrollment is free of charge and not conditional 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 your email address and password secure and private. You are responsible for activity conducted through your account, except to the extent that such activity results from unauthorised access that is not attributable to your failure to take reasonable steps to protect your login credentials.

4. Benefits

4.1 The Membership is our way of thanking and rewarding our loyal customers. Benefits may include, but are not limited to, the following (please note that ECCO CLUB benefits are delivered by email and are only available if you are subscribed to marketing emails; see sections 4.6, 5.2 and 5.3 below for additional information):

    • A welcome discount: Upon signing up for our newsletter, you will receive a welcome discount which may be used on your first purchase as an ECCO Club member.

    • Vouchers/coupons: Upon completing your first purchase as an ECCO Club member, on the anniversary of your enrollment, and in connection with your birthday, you may receive vouchers that can be applied to eligible purchases.

    • Everyday Benefits: As an ECCO Club member, you will receive free standard shipping on all orders and free returns within 30 (thirty) days on eligible purchases.

    • Exclusive Access and Personalised Discounts: As an ECCO Club member, you may from time to time receive early access to new arrivals (e.g., shop seasonal drops before general release) or early access to sales (e.g., advance access to Black Friday promotions), as well as personalised discounts tailored to your past purchases and engagement.

    • Exclusive Invitations: As an ECCO Club member, you may receive invitations to exclusive VIP discount events, as well as exclusive access to in-store events and brand experiences.

For a complete overview of the benefits currently available through ECCO Club, please refer to https://nz.ecco.com/campaigns/ecco-club.

4.2 Vouchers received through ECCO Club are valid for 30 calendar days from the date of receipt and cannot be combined with other Vouchers, coupons, or promotions. Vouchers may only be applied to purchases of eligible ECCO products and may be redeemed online at nz.ecco.com (while logged into your account) or in-store at ECCO-owned and operated New Zealand retail stores and outlets (ECCO wholesale partners are excluded). Vouchers are generally valid for single use only and for a limited time. Promotional discounts will not be reissued or honored after the offer period has expired.

4.3 Transition rewards for existing ECCO accounts: If you held an ECCO account prior to enrolling in ECCO Club, your Membership rewards will depend on whether you were previously subscribed to the ECCO newsletter and whether you are subscribed to marketing emails at the time of enrollment in ECCO Club. Past newsletter subscriptions and associated benefits do not carry over to the ECCO Club program.

4.4 If you return items purchased using a voucher, ECCO will refund (or, where applicable, issue a credit note for) the amount actually paid after application of the voucher. ECCO may, at its discretion and as permitted by law, either (a) deem the voucher used and not reinstate it, or (b) reinstate or reissue the voucher, subject to its original expiration date.

4.5 Abuse and multiple sign-ups safeguards: To protect the integrity of the Membership, each individual is limited to one account. ECCO may also limit one account per email address, mobile number, payment card, shipping address, and/or household. Creating, using, or attempting to use multiple accounts, or repeatedly enrolling in and cancelling Memberships to obtain additional benefits, is prohibited and constitutes abuse. ECCO may require identity verification, aggregate related accounts, deny or revoke benefits, cancel orders, suspend or terminate accounts, and take any other action it deems appropriate if it detects or reasonably suspects abuse, fraud, or misuse of the Membership program. ECCO will use reasonable endeavours to notify you before taking any such action (unless doing so would be impractical in the circumstances or compromise fraud prevention measures) and provide you with a reasonable opportunity to respond.

4.6 Vouchers delivery and marketing subscription: Vouchers and other benefits are delivered by email to the address associated with your ECCO Club account. Certain benefits that are promotional in nature (such as vouchers and invitations to VIP events) are distributed as part of ECCO marketing emails. Accordingly, to receive these benefits, you must be subscribed to ECCO marketing emails. If you unsubscribe, you will continue to receive essential service communications related to your Membership; however, you will no longer receive marketing communications and, as a result, may not receive vouchers or invitations delivered via email. ECCO is not responsible for any vouchers or emails that are blocked, filtered, misdirected, or not received due to inaccurate or outdated contact information.

4.7 For your offline purchases you must inform store staff about your enrollment and provide them with your account information (name and email address) for the store staff to properly apply benefits.

