Terms & Conditions
1. Scope and Definitions
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- 1. These general terms and conditions (the "Terms") will apply when you access the Lacoste Online Shop either online or via your mobile device (the "Website") or place orders to purchase any of the products on the Website, including by telephone.
- 2. Any reference to "we"/"us" in these Terms is a reference to Lacoste, which is a trading name of Lacoste E-commerce located at 23-25, rue de Provence, 75009, Paris, France (VAT registration number FR 92403285513). Our telephone number is (+41) 31 54 78 003, our fax number is (+33) 01 47 48 11 00, and you can reach us by email at email@example.com.
- 3. Any reference to "you" means you, the user of the Website.
- 4. 4. Please read these Terms carefully before using the Website and placing your order. By ordering products from the Website, you agree to be bound by these Terms. Do not use the Website unless you wish to be bound by these Terms because, by continuing to use any part of the Website, you confirm your acceptance of these Terms. We recommend that you keep a copy of these Terms for future reference - click here to print or download a copy.
2. Use of the Website
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- 1. You agree not to copy, reproduce, modify, create derivative works from, distribute or publicly display any content (except for your own information) from the Website without our prior written permission.
- 2. You acknowledge that all present and future copyright and other intellectual property rights subsisting in, or used in connection with, the products, the Website or any part of it (the "Rights"), including the manner in which the Website is presented or appears and all information and documentation relating to it is our property (or that of our licensors), and nothing in these Terms shall be taken to transfer any of the Rights to you.
- 3. Solely for the purposes of accessing the Website and placing orders we hereby grant to you, for the period during which the Website is made available to you, a non-exclusive, non-transferable, licence to use the Rights.
- 4. You may not link to the Website, other than to the URL: http://www.lacoste.com/ch/, without our prior written consent.
3. Registering for a Personal Account
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- 1. To make it easier for you to order products using the Website, we offer you the opportunity to register for a personal account. If you take advantage of this opportunity, any personal data that you provide us with during the registration process will be stored in our database and need not be entered with each new order; it will be entered into the order form automatically.
- 3. After registering for a personal account, you will automatically be sent an email that your account has been created. Your email address will act as the user ID for your account. During the registration process you will be asked to create your own password. You will be given the opportunity to change the password when you log in to your account. You must keep your user ID and password confidential at all times, and not make them available to any other person. You agree to comply with all security directions and/or recommendations given by us and inform us immediately if you become aware of or suspect any unauthorised use of your account or if your account becomes available to an unauthorised person.
- 4. Without prejudice to our other rights and remedies we may suspend your access to the Website without liability if, in our reasonable opinion, such action is necessary to safeguard the Website. You will be responsible for any misuse of your user ID and password, including the placing of any order.
4. Our Contract
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- 1. Your order constitutes an offer to us to buy the products you select from the Website. All orders are subject to availability and will not constitute a binding contract of sale until accepted by us. As soon as this offer is accepted by us by sending an Acceptance Email (as specified below), your order forms a binding contract of sale between you and us as further set out at clause 5 below.
- 2. Purchases made on the Website must be for your personal or gift use and are not to be used for re-sale, commercial purposes or any other commercial benefit. We reserve the right to refuse orders for multiple quantities of an item ordered by you or ordered to any one postal address.
- 3. The Website only sells products to individuals who can purchase with a credit card/debit card, via PayPal or other method of payment as set out on the payment page.
- 4. The images of the products on our Website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images.
5. The Order Process
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- 1. You may select items from our range of products, details of which will be added to the "Shopping Bag" by clicking on the 'Add to Shopping Bag' button. By clicking on the 'Proceed to Checkout' button, you initiate the checkout process for the products added to the Shopping Bag. By clicking on the 'Pay now' button you submit an offer to buy the products in the Shopping Bag and agree to pay for those items. Before placing an order you can view and amend your order details at any time by clicking on the 'Shopping Bag & Checkout' button.
- 2. When you place your order to purchase products from the Website, we will automatically send you an email confirming receipt of your order and containing the details of your order (the "Confirmation Email"). We recommend that you print out the Confirmation Email and keep it for your own records. The Confirmation Email does not constitute our acceptance of your order; it merely records the fact that we have received the order.
