Terms & Conditions
Welcome to ellesse.com (the “Website”). There are a few rules that our visitors must follow when using our Website, so we ask all our visitors to read our Terms and Conditions carefully.
This Website is operated in the US by Ellesse USA LLC on behalf of Ellesse Limited (“Ellesse”, or “we” or “us”) and all rights, including copyright, in the content of the Website is owned or controlled by Ellesse.
Ellesse and its affiliates provide access to the Website and sells its products to you subject to the Terms and Conditions set out on this page.
If you have any comments or queries relating to this Website, please contact us at email@example.com.
1. What do I agree to by entering the Website?
You are invited to use the Website on the basis of the Terms and Conditions of use set out below.
By entering the Website and using its Features (as defined below) you are deemed to have read and accepted these Terms and Conditions. If you do not accept these Terms and Conditions or any part of them, you should not enter or use the Website.
Ellesse may modify or update these Terms and Conditions from time to time. If you continue to use this Website after any changes, this means you agree to be bound by the modified Terms and Conditions.
If we do make a change to the Terms and Conditions we will post it at the top of this page, together with the date of the change, so you can easily find it.
By registering you agree to receive emails from ellesse.com, and you can unsubscribe by using the links in the emails that we send.
2. The Features
The Website may offer the following features to you: purchase of products, competitions, prize draws, video clips, downloading of screensavers, desktops and sound files (the “Features”).
3. Conditions of Using Features on the Website
You agree to use the Features in this Website in good faith and in the spirit in which they are made available to you. In particular you agree:
a) not to send or resend any content which is obscene or vulgar, offensive, abusive, harmful, threatening, libellous, defamatory, invasive of another’s privacy, racially or ethically or religiously insulting or otherwise unlawful;
b) not to use Features on the Website for any purpose that is illegal or which is or may be damaging to the rights or interests of any User or other party;
c) if you or any other party has any issues or concerns with the content of any communications generated via the Website, you should contact the website moderator as soon as possible; and
d) that all Features will be used entirely at your own risk and Ellesse accepts no responsibility for any losses or consequences suffered by you as a result of your use of the Website.
If Ellesse is informed or has any reason to believe that any of the Features on our Website are being used by a user other than in accordance with these Terms and Conditions, Ellesse reserves the right to suspend or permanently prevent access by the user to the Features and shall have no liability to the user whatsoever in such event.
4. Sending Us Information
We are happy to receive from you any ideas, suggestions, graphics, mixes, pictures or anything else, but do please remember that, by sending us your submission (the “Material”) you will be deemed to have granted Ellesse (and any of its subsidiaries or associated companies) a perpetual, royalty-free, non-exclusive right and licence to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, play, and exercise all copyright and publicity rights with respect to any such work worldwide and/or to incorporate it in other works in any media now known or later developed for the full term of any rights that may exist in the Material. By submitting your Material to this site, you also warrant that:
a) you have the right to make it available to Ellesse;
b) the Material is not defamatory; and
c) the Material does not infringe any law.
You agree to indemnify Ellesse against all legal fees, damages and other expenses that may be incurred by Ellesse as a result of your breach of the above warranty. You also agree to waive any moral rights in the Material for the purposes of its submission to and publication on the Website and the other purposes specified above. You may not violate, plagiarise, or infringe on the rights of third parties including copyright, trademark, trade secret, privacy, personal, publicity, or proprietary rights.
This means that all stories, mixes, comments, suggestions, ideas, graphics or other information sent to us can be used by us as we see fit. This includes using it for promotional, marketing or any other commercial purpose, whether in advertising, or in developing, manufacturing or marketing products. Under no circumstances are you entitled to any payment if we do use your Material for any purpose. So remember don’t send us your Material if you don’t want us to use it or the world to know it.
6. Website Content – Accuracy and Permitted Use.
Ellesse makes every effort to ensure that the content of the Website is accurate and up-to-date, but Ellesse does not offer any warranties (whether express, implied or otherwise) as to the reliability, accuracy or completeness of the information appearing on the Website.