4.8 Personalised discounts 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, reference is made to section 6 of these Terms and Conditions.

4.9 ECCO may from time to time change, discontinue or add Membership related benefits and activities. Where any such change materially affects your existing benefits, ECCO will provide you with reasonable prior notice. Nothing in these Terms and Conditions excludes, restricts or modifies any rights or remedies you may have under the Consumer Guarantees Act 1993 or the Fair Trading Act 1986.

4.10 Benefits cannot be utilised/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.

5. Contact and communication

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

5.2 Marketing consent: Separately from service communications, you may provide your consent to receive ECCO marketing via emails, text messages (SMS) and/or postal mail about products, promotions, and special offers by opting in at the time of signing up to the Membership (either online or in-store). Certain Membership benefits are delivered via marketing emails. You must subscribe to, and remain subscribed to, ECCO marketing emails to receive these marketing-based Benefits.

5.3 Withdrawal of marketing consent: You may withdraw your consent to receive marketing communications at any time, free of charge, by using the unsubscribe link included in our marketing emails or by contacting ECCO Customer Service: email ecconz@ecco.com or call 0800 377 326. Withdrawal will not affect service communications, which you will continue to receive, but may prevent delivery of marketing-based Benefits, as these are distributed through marketing channels. For the avoidance of doubt, withdrawal of marketing consent is separate from termination of Membership. You may withdraw marketing consent while remaining a Member, and you may terminate your Membership independently of your marketing preferences.

5.4 Contact information: For information about the Membership please contact ECCO Customer Services: email ecconz@ecco.com or call 0800 377 326.

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. ECCO collects this information for the purposes of administering the Membership, providing Membership benefits, personalising your experience, and communicating with you about the Membership. For more information about how ECCO processes and protects personal data please refer to our Privacy Policy (linked at the bottom of each page on the Website).

7. Termination, changes to and discontinuation of your Membership

7.1 Your termination: You may terminate your Membership at any time by (a) using the self-service termination function in your ECCO Club account profile; or (b) contacting ECCO Customer Service at email ecconz@ecco.com or by calling 0800 377 326.

7.2 ECCO’s termination: ECCO may terminate your Membership if we determine that you (a) are ineligible to enroll/participate cf. section 2 above, (b) have materially 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) have engaged in any fraud, deception or any abuse of the Membership. Where the breach is capable of remedy, ECCO will provide you with written notice and a reasonable opportunity to remedy the breach before terminating your Membership.

7.3 Consequences of termination: Upon termination, your Membership will be revoked and your access to the Membership will cease. Any accumulated points and/or any benefits in your account will automatically be forfeited, except whether termination is initiated by ECCO for reasons other than your breach, fraud, or abuse, in which case ECCO will allow a reasonable period (of not less than 14 days) for you to utilise any unexpired points. Termination of your Membership does not affect any rights you may have under the Consumer Guarantees Act 1993 in respect of goods or services already purchased.

7.4 Changes to and discontinuation of the Membership: The Membership and its benefits are offered at ECCO’s discretion. ECCO may modify or discontinue the Membership, any part or aspect of or feature of the Membership and/or these Terms and Conditions by providing you with reasonable notice by email to the address associated with your account. To the extent such changes affect the points or vouchers already received, ECCO will honour those vouchers for the remainder of their original validity period. In case you disagree with such changes, you may terminate your Membership in accordance with section 7.1.

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 and/or 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 unauthorised 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 and/or 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 Nothing in these Terms and Conditions excludes, restricts or modifies any consumer rights or guarantees under the Consumer Guarantees Act 1993 or any other rights which, by law, cannot be excluded, restricted or modified. Subject to those non-excludable rights and to the fullest extent permitted by applicable law, 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 (d) your use of or participation in Membership activities such as various events described in section 4.1 above.

9.2 Subject to any non-excludable rights under the Consumer Guarantees Act 1993 and any other 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. To the extent permitted by law, ECCO’s total aggregate liability in connection with the Membership shall not exceed NZD $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 https://nz.ecco.com/customer-service/legal-pages/shipping-policy. Nothing in these Terms and Conditions or the Sales and Delivery Conditions is intended to exclude, restrict or modify any rights you have under the Consumer Guarantees Act 1993 or the Fair Trading Act 1986