- 3. We will send you a second email when we dispatch your products which shall constitute our acceptance of your order (the "Acceptance Email"), at which point a binding contract of sale will be concluded between you and us.
- 4. Any products on the same order which we have not confirmed in an Acceptance Email do not form part of that contract. If for any reason the products ordered by you are not available at the time you place your order, we will notify you of this by email. Our acceptance of your order in the Acceptance Email is limited to the products that are available - no contract of sale will be concluded in respect of products that are not available. We will retain the title in the products until full payment has been received by us.
- 5. You can call us to place an order instead. To do this you should choose items from our product lines found on the Website and call our Customer Services team in order to fill your basket or place orders with our sales staff at phone number : (+41) 31 54 78 003. The only products that can be ordered by phone are those which appear on the Website.
- 6. When making orders by telephone, the telephone conversation you have with our Customer Services team will be recorded and will be kept by us for 5 years. Any reference to your bank data will be hidden in the recordings. Any order by phone will be only payable by card (Visa, Mastercard, American Express). Before providing your bank information, our Customer Services team will verify that you are the owner of the bank card being used for the purchase and summarise clearly for you some key information including references and the quantities of the products in your order, the indication of the price (inclusive of VAT), delivery costs and billing addresses. You will then be asked for the long number on your payment card, its expiration date as well as the cryptogram on the back of the card (the three last figures) and the name of the card owner.
- 7. You have the choice between :
- identifying yourself via your personal account if you already have one on the Website ; or
6. Availability of Products and Delivery Times
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- 1. We will notify you of the estimated delivery time for your products in the Acceptance Email. Save in respect of customized products (for example polos created using our Polo Configurator), this estimated delivery date will usually be within three to five business days (i.e. excluding Saturday, Sunday and public holidays in the United Kingdom and in France where the products are shipped from) of sending you the Acceptance Email for Standard Delivery and within one to two business days of sending you the Acceptance Email for Express Delivery. It may take slightly longer to deliver products to very remote areas. In the case of customized products, the estimated delivery date will usually be within 20 business days. We will endeavour to deliver all products you have ordered within thirty (30) days (as specified on your Acceptance Email), but these delivery dates are estimates only. Dispatch dates are not guaranteed and should not be relied upon.
- 2. In the event that we become aware that we are unable to meet the original estimated delivery time stated in the Acceptance Email, we will notify you of this as soon as possible and at the same time and without us being liable to you we will specify a new estimated delivery time.
- 3. Whilst we will do our best to deliver your products within the period of time defined above, sometimes it may take longer than expected. You accept that on some occasion, it may take us more than 30 days to deliver your products. If you change your mind in the meantime, you have the right to cancel your order in accordance with clause 9, except for customized products and underwear.
- 4. If your order has not been received within our specified timescales, in the first instance please check with your local mail delivery office to see that they are not holding your parcel. If they confirm that they do not have your products, please contact us and we will do our best to assist. All delivery timescales are subject to delays caused by seasonal or busy periods, weather and other unforeseen circumstances, though we will do everything we reasonably can to get your order to you on time. Please note that during exceptionally busy periods (e.g. Christmas), or when the weather is particularly inclement, please allow an additional day before raising a query.
- 5. Please note that the delivery company may require a signature on delivery and will not leave products without a signature. Orders can be delivered to a place of work which is usually easier and avoids the disappointment and delay of products being returned to us as undelivered by the courier.
- 6. We only deliver products to the locations listed on the Website subject at all times to the relevant EU regulations concerning free trade within the European Union. We regret that we cannot currently deliver to the Channel Islands. In the event that an order is placed for a delivery to a location where we do not deliver, the order will be cancelled and a refund processed.
- 7. Where you have ordered multiple products, we may sometimes need to deliver your products in more than one delivery.
- 8. Your order will be sent to the delivery address that you have given on your order form. We are not responsible if that delivery address is incorrect or incomplete.
7. Prices and Delivery Charges
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- 1. All of the prices listed on the Website include the currently applicable statutory value added tax.
- 2. The prices shown on the Website are stated in Swiss francs and exclude delivery charges. Despite our best efforts, a small number of the products on our Website may be mispriced. If a product's correct price is lower than our stated price, we will charge the lower amount and send you the product. If a product's correct price is higher than our stated price we will, at our discretion, either contact you for instructions before shipping the products, or cancel your order and notify you of such cancellation.
