Please read this Agreement carefully before using the Site or the services available at the Site. By using or visiting the Site, or making a purchase from the Site, you confirm your acceptance of the terms of this Agreement. This Agreement, along with any other policies or guidelines posted on the Site, shall govern your use of the Site, whether you access the Site directly or through a third-party web site. Certain areas, features, or functionality of the Site, may be subject to different or additional terms, rules, guidelines or policies (“Additional Rules”), and we may provide such Additional Rules to you via postings, pop-up notices, links, or other means at the time that you access or use the relevant area, feature or functionality. From time to time, such Additional Rules may conflict with this Agreement; in the event of such a conflict, the Additional Rules will control.
By visiting the Site, posting or viewing any content on the Site and/or by making a purchase on the Site, you represent and warrant that you have read, understand, have the legal capacity to, and hereby agree to be legally bound by this Agreement and each of its terms. If you do not agree with the terms of this Agreement, please do not use the Site.
A. Changes to this Agreement
B. Account Information
You have the option of creating an account with Lacoste when you make a purchase on the Site. You agree that the information you supply during that process will be accurate and complete. You also agree not to (i) select, register, or attempt to register, or use the name or any other identifiable information of another person with the intention of impersonating that person; (ii) use the name of anyone else without authorization; (iii) use a name in violation of the intellectual property rights of any person; or (iv) use a name that Lacoste considers to be offensive. Lacoste reserves the right to reject or terminate the account of any person that violates the terms of this Agreement. You will be responsible for preserving the confidentiality of your password and will notify Lacoste of any known or suspected unauthorized use of your account. Further, you agree that you are responsible for all statements made and acts or omissions that occur on your account while your password is being used.
You should not authorize any third party to access or to use the Site in order to act on your behalf. If you do so, you will be responsible for all acts and/or omissions of that third party on or in connection with the Site. You are responsible for maintaining the confidentiality of your password, and you are fully and always responsible for all activities that occur under your password. You agree to immediately notify us via firstname.lastname@example.org of any unauthorized use of your password or account information, or any other breach of security. We cannot and will not be liable for any loss or damage arising from any unauthorized use of your account.
Lacoste reserves the right to access and disclose any information including, without limitation, account information to comply with applicable laws and lawful government requests. You must be at least 13 years old to use the Site.
C. Restricted Use
The Site is provided solely as a convenience to you for non-commercial use. You may access and use the Site only in accordance with all applicable laws and regulations and with this Agreement. You acknowledge and agree that Lacoste in its sole discretion and without notice or any further obligation to you may temporarily suspend or permanently discontinue and refuse any and all current and future access to or use of the Site. You further agree that you will not:
- (a) resell for commercial purposes products purchased through use of the Site;
- (b) resell or make commercial use of the Site or Content (as defined hereafter) therein;
- (c) modify, distribute, transmit, display, perform, reproduce, publish, license, create derivative works of, transfer, or sell any Content;
- (d) collect or use any product listings or descriptions;
- (e) use any data mining, robots, or similar data gathering and extraction methods from the Site;
- (f) other than for your use of the Site as expressly permitted in this Agreement, access or attempt to access any systems or servers on which the Site is hosted or modify or alter the Site in any way;
- (g) forge headers, create a false identity or otherwise manipulate identifiers in order to deceive others or disguise the origin of any Content or other information transmitted to or via the Site; or
- (h) use any meta tags or any other “hidden text” utilizing a Lacoste’s name, trade-mark, or product name without Lacoste’s express prior written consent.
For the purposes of this Agreement, “Content” means collectively, but without limitation, any text, images, graphics, software (including source code, object code and related documentation), audio files, videos, articles, trade-marks, logos and other information or content available through the Site and the design, structure, selection, coordination, expression, “look and feel”, and arrangement of such content.
D. Purchase Terms
From time to time, Lacoste may have to cancel or refuse an order placed by you. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In such an instance, if practical, we will notify you of our reasons for cancelling or refusing the order. We will do so via the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
E. Intellectual Property Rights
As between you and Lacoste, the Site and the Content that is made available through the Site is the property of Lacoste and the Lacoste Group, and is protected by Canadian and foreign copyright, trade-mark and other intellectual property laws. No Content from the Site may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy of the Content on any single computer for your personal non-commercial use only, provided you keep intact all copyright and other proprietary notices. Modification of the Content or use of the Content for any other purpose is a violation of Lacoste’s and Lacoste Group's copyright, trade-mark, and trade secret rights and others' proprietary rights. For purposes of this Agreement, the use of any such Content on any other web site or networked computer environment is prohibited.
