Conditions Générales de Vente
GENERAL TERMS AND CONDITIONS OF SALE (ONLINE SALES)
Version date: September 2020
These General Terms and Conditions of Sale (the “Terms and Conditions”) govern the sale of LONGCHAMP (the “Company”) goods to end users (the “End User” or “you”) by the following applicable party:
For products delivered in the USA: LONGCHAMP USA INC. a private limited liability company incorporated under the laws of New Jersey (USA) with its registered office at c/o Corporation Service Company 251 Little Falls Drive, Wilmington, DE, 19808, registered at number (Tax ID) 51-0359309, represented by Mr. Jean CASSEGRAIN, And
For products delivered in Canada: LONGCHAMP CANADA INC. a private limited liability company incorporated under the laws of the Province of British Columbia with its registered office at Suite 1700, Park Place, 666 Burrard Street, Vancouver, BC V6C 2X8, registered at number BC1019745, represented by Mr. Jean CASSEGRAIN, The Company’s website URLs and languages are as follows:
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:
Opening hours (Monday to Friday)
Opening hours (Saturday)
|United States||(888) 828 firstname.lastname@example.org||713 Madison Avenue New York, NY 10065|
|Canada||(888) 828 email@example.com||3401 Dufferin Street Toronto, ON M6A2T9|
ARTICLE 1 – THERE ARE TWO ITEM TYPES AVAILABLE FOR SALE ON OUR WEBSITE
LONGCHAMP offers a wide selection of items available for sale online, including:
- Collection items (classic collection items and new collection items)
- Personalized items, called "My Pliage" on the site, created and manufactured based on your specifications, according to the exclusive options selected when the order is placed.
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 or sales tax rate in force, if applicable, on the date on which your order is placed), excluding any shipping costs or possible customs duties. Prices are shown in US or Canadian Dollars, and are subject to change at any time without notice.
The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation e-mail as the “total”.2 The total amount is shown at each stage of placing your order, and you are required to confirm your order amount before the order is placed.
ARTICLE 3 – ORDERS
3.1. Orders per customer are limited to a total maximum amount of ten-thousand dollars ($10,000) including all applicable taxes (excluding any shipping costs or customs duties).
Please note that one single order may only contain a maximum of:
- Two (2) 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. The ordering process is as follows:
- Select your items:
- For collection items: Select the colour;
- For personalized items: Select the design and then follow the steps to personalize;
- If desired, select the Gift option and add a persrsonal message;
- Select the delivery type and billing address;
- Enter your credit card details;
- Accept the Terms and Conditions;
- Confirm your order by reviewing your shopping bag, and clicking/pressing the 'PAYMENT' button.
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 Terms and Conditions,
- Contact details for our Online Customer Service department,
- Our Returns/Exchanges Policy.
Your order confirmation can also be accessed from your customer account. You will receive a shipping confirmation e-mail when your order is dispatched.
LONGCHAMP reserves the right at any time after receipt of your order, but prior to debiting your method of payment and shipping of the goods, to accept or decline your order for any reason and LONGCHAMP will contact you at the e-mail address provided in the order form of its decision to accept or reject your order. In the event that LONGCHAMP rejects the order, LONGCHAMP will have no obligation to fulfil your order and you will have no obligation to pay LONGCHAMP for the order.
3.3. For personalized items, you have twenty four (24) hours following the placement of your order to cancel your order In order to do so, please contact customer service using the e-mail at the address shown in the table on page 2 of these Terms and Conditions.
ARTICLE 4 – PAYMENT
Your purchases must be paid for by credit cards (or by means of a Paypal account for USA only) when ordering. Accepted payment methods include, Visa, MasterCard and American Express. You authorize LONGCHAMP to charge the applicable card and you represent and warrant that you are the cardholder of the applicable card. Your card (or your Paypal account for USA) will be debited:
- For personalized items: two (2) days 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.
