GENERAL TERMS AND CONDITIONS OF SALE
GENERAL TERMS AND CONDITIONS OF SALE
Version date: 07/06/2024
These General Terms and Conditions of Sale cover sales of LONGCHAMP goods by:
LONGCHAMP AUSTRALIA PTY LTD, a private company limited by shares with a share capital of A$1, whose head office is located at c/o MinterEllison, Level 40, Governor Macquarie Tower 1 Farrer Place Sydney NSW 2000, Australia, ABN 37 627 941 940 represented by Mr. Jean CASSEGRAIN
The items are sold by distance selling, by telephone (call or SMS), by e-mail, or via the following website URLs and in the languages listed below:
|
Country |
Language |
Website URL |
|
Australia |
English |
|
|
New Zealand |
English |
Please note: The right of withdrawal does not apply to personalised items. For collection items you may exercise your right of withdrawal within thirty (30) calendar days upon receiving your order. There is no penalty and no reason is required.
Placing an order implies full and entire acceptance of the present General Terms and Conditions of Sale, which can be accessed at any time including when the order is placed. You are advised to print out and keep a copy of these General Terms and Conditions of Sale for future reference. Unless alternative evidence is provided, the data that we record constitutes evidence of transactions and their date.
The General Terms and Conditions of Sale constitute the sole agreement between the parties and shall prevail over any other document. They may be modified at any moment. New General Terms and Conditions of Sale shall apply to any order placed after they have been made available on the website.
Website orders and distance sales orders in general are only available to individuals and to "end buyer" companies which do not intend to resell the goods. It is strictly forbidden for buyers to resell LONGCHAMP items in a professional capacity.
Please do not hesitate to contact our Online Customer Service department for any information, question, advice or order query:
|
Telephone number |
Opening hours (Monday to Friday) |
E-mail address |
Postal address |
|
1800 845 145 |
12pm – 10pm |
LONGCHAMP – Online Customer Service 1503, Vogue Centre, 696 Castle Peak Road, Kowloon, Hong Kong |
ARTICLE 1 – THREE ITEM TYPES AVAILABLE FOR SALE ON OUR WEBSITE
- A selection of collection items from classic and new LONGCHAMP ranges.
- Personalized articles, called "My Pliage" on the site, created and manufactured according to your specifications in the exclusive limit of the choices proposed at the time of the order.
These items are only offered for distance sales through our website; - Items from our previous collections. These items are offered for sale via the "Previous Collections" section of the site, when this section is available on the site.
Stock may be limited for certain items. Information on item availability is provided when the order is placed.
ARTICLE 2 – ITEM UNIT PRICES AND TOTAL ORDER AMOUNT
Item prices are shown Inclusive of Tax (at the GST rate in force when on the date on which your order is placed), excluding any shipping costs or customs duties. Prices are shown in Australian dollars.
Prices are subject to change at any time. Items are billed based on the prices in force when the order is placed.
The total projected order amount is shown at each order confirmation stage.
ARTICLE 3 – ORDERS
3.1. Orders per customer are limited to a total maximum amount of AUD sixteen thousand and five hundred (16,500) Incl. of Tax or NZD eighteen thousand one hundred and seventy-one (18,171) Incl. of Tax (excluding any shipping costs or customs duties). Please note that the order may not contain more than:
- Three (3) identical items (identical model, material and colour); and/or
- Ten (10) items in total.
In addition, each customer shall be limited to twenty (20) items over each period of twelve (12) consecutive months, regardless of their credentials.
3.2. Orders must be placed in accordance with the following process:
- Selection of item(s):
- For collection items: Select colour;
- For personalised items: Select the design and then follow the steps to personalise;
- Gift option and add a personal message;
- Select delivery type and billing address;
- Bank details;
- Accept General Terms and Conditions of Sale;
- Confirm order by clicking/pressing the 'PAYMENT' button.
The contents of your basket are visible at each order confirmation stage.
Once the order has been placed, you will receive a printable order confirmation e-mail which serves as your purchase order. This e-mail will include:
- These General Terms and Conditions of Sale,
- Contact details for our Online Customer Service department,
- Information on the right of withdrawal,
- The Returns/Exchanges Policy.