Lacoste respects the intellectual property rights of others, and we ask you to do the same. Lacoste may at its discretion terminate service and/or access to the Site for Users who infringe the intellectual property rights of Lacoste or others.
F. No Framing
Any content posted on, submitted, or uploaded to Lacoste’s Site or to Lacoste’s social media pages, whether text or images, becomes the property of Lacoste and may be reproduced, modified and distributed as we see fit, in any medium, for any purpose and in perpetuity. Lacoste does not accept confidential or proprietary information and any content submitted or offered to Lacoste, including comments, suggestions or questions, are therefore not confidential and will remain property of Lacoste. Further, you understand that by posting material on Lacoste’s Site and social media sites, you are granting to Lacoste, and to anyone authorized by Lacoste, a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to display, use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform such materials posted on Lacoste’s Site and social media sites, in whole or in part, in any manner or medium, now known or hereafter developed, for any purpose. The foregoing grant shall include the right to exploit any proprietary rights in such posting or submission, including, but not limited to, rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction. Also, in connection with the exercise of such rights, you grant Lacoste, and anyone authorized by Lacoste, the right to identify you as the author of any of your postings or submissions by name, email address or screen name, as Lacoste deems appropriate.
You may not use any trademark or service mark appearing on the Site without the prior written consent of Lacoste, or the owner of the mark.
H. Permission to Reprint
All material on the Site, without limitation, is protected by U.S. and foreign copyright and trademark laws. In order to request permission to reprint any material on the Site (outside of personal, non-commercial use), please write to:
4200 boulevard Saint-Laurent, bureau n°901
Montréal, Québec H2W 2R2
Attn: Customer Service
I. Permission for Web-linking
To request permission to place a link on your web site to enable users to click through from your web site to the Site, please send your name, address, web site URL, and nature of the web site to:
4200 boulevard Saint-Laurent, bureau n°901
Montréal, Québec H2W 2R2
Attn: Customer Service
J. Colors and Product Information
We have made every effort to display as accurately as possible the colors of our products that appear at the Site. We cannot guarantee that your computer monitor's display of any color will be accurate. Further, occasionally there may be information on our Site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on the Site is inaccurate at any time without prior notice (including after you have submitted your order).
Certain products are available exclusively online through the Site. These products may have limited quantities and are subject to return or exchange only through the Site according to the applicable return policy.
K. Notification Regarding Communications from Lacoste
By registering with the Site and/or making a purchase from the Site, you understand that we may send you communications or data from the Site, including but not limited to (i) notices about products or merchandise requested by you, including any notices regarding the terms of any purchases; (ii) updates; and (iii) information or materials regarding transactions, products, and/or services purchased or selected by you or in which you are involved via use of the Site. By using and registering on the Site, you agree to receive such email messages from us.
Note, however, that some email messages may be more “commercial” in nature than others, as they may advertise a feature of our Site or our merchandise or a product or service in which we believe you may be interested, or may otherwise discuss a marketing campaign or promotion offered by Lacoste or one of our partners or another third party. We will give you the opportunity to opt-out of receiving these commercial emails from us by following the opt-out instructions provided in paragraph L of this Agreement.
L. Opting Out
We want to communicate with you only if you want to hear from us. If you prefer not to receive promotional information from us, or if you do not want us to use your information to enhance your shopping experience, please let us know by contacting us via email at email@example.com, by calling us at 1-800-452-2678 or by writing us at Lacoste Canada - 4200, boulevard Saint-Laurent, bureau no 901 - Montréal, Québec, H2W 2R2 – Customer Service. Please be sure to include your full name and the e-mail address you used when you registered with or made a purchase from us. It may take up to 10 days to process your postal mail request, during which period you may continue to receive communications from Lacoste. You may also unsubscribe by using the unsubscribe link situated at the bottom of any promotional message you receive from Lacoste.
M. Disclaimer of Warranties
We work hard to make the Site interesting but we cannot guarantee that our Users will always find everything to their liking. Please read this Disclaimer carefully before using the Site.