In order to prevent payment card fraud through online payments, we verify the credentials of the information that you provide when placing your order. Your billing address must correspond to the address of your credit card, otherwise we will not be able to process your order.
We 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 two-hundred dollars ($200) or more.
We shall retain full ownership of the items sold until the full amount has been paid, including applicable VAT or sales taxes and any shipping costs or customs duties.
ARTICLE 5 – DELIVERY
The website offers several delivery options:
- Home delivery: UPS delivers from Monday - Friday and USPS delivers Monday – Saturday.
- Deliver to a Longchamp Boutique: Free of charge to the Longchamp store of choice from among the list provide when you place your order.
- Click & Collect Direct: Orders will be ready for pick up within 3 hours of the time of purchase. For same day service, please place you order 3 hours before the boutique closes.
- Click & Collect Pick- Up: If an item is not in stock at your boutique, orders will be ready 2-3 days from the date of purchase.
Please note these delivery options are only available for collection items. Personalized items cannot be delivered to stores via Click & Collect.
5.1. DELIVERY AND DESTINATION
The method of delivery for purchased items will vary based on the website URL of purchase and the destination of the purchased item, as follows:
|Website URL||Country of delivery||Regions not covered||Courier||Fee*|
|https://us.longchamp.com/||United States||UPS/USPS||Ground: Free Express: $22 Overnight: $32|
|https://ca.longchamp.com/en||Canada||UPS||Ground: Free Express: CA$22|
|https://ca.longchamp.com/fr||Canada (FR)||UPS||Ground: Free Express: CA$22|
Please note that delivery locations are linked to the website used to place the order. Therefore in order to receive a delivery in your country of residence, please place the order from the relevant website. For example, deliveries in Canada can only be made via the Canadian website URL. You will be informed of any shipping costs or customs duties during the order process, prior to your acceptance and confirmation of your order.
Deliveries will be made to the shipping address specified when your order was placed. We cannot deliver to any LONGCHAMP authorized sales outlet, LONGCHAMP store, hotel, PO Box, or to an address marked "Postal Area". We insure all items from our facilities or our agent’s facilities until they are delivered to your shipping address”. For information and for increased efficiency, Cybersource analyses all data provided during the shipping process.
5.2. DELIVERY TIMES
The delivery time is shown during the order process, prior to confirmation. With the exception of specific time frames provided during holiday periods, traditional delivery times are as follows:
|Collection Items||Personalised Items|
|UPS/USPS deliveries: Ground: 5-7 business days Express: 2-3 business days Overnight: next day (only available in the US)||United States: 4-5 weeks after the order has been placed. Canada 2-3 weeks after the order has been placed.|
If you have not received your order within the time frame provided: 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 using the details below:
- UPS: www.ups.com
- USPS: www.usps.com
For any order queries, you can contact us at the e-mail address shown in the table on page 2 of these Terms and Conditions.
If 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 certified or 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 certified or 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
5.3. DELIVERY AND RECEIPT
UPS & USPS deliveries: Track your parcel directly by clicking on the tracking number. You will be redirected to the shipping carriers tracking page. You will find the status of your shipment with an estimated date of arrival. You can customize delivery options online and send updates directly to your email or phone.
- Instruct the driver where to leave you packages if you aren’t home.
- Make delivery changes such as o Pick up at a UPS location
- Deliver on another day
- Leave with a neighbor
- Redeliver to your address
- Return to sender
- USPS - Receive email or text updates:
- Package is delivered
- Available for Pickup
- Delivery and in-transit updates
Delivery to a Longchamp store and Click & Collect: You must collect your package(s) within fifteen (15) days upon receipt of the email informing you that it is available at the Longchamp store you chose when placing your order.
Please provide a valid form of ID and the order number you were 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 Services at the address shown in the table on page 2 of this document.
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, contact us immediately by e-mail at the address shown in the table on page 2 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. This time period is increased to two (2) months for deliveries to the Netherlands, and reduced to two (2) days for deliveries to Belgium.