You will receive a shipping confirmation e-mail when your order is dispatched.
Your invoice can be accessed from your customer account.
3.3. Please Note
For personalized items, you have twenty-four (24) hours since you place your order to cancel your order. In order to do so, please contact us by e-mail at the address shown in the table at the top of these General Terms and Conditions.
We reserve the right to reject any unusual orders or orders placed in bad faith, or on any other legitimate grounds, including your breach of any of these terms of this agreement.
3.4. Specific case of orders placed by telephone (call or SMS) or e-mail:
You will receive an e-mail containing a link to the Adyen payment platform. On this platform you can:
- make payment for your order;
- accept the General Terms and Conditions of Sale;
- validate your order.
Once the order has been placed, you will receive a printable order confirmation e-mail which serves as your purchase order. This e-mail will include:
- these General Terms and Conditions of Sale,
- contact details for our Online Customer Service department,
- information on the right of withdrawal,
- The Returns/Exchanges Policy.
You will receive a shipping confirmation e-mail when your order is dispatched.
ARTICLE 4 – PAYMENT
Your purchases must be paid for by payment card, PayPal account or Apple Pay account when ordering. Accepted payment methods include Visa, Mastercard and American Express, PayPal, JCB, Diners, Apple Pay and Discover.
Payment is made via the Adyen payment platform for telephone or e-mail orders.
Your bank card, your PayPal account or your Apple Pay account will be debited:
- For personalised items: twenty-four (24) hours after your order has been placed, in the order currency;
- For collection items: at the time of dispatch of your order.
The bank details you send via the website to an approved banking institution (or via the Adyen online payment platform for telephone or e-mail orders) is kept confidential in a secure environment (SSL protocol).
We do not store payment card numbers on our website – they are stored on the secure bank website.
In order to prevent payment card fraud through online payments, we verify the credentials of the information that you provide when placing your order.
We also verify that the payment card address matches the billing address.
We also reserve the right to request additional information or documents (photocopy of ID, proof of address etc.) in order to confirm your purchase and dispatch your parcel. Such requests will be made by e-mail or phone, in the following cases:
- For an order with a delivery address which does not match the billing address;
- For new customers;
- For orders of AUD two hundred (200) or more or/ NZD two hundred and twenty (220) or more.
We shall retain full ownership of the items sold until the full amount has been paid, including GST and any shipping costs or customs duties.
ARTICLE 5 – DELIVERY
With distance selling, you have a choice of several delivery methods:
- Home delivery;
Click & Collect: You can come and collect your order free of charge in one of the stores listed when placing your order.
5.1. DELIVERY AND DESTINATION
The items on sale are delivered based on the following terms:
|
Website URL |
Delivered territories* |
|
ACT – Australian Capital Territory NSW – New South Wales NT – Northern Territory QLD – Queensland SA – South Australia TAS – Tasmania VIC – Victoria WA – Western Australia NZ - New Zealand |
Delivery will be made to the address specified when your order was placed.
We cannot deliver to any Longchamp authorised sales outlet, hotel, warehouse.
We cannot be held responsible for any order that you have not received but which has been delivered to the address indicated when you placed your order (including when the address indicated on the website corresponds to a warehouse or a parcel forwarding platform).
For information and for increased efficiency, Adyen analyses all data provided.
We insure all items until they are delivered.