Ellesse may remove material or Features, from the Website at its own discretion and without any notice.
You are permitted to use the material that is displayed on the Website from time to time only as expressly authorized by Ellesse.
This Website is intended to provide amongst other things, information relating to Ellesse products and is designed for personal, non-commercial use only.
You may not use this Website, or any of the material appearing on the Website from time to time to further any commercial purpose, including (but not limited to) selling on of any products purchased from the Website to eBay or any other auction site advertising or to promote or encourage traffic to any other website.
7. Copyright, legal statement and database rights
All content and compilation of such content together with all software included on the Website, such as text, graphics, logos, button icons, images and software, is the property of Ellesse or its subsidiaries, its affiliates or its content suppliers and is protected by US and International laws.
You may not extract and/or re-utilise parts of the contents of the Website without Ellesse’s express written consent. In particular, you may not utilize any data mining, robots, or similar data gathering and extraction tools to extract (either once or many times) for re-utilization of any substantial parts of this Website. You also may not create and/or publish your own database which features substantial (e.g. our prices and product listings) parts of this Website.
Please also refer to our Legal Statement below.
8. Legal Statement
www.ellesse.com is a registered domain name of Pentland Brands Limited and is operated in the US by Ellesse USA LLC.
Ellesse’s registered office address: 8 Manchester Square, London, W1U 3PH.
Ellesse is a registered data controller, registration no. Z5051762.
9. Intellectual Property Rights
You acknowledge and agree that all copyright, rights in data, databases, trade marks, names, images, logos and other intellectual property rights in the Website content, software and all HTML and other code involved in this Website (“Intellectual Property Rights”) shall remain at all times vested in Ellesse and that these are protected by copyright and other laws and international treaty provisions.
Users may not, other than in accordance with these Terms and Conditions, modify, copy, distribute, transmit, display, redistribute, transfer, or sell in whole or in part, the Website or any of the Intellectual Property Rights relating thereto, without first obtaining written permission from Ellesse to do so.
Nothing contained in this Website shall be construed as conferring by implication or otherwise any licence or right to use any of the Intellectual Property Rights displayed or subsisting on or in this Website other than in accordance with these Terms and Conditions.
10. Limitation of Liability
The Internet is by its nature an unreliable medium. Consequently, you accept that this Website is offered on an “as is” and “as available” basis.
While Ellesse takes all reasonable steps to ensure that the Website is properly functioning at all times, Ellesse does not warrant that this Website will be uninterrupted, timely, secure or error-free, that defects will be corrected, or that this Website or the server that makes it available are free of software viruses or bugs or other defects.
Ellesse has no control over, and disclaims all responsibility for, any content you encounter, or events which may occur as a result of your use of the Features and Ellesse shall not be liable for any damages or other losses of any type whatsoever incurred by you as a result of your use of the Website or the Features.
Except in relation to liability for death or personal injury, Ellesse shall not be liable to you for any loss or damage you suffer as a result of visiting this Website or making use of the Features or information available on the Website. You must take your own precautions (including, but not limited to, installing adequate protective measures to guard against software viruses and ensuring that you retain up-to-date copies of all data) to protect yourself against loss or damage.
11. Governing Law
Your use of the Website, any purchase by you on the Website of any products and these Terms and Conditions will be governed by and construed in accordance with the laws of the State of Delaware and will be deemed to have occurred in the USA.
TERMS AND CONDITIONS OF SALE
Please carefully read these Terms and Conditions before purchasing any Ellesse products on the Website. By purchasing Ellesse products on the Website, you agree to be bound by these Terms and Conditions.
1. Your Account
You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer to prevent unauthorised access to your account. You agree to accept responsibility for all activities that occur under your account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner.
Please ensure that the details you provide us with are correct and complete and inform us immediately of any changes to the information that you provided when you registered.
The Website only sells products to individuals who can purchase with a credit card/debit card/PayPal. If you are under eighteen (18), you may use the Website only with the express permission and supervision of a parent or guardian.
