Last updated: 16th May 2024
The present Terms of Use (hereinafter: “Terms of Use”) applies to the www.skechers.ch website (hereinafter: “the Site”). These Terms of Use together with any other terms and policies that may appear on the Site (hereinafter collectively: “General Terms and Conditions” or “GTC”), set out the general terms and conditions that apply to your access to and use of the Site.
By using our Site, you agree to be bound by these Terms of Use. If you do not accept these Terms of Use, you are not authorised to access or use our Site in any way whatsoever.
By browsing our Site, you warrant that you are at least 16 years of age or that you are visiting under the supervision of, or have obtained the consent of, a parent or guardian.
If you have any questions about the Site or the Terms of Use, or for any other type of customer service, please contact us using one of the following methods :
Skechers S.à.r.l.
Alte Steinhauserstrasse 14
6330 Cham
Switzerland
- Telephone: 0800 00 13 00 (Monday to Friday, 9am to 12pm and 1pm to 4.30pm)
- Email: info.ch@skechers.com.
Intellectual property/Copyright/Trade Marks
All intellectual property rights, including copyright, trademarks, and materials published on the Site by or on behalf of Skechers S.à.r.l. and/or any other legal entity of the Skechers group (hereinafter commonly referred to as : “Skechers”) are owned by Skechers U.S.A., Inc. II, its affiliates and/or its licensors.
With respect to copyright, you may electronically copy, download and print hard copy portions of the materials in the different sections of the Site for personal and private use only (i.e., non-commercial use), provided that you comply with all applicable intellectual property rights and for the purpose of placing an order or purchasing Skechers products. Any other use of materials in the various sections of the Site, including but not limited to reproduction, distribution, display or transmission is strictly prohibited without the express written permission of Skechers U.S.A., Inc. II. In addition, you agree not to modify or delete any materials downloaded or printed from this Site. Nor may you use any illustrations, photographs, video, audio or graphics separately from any accompanying text. The status of Skechers (and others listed as contributors) as the author of the content of the Site must always be acknowledged and recognisable. If you use all or any of the material contained in the various sections of the Site in breach of these Terms of Use, your right to use the Site terminates immediately and you must destroy any copies you have made of all or any of the content of the Site. No right, title or interest in the Site or the content of the Site is transferred to you, and all rights not expressly granted to you in writing are reserved to Skechers U.S.A., Inc. II.
None of the trademarks displayed on the Site by or on behalf of Skechers may be used for any purpose without the prior written consent of Skechers U.S.A., Inc. II.
Links
Where the Site contains links to other websites and resources provided by third parties, these links are provided for information purposes only. Skechers S.à.r.l. has no control over the content of these sites and resources and does not endorse these web sites or the information they contain.
Exclusion of liability
Skechers provides this Site solely for your personal and private use. You agree not to use this Site for any commercial or business purpose. Under no circumstances will Skechers be liable to you for any loss of profits, loss of business, business interruption or loss of business opportunity.
From time to time, Skechers may limit access to parts or all of the Site to users, including registered users. Skechers is not responsible if, for any reason, the Site is unavailable, in whole or in part, at any time for any period of time.
The aforementioned exclusions of liability of Skechers apply to the extent compatible with Swiss law.
Viruses, malware and account security
Skechers does not warrant that the Site is free of viruses and malware. We recommend that you use your own virus and malware protection software when accessing and using the Site. To the fullest extent permitted by Swiss law, we will not be liable for any loss or damage caused by viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Site or items obtained through the Site, or to your downloading of any materials posted on the Site or on any other website linked to the Site.
Use of the Site and its content and any products obtained via the Site is at your own risk. The Site and its contents and any products obtained through the Site are provided “as is” and without warranty of any kind, either express or implied. Neither Skechers nor any person connected with Skechers makes any warranty or representation as to the completeness, security, freedom from viruses or malware, reliability, quality, accuracy or availability of the Site and its contents or any item obtained through the Site.
To the fullest extent permitted by applicable Swiss law, Skechers hereby disclaims all warranties of any kind, express or implied, statutory or otherwise, including, but not limited to, warranties of merchantability, non-infringement and fitness for a particular purpose.
It is forbidden to abuse the Site by knowingly distributing malicious or technologically harmful material, such as viruses, malware, Trojan horses, worms and logic bombs. It is forbidden to attempt to obtain unauthorised access to, disrupt, damage or interrupt the operation of all or part of the Site, the server on which the Site is stored or any server, computer or database connected to the Site. It is forbidden to launch a denial-of-service attack or a distributed denial-of-service attack against the Site.
When you choose or receive a username, password or other information as part of our security procedures, you must keep this information confidential and not disclose it to any other person or company. You acknowledge in this regard that your account is your personal property and you agree not to authorise any other person to access the Site or any part thereof using your username, password or other security information. You agree to notify us immediately of any unauthorised access or any other breach of security or use of your username or password. You also agree to ensure that you log out of your account at the end of each session. You should take particular care when accessing your account from a public or shared computer to prevent others from seeing or saving your password or other personal information.