5.2. DELIVERY - FEE
|
Means of delivery in Australia |
Fee |
|
Home Delivery – Premium Delivery |
Free of charge on or above AUD 200 otherwise AUD 12 |
|
Click & Collect |
Free of charge |
|
Means of delivery in New Zealand |
Fee |
|
Home Delivery – Premium Delivery |
The amount will be specified when the order is placed by telephone |
5.3. DELIVERY TIMES
The delivery time is shown during the order process, prior to confirmation. Unless any specific time frames are provided for holiday periods; for Australia you will receive your delivery within a maximum of:
|
Type of items |
Shipping Service |
Australian region |
Delivery Date |
|
Collection items |
Home Delivery – Premium Delivery |
NSW / ACT / VIC / QLD / SA / TAS |
Orders placed before 3pm AEST will be delivered within 1 to 3 business days |
|
Orders placed after 3pm AEST will be delivered within 2 to 3 business days |
|||
|
WA / NT |
Orders placed before 3pm AEST will be delivered within 2 to 4 business days |
||
|
Orders placed after 3pm AEST will be delivered within 3 to 5 business days |
|||
|
Click & Collect* |
NSW / QLD / VIC |
Available within 2 hours or 2-3 days, subject to stock availability |
|
|
Personalised items |
Home Delivery |
ACT / NSW / NT / QLD / SA / TAS / VIC / WA |
6-8 weeks after the order has been placed |
The delivery time is shown during the order process, prior to confirmation. Unless any specific time frames are provided for holiday periods; for New Zealand you will receive your delivery within a maximum of:
|
Type of items |
Shipping Service |
Delivery Date |
|
Collection items |
Home Delivery – Premium Delivery |
Orders will be delivered within 8 to 12 business days |
If you have not received your order within the time frame provided
ð If you have received the shipping confirmation e-mail, but you have not received your order within the time frame provided:
You can contact the courier at the following: https://startrack.com.au
For any queries, you can contact us at the e-mail address shown in the table at the top of these General Terms and Conditions.
ðIf you have not received your delivery within the time frame provided:
You may request that we complete the delivery within an additional reasonable time frame, by registered letter with a delivery receipt or in another hard copy format.
Should we fail to deliver by that date, you may cancel the sale, by registered letter with a delivery receipt or in another hard copy format.
The sale will be deemed to be cancelled as soon as we have received the letter or hard copy informing us thereof, unless we have made delivery in the interim period.
We will then refund you for all amounts paid on order for the relevant item(s) and shipping costs, within no more that fourteen (14) days of the sale cancellation.
5.4. DELIVERY AND RECEIPT
5.4.1. PRECAUTIONS
Home Delivery:
Please contact our Online Customer Service department at the address shown in the table at the top of the present document if your package and/or item arrives in a damaged condition.
Click & Collect:
You must collect your package within fifteen (15) calendar days upon receipt of the email informing you that your package is available at the Longchamp store you chose when placing your order.
Please provide a valid form of ID and the order number you will have been given when collecting your package.
If you wish to have your order collected by another person, they must provide a piece of identification for themselves and for you.
If you are unable to collect your item(s) within this 15-day period, please contact our Online Customer Service department at the address shown in the table at the top of the present document.
5.4.2. RESERVATIONS
When you receive your order, please always check the condition of the parcel and the ordered item(s), and that the order is correct.
- Should you note any damage to your parcel or item, please note the damage on the courier delivery slip, and contact us immediately by e-mail at the address shown in the table at the top of these General Terms and Conditions. Please also retain the shipping packaging.
Please detail the relevant damage in your message (damp, holes, open parcel, etc.). In all cases, you have a period of three (3) days, not including public holidays, of receipt of your parcel to notify the courier of any reservations, by extrajudicial document or registered letter.
The recipient must note any damage or spoliation observed on delivery on the delivery slip, signed and dated, in the form of written, detailed and comprehensive reservations.
- If the delivered item(s) do(es) not match your order, you may return it/them in accordance with the procedures detailed below under 'Return' and 'Guarantees'.
ARTICLE 6 – RETURN – RIGHT OF WITHDRAWAL
Excluding the return scenarios set out by articles 5.3. (Delivery Delays), and 8.1. (Legal Guarantees), you may exercise your right of withdrawal under the following conditions:
6.1. PERSONALISED ITEMS
Given their unique and personal nature, personalised items cannot be returned or exchanged.
Therefore, the right of withdrawal does not apply to personalised items. We advise that you devote the necessary time and attention to creating your item.
6.2. COLLECTION ITEMS
6.2.1. POSTAL RETURNS
You have a period of thirty (30) calendar days of receiving your item(s) to exercise your right of withdrawal. Should your order contain several items delivered separately, this period begins from receipt of the final item.
