GENERAL TERMS AND CONDITIONS OF SALE

Version date: 23/07/2020

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. Philippe CASSEGRAIN, or any other company belonging to the LONGCHAMP Group

The company's website URL and language are as follows:

 

Country

Language

Website URL

Australia

English

www.longchamp.com/au/en

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 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-7pm

customerservice@longchamp.com.au

LONGCHAMP – Online Customer Service

ASM CHINA LIMITED

1503, Vogue Centre, 696 Castle Peak Road,

Kowloon, Hong Kong

 

ARTICLE 1 – TWO 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.

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 VAT 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 (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 on page 1 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.

 

ARTICLE 4 – PAYMENT

 

Your purchases must be paid for by payment card or by means of a Paypal account when ordering. Accepted payment methods include Visa, Mastercard and American Express, Paypal, JCB, Diners.

Your bank card or your Paypal account will be debited:

  • For personalised items: twenty four (24) hours after your order has been placed, in the order currency;
  • For collection items: No later than ten (10) days after your order has been placed, in the order currency.

Your purchases are entirely secure. Any information that you send via the website is transmitted confidentially to an approved banking institution, and is protected by a secure SSL environment.

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 three hundred and fifty (350) or more. 

We shall retain full ownership of the items sold until the full amount has been paid, including VAT and any shipping costs or customs duties.

 

ARTICLE 5 – DELIVERY

 

The website offers several delivery options:

 

  • Home delivery;

  • Click & Collect delivery for collection items only (purchase of an item in stock in a Longchamp store): You can come and collect your order free of charge in one of the stores listed when placing your order. Please note this delivery option is only available for collection items. Personalised items cannot be delivered to stores via Click & Collect.

5.1. DELIVERY AND DESTINATION

The items on sale are delivered based on the following terms:

Website URL

Delivered territories*

www.longchamp.com/au/en

ACT – Australian Capital Territory

NSW – New South Wales

NT – Northern Territory

QLD – Queensland

SA – South Australia

TAS – Tasmania

VIC – Victoria

WA – Western Australia

* Please note that Same-Day Delivery is only available to selected Melbourne postcodes.

Delivery will be made to the address specified when your order was placed.

We cannot deliver to any Longchamp authorised sales outlet, hotel, warehouse, PO Box.

For information and for increased efficiency, Cybersource analyses all data provided.

We insure all items until they are delivered.

 

5.2. DELIVERY - FEE

Means of delivery

Fee*

Home Delivery – Premium Delivery

AUD 12

Home Delivery – Same-Day Delivery

AUD 15

Click & Collect

Free of charge

* You will be informed of any shipping costs or customs duties during the order process, prior to confirmation.

 

5.3. DELIVERY TIMES

The delivery time is shown during the order process, prior to confirmation. Unless any specific ti

 me frames are provided for holiday periods, 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

Home Delivery – Same-Day Delivery*

Melbourne Metro Only

Orders placed from Mondays to Fridays before 12pm AEST will be delivered the same day

Click & Collect

ACT / NSW / NT / QLD / SA / TAS / VIC / WA

Available within 2 hours if order placed before 4PM AEST

Personalised items

Home Delivery

ACT / NSW / NT / QLD / SA / TAS / VIC / WA

4 weeks after the order has been placed

* Same-Day Delivery is only available to selected Melbourne postcodes. If you are eligible for this service, the option will appear during checkout (upon entering your postcode into the “POSTCODE” field within the “Shipping Address” section at checkout). This service is available for item(s) in your order that are immediately available for shipment. Special made to order items are excluded from this service.

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 on page 1 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 on page 1 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 on page 1 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 on page 1 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 instructions on how to finalise your return(s) directly.

Then you can drop the parcel at a Post Office or Street Post Box.

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.

We will then refund your item(s) together with the outgoing shipping costs for this/these item(s), unless you have selected Click & Collect delivery (in the latter cases, the refund will include the price of the item(s) only).

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.

 

6.2.3. PROVISIONS WHICH APPLY FOR POSTAL AND STORE RETURNS

We undertake to fully refund all sums paid for your order, namely:

  • The item(s) you have returned,
  • The outgoing shipping costs for this item, under the terms of Article 5.2 above.

Please note: You shall be liable for any return costs we have paid (see completed and pre-paid return label above), and these will be deducted from your refund.

In other words, the refund will match the price of your item(s).

Refund amount =             Price of returned item(s)

+ outgoing shipping costs paid by the consumer

- return shipping costs paid by LONGCHAMP

For orders delivered to a LONGCHAMP Store, the refunded amount will be the price of your item(s), as we would have already covered the outgoing shipping costs.

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 withdraw.

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 date 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.

Please do not forget to bring your receipt.

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).

For items from previous collections, you must exchange your item(s) within thirty (30) days of receiving your order.

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

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.

Difference of over AUD 165:
Credit note valid for one year only in LONGCHAMP Stores and Outlet Stores within the same country.

Difference of under AUD 165: 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 on page 1 of these General Terms and Conditions. We will carry out checks before advising you of the process to follow.

Please find below all of the provisions covered by the statutory guarantees in force for each country in which we sell our products.

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.

 

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 on page 1 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 to 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, provided that, to the extent that the Australian Consumer Law 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), 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, 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, 12 rue Saint Florentin 75001 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.

 

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.

For any disagreement, we advise you to first contact us at the e-mail address shown in the table on page 1 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 shall have non-exclusive jurisdiction for disputes in which no amicable settlement can be obtained.