Use of information transmitted / Processing of personal data
You agree that Skechers S.à.r.l. and/or Skechers USA, Inc. may use, without notice to you, any comments, information or ideas contained in any communication you send to or post on the Site. No compensation or other consideration is due to you for such use. Use may be for any purpose, including, but not limited to, developing, manufacturing and marketing products and developing, modifying or improving the Site or other products. You grant Skechers S.à.r.l. and/or Skechers USA, Inc. a licence to use such content to the extent necessary.
To access or use the Site, we may ask you to provide us with certain personal data. In order for you to use the Site, all personal data you provide on the Site must be accurate, current and complete. You agree that Skechers S.à.r.l. and/or Skechers USA, Inc. may process your personal data without prior notice to you.
Participation disclaimer/Restrictions on use
Skechers cannot and does not review all communications and materials posted to or created by users accessing the Site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by permitting you to view and distribute user-generated content on the Site, the Site is acting solely as a passive conduit for such distribution and Skechers assumes no obligation or liability relating to any user-generated content or activities on the Site. Opinions expressed by users on our Site do not represent our opinions or values. Skechers has the right, but not the obligation, to remove communications and materials posted by users on the Site.
You may not post or distribute on the Site, in any manner, any content that Skechers, in its sole discretion, considers offensive, harassing, threatening, libelous, defamatory, obscene, constituting an imitation, fraudulent, deceptive, misleading, infringing of a copyright, trademark or other intellectual property right of a third party, invasive of privacy, infringing of any other right of Skechers or any third party, unlawful, or otherwise offensive to Skechers. You may not upload commercial content to the Site or use the Site to solicit others to join or become members of any other commercial online service or organisation. You warrant that any posting or distribution you make on the Site complies with the foregoing terms and that you will be liable to Skechers for any damages resulting from your violation of these terms. Skechers may, to the extent permitted by applicable mandatory provisions of Swiss law, disclose your identity to any third party who claims that content posted or uploaded by you to the Site violates their intellectual property rights, violates their confidential information, or is defamatory.
Damages
You agree to indemnify Skechers and its affiliates, officers, directors, employees, agents, licensors and suppliers from and against any and all damages resulting from any violation of these Terms of Use or activities related to your account (including negligent or unlawful conduct) by you or any other person accessing the Site through your account.
Skechers shall have the right to cooperate fully with any law enforcement authorities or court order requesting or directing Skechers to disclose the identity or other information of anyone posting any materials on or through the Site.
You agree to indemnify Skechers and its affiliates, licensees and service providers from and against any and all claims resulting from actions taken by law enforcement authorities during or as a result of an investigation by such authorities.
Limitation of liability
To the extent compatible with Swiss law, the liability of Skechers and its auxiliaries, affiliates or their licensors, service providers, employees, agents, officers or directors is excluded.
In particular, Skechers and its subsidiaries, affiliates or their licensors, service providers, employees, agents, officers or directors shall not be liable, to the fullest extent permitted by Swiss law, for damages of any kind arising out of or in connection with your use of or inability to use the Site or its content, or any linked websites or their content.
Termination/modifications and effective date of termination/modifications
These Terms of Use apply from the moment you access the Site. Skechers reserves the right, without notice, in its sole discretion and with or without cause, to terminate or restrict your use of the Site without liability. Skechers also reserves the right to terminate or modify all or any part of these Terms of Use at any time, without notice, for any reason whatsoever. All modifications shall be effective immediately upon their publication on the Site. Your continued use of the Site following the publication of amended Terms of Use will constitute your acceptance of such amendments. Please check this page from time to time to ensure that you are aware of any changes, as they are binding on you. The provisions relating to intellectual property rights (copyright and trademarks), liability exclusion and limitation clauses, indemnification and miscellaneous matters remain in force after termination.
Waiver and safeguard clause
No waiver by Skechers of any term or condition of these Terms of Use shall be deemed a further waiver of such term or condition or a waiver of any other term or condition, nor shall any failure by Skechers to enforce any right or provision of these Terms of Use be deemed a waiver of such right or provision.
If any provision of these Terms of Use is held by a court to be invalid, illegal or unenforceable for any reason whatsoever, only that provision will be set aside or limited to the minimum extent possible, so that the other provisions of these Terms of Use will remain in full force and effect.
Applicable law and place of jurisdiction
These Terms of Use are governed by Swiss law, to the exclusion of the rules of private international law. Any legal action relating to our products or the use of the Site may be brought before Swiss courts.
Alternative dispute resolution is a process whereby an independent body examines the facts of a dispute and attempts to resolve it amicably. We are not obliged to use an ADR scheme and do not currently do so.
