The terms and conditions (“Terms”) shall apply to all contracts for the purchase of goods by you from us the seller to the exclusion of all other terms and conditions which you may purport to apply under any sales offer or purchase order. These terms and conditions supersede all previous agreements and understandings between the parties. Any amendment to the terms and conditions will only be effective if signed by an agent of Escada.
ESCADA is committed to providing you with terms and conditions of sale which are easy to understand and which are fair to you. Your statutory rights are not affected by anything contained in these terms and conditions.
ESCADA does not trade via eBay, The RealReal or any other auction or resale website. We are not able to verify the authenticity or quality of any item sold on such a site under the ESCADA brand.
1.0 DEFINITIONS
"We/us" means ESCADA, the seller of the goods.
"You" means the customer acting as a consumer.
"Courier" means any such fulfilment courier as we may choose to use.
"Shipping date" means the date specified by us, the seller, when the goods are to be shipped, however time is not of the essence of this contract.
2.0 USE OF OUR SITE
Your use of our Site is governed by our Terms of Use. Please take the time to read these, as they include important terms which apply to you.
3.0 HOW WE USE YOUR PERSONAL INFORMATION
We only use your personal information in accordance with our Privacy Policy. Please take the time to read our Privacy Policy, as it includes important terms which apply to you.
4.0 CONTACTING US
4.2 If we have to contact you or give you notice in writing, we will do so by email, or by pre-paid post to the address you provide to us when placing your order.
5.0 TERMS OF SALE AND OUR RIGHT TO VARY SUCH TERMS
5.1 These Terms shall apply to all contracts for the purchase of Goods by you from us (a “Contract”), to the exclusion of all other terms and conditions which you may purport to apply under any sales offer or purchase order. These Terms supersede all previous agreements and understandings between us. By placing an order through the Sites, you confirm that you have read and understood these Terms and our Privacy Policy in their entirety and you agree to be bound by them. If you refuse to accept these Terms, you will not be able to order any Goods from our Site.
5.2 We amend these Terms from time to time. Please look at the top of this page to see when these Terms were last updated and which Terms were changed.
5.3 Every time you order Goods from us, the Terms in force at the time of your order will apply to the Contract between you and us.We may revise these Terms as they apply to your order from time to time to reflect changes in relevant laws and regulatory requirements. You should print a copy of these Terms for future reference.
5.4 If we have to revise these Terms between the time you place your order and when we send your Dispatch Confirmation, we will contact you to give you reasonable advance notice of the changes and let you know how to cancel the Contract if you are not happy with the changes. You may cancel either in respect of all the affected Goods or just the Goods you have yet to receive. If you opt to cancel, you will have to return (at our cost) any relevant Goods you have already received and we will arrange a full refund of the price you have paid, including any delivery charges.
6.0 PLACING AN ORDER
6.1 Our Site’s pages guide you through the steps you need to take to place an order with us. Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each stage of the order process.
6.2 All orders are subject to acceptance and availability. On placing an order you undertake that you are at least 18 years old, that all details you provide to us are true and accurate, that you are an authorized user of the payment method used to place your order and that there are sufficient funds to cover the cost of the Goods.
6.3 After you place an order, you will receive an order confirmation email from us acknowledging that we have received your order. This email is not an acceptance of your order; it is a confirmation that we have received your order. Our acceptance of your order is described in 6.4 below.
6.4 We will confirm our acceptance of your order to you by sending you an email that confirms that the Goods have been dispatched ("Dispatch Confirmation"). The Contract between us will only be formed when we send you the Dispatch Confirmation. Only Goods dispatched will be included in the Contract.
6.5 When placing your order we carry out a standard pre-authorisation check on your payment method. Payment will not be taken until your order has been accepted and a Dispatch Confirmation has been sent. Pre-authorised funds will not be available for your use. This normally shows as a pending payment, however contact your payment provider for further details on how this is presented in your account.
The hold will stay on your payment method until payment of the goods is processed on dispatch of your order. If you cancel your order prior to dispatch we will release the hold. Please note that your bank may take up to 30 days to release the pre-authorised funds. Once ESCADA and/or or processing and fulfillment partner, Global-e, has processed a refund or cancellation, we have no control over the timeframe in which the funds will be returned to you, or any further visibility of the transaction.
