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Terms of Use

LONGCHAMP USA, INC., (“LONGCHAMP”) TERMS OF USE AND PURCHASE

Effective immediately- Last revised February 2015

Thank you for visiting longchamp.com. Your access to and use of this website (the “Site”) and your purchasing products through this Site (the “Services”) is exclusively governed by, and subject to, these Terms Of Use And Purchase (the “Terms Of  Use And Purchase”).  Please take some time to read the following Terms of Use and Purchase carefully before using the Site.

BY ACCESSING OR USING THE SITE OR PURCHASING PRODUCTS THROUGH THIS SITE OR OTHERWISE USING THE SERVICES, YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS OF USE AND PURCHASE.

If you do not agree or cannot comply with all of these Terms Of Use and Purchase, you must exit the Site.

REVISIONS

Longchamp may, from time to time, modify, make changes or alterations the Site, the Services and data or content included on the Site, including, but not limited to the Terms Of Use And Purchase, without prior notice. You are responsible for reviewing the Site, including the Terms Of Use And Purchase from time to time, particularly each time you use Longchamp’s online store. Your continued use of the Site or Services after modifications or changes have been made shall constitute your acceptance of such modifications or changes.

COMMUNICATION

As part of the Site and/or Services you agree to receive a series of ongoing communications regarding the Site and/or Service.  Upon receipt of this communication you will have the right to opt-out or unsubscribe.

LINKING

This Site may contain links to third party websites not under the operation or control of Longchamp. Other websites that may be accessed from this Site by hypertext links are entirely independent of this Site and shall NOT, in any manner, be construed as any reflection on, any affiliation with, or endorsement of, any such site or entity, or its respective products or services.  Such links are provided as a convenience only and cannot, and should not be interpreted as, an express or implied endorsement of such third party websites or any products or services offered thereon. You may only provide a link to this Site if expressly authorized in writing by Longchamp.

COPYRIGHT

Longchamp owns or holds the rights to all content included on the Site: including, but not limited to, all texts, graphics, logos, so-called "look & Feel", order of operations, images, characters, audio clips, design, layout, photographs, wallpaper, artwork, button icons, digital downloads, music and data compilations (the “Content”). All Content is the copyrighted material of Longchamp and is protected by United States and/or international copyright, trademark and other applicable laws.  You have permission to print hard copies or electronically copy pages from this Site only for personal, non-commercial purposes, and provided that you do not modify any of the Content and you do not remove any of Longchamp’s trademarks or trade names. Without a written agreement from Longchamp, you may not modify, copy, upload, download, display, re-publish, reproduce or transmit any part of the Site or the Content for redistribution or commercial use. You may also not link or use frames from this Site without Longchamp's prior written consent. Any attempt to copy or reproduce part of or the entire Site without written permission from Longchamp is strictly forbidden.

PRIVACY POLICY

Please click here to see our Privacy Policy.  You hereby agree that you have read, accept and agree to the Privacy Policy of this Site, which is incorporated by reference into the terms of these Terms Of Use And Purchase.

TRADEMARKS

All graphics, logos, page headers, button icons, scripts and service names, included or made available on the Site, including but not limited to the name LONGCHAMP and the horse mark, are the trademarks or trade dress of Longchamp.  Longchamp’s trademarks or trade dress cannot be used by you without the prior written agreement of Longchamp. Any third- party trademarks that appear on our Site are property of their owners who may or may not be connected or affiliated with Longchamp, but have given their consent to Longchamp. Without the prior written consent of Longchamp, and if applicable the third party, you cannot use the third party’s trademarks or trade dress.

USER CONTENT

With regard to user-generated exchanges of information and inclusion of content, any information and any content that you upload, exchange, share, store, send or otherwise make available through the Site or Service(s) ("User Content") is your responsibility and Longchamp assumes no liability or responsibility for such user generated information and content. This includes, but is not limited to, chat, blogs, email, email addresses and other personally identifying information, SMS, text, photos, video, audio and any other User Content that you may provide or make available and accessible to other users of the Site or Service(s). You agree that any User Content that you post or upload to the Site shall not be illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailing or any form of “spam”.  Longchamp reserves the right (but not the obligation) to remove or edit such User Content but Longchamp does not regularly review such content.

Any designs, suggestions, ideas or comments sent to us (“Ideas”) will be considered non-confidential information. This information becomes the property of Longchamp upon your submission and Longchamp shall have, without any further action by you or compensation to you, the absolute right to use, reproduce, modify, display, transmit and distribute it for any purpose. We will not use your name in connection with these Ideas unless we are required by the law to identify the source or unless we obtain your permission.

ERRORS AND INACCUREACIES

Our goal with the Site is to provide up-to-date, complete and accurate information, however the Site may contain typographical mistakes, omissions or inaccuracies some of which may be related to availability and pricing and may relate to orders after they have been submitted. Longchamp shall not have any liability for errors or inaccuracies described under this section.

PRODUCT AVAILABILITY

The purchase of products on the Site is subject to availability. Longchamp is not obligated to fulfill your order in the event that we notify you that your product is not in stock. Therefore, you will not be obligated to pay Longchamp for your order.

PRICING

All of the prices on this Site are in Canadian dollars. You agree to pay Longchamp the amount set out as the ‘TOTAL’ in your order summary. All of the shipping, duties, taxes and brokerage fees will be calculated upon checkout. There will be no additional fees charged to you once your order is delivered. Longchamp has the right to change product pricing at any time and may display discontinued or out of stock items on our Site. We are not responsible for typographical pricing errors.

PURCHASE OF PRODUCT

Longchamp has made every effort to display the products and their colors as accurately as possible on our Site. Because of the color resolution on different monitors, we cannot guarantee that the user’s monitor will accurately portray the actual product colors. By submitting your order you are representing to use our product for household use only and not for commercial resale. We reserve the right to limit order quantities or reject orders at our discretion, at any time.

ORDER PROCESSING

Longchamp reserves the rights, as its sole discretion, to accept or reject the order once the order has been completed and submitted. All advertisement on the Site are not offers to sell but invitations to purchase. Once an order has been placed you will receive an Order Confirmation email to the email address provided during your order process. This is a receipt confirmation that your order has been placed. We reserve the right at any time after receipt of your order to accept or decline your order for any reason. Longchamp will contact you via the