LACOSTE MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE SITE OR ITS CONTENT, WHICH ARE PROVIDED FOR USE "AS IS" AND "AS AVAILABLE”. LACOSTE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SITE AND ANY WEB SITE WITH WHICH IT IS LINKED. LACOSTE DOES NOT WARRANT THE FUNCTIONS, INFORMATION OR LINKS CONTAINED ON THE SITE OR THAT ITS CONTENT WILL MEET YOUR REQUIREMENTS, THAT THE SITE, OR ITS CONTENT, ARE FIT FOR ANY PARTICULAR PURPOSE OR THAT THE OPERATION OF THE SITE OR ITS CONTENT, WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES, WORMS, TROJAN HORSES, CANCELBOTS OR OTHER HARMFUL COMPONENTS. LACOSTE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON THE SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT LACOSTE) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
IN ADDITION, LACOSTE DOES NOT REPRESENT OR WARRANT THAT THE SITE OR ITS CONTENT, OR ANY PRODUCTS, SERVICES OR ANY OTHER INFORMATION ACCESSIBLE VIA THE SITE IS SECURE, ACCURATE, COMPLETE OR CURRENT OR THAT ANY PARTICULAR PRODUCTS OR INVENTORY WILL BE AVAILABLE. IN ADDITION, THE SITE MAY CONTAIN TYPOGRAPHICAL ERRORS OR INACCURACIES AND MAY NOT BE COMPLETE OR CURRENT. LACOSTE THEREFORE RESERVES THE RIGHT TO CORRECT ANY ERRORS, INACCURACIES OR OMISSIONS (INCLUDING AFTER AN ORDER HAS BEEN SUBMITTED) AND TO CHANGE OR UPDATE INFORMATION AT ANY TIME WITHOUT PRIOR NOTICE. PLEASE NOTE THAT SUCH ERRORS, INACCURACIES OR OMISSIONS MAY RELATE TO PRICING AND AVAILABILITY, AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, LACOSTE RESERVES THE RIGHT TO CANCEL OR REFUSE TO ACCEPT ANY ORDER PLACED BASED ON INCORRECT PRICING OR AVAILABILITY INFORMATION. LACOSTE APOLOGIZES FOR ANY INCONVENIENCE.
N. Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL LACOSTE BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCLUDING LOSS OF BUSINESS, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS ON THE SITE, EVEN IF LACOSTE OR A LACOSTE AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL LACOSTE'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, OR NOT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING OR USING THE SITE.
You agree to indemnify us, defend us, and hold us harmless from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of this Agreement by you, or any use or misuse of the Site for which you may be responsible. We reserve the right to assume, at our sole expense, the exclusive defense and control of any matter subject to these indemnification obligations, in which case you will fully cooperate with us in asserting any available defenses.
Q. Termination of Service
We reserve the right, in our sole, exclusive, and complete discretion, and without cause and/or without notice to (i) terminate without notice your ability to access or use the Site and (ii) delete any data. You are personally liable for any orders placed or charges incurred through your account prior to termination.
If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed to have been superseded by a valid enforceable provision that most closely matches the intent of the original provision, and the remainder of the Agreement shall continue in effect. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. All rights not expressly granted herein are reserved.
S. Assignment of the Agreement
We may assign this Agreement, in whole or in part, at any time with or without notice to you. You may not assign this Agreement, or any part of this Agreement, to any other party. Any attempt by you to do so is void.
Our failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.
The section titles in the Agreement are for convenience only and have no legal or contractual effect.
V. Copyright Infringement Notification Process
If you believe that your work is the subject of copyright infringement and appears on the Site, please provide us with a notification of a copyright infringement claim, which must be submitted to the following address:
4200 boulevard Saint-Laurent, bureau n°901
Montréal, Québec H2W 2R2
Attn: Customer Service
The notification must be in writing and include:
1. A signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of each alleged infringing copyrighted work or works;
3. Identification of the allegedly infringing material and information reasonably sufficient to enable us to locate such material;
4. Information reasonably sufficient to enable us to contact the party complaining of an alleged infringement (e.g. an address, telephone number, and email address);
5. A statement that the complaining party has a good-faith belief that use of the allegedly infringing material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Except for your personally identifiable information, any communication or material you transmit to the Site by email or otherwise, including any data, questions, comments or suggestions, or the like is, and will be treated as, non-confidential and non-proprietary. Anything you transmit or post may be used by Lacoste for any purpose, including but not limited to, reproduction, disclosure, transmission, publication and, broadcast. Furthermore, Lacoste is free to use any idea, concepts, know-how, or techniques contained in any communication you send to the Site for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information.
X. Jurisdictional Issues
Y. Governing Law and Jurisdiction
This Agreement shall be governed by and construed in accordance with the laws of the province of Quebec and the federal laws of Canada applicable therein, without giving effect to any principles of conflicts of law. You and Lacoste hereby agree to exclude the application of the United Nations Convention on Contracts for the International Sale of Goods. You and Lacoste further agree to submit to the exclusive jurisdiction of the courts of the province of Quebec, district of Montreal. If any provision of this Agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this Agreement Use and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties relating to the subject matter herein and shall not be modified except by writing, signed by both parties.