6.6 We may choose not to accept your order at our discretion for any reason whatsoever without liability to you. Examples of when we may not accept your order includes (but are not limited to): (i) instances where the Goods ordered are out of stock or are incorrectly priced or do not satisfy our quality control standards, (ii) where payment has been declined, or (iii) upon a failed security review. We will inform you if we choose not to accept your order by email and we will not process your order. If you have already paid for the Goods, we will refund you the full amount as soon as possible. If an item from your order is unavailable, it will not be substituted for an alternative product and you will not be charged for the item.
6.7 Orders with multiple items may be dispatched from both our distribution center and an ESCADA store. In this case, you will receive a separate Dispatch Confirmation email for each shipment. Each Dispatch Confirmation email will constitute a separate Contract between us in relation to the Goods which are the subject of that Dispatch Confirmation.
6.8 To protect our customers and for security reasons, we regularly perform security checks on online orders. All digital orders are processed using our payment processor, and may be selected for review by our risk system. If your order has been selected for review, we may reach out to you and request additional information to validate your order such as a bank authorization code and/or utility bill so we can verify your details. This security policy is in place for your protection. Should an order fail to pass the review, then the order will be cancelled, you will be sent an order cancellation email and your funds will be returned to your original form of payment.
If ESCADA suspects or identifies fraudulent activity in violation of this Agreement, any law or regulation, or is likely to expose either ESCADA or any other party to harm or loss ESCADA reserves the right to take the following actions, including but not limited to: (i) rejecting, cancelling, recalling or reversing the order; or (ii) taking any other appropriate steps to investigate the activity for security reasons.
7.0 CANCELLING AN ORDER
As the Contract between us is not formed until we send your Dispatch Confirmation, you may cancel an order at any time before we send your Dispatch Confirmation by contacting Customer Experience at Customer
8.0 SHIPPING
8.1 Customers can browse and shop our website in their local currency by selecting their country from the dropdown menu in the main navigation. We offer Standard and Express shipping options via DHL depending on the destination country.
8.2 We ship globally using Global-e and DHL.
8.3 For your safety and security we do not ship to APO, FPO or PO box addresses.
8.4 Shipping times, standards and FAQ’s can be found
here:
9.0 PROOF OF SHIPPING
9.1 As a result of COVID-19, contact-free shipping has become a standard process and in some cases includes photo capture proof of shipping.
9.2 If you are unavailable at the time of shipping and have not selected a shipping preference instruction, your parcel may be left in a safe place deemed by the driver, as default or left with a neighbor. The courier may attempt the next business day if unable to successfully ship.
9.3 Customers may not be asked to sign for their parcels and drivers may take a photo of the parcel as proof of shipping. This proof of shipping will be provided to the customer by the courier. Please see options for managing shipping preference below:
9.3.1 All shipping is via DHL and can be tracked here:
9.4 We’re currently unable to ship to collections points, such as: Amazon lockers, PO Box addresses, Collect Plus and Packstations but can help you find an alternative.
9.5 All orders are security sealed prior to dispatch and under no circumstances should packages be accepted if the seals are broken or the packaging is damaged upon arrival.
9.6 In the event that the seals are broken or the packaging is damaged, please immediately refuse the parcel and then contact Customer Support at support@escada.com.
10.0 TAX & DUTY POLICY
All tax charges are based on country, state and local laws and rates for the shipping address you have supplied. Shipping, duties and taxes may be baked into your product cost or displayed individually during checkout depending on the local laws and normal practices of your country. These standards and regulations vary widely and we do our best to align with regional norms. If you have questions about what is included, please feel free to email us at support@escada.com. In almost all scenarios product will arrive Duty and taxes and paid and you will not owe upon arrival of your product. In Mexico, Indonesia, Argentina, China and Brazil there are import clearance thresholds, if your total order value exceeds these thresholds you may find products are blocked from sale and. Or you may be charged additionally by your local customs broker to release the parcel.
If you return an item for a refund, you will also receive a refund for the taxes that were applied to that item. Where required, taxes or duties will also be applied to shipping and handling costs, please note you will not receive a refund for taxes or duties against shipping costs once the order has been shipped.
If you are purchasing goods for a tax-exempt organization or an individual that qualifies for exemption then please contact our Customer Services team prior to placing your order to ensure compliance is made with state and local tax laws
11.0 REFUNDS AND RETURNS
11.1 Refunds
(a) If you want to return an item for a refund via the original form of payment, you can do so by returning the item via our returns portal, accessible here within 14 days of receipt.
(b) Please note that refunds can typically take up to 15 business days to appear on your bank account due to varying processing times of financial organizations.