- 3. Our delivery charges are as follows:
Delivery: 9 CHF offered for orders over 150 CHF.
- To celebrate our opening, we exceptionally offer the delivery to our customers until February 29th, 2016.
We reserve the right to make a surcharge for deliveries to some areas. If a surcharge is applicable to your order, you will be informed at the checkout stage of the order process, prior to placing your order.
- 4. Where you order multiple products, you will only be charged one delivery charge.
- 5. The coordinates of the credit card used for your orders' payment may be registered in all security. The cryptogram on the back of your card is systematically required to use the card for any future purchase, and you may delete it at any point from the list recorded for the final payment.
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- 1. Payment for your products must be made via credit or debit card, PayPal, or other means as specified on the payment page.
- 2. The full payment price, including delivery charges and any additional charges for services you may have ordered, will be debited from your card or PayPal account upon or shortly before dispatch of the products to you.
- 3. You confirm that the credit or debit card or PayPal account that is being used is yours. All credit or debit card holders are subject to validation checks and authorisation by the card issuer. If the issuer of your card refuses to authorise payment we will not accept your order and we will not be responsible for any delay or non-delivery and we are not obliged to inform you of the reason for the refusal.
- 4. When you visit the Website or send emails to us, you are communicating with us electronically. We will communicate with you by email or by posting notices on the Website. For contractual purposes, you consent to receive communications from us electronically and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
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- 1. You can only return to us products which have been purchased directly through this Website. If you purchased your products at a Lacoste boutique, other retail store, or from another website, the products must be returned to the original store or site which they were purchased from.
Please note that you are not entitled to return underwear and products customized with our Polo Configurator unless the products are faulty or otherwise delivered not as ordered.
- 2. If for any reason you are not happy with your products, please follow our Returns Procedure, so that we can assist you in the refund of your order. We reserve the right to reject the return of products which are not returned in accordance with our Returns Procedure and we may request that you pay for the shipping of such products back to you unless the products are faulty, not as described or otherwise not of satisfactory quality. Our Returns Procedure does not affect your statutory rights.
- 3. As a consumer, you have legal rights in relation to products purchased from us that are faulty or not as described. We are also under a legal duty to supply products that are in conformity with these Terms. These legal rights are not affected by your right of return and refund described above or anything else in these Terms. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.
- 4. In case you used a promo code on your order, please note the value of the promo code is divided up proportionately to the item price. In case of return, you will get the refund of the amount paid on the returned item minus the promotion amount applied. You will then loose the promotion amount of the returned item.
- 5. Returns Procedure
- A. Right of Return
You have the right to cancel your purchase and return any purchased products (other than customized products) without giving any reason. This right lasts until fourteen (14) days after the day on which you (or a person indicated by you) acquires physical possession of the products. If you order multiple products and they are delivered on different days, the fourteen (14) day period during which you can cancel your purchase without giving any reason will commence on the day after you receive the last product. However, please note that this right to refund without a reason does not extend to products customized with our Polo Configurator or underwear.
If you wish to exchange your products, your exchange will be treated as a return, you will be refunded in accordance with this clause and you should place a new order for the replacement products.
To exercise your right to cancel, you must inform us of your decision to cancel by using the online form made available for this purpose here, or by writing to us:
- 1. by email to firstname.lastname@example.org; or
- 2. by fax to (+33) 1 47 48 11 00 or
- 3. at Lacoste e-Commerce, 23-25 rue de Provence, 75009 Paris, France,
stating that you wish to exercise your right to cancel. You must submit the form or send your message before your right to cancel expires. We will send you an acknowledgement of your cancellation via email. Please keep the confirmation of any fax, letter or email to demonstrate the date when you sent it.
