GENERAL TERMS AND CONDITIONS FOR ONLINE SALES

Version date: 11/27/2020

 

These General Terms and Conditions of Sale (“Terms”) cover sales of LONGCHAMP goods by:

 

LONGCHAMP MALAYSIA SDN. BHD., a private company limited by shares incorporated under the laws of Malaysia with a share capital of RM 5,000,000, whose head office is located at Suite 04-01A, 4th Floor, Menara Keck Seng, 203, Jalan Bukit Bintang, 55100 Kuala Lumpur, Malaysia, registered under number 201501041245, represented by Mr. Philippe CASSEGRAIN

 

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

 

Country

Language

Website URL

Malaysia

English

https://www.longchamp.com/my/en

Please note: The right of withdrawal does not apply to personalised items. For collection items your 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 constitutes full and entire acceptance of and agreement to be bound by the Terms for the time being in force, 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 Terms for future reference. Unless alternative evidence is provided, the data that we record constitutes evidence of transactions and their date.

These Terms contains the whole agreement between you and LONGCHAMP relating to the subject matter of these Terms to the exclusion of any terms implied by law which may be excluded by contract and supersedes any previous written or oral agreement between you and LONGCHAMP in relation to the matters dealt with in these Terms. These terms may be modified at any moment without notice to you. 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.

Buyers must be over the legal age of contractual capacity set at 18 years of age by the Age Majority Act 1971 .

Please do not hesitate to contact our Online Customer Service department for any information, question, advice or order query:

 

Country

Telephone number

Opening hours (Monday to Friday)

E-mail address

Postal address

Malaysia

+60 12 976 2195

10am-7pm

 

ecommerce@longchamp.com.my

LONGCHAMP

Online Customer Service

Lingkaran Syed Putra, Lot 203B & 230C, Grd Floor

The Gardens Mall, Mid Valley City

59200 Kuala Lumpur, Malaysia

 

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 Sales and Service Tax (“SST”) rate in force when on the date on which your order is placed), excluding any shipping costs or customs duties. Prices are shown in Ringgit Malaysia (“RM”).

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 Ringgit Malaysia Fifty thousand (RM 50,000)  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 withdrawal form (attached to the General Terms and Conditions of Sale),
  • - 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.

 

 

ARTICLE 4 – PAYMENT

Your purchases must be paid for by payment card when ordering. Accepted payment methods include Visa, Mastercard, American Express, JCB.

Your bank card 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 shipment of your order.

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 Ringgit Malaysia nine hundred and eighty-five (RM 985) or more. 

 

 

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

 

ARTICLE 5 – DELIVERY

The website offers several delivery options:

 

  • Home delivery;
  • Click & Collect delivery.

 

5.1. DELIVERY AND DESTINATION

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

Website URL

Country of delivery

https://www.longchamp.com/my/en

Malaysia

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

Please note that delivery locations are linked to the website URL used to place the order.

We cannot deliver to any Longchamp authorised sales outlet, hotel, warehouse or PO Box, military area and base, and other restricted zones.

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

We insure all items until they are delivered.

 

5.2. DELIVERY - FEE

Country of delivery

Means of delivery

Fee*

Malaysia

Home Delivery - Standard

RM 10

Home Delivery – Express

RM 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 time frames are provided for holiday periods, you will receive your delivery within a maximum of:

 

Collection items

Home delivery - Express

Kuala Lumpur & Klang Valley district only

Next day delivery for orders placed before 12pm

2 days delivery for orders placed after 12pm

Home delivery - Standard

All other regions

3 to 5 business days

Click & Collect

Available within 6 hours after the order is placed (business opening hour of the stores)

Personalised items

Home delivery

4 weeks after the order has been placed

Click & Collect

6 to 8 weeks after the order has been placed

 

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 using the details below:

- Gdex: www.gdexpress.com

For any queries, you can contact us at the e-mail address shown in the table at the top of these Terms.

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 Services 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 Terms. 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 return the parcel at the Longchamp Store of your choice in Malaysia.

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 Malaysia. 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.

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 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.

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 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 Malaysia. 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).

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 RM 500:
Credit note valid for one year only in LONGCHAMP Stores and Outlet Stores within the same country.

Difference of under RM 500: 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 Terms. We will carry out checks before advising you of the process to follow.

Your rights as a Malaysian consumer are protected under the Sale of Goods Act 1957 and Consumer Protection Act 1999.

 

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 Terms.

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.

 

ARTICLE 9 – RETENTION OF DOCUMENTS

For any order for Ringgit Malaysia five hundred and ninety (RM 590) 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

Please refer to our Personal Data Policy which is incorporated herein by reference.

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 (Section 6(1)(a) of the Personal Data Protection Act 2010 (Act 709)

(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 (Section 6(2)(a) and (b) of the Personal Data Protection Act 2010 (Act 709)

(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, by notice in writing in accordance with Section 38(1) and Section 43(1) of the Personal Data Protection Act 2010 (Act 709).

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 and Malaysia. 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.

If your information is collected from or held in Malaysia or collected by our Malaysian entity Longchamp Malaysia SDN. BHD., we may also be required to comply with the Malaysian Privacy Principles in the Malaysian Personal Data Protection Act 2010 which applies to us by virtue of our Malaysian business operations.

If you are not an EEA resident and your information has a Malaysian Link, our 'Malaysian 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.

In May 2017, the Malaysian Personal Data Protection  Commissioner appointed under Section 47 of the Personal Data Protection Act 2010 published on its official website, the Public Consultation Paper No. 1/2017 titled the Personal Data Protection (Transfer of Personal Data to Places outside Malaysia) Order 2017 (the “Proposed Order”). The Proposed Order is essentially a “White List” which permits the transfer of personal data to certain jurisdictions outside Malaysia.