Please go to our website, click on 'Contact' and complete the 'Returns & Exchanges' form within thirty (30) days of receiving your order.
Once your return request has been confirmed, we will send you a return reference number and a return label, along with instructions on how to finalise your return(s) directly.
Then you can drop the parcel at a Post Office or Street Post Box.
Please note that the return label that will be sent to you for the return of your product(s) can only be used in Australia (we only cover the cost of returning products when they are sent from Australia). Consequently, if you are returning a product from another country, you will be responsible for the return postage costs.
In all cases, please ensure that all items returned are complete (manual, accessories, etc.), in their original condition, with their original packaging, and provide a copy of your invoice. Incomplete, used, damaged or sullied returned items will not be accepted.
6.2.2. STORE RETURNS
Please return your item(s) within 30 days of receiving your order to the Longchamp Store of your choice in Australia. You may not return items to the department stores, Outlet Stores, multibrand distributors, or Airport and Duty-Free Stores.
Please do not forget to bring your receipt, as a return can only be made if your receipt / invoice is provided.
We will then refund you in full the value of the returned item(s), excluding any shipping fees associated with the order, unless the item(s) contains a defect for which Longchamp is responsible.
In accordance with the legal provisions in force, refunds can be sent to payment cards only, with your prior express acceptance. Should you fail to accept these terms, you may only exercise your right of withdrawal by post, in accordance with the process described under 6.2.1.
Please note: items from previous collections (= items bought via the "Previous Collections" section of the site) cannot be returned to stores. Please return such items by post following the procedure described in Article 6.2.1. above.
6.2.3. PROVISIONS WHICH APPLY FOR POSTAL AND STORE RETURNS
We offer free returns as long as your return request was made within thirty (30) days of receiving your order.
We undertake to fully refund you the value of the returned item(s), excluding any shipping fees associated with the order, unless the item(s) contains a defect for which Longchamp is responsible.
As a result, we will not refund the original shipping fees you paid at purchase to have the item(s) shipped to you, or the cost of any packaging you provide to send the items back to us.
The refund will be sent to the payment method used for the initial transaction, as soon as possible and no later than fourteen (14) days following notification of your decision to return your item(s).
We however reserved the right to defer the refund until we have received the item(s) in question, or until you have provided proof of shipping of this/these item(s) (the first of these dates shall be used).
ARTICLE 7 – EXCHANGES
7.1. PERSONALISED ITEMS
Given their unique and personal nature, personalised items cannot be exchanged.
7.2. COLLECTION ITEMS
Items may be exchanged in any LONGCHAMP Stores located in Australia. You may not return items to the department stores, Outlet Stores, multibrand distributors, or Airport and Duty-Free Stores.
Please do not forget to bring your receipt, as a return can only be made if your receipt / invoice is provided.
No time limits apply to items from the current season's collection (Spring/Summer collection from January to the start of July, and Autumn/Winter collection from July to the beginning of January).
You may exchange your item(s) according to the following terms:
|
The item that you wish to receive in exchange is of a higher value |
Country |
The item that you wish to receive in exchange is of a lower value |
|
|
You must pay the difference between the value of this item and the value of the ordered item. |
Australia |
Difference of over AUD 165 or NZD 180 : |
Difference of under AUD 165 or NZD 180 : Difference will be refunded to the payment card. |
The returned items must be complete (manual, accessories, etc.), in their original condition and with their original packaging, as well as a copy of the invoice. Any item returned incomplete, used, damaged or sullied may not be exchanged or returned.
ARTICLE 8 – GUARANTEES – AFTER-SALES SERVICE – LIABILITY
8.1. STATUTORY GUARANTEES
The items on sale comply with current regulations. They are the product of LONGCHAMP's know-how and quality and are covered by the relevant statutory guarantees.
In order to implement the statutory guarantees, please contact us by e-mail at the address shown in the table at the top of these General Terms and Conditions. We will carry out checks before advising you of the process to follow.