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 5.2. (Delivery Delays), and 8.1. (Legal Guarantees), you may exercise your right of withdrawal under the following conditions:
6.1. PERSONALIZED ITEMS
Given their unique and personal nature, personalized items cannot be returned or exchanged.
Therefore, the right of withdrawal does not apply to personalized items. We advise that you devote the necessary time and attention to creating your item.
6.2. COLLECTION ITEMS
You have a period of thirty (30) calendar days of receiving your item(s) return your item(s) for a full refund (except personalized items). Should your order contain several items delivered separately, this period begins from receipt of the final item.
You may complete your return by returning your item(s) to us by post, or directly to the Store.
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.
6.2.1. POSTAL RETURNS
Please go to our website, click on 'Contact' and complete the 'Returns & Exchanges' form within thirty (30) days of receiving your order. You will be prompted to choose a method of return among the proposed shipping methods below. We strongly encourage you to Request a Return Label when shipping back your item(s) as this is the most traceable secure form of return.
18.104.22.168. Request a return label
Once your return request has been confirmed, we will email a return label from UPS/ USPS to return your parcel back to the sender. You have thirty (30) days following the receipt of items to return the item(s) with one of our shipping partners using the pre-paid return label sent by Customer Service. Please note: The return label is dated and the return must be received within thirty (30) days of issue.
22.214.171.124. Use your own shipping method
You can also use your own shipping method by:
- packaging the item(s) securely and using, if possible, the original parcel;
- addressing the returned package at the address indicated in the packing slip;
- shipping your return package using a traceable and insured shipping provider.
Please note that we are not responsible for customer returns that are not received.
126.96.36.199. Deduction from refund amount
We undertake to fully refund the item(s) you have returned. However, please note that 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. Refund amount = Price of returned item(s) $5.95 for return shipping label 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 receipt of your returned item(s).
6.2.2. STORE RETURNS
For deliveries in the United States or Canada, please return your item(s) accompanied by the receipt within thirty (30) days of receiving your order to the Longchamp Store of your choice in the United States or Canada. You may not return items to department stores, Outlet Stores or Airport Stores. In accordance with the legal provisions in force, refunds can be issued to the original form of payment only, with your prior express acceptance.
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 Store located in the United States or Canada, excluding department stores, Outlet Stores or Airport Stores.
Please do not forget to bring your receipt.
No time limits apply to items from the current season's collection (Spring/Summer collection from Janaury 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 fourteen (14) 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.
United States: We will issue a credit note in the form of a merchandise return card. Mercchandise return cards are valid for five (5) years from the issue date and can be redeemed at any Longchamp store in the United States.
Canada: We will issue a paper receipt(s) as a credit note and it can only be redeemed at the Longchamp store in Canada.
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
8.2. 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 2 of these Terms and Conditions.
You can also visit any LONGCHAMP Store or authorized LONGCHAMP reseller. Without prejudice to any legal provisions in force, your item(s) will be sent to our workshops, who will evaluate your item and take one of the following actions:
- Should our workshops identify and confirm a manufacturing fault, we will repair your item(s) freeofcharge 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 in the sole judgment of LONGCHAMP. If this is the case, it will be returned to you in its current condition.
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 personalized 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 or guardians have approved the order.
ARTICLE 9 – RETENTION OF DOCUMENTS
For any order for €/CHF/£/$ 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:
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: firstname.lastname@example.org. 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.
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 Terms and Conditions, the order and any documents arising there from are governed by the law of the State of New York, United States of America, without regard to any conflicts or choice of law rule or principle that might otherwise refer construction or interpretation of these Terms and Conditions to the substantive law of another jurisdiction.
For any disagreement, we advise you to first contact us at the e-mail address shown in the table on page 2 of these 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 the State of New York situated in New York County, New York and/or the United States District Court for the Southern District of New York, shall have sole jurisdiction for disputes in which no amicable settlement can be obtained.