 

The “White List” places identified by the Commissioner includes:

(a)        European Economic Area (EEA) member countries.

(b)        United Kingdom.

(c)        The United States of America.

(d)        Canada.

(e)        Switzerland.

(f)         New Zealand.

(g)        Argentina.

(h)        Uruguay.

(i)         Andorra.

(j)         Faroe Islands.

(k)        Guernsey.

(l)         Israel.

(m)       Isle of Man.

(n)        Jersey.

(o)        Australia.

(p)        Japan.

(q)        Korea.

(r)        China.

(s)        Hong Kong.

(t)         Taiwan.

(u)        Singapore.

(v)        The Philippines.

(w)       Dubai International Financial Centre (DIFC)

As the Proposed Order has not yet come into legal effect, section 129(3) of the Personal Data Protection Act 2010 provides circumstances under which a business is permitted to transfer personal data outside Malaysia, including where:

(a)        the data subject has consented to the transfer;

(b)        the transfer is necessary for the performance of contract between the data subject and the business;

(c)        the transfer is necessary for the conclusion of performance of a contract between the business and a third party which is entered into at the request of the data subject or in in the interests of the data subject.

 

In compliance with the Personal Data Protection Act 2010 (Act 709), you have the right of access to data/copies of data, this means that you have the right as a data subject to be informed as to whether your personal data is being processed by or on behalf of yourself and you may request to be provided with a copy of your personal data. In certain circumstances identified in the Personal Data Protection Act 2010, we have the right to refuse to comply with the data access request.

You have the right to rectification of errors, where you consider or know that your personal data held by us is inaccurate, incomplete, misleading or not up to date, you are entitled to request us to make the necessary correction to your personal data. In certain circumstance identified in the Personal Data Protection Act 2010, we have the right to refuse to comply with the data correction request.

You have the right to object to processing. You may require us to cease the processing or not begin the processing of any personal data relating to yourself if the said processing is causing or is likely to cause substantial damage or substantial distress to you or to another person and the damage or distress is/or would be unwarranted.

You have the right to withdraw consent. You may by notice in writing to us, withdraw your consent to the processing of your personal data. You have the right to object to marketing. You may at any time require us to cease or not to begin processing your personal data for purposes of “direct marketing” i.e the communication by whatever means of any advertising or marketing material which is directed to particular individuals.

The Personal Data Protection Act 2010 does not provide for the right to deletion/ right to be forgotten, right to restrict processing nor the right to data portability. You may contact our Data Protection Officer with any request or query on your personal data at ecommerce@longchamp.com.my or by using our online form.

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: ecommerce@longchamp.com.my. 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 solely and exclusively holds and is entitled to enforce ownership rights or exclusive usage rights over the propriety and intellectual property rights to the website and all of its components, including copyright, trademarks, trade names, service marks, 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.

You must not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. Unless indicated otherwise, all content, images and graphics, video, audio, information, links, and other material and files (collectively, “Material”) found on this Website are protected by copyright, trademark and other proprietary rights. You expressly agree not to copy, reproduce, download, modify, edit, use, publish, transmit, reproduce in whole or in part, directly or indirectly, any Material on this Website without the prior written consent of LONGCHAMP. You further agree to comply with all copyright, trademarks and other proprietary rights by any third parties that you may access from this Website. LONGCHAMP will not be held responsible for any copyright, trademark or proprietary rights infringements caused by third party material accessed on the website.

 

ARTICLE 12 – APPLICABLE LAW & DISPUTES

These Terms, the order and any documents arising there from are governed by Malaysian law.

For any disagreement, we advise you to first contact us at the e-mail address shown in the table at the top of these Terms.

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 Malaysian courts shall have exclusive jurisdiction for disputes in which no amicable settlement can be obtained.

 

ARTICLE 13 – GENERAL

Nothing on this website constitutes LONGCHAMP’s warranty or guarantee, whether express or implied, of the quality or availability of any of the items offered for sale.

By accessing and/or using this website, you will be assuming all risks associated with the use of the website including risk of your computer, software or data being damaged by any virus which might be transmitted or activated via the website or your access to it.

LONGCHAMP does not warrant that your access and usage of the website will always be safe and seamless in its operation. The website may face delays, errors, service disruptions, time-outs and may even ‘hang’ (collectively, “Disruptions”). LONGCHAMP shall not be responsible for any of these Disruptions. LONGCHAMP disclaims liability for any claims, costs and damages known or unknown that may arise out of the Disruptions.

To the extent permitted by applicable law, no claim in negligence arising out of or in connection with your access or use of the website may be brought against LONGCHAMP.

You undertake not to utilise the website to do anything unlawful and criminal in nature. You agree to indemnify, defend and hold LONGCHAMP and its staff harmless from any loss, liability, claim or demand arising out of or in connection with your access and use of the website and/or your breach of these Terms.

The headings used in these Terms are for convenience only and shall not affect the interpretation of these Terms.

You shall not assign or purport to assign any of your rights or obligations under these Terms without the prior written consent of LONGCHAMP and any such assignment or purported assignment shall be null and void.

If at any time any provision of these Terms is or becomes illegal, invalid or unenforceable in any respect under the law of any jurisdiction, the remaining provisions of these Terms shall not be affected or impaired thereby.

No failure on the part of LONGCHAMP to exercise and no delay on the part of LONGCHAMP in exercising any right hereunder will operate as a release or waiver thereof, nor will any single or partial exercise of any right under these Terms by LONGCHAMP preclude any other or further exercise of it.