Terms and conditions

 

1. General
Access to and use of this Website and the products and services available
through this Website (collectively, the "Services") are subject to the following

terms, conditions and notices (the "Terms of Service"). By using the Services,
you are agreeing to all of the Terms of Service, as may be updated by us from
time to time. You should check this page regularly to take notice of any
changes we may have made to the Terms of Service. Access to this Website
is permitted on a temporary basis, and we reserve the right to withdraw or
amend the Services without notice. We will not be liable if for any reason this
Website is unavailable at any time or for any period. From time to time, we
may restrict access to some parts, or all, of this Website

2. Terms of Sale

By placing an order you are offering to purchase a product on and subject to
the following terms and conditions. All orders are subject to availability and
confirmation of the order price. Despatch times may vary according to
availability and any guarantees or representations made as to delivery times
are limited to mainland France and subject to any delays resulting from postal
delays or force majeure for which we will not be responsible. Please see our
Delivery Charges notice for further information. In order to contract with Daniel
Essa you must be over 18 years of age and possess a valid credit or debit
card issued by a bank acceptable to us. Daniel Essa retains the right to refuse
any request made by you. If your order is accepted we will inform you by
email. When placing an order you undertake that all details you provide to us
are true and accurate, that you are an authorised user of the credit or debit
card used to place your order and that there are sufficient funds to cover the
cost of the goods

a) Our Contract When you place an order, you will receive an
acknowledgement e-mail confirming receipt of your order: this email will only
be an acknowledgement and will not constitute acceptance of your order. A
contract between us will not be formed until we send you confirmation by e-
mail that the goods which you ordered have been despatched to you. Only
those goods listed in the confirmation e-mail sent at the time of despatch will
be included in the contract formed

b) Pricing and Availability Whilst we try and ensure that all details,
descriptions and prices which appear on this Website are accurate, errors
may occur. If we discover an error in the price of any goods which you have
ordered we will inform you of this as soon as possible and give you the option
of reconfirming your order at the correct price or cancelling it. If we are unable

to contact you we will treat the order as cancelled. If you cancel and you have
already paid for the goods, you will receive a full refund. All prices are
inclusive of VAT within the EU. Delivery within the France will be free of
charge.

c) Payment Upon receiving your order we carry out a standard pre-
authorisation check on your payment card to ensure there are sufficient funds
to fulfill the transaction. Goods will not be dispatched until this pre-
authorisation check has been completed

d) Please be aware that orders from Non-EU countries have the Value Added
Tax (VAT) at 20% deducted at source when you select the country of delivery
on our website. Customers may incur some Duty or Tax payment on delivery
depending on your country's import laws. This is not the responsibility of
Daniel Essa Shoes. Any parcels returned to us due to the customer refusing
to pay local duty will be refunded LESS the cost of the return postage to us

 

3. Privacy Policy and Cookies

Our privacy policy, which sets out how we will use your information, can be
found under heading #14 below under "Detailed Privacy Policy". By using this
Website, you consent to the processing described therein and warrant that all
data provided by you is accurate.

 

4. Prohibitions

You must not misuse this Website. You will not: commit or
encourage a criminal offence; transmit or distribute a virus, trojan, worm, logic
bomb or post any other material which is malicious, technologically harmful, in
breach of confidence or in any way offensive or obscene; hack into any
aspect of the Service; corrupt data; cause annoyance to other users; infringe
upon the rights of any other person's proprietary rights; send any unsolicited
advertising or promotional material, commonly referred to as "spam"; or
attempt to affect the performance or functionality of any computer facilities of
or accessed through this Website. Breaching this provision would constitute a
criminal offence under the Computer Misuse Act 1990. Daniel Essa Shoes
Limited (“Daniel Essa”) will report any such breach to the relevant law
enforcement authorities and disclose your identity to them. We will not be
liable for any loss or damage caused by a distributed denial-of- service attack,
viruses or other technologically harmful material that may infect your
computer equipment, computer programs, data or other proprietary material

due to your use of this Website or to your downloading of any material posted
on it, or on any website linked to it.

5. Intellectual Property

Software and Content The intellectual property rights
in all software and content made available to you on or through this Website
remains the property of Daniel Essa or its licensors and are protected by
copyright laws and treaties around the world. All such rights are reserved by
Daniel Essa and its licensors. You may store, print and display the content
supplied solely for your own personal use. You are not permitted to publish,
manipulate, distribute or otherwise reproduce, in any format, any of the
content or copies of the content supplied to you or which appears on this
Website nor may you use any such content in connection with any business
or commercial enterprise. You shall not modify, translate, reverse engineer,
decompile, disassemble or create derivative works based on any software or
accompanying documentation supplied by Daniel Essa. No licence or consent
is granted to you to use these marks in any way, and you agree not to use
these marks or any marks which are similar without the written permission of
Daniel Essa