We invite you to reuse the packaging your order was shipped in to proceed with the return. Please return your articles in mint condition, without them being worn or washed. The sole of the shoes has to be clean and intact and the perfume's packaging still sealed. All of the packaging (plastic, boxes), accessories (glasses case), user manual have to be returned and product labels must be attached to the items as sold. Please contact our customer service by email : email@example.com to declare the items you wish to return. Please detail : quantity, item description, price, return reason, pick up address. Choose a pick up date and time at your convenience. These information will allow our customer service to send you the required documents for a free return and your appointment confirmation. Print your return label and customs documents sent by our customer service. Please stick your return label onto your parcel. Insert your proforma invoice (in 3 copies) in an envelope / blister and also stick it onto your return parcel. DHL will pick up your return parcel on the chosen date and time. Our customer service may call you if DHL is not available on your chosen appointment date and time. Please make sure you keep the proof of your return given by DHL during your parcel pick up until reception of your return confirmation email. You will get a refund as soon as our quality services receive and check your parcel. All items not complying with our return policy will be returned to you without refund.
If you do not have a printer at home, our customer service will be happy to send you by regular mail your return label. You can contact them by email : firstname.lastname@example.org. Normally parcels are returned to us within 10 working days but on some occasions returned parcels are delayed especially at busy periods like Christmas or depending on customs control. Please allow up to 15 working days before contacting us. It is important to note that refunds can take up to one month to be completed due to the time an inquiry with our logistics service and carrier company may take. We thank you for your understanding.
- B. Effects of Cancellation
If you cancel your purchase in accordance with the "Right of Return" section above, we will reimburse to you all payments received from you, including the cost of Standard Delivery. If you selected Express Delivery, then you will not be reimbursed for the difference between Standard Delivery and Express Delivery unless this is because the product is faulty or mis-described in which case we will refund the delivery costs paid by you in full.
If, as a result of unnecessary handling by you, the value of the goods is reduced, then we are entitled to make a deduction from the reimbursement to take into account any such reduction.
Your refund will be processed and paid no later than fourteen (14) days after we receive the returned products from you. We may withhold reimbursement until we have received the products back from you, or you have supplied evidence that you have sent the goods back (whichever is the earliest).
If you cancel before the goods are delivered, then your refund will be paid no later than fourteen (14) days after the day on which you cancelled your order.
Your refund will be paid using the same method of payment as was used by you to pay for the order.
- A. Right of Return
10. Limitations applicable to customized products
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We offer the option of customizing some Lacoste products by choosing among a large range of colours, collars, sleeves, logo, colours braids.
We also offer the option of adding an embroidered word of your choice.
However, we reserve the right to refuse your request if we consider your request:
- - Inappropriate or contrary to public order or morality,
- - Incompatible with the image of the Lacoste products and trade marks, or
- - an infringement of the trade mark or copyright of a third party.
11. Your Personal Data
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- 1. By entering information on the Website you represent and warrant that you are using your actual identity, and all information you provide is true, accurate, current and complete as at the time you provide us that information.
- 2. If you find that the information transmitted is incorrect or no longer valid, it is your responsibility to change it. We will not be liable for any errors that may result in your submission of incorrect information.
- 3. You consent to information about the device you use to access the Website being collected and processed for fraud prevention purposes and we may use third parties (and information they provide) to help us prevent fraud or unauthorised access to our Website.
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- 1. Nothing in these Terms shall exclude or limit our liability for fraud or fraudulent misrepresentation, for death or personal injury resulting from our negligence, or any other liability which cannot be limited or excluded by applicable law.
- 2. If we fail to comply with these Terms, we will be responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence but we will not be responsible for any loss or damage caused to you where such loss or damage is not reasonably foreseeable to both you and us at the point at which you agree to these Terms (including where the loss or damage results from our breach of these Terms). Loss or damage is foreseeable if it is an obvious consequence of our breach or negligence or if it was contemplated by you and us at the time we entered into a contract with you.
- 3. Save as expressly set out herein, all conditions, warranties and obligations which may be implied or incorporated into these Terms by statute, common law, or otherwise and any liabilities arising from them are hereby expressly excluded to the extent permitted by law. That said, this does not affect the terms which are included as a matter of custom as required by the Consumer Rights Act 2015 and we acknowledge that because of that Act we are under a legal obligation to supply products in accordance with the contract, supply products which of satisfactory quality and reasonably fit for purpose and as described.