(c) Where an item which you wish to return is received or returned to us after this 14 day period, we can issue you with a gift card for the appropriate amount excluding Klarna orders. Any items received or returned to us after this 14 day period will not be refunded and will be returned to you, with the exception of extended holiday returns which are communicated on the website when applicable.
(d) Our department store concessions and Outlet stores are unable to accept returns of items purchased online.
(e) We will refund you on the original method of payment. If you used a gift card to pay for the Goods we will refund you by way of a gift card. If you made the payment using part gift card and part credit/debit card or paypal, the gift card element will be refunded first.
(f) To exercise your cancellation rights, you must notify us within 7 business days from the day after you received your order. However, please note that orders already shipped must be received back at our Distribution Center before a refund can be issued. To initiate a cancel, please email support@escada.com
(g) Please see the returns section below and our Returns page for further details on how you can return an item for a refund.
11.2 Exchanges
(a) If you would like to exchange your product for another size or colour, please place a new order and return the original item.
(b) Please see the returns section below and our returns page for further details on how you can return an item for an exchange.
11.3 Returns
(a) ESCADA cannot accept responsibility for Goods not received and a proof of signature is required to confirm receipt. We recommend you keep your tracking number until your refund has been processed.
(b) Please note that return costs are your responsibility. You can initiate a return on our returns portal here.
(c) If you have returned the Goods to us because they are faulty, we will refund the price of the Goods in full, together with any applicable shipping charges, and any reasonable costs you incur in returning the item to us. However please note we cannot accept liability for an item as faulty until it has been returned to us and we have had an opportunity to inspect it and confirm that it is faulty.
Your shipping costs will be refunded in the following circumstances:
- If you cancel your order before dispatch.
- If you return a faulty item.
- If we cancel your order due to stock availability or because the product is faulty on dispatch.
Please note:
- To exercise your cancellation rights, you must notify us within 7 business days from the day after you placed your order.
- Orders already shipped must be received back at our Distribution Center before a refund can be issued.
11.4 Handling and conditions of returned goods
(a) Please take reasonable care when opening original packaging and, where possible, ensure it is returned along with the Goods.
(b) All Goods should be inspected and tried on with reasonable care being exercised.
(c) Items should be returned unused and in a resalable condition, with all garment tags and care labels still attached. If returned items do not match the items included in the original order or are damaged or soiled we reserve the right not to accept them and may send them back to you and/or refuse a refund.
(d) Where protective casings, protective boxes, dust bags and leather tags are provided with the Goods, these must be returned along with the Goods. For example, all footwear must be returned in its original shoe box, all sunglasses in their original sunglasses cases, all ties in their original tie boxes and all jewelry in their original jewelry pouches or boxes.
(e) For hygiene reasons swimwear and underwear must be unused with the tags and hygiene seals intact, and in the complete original packaging, unless they are faulty. These Goods should not be tried on and must be inspected in their packaging.
(f) For handbag returns: when examining your handbag please be mindful not to scratch or mark the product. For returns please wrap your handbag carefully in the original dust bag to prevent any damage during shipping.
11.5 Jewelry returns
For health and hygiene reasons we are unable to exchange or refund pierced earrings unless they are faulty.
11.8 Klarna returns
You can return an item that was purchased using Klarna via our returns portal, found here, within 14 days of purchase for a refund to the original form of payment.
Please note that ESCADA orders placed using Klarna cannot be refunded on to a gift card, therefore refunds will be returned to the original form of payment.
You cannot purchase an ESCADA gift card using Klarna. For more information, please visit Klarna's Terms and Conditions.
12.0 PROMOTIONS
Unfortunately, we cannot advise you in advance of a reduced priced product or reimburse you the difference after you have placed an order.
12.1 We may from time to time run special promotions or issue promotional codes. Unless otherwise expressly stated on the specific promotion, promotional codes cannot be used in conjunction with any other offer or promotion, cannot be used to purchase gift cards and can only be used against full price items. We reserve the right to change or terminate any promotion without notice at any time.
13.0 HOW TO PAY
13.1 You can only pay for items on our Site using any one of the following methods: debit card, credit card, Paypal, Apple Pay, Pay by Amazon, Pay with Klarna, or any other methods which may be clearly indicated on our Site from time to time. Please note exclusions may apply with the availability of payment methods.
13.2 When you use a payment card you confirm that the card being used is yours or that you have been specifically authorized by the owner of the payment card to use it.
13.3 All payments are subject to validation checks and authorization by the payment service provider. If the payment service provider refuses to authorize payment to us, we will not be liable for any delay or non-shipment.