Australian Consumer Guarantee
Our goods come with guarantees that cannot be excluded under the Australian Consumer Law.
You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
New Zealand Consumer Guarantees
Where you are a New Zealand consumer for the purposes of the New Zealand Consumer Guarantees Act 1993 and/or Fair Trading Act 1986 (New Zealand Consumer Law), New Zealand Consumer Law implies consumer guarantees in connection with the goods and their supply which cannot be excluded, restricted or modified. These General Terms and Conditions do not seek to exclude, restrict or modify any consumer guarantees under New Zealand Consumer Law and, where you are a New Zealand consumer, these General Terms and Conditions must in be read subject to New Zealand Consumer Law.
8.2. AFTER-SALES SERVICE
LONGCHAMP's After-Sales Service can provide repairs for wear of your item(s), as well as repairs which are covered by your Statutory Guarantees.
The best way to contact our After-Sales Service is at the e-mail address shown in the table at the top of these General Terms and Conditions.
You can also visit any LONGCHAMP Store or authorised LONGCHAMP reseller.
Without prejudice to any legal provisions in force, your item(s) will be sent to our workshops, who will take the appropriate decision.
- Should our workshops identify and confirm a manufacturing fault, we will repair your item(s) free-of-charge or replace it/them with a brand-new equivalent item.
- For items which have already been used, the repair may be charged (prices for the most common repairs are available from all sales outlets). The price will be provided when you hand over your item.
- Your item will not be repaired if it is too worn. If this is the case, it will be returned to you in its current condition.
8.3. LIABILITY
Please note that items may not appear exactly as they do on the screen, for which we shall not be held liable. Nor shall we be liable for the wording of the personal message which accompanies your gift and any consequences arising therefrom, nor for any unsuitable personalised choices (gifts included).
Moreover, we cannot be held liable or to be acting wrongfully due to any delay or non-performance due to a force majeure event.
Finally, please note that we cannot be held liable for any order placed by a minor, whether or not their parents have approved the order.
Nothing contained in these terms and conditions excludes, restricts or modifies the application of any provision, the exercise of any right or remedy, or the imposition of any liability under the Australian Consumer Law or New Zealand Consumer Law (if applicable), provided that, to the extent that the Australian Consumer Law or New Zealand Consumer Law (if applicable) permits us to limit our liability, then our liability is limited to the cost of replacing the goods, supplying equivalent goods or having the goods repaired, or payment of the cost of replacing the goods, supplying equivalent goods or having the goods repaired, and except in the case of a major failure (as that term is defined in the Australian Consumer Law) or substantial defect (as that term is defined in New Zealand Consumer Law, we can elect as between the remedies described in this paragraph.
ARTICLE 9 – RETENTION OF DOCUMENTS
For any order for AUD one hundred and twenty (120) or more, or NZD one hundred and thirty-two (132) we commit to retaining the documents related to the transaction for a duration of ten (10) consecutive years. We will ensure that you are able to access these documents at any time, on request.
ARTICLE 10 – PERSONAL DATA
The personal data that we collect is required to process your order. There is no intention at any time to sell, market or rent this data to any third party.
The information may be used for statistical, marketing analysis and customer relations purposes.
If you subscribe to our commercial offers, we may send you promotional offers, event invitations or news on the LONGCHAMP brand by post, e-mail, text message or phone, based on the contact methods which you have selected.
LONGCHAMP collects personal data for the following purposes:
|
Purpose |
Legal basis |
|
Creation and management of customer accounts |
Consent of the person concerned for this specific purpose (Article 6.1.a) of the EU Regulation 2016/679 of the European Parliament and of the Council of 27 April 2016) |
|
Sending LONGCHAMP promotional offers, events and news (subject to your prior agreement) |
|
|
Managing requests to subscribe and unsubscribe from commercial offers |
|
|
Generating statistics, market analysis and customer relation follow-up |
|
|
Hosting online competitions and informing winners |
|
|
Processing requests made via the online contact form |
|
|
Processing and tracking orders |
Performing a contract to which the person concerned is party or pre-contractual measures made at the latter's request (Article 6.1.a) of the EU Regulation 2016/679 of the European Parliament and of the Council of 27 April 2016) |
You may at any time withdraw your consent to the processing of your data for the above purposes, except for that related to the processing and tracking of orders.