Ellesse reserves the right to refuse access to the Website, terminate accounts, remove or edit content, or cancel orders at its discretion. If we cancel an order, it will be without charge to you.
3. Our Contract
When you place an order to purchase a product from the Website, we will send you an email confirming receipt of your order and containing the details of your order. Your order represents an offer to us to purchase a product which is accepted by us when we send an email to you confirming that we have accepted the order (the ‘Order Confirmation Email’). Such acceptance will be complete at the time we send the Order Confirmation Email to you. You are seeking to enter into a contract with Ellesse when you place an order.
This contract is legally binding when you have placed an order, your order has been accepted by us and we have sent you the Confirmation Email.
Ellesse will retain the title in the products until full payment has been made by you and has been received by Ellesse.
Ellesse reserves the right to hold any orders prior to shipping for security review. Ellesse only delivers its products to the locations listed on the Website. In the event that an order is placed for a delivery to a location where we do not deliver to the order will be cancelled and a refund processed.
4. Fraud prevention, fraud screening and age and identity verification checks
By confirming your order, including by taking the positive step of ticking the relevant box on our website, you will be indicating that you have read, understood and agree to these e-commerce terms and conditions and that you explicitly consent to your personal information being used by us, its third party service providers and Fraud Prevention Agencies (as further described below) for the following purposes. You should not confirm your order or tick the relevant box on our website unless you consent to this use of your personal information. If you have any questions at all about this, please contact us via our help center before you proceed with your purchase.
Your personal information including your full name and address, your bank account and card payment details and your sensitive personal data will be used for fraud prevention, fraud screening and age and identity verification purposes. This personal information may be disclosed to and used by fraud prevention agencies (“FPAs”) for all such purposes and those agencies may keep a record of it where permitted by applicable data protection legislation (as amended and/or replaced from time to time). This personal information will also be disclosed to third parties providing fraud prevention, fraud screening and age and/or identity verification services us.
As part of this, we may check the following records about you:
- our own records;
- records held by third parties providing services to us; and
- records at fraud prevention agencies (FPAs).
The checks described above may include assessing and verifying identities to prevent and detect fraud. The information we obtain from third parties providing services to us and FPAs will help us to decide whether we are willing to accept payments from you through our website(s) and whether to complete the payment process through our website(s).
As explained above, personal information about you may be sent by us to FPAs and recorded by them. In addition, we may give details of the payments you make to FPAs. All such information may be supplied by the FPAs to other organisations in order that they may perform similar fraud prevention, fraud screening and age and identity verification checks against you, including as part of online transactions and otherwise. Records remain on file for up to 6 years after checks are carried out.
If you give us false or inaccurate information about yourself and if we suspect fraudulent payments and/or identity fraud we will record this and may also pass this information to FPAs and other organizations involved in crime and fraud prevention. We and other organisations may access and use information which relates to you and which is recorded by FPAs in other countries.
This section constitutes a short form explanation about how your personal information may be used by us in conjunction with the FPAs. If you would like to obtain full details about this, please contact us via our help center.
Please click here to view our delivery details and pricing.
US Customers & Non-EU Customers
All products purchased from the Website are made pursuant to a shipment contract. This means that the risk of loss for such products pass to you upon our delivery to the carrier. If you have received your Order Confirmation Email but your products have not arrived within the time specified in the Order Confirmation Email, please contact us and we will do our best to assist. Note that during exceptionally busy periods (e.g. Christmas) or when the weather is particularly inclement please allow an additional day before raising a query.
All products purchased from the Website are made pursuant to a shipment contract. This means that the risk of loss for such products will pass to you when we deliver your product(s) to the address you gave us or you (or, in limited circumstances, a carrier organised by you) collects the product(s) from us. You will be responsible for the product(s) once they have been delivered in accordance with the delivery instructions. If you have received your Order Confirmation Email but your products have not arrived within the time specified in the Order Confirmation Email, please contact us and we will do our best to assist. Note that during exceptionally busy periods (e.g. Christmas) or when the weather is particularly adverse please allow an additional day before raising a query.