6. Disclaimer of Liability

The material displayed on this Website is provided
without any guarantees, conditions or warranties as to its accuracy. Unless
expressly stated to the contrary to the fullest extent permitted by law Daniel
Essa hereby expressly excludes all conditions, warranties and other terms
which might otherwise be implied by statute, common law or the law of equity
and shall not be liable for any damages whatsoever, including but without
limitation to any direct, indirect, special, consequential, punitive or incidental
damages, or damages for loss of use, profits, data or other intangibles,
damage to goodwill or reputation, or the cost of procurement of substitute
goods and services, arising out of or related to the use, inability to use,
performance or failures of this Website, irrespective of whether such damages
were foreseeable or arise in contract, tort, equity, restitution, by statute, at
common law or otherwise. This does not affect Daniel Essa’s liability for death
or personal injury arising from its negligence, nor for fraudulent
misrepresentation, misrepresentation as to a fundamental matter or any other
liability which cannot be excluded or limited under applicable law

7. Linking to this Website

You may link to our home page, provided you do so
in a way that is fair and legal and does not damage our reputation or take

advantage of it, but you must not establish a link in such a way as to suggest
any form of association, approval or endorsement on our part where none
exists. You must not establish a link from any website that is not owned by
you. This Website must not be framed on any other site, nor may you create a
link to any part of this Website other than the home page. We reserve the
right to withdraw linking permission without notice. Disclaimer as to ownership
of trade marks, images of personalities and third party copyright Except where
expressly stated to the contrary all persons (including their names and
images), third party trade marks and images of third party products, services
and/or locations featured on this Website are in no way associated, linked or
affiliated with Daniel Essa and you should not rely on the existence of such a
connection or affiliation. Any trade marks/names featured on this Website are
owned by the respective trade mark owners. Where a trade mark or brand
name is referred to it is used solely to describe or identify the products and
services and is in no way an assertion that such products or services are
endorsed by or connected to Daniel Essa. 

8. Indemnity

You agree to indemnify, defend and hold harmless Daniel Essa,
its directors, officers, employees, consultants, agents, and affiliates, from any
and all third party claims, liability, damages and/or costs (including, but not
limited to, legal fees) arising from your use this Website or your breach of the
Terms of Service

9. Variation

Daniel Essa shall have the right in its absolute discretion at any
time and without notice to amend, remove or vary the Services and/or any
page of this Website.

10. Invalidity

If any part of the Terms of Service is unenforceable (including
any provision in which we exclude our liability to you) the enforceability of any
other part of the Terms of Service will not be affected all other clauses
remaining in full force and effect. So far as possible where any clause/sub-
clause or part of a clause/sub-clause can be severed to render the remaining
part valid, the clause shall be interpreted accordingly. Alternatively, you agree
that the clause shall be rectified and interpreted in such a way that closely
resembles the original meaning of the clause /sub-clause as is permitted by
law

11. Complaints

We operate a complaints handling procedure which we will
use to try to resolve disputes when they first arise, please let us know if you
have any complaints or comments

12. Waiver

If you breach these 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

13. Governing Law and Jurisdiction 

These terms and conditions are to be
construed in accordance with the laws of France and in the event of any
dispute or claim associated with these terms and conditions, that dispute or
claim shall be subject to the exclusive jurisdiction of the French courts

14. Entire Agreement

The above Terms of Service constitute the entire
agreement of the parties and supersede any and all preceding and
contemporaneous agreements between you and Daniel Essa. Any waiver of
any provision of the Terms of Service will be effective only if in writing and
signed by a Director of Daniel Essa

15. Detailed Privacy Policy
Your Privacy
Daniel Essa Shoes Limited (Daniel Essa) is totally committed to protecting the
privacy of our site visitors and customers. We will not disclose information
about our customers to third parties except where it is part of providing a
service to you – e.g. arranging for a product to be sent to you, carrying out
credit and other security checks and for the purposes of customer research
and profiling or where we have your express permission to do so
Your Consent
We will not sell your name, address, e-mail address, credit card information or
personal information to any third party (excluding partners from whom you
may have linked to our site) without your permission.

Communication and Marketing
If you have made a purchase from any of our retail premises or on-line shop,
we may occasionally update you on our latest products, news and special
offers via e-mail, post and telephone