13.4 Payment for the Goods and all applicable shipping charges is required in advance. When placing your order we carry out a standard pre-authorization check on your payment service provider which will ring fence the order value in your account, therefore these funds will not be available for use and may show in your pending payments. The hold will stay on your account until payment of the goods is processed on dispatch of your order. If you cancel your order prior to dispatch we will reverse the authorization hold. Please note that your payment service provider may take up to 30 days to release the pre-authorised funds. Once ESCADA has processed a cancellation, we have no control over the timeframe in which the funds will be returned to you, or any further visibility of the transaction - please direct any queries to your payment service provider.
13.5 If you choose to pay by Paypal, you will be directed to the PayPal site to 'Log In' and review the amount to be paid before completing your purchase. Once this transaction is complete, you will then return to our site.
13.6 If you choose to pay by Klarna, you will be directed to the Klarna site to 'Log In' and review the amount to be paid before completing your purchase. Once this transaction is complete, you will then return to our site. Klarna offering differs slightly by region based on eligibility and is not available in ESCADA stores. Klarna payments are subject to your financial circumstances and is an independent payment service provider and ESCADA has no influence over whether your payment with Klarna is accepted or not. For more information, please visit Klarna's Terms and Conditions. If you experience any issues with your payment, please contact the Klarna Customer Service team who are available 24/7 across phone and chat.
14.0 DISPUTES
In the unlikely event that there is a dispute in relation to the goods supplied, any dispute or claim shall be governed and construed according to English law and shall be subject to the exclusive jurisdiction of the United Kingdom. If any provision of these Terms & Conditions is held by any Court or other authority to be invalid or unenforceable in whole or in part, then the validity of the rest of these Terms & Conditions and the remainder of the provision in question shall not be affected thereby
15.0 PRODUCT AUTHENTICITY
ESCADA does not trade via eBay, the Real Real or any other auction website. We are not able to verify the authenticity or quality of any item sold on such a site under the ESCADA brand name.
16.0 DATA PROTECTION AND PRIVACY
We use the information that we collect about you to:
a) Process your order expeditiously and efficiently.
b) In order to enable the goods to be shipped to you we have to pass on your address to our third party couriers. If it is in our possession we will also pass on details of your telephone number in order to allow our couriers to contact you directly in the event of a query regarding shipping.
c) Contact you regarding forthcoming offers by email only.
Credit card and debit card details are checked and verified by a third party and goods are only dispatched once authorization has been obtained.
To ensure that your credit, debit or charge card is not being used without your consent, we will validate name, address and other personal information supplied by you during the order process against appropriate third party databases. By accepting these terms and conditions you consent to such checks being made. In performing these checks personal information provided by you may be disclosed to a registered Credit Reference Agency which may keep a record of that information. You can rest assured that this is done only to confirm your identity, that a credit check is not performed and that your credit rating will be unaffected. All information provided by you will be treated securely and strictly in accordance with our Privacy Policy.
We may use information concerning you for payment recovery or to investigate any possible fraud in the event that credit or debit card payments have been used in a fraudulent manner. Please note that we may be required to disclose information concerning you if requested to do so by the police.
We may at any time terminate this agreement without notice to you.
All card data you choose to save within your account for future purchases with us here at ESCADA is stored securely and within level 1 PCI compliant data centers.
For full details please see our Privacy & security section.
16.1 Children's data protection
As per the Children's data protection act, if you are under the age of 18, you are not permitted to submit any information to ESCADA (UK) LIMITED. ESCADA.COM is intended for users who are 18 years of age and older.
16.2 California privacy rights
Under the California Civil Code sections 1798.89 - 1798.84. California residents are entitled to ask for a full notice describing our disclosure of personal information to third parties for their direct marketing purposes. To request a copy of this notice please submit a written request to the following address:
Escada (UK) Limited
Broadhurst House c/o Escada Shared Sevrices Ltd.,
56 Oxford Street, Manchester, England, M16EU.
17.0. SHIPPING & RETURNS ISSUES
17.1 Shipping issues
(a) If you have not received your order or item(s), please check the tracking details provided in the dispatch email to locate your parcel.
(b) Some items may be shipped separately under separate tracking numbers due to being sourced from a store and will take longer.