Personal Data is collected on behalf of LONGCHAMP SAS, in its capacity as the Controller. Such data may be sent to other companies within the LONGCHAMP Group, and to its service providers in the European Economic Area.
Given the LONGCHAMP Group's international reach and in order to optimise the quality of our service, your personal data is likely to be sent outside the European Economic Area. LONGCHAMP however ensures that the necessary measures are in place for sufficient privacy protection and to guarantee secure data transfer.
Your data may also be sent to LONGCHAMP Store franchisees, for the commercial and promotional management of their sales outlets.
In any case, all data collected is strictly confidential and protected to prevent it from being altered, damaged or accessed by any unauthorised persons.
LONGCHAMP undertakes to ensure that your personal data is not kept any longer than is strictly necessary for the purposes described above.
In compliance with the French Data Protection Act No. 78-17 of 6 January 1978 as amended and EU Regulation 2016/679 of the European Parliament and of the Council of 27 April 2016, you have the right to access, rectify, and delete your personal data as well as a right to data portability and a right to oppose and limit the processing of this data, which you may exercise by writing to LONGCHAMP SAS, 43, rue Vineuse – 75116 PARIS , and must accompany your request with a copy of your proof of identity, or by using our online form available on our website Lonchamp.com. You may also contact our data protection officer (DPO) at the following address: dpo@longchamp.com. You have the right to submit a claim to the French Data Protection Authority (CNIL) by writing to: Commission Nationale Informatique et Libertés, 3 Place de Fontenoy - TSA 80715 - 75334 PARIS CEDEX 07.
Application of Australian Privacy Laws
If your information is collected from or held in Australia or collected by our Australian entity Longchamp Australia Pty Ltd ABN 37 627 941 940 (each an Australian Link), we may also be required to comply with the Australian Privacy Principles in the Privacy Act 1988 (Cth) (Privacy Act), which applies to us by virtue of our Australian business operations.
If you are not an EEA resident and your information has an Australian Link, our 'Australian Privacy Policy' will apply in addition to the provisions above regarding personal data. This policy sets out our requirements under the Privacy Act and how we manage, collect, share, and use personal information about you and how you can exercise your privacy rights.
Application of New Zealand Privacy Laws
If your information is collected or held in New Zealand or collected by our Australian entity Longchamp Australia Pty Ltd ABN 37 627 941 940, we may also be required to comply with the New Zealand Privacy Principles of the Privacy Act, as amended by the Privacy (Cross-border Information) Amendment Act of 7 September 2010 (Public Act No. 113 of 2010), which applies to us by virtue of our business activities in New Zealand.
If you are not a resident of the EEA and your information relates to New Zealand, our "New Zealand Privacy Policy" will apply in addition to the above provisions regarding personal data. This policy sets out our requirements under the Privacy Act and how we manage, collect, share and use your personal information and how you can exercise your privacy rights.
ARTICLE 11 – INTELLECTUAL PROPERTY
LONGCHAMP holds ownership rights or exclusive usage rights over the intellectual property rights to the website and all of its components, including trademarks, designs, copyright and domain names. Any partial or total reproduction of the website which is not solely for personal or private use is prohibited without LONGCHAMP's express approval.
ARTICLE 12 – APPLICABLE LAW & DISPUTES
These General Terms and Conditions of Sale, the order and any documents arising there from are governed by the laws of New South Wales, Australia, or where you are a New Zealand consumer, by the laws of New Zealand.
For any disagreement, we advise you to first contact us at the e-mail address shown in the table at the top of these General Terms and Conditions.
Should you fail to reach an amicable settlement with our Online Customer Service department, you may opt for a conventional mediation procedure or any other alternative dispute settlement process.
The courts of New South Wales or the courts of New Zealand shall have non-exclusive jurisdiction for disputes in which no amicable settlement can be obtained.