Cookie Policy

A cookie is a small information file that is sent to your computer and stored on
your hard drive. If you use our website like many others, your computer will
store cookies which will save you time each time you visit the site. It is used to
remember your preferences such as size, colour, fit, preferred sole, country
and if you have added any items to a basket. We display a warning message
and if you continue to use the site, we assume you are happy to receive the
cookie that make the site work. You can clear this message, which also stores
a cookie so we don't have to keep asking you. You can change the settings
on your browser to prevent cookies being stored on your computer without
your explicit consent. Different browsers and computers vary how they handle
this to please check help pages within the browser you use. Site Statistics We
may disclose aggregate, anonymised statistics about the number of visitors to
this Website or number of purchases made as required by our investors. We
use an independent measurement and research company to gather data
regarding the visitors to this Website on our behalf using cookies and code
which is embedded in the site. Both the cookies and the embedded code
provide statistical information about visits to pages on the site, the duration of
individual page view, paths taken by visitors through the site, data on visitors'
screen settings and other general information. Daniel Essa uses and stores
this type of information, as with that obtained from other cookies used on the
site, to help it improve the services to its users.
Transfers of your Information
The information that we collect from you may be transferred to, and stored at,
a destination outside the European Economic Area ("EEA"). It may also be
processed by staff operating outside the EEA, for example, be required in
order to process your payment details. Unfortunately, the transmission of
information via the Internet is not completely secure. We will do our best to
protect your personal data, but cannot guarantee the security of data
transmitted to our site; any transmission is at your own risk. Once we have
received your information, we will use strict procedures and security features
to try to prevent unauthorised access. Disclosures of your information We
may disclose your personal information to third parties: in the event that
Daniel Essa sells or buys any business or assets; if Daniel Essa or
substantially all of its assets are acquired by a third party, in which case
personal data which we hold about our customers may be one of the

transferred assets; or if we are under a duty to disclose or share your
personal data in order to comply with any legal obligation, or in order to
enforce or apply our terms of; or to protect the rights, property, or safety of
Daniel Essa, our customers, or others. This includes exchanging information
with other companies and organisations for the purposes of fraud protection
and credit risk reduction. Third party sites Our site may contain links to and
from the websites of our partner networks, advertisers and other third parties.
If you follow a link to any of these websites, please note that they have their
own privacy policies and that we do not accept any responsibility or liability for
these policies. Please check these policies before you submit any personal
data to these websites.
Checking your Detail

If you wish to verify the details you have submitted to Daniel Essa you may do
so by contacting us via the e-mail address or address given below. Our
security procedures mean that we may request proof of identity before we
reveal information. This proof of identity will take the form of your e-mail
address and password submitted upon registration. You must therefore keep
this information safe as you will be responsible for any action which we take in
response to a request from someone using your e-mail and password. We
would strongly recommend that you do not use the browser's password
memory function as that would permit other people using your terminal to
access your personal information. Contacting us Daniel Essa Shoes Limited
(at the address below) is the data controller for the purpose of the Data
Protection Act 1998 (the Act). You have the right to access the information
which Daniel Essa holds about you and your right of access can be exercised
in accordance with the Act. Any access request may be subject to a fee of
£10 to meet our costs in providing you with details of the information we hold
about you. We are always pleased to hear from our customers and you can
contact us at info@danielessa.com or at: Daniel Essa
42 Place des Cousins – 59650 – Villeneuve d’Ascq – France.

Payments and Security

When you select to pay by card you will be transferred to the secure section
of our website where your payment will be processed using Securetrading as
our integrated payment provider.

If you choose to pay by Paypal or Amazon Payments you will be transferred
to the secure section of their website where your payment will be processed,
you will then be directed back to the Daniel Eassa site where you will see
confirmation that your order has been successful.

Verified by Visa and Mastercard SecureCode

To increase the security of Internet transactions Visa and Mastercard have
introduced 3D-Secure (like an online version of Chip and Pin). Depending on
the card you have chosen to use, when you confirm your payment you may
be asked by your card issuer for further authentication.
Secure Trading will immediately contact your bank/card issuer for
authorisation to take payment from your account. PayPal will immediately
contact your bank/card issuer for authorisation to take payment from your
account or you can use your current PayPal balance.
If the payment is authorised, you will receive an e-mail within a few minutes
confirming your order.
If the payment is not authorised by your bank/card issuer you will receive an
e-mail within a few minutes advising you of the reason why.
We sometimes see problems when customers try to place orders from the US
because their bank routinely blocks the transaction to our FRANCE site. If you
have had this sort of problem, (perhaps it said 'declined') we suggest that you
contact your credit card company to confirm that you wish them to authorise
the transaction. You can then retry the payment.
Our website and payment gateway use 128bit Secure Socket Layer (SSL)
encryption to secure data transmission between the web server and your web
browser. This is the industry standard and currently the highest level of
encryption commercially available.

When you check out, your browser will make a connection to the secure
payments section of the secure Trading or PayPal server. Your browser will
show a padlock in the bottom right corner to indicate that it has made a
secure connection and depending on your browser a window may pop-up to
notify you that you are entering this safe area.
If you see an unbroken key or a closed lock then, depending upon your
browser, SSL is active. You can also double check by looking at the URL line
of your browser – while accessing a secure server the first characters of the
address will change from HTTP to HTTPS.
For PCI DSS Compliance we do not store your credit/card payment
information anywhere on our site.
For more information about Secure Trading please visit
www.securetrading.com for more information about PayPal please visit:
www.paypal.com