(c) For home delivery to consumers, we only ask for a signature if the shipper has opted for this option. The signature is immediately displayed in track and trace Check the communication from the courier regarding your shipment, and where necessary, provide the necessary information from them to ship your parcel successfully. Please note that North American orders shipped via DHL follow DHL Delivery practices which can be viewed here:
(d) Our shipping partners are following strict government guidelines for the safe and secure shipping of orders. Please note shipping may be subject to delays. A signature may not be required, and couriers may provide photo evidence of shipment.
(e) If you are unavailable at the time of shipping and have not selected a shipping preference, your parcel will be left in a safe place by default (such safe place as deemed appropriate by the courier), or left with a neighbor. The courier will attempt shipment the next business day if unable to successfully ship on their initial visit.
If you are still unable to locate your parcel, please email us at support@escada.com with your order number and tracking number.
In the event that the shipment has been lost, damaged in transit or is missing item(s, ESCADA will open an investigation with the courier on your behalf.
ESCADA can raise an investigation for orders within 25 days of shipment.
(a) Per industry standard practice, you will be required to complete a Declaration Form which enables ESCADA to open the investigation with the courier. This will be sent to you via email by Customer Support. We are unable to open an investigation without a completed Declaration Form.
(b) The data provided in the Declaration Form is essential for the courier team to undertake their investigation effectively. If information is omitted or inaccurate, then this will result in delays to the processing of your claim.
(c) ESCADA will await the outcome of the courier investigation and use information from our distribution centers and/or store network to provide an outcome to your claim. This can take 10 business days and may take longer during busier periods.
(d) All claims will be evaluated individually, and outcomes are made according to the shipping and returns policies, the terms of sale and the findings of the courier investigation.
(e) ESCADA cannot accept liability for claims where sufficient evidence of successful shipment to the correct address has been demonstrated by the courier. For the avoidance of doubt, this also includes evidence of (without limitation) safe place shipment, photographic evidence, geolocation and courier adherence to customer shipping preferences.
17.2 Returns issues
If you have not received your refund, review your returns tracking number to confirm receipt of your returned parcel.
If the return cannot be located, contact support@escada.com for advice on next steps.
In the event that the shipment has been lost, damaged in transit or is missing item(s) ESCADA will open an investigation with the courier on the customer’s behalf.
(a) Per industry standard practice, you will be required to complete a Declaration Form which enables ESCADA to open the investigation with the courier. This will be sent to you via email by Customer Support. We are unable to open an investigation without a completed Declaration Form.
(b) The data provided in the Declaration Form is essential for the courier team to undertake their investigation effectively. If information is omitted or inaccurate, then this will result in delays to the processing of your claim.
(c) ESCADA will await the outcome of the courier investigation and use information from our distribution centers and/or store network to provide an outcome to your claim. This can take 10 business days and may take longer during busier periods.
(d) All claims will be evaluated individually, and outcomes are made according to the shipping and returns policies, the terms of sale and the findings of the courier investigation.
(e) ESCADA cannot accept liability for claims where sufficient evidence of successful shipment to the correct address has been demonstrated by the courier. For the avoidance of doubt, this also includes evidence of (without limitation) safe place shipment, photographic evidence, geolocation and courier adherence to customer shipping preferences.
18.0 EVENTS OUTSIDE OUR CONTROL
18.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clause 15.2.
18.2 An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation: strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, severe weather conditions, flood, earthquake, subsidence, epidemic, pandemic or other natural disaster, adverse weather conditions, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport
18.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
(a) we will contact you as soon as reasonably possible to notify you; and
(b) our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our shipping of Goods to you, we will arrange a new shipment date with you after the Event Outside Our Control is over.
18.4 You may cancel a Contract affected by an Event Outside Our Control which has continued for more than 30 days. To cancel please contact us. If you opt to cancel, you will have to return (at your cost) any relevant Goods you have already received and we will refund the price you have paid, including any shipping charges
19.0 CUSTOMER REVIEWS
Sometimes we like to repost product reviews our customers leave on social media platforms (“Posts”). Before we do this, we’ll send you an email or a DM requesting permission to do so.
By consenting, you provide ESCADA with the following:
(a) a worldwide, royalty free, license to use the Posts in connection with the exploitation, marketing, advertising and promotion of the ESCADA brand and/or its products on the ESCADA website and its social media platforms; and
(b) a non-exclusive, worldwide, royalty free license to use your name, voice, image, and/or likeness as comprised in the Posts to the fullest extent in connection with the purposes set out above.
You may request that we do not use your Posts in such a way by writing to us at support@escada.com
Any personal information collected by us will be processed in accordance with our Privacy Policy.