- 4. We only supply the products and Website for domestic and private use. You agree not to use the product or the Website for any commercial, business or resale purposes. We will not be responsible for any business loss (including loss of profits, loss of revenue, loss of contracts or loss of goodwill) that you suffer as a result of our breach of these Terms, use of our Website or our negligence.
- 5. This Website is provided by us on an 'as is' and 'as available' basis. We make no representations or warranties of any kind, express or implied, as to the operation of this Website or the information, content, materials, or products included on this Website. It is expressly agreed by you that your use of this Website is at your sole risk.
- 6. We do not:
- A. accept any liability for damage to your computer system or loss of data that results from your use of the Website;
- B. guarantee that the content and services on the Website will be available, complete accurate or up to date; or
- C. guarantee that the Website will be available uninterrupted and in a fully operating condition nor that the information on the Website itself will be free from errors or omissions (however, we will use reasonable endeavours to correct any errors or omissions as soon as practicable once they have been brought to our attention).
- 7. When you order products from the Website, our aggregate liability to you for any loss or damage arising in connection with these Terms shall be limited in respect of each claim, to the purchase price of your order. In relation to any loss, damage, or expense suffered or incurred by you other than in relation to the purchase of products, our aggregate liability shall be limited to CHF 100. This is in addition to your rights under the Consumer Rights Act 2015 and the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 to receive a refund in certain circumstances.
- 8. We are not responsible for any delay or failure to comply with our obligations under these Terms if the delay or failure arises out of any event which is beyond our reasonable control. Such events shall include, for example, failure of infrastructure, government intervention, wars, civil commotion, hijacking, fire, flood, accident, storm, strikes, lockouts, terrorist attacks or industrial action affecting us or our suppliers. This condition does not affect your statutory rights.
- 9. If an event beyond our reasonable control as described above takes place that affects the performance of our obligations in relation to products ordered from the Website under these Terms with you:
- A. we will use reasonable endeavours to reduce the impact of any such event on the performance of our obligations;
- B. we will contact you as soon as reasonably possible to notify you; and
- C. our obligations under these Terms will be suspended and the time for performance of our obligations will be extended for the duration of the event. Where the event affects our delivery of products to you, we will arrange a new delivery date with you after the event is over.
- 10. You may cancel a contract formed with us which is for the purchase of products by you from the Website affected by an event which is beyond our reasonable control which has continued for more than 30 days. To cancel please contact us. If you opt to cancel, you will have to return (at our cost) any relevant products you have already received and we will refund the price you have paid, including any delivery charges.
- 11. Whilst we take steps to prevent misuse of our systems, we cannot warrant that the Website will be free of viruses or other malicious code and accept no liability for loss or damage caused from the transmission of such code. We recommend that you always use up-to-date firewalls and anti-virus software to protect your equipment and data.
- 12. It is not possible for us to review all websites which are linked from the Website (or link to the Website), and you should therefore take care when following any link. We cannot accept liability for any loss or damage that may be suffered as a result of following any links.
13. Feedback and Complaints Policy
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- 1. We welcome any comments about our service, so that we can improve what we are doing. Our aim is to deal with any problems quickly and fairly. If you have reason to complain about our service, please call or email our Customer Services team stating clearly that you are making a complaint. Our aim is to respond to your complaint within seven (7) working days, either resolving the complaint, or with a timescale for resolution.
- 2. If you wish to contact us our telephone number is (+41) 31 54 78 003 and you can reach us by email at customerservice-ch@ lacoste.com
14. Alteration of Service or Amendments to the Terms
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- 1. We reserve the right to make changes to our Website, policies, and these Terms at any time. Your usage of the Website and your orders will be subject to the policies and Terms in force at the time that you use the Website or that you order products from us, unless any change to those policies or these conditions is required to be made by law or government authority (in which case it will apply to orders previously placed by you). If any of the provisions of these Terms are deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of the remaining conditions.
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- 1. If you breach these Terms and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
16. Governing Law and Jurisdiction
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- 1. Your use of the Website, any purchase by you on the Website of any products and these conditions will be governed by and construed in accordance with the laws of England and Wales and will be deemed to have occurred in England. You agree, as we do, to submit to the non-exclusive jurisdiction of the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.
- 2. Please note that the contract formed between you and us under these Terms is between you and us. No other person shall have any rights to enforce any of these Terms.