If your order has not been received within our specified timescales as further set out below, in the first instance please check with your local mail delivery office to see that they are not holding your parcel. If they confirm that they do not have your products, please contact us and we will do our best to assist.
You can only return Ellesse products that have been purchased directly through this Website. Ellesse products purchased at a retail store or from other websites must be returned to the original store or site from which they were purchased.
If for any reason you are not happy with your Ellesse products, please visit our help center, so that we can assist you in the exchange or refund of your order. Ellesse reserves the right to reject the return of products that are not returned in accordance with our Returns, Exchanges and Repairs Policy and we may request that you pay for delivery charges in returning such goods back to you. Our returns policy does not affect your statutory rights.
7. Feedback and Complaints Policy
We welcome any comments about our service, so that we can improve what we are doing. Our aim is to deal with any problems quickly and fairly. If you have reason to complain about our service, please e-mail our Customer Services Team stating clearly that you are making a complaint. Alternatively, call us on the number stated on the Website and say that you wish to make a complaint. Our aim is to respond to your complaint within fourteen (14) working days, either resolving the complaint, or with a timescale for resolution.
8. Pricing, availability and promotions
All prices are quoted in US Dollars and do not include individual State Sales Tax unless otherwise specified. All item prices are exclusive of delivery charges. We list availability information for products sold by us on the Website, including on each product information page. Beyond what we say on that page or otherwise on the Website, we cannot be more specific about availability. Please note that shipping dates are estimates only. Unless otherwise stated, dispatch dates are not guaranteed and should not be relied upon. As we process your order, we will inform you by email if any products you order are subsequently found to be unavailable.
Despite our best efforts, a small number of the products on the Website may be mis-priced. If a product's correct price is lower than our stated price, we will charge the lower amount and send you the product. If a product's correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping the products or cancel your order and notify you of such cancellation.
Promotions and discount vouchers, also known as promo codes and coupon codes, cannot be applied to products which are on closeout. Closeout items that are priced lower than the minimum advertised price (“MAP”).
9. Disclaimer and limitation of liability
This Website is provided by Ellesse on an “as is” and “as available” basis. Ellesse makes no representations or warranties of any kind, express or implied, as to the operation of this Website or the information, content, materials, or products included on this Website. It is expressly agreed by you that your use of this Website is at your sole risk.
Ellesse disclaims all warranties, express or implied, including, but not limited to, implied warranties of saleability and fitness for purpose to the fullest extent permissible by applicable law. Ellesse does not warrant that this Website, its servers, or e-mail by us are free of viruses or other harmful components.
Ellesse will not be liable for any damages of any kind arising from the use of this Website, including, but not limited to direct, indirect, incidental, punitive, and consequential damages.
Laws of certain countries or states do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.
10. Electronic communications
When you visit the Website or send emails to us, you are communicating with us electronically. We will communicate with you by email or by posting notices on the Website. For contractual purposes, you consent to receive communications from us electronically and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
11. Alteration of Service or Amendments to the Conditions
We reserve the right to make changes to our Website, policies, and these Terms and Conditions of Sale at any time. Your usage of the Website and your orders will be subject to the policies and Terms and Conditions of Sale in force at the time that you use the Website or that you order products from us, unless any change to those policies or these conditions is required to be made by law or government authority (in which case it will apply to orders previously placed by you). If any of the provisions of these Terms and Conditions of Sale are deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of the remaining conditions.
12. Events beyond our reasonable control
Ellesse will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect your statutory rights.
If you breach these Terms and Conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
14. Governing law and jurisdiction
Your use of the Website, any purchase by you on the Website of any products and these conditions will be governed by and construed in accordance with the laws of the United States of America and will be deemed to have occurred in the USA. You agree, as we do, to submit to the non-exclusive jurisdiction of the courts.
Your statutory rights are not affected by these Terms and Conditions of Sale.
15. Our details
www.ellesse.com is owned by Pentland Brands Limited, The Pentland Centre, Lakeside, Squires Lane, Finchley, London N3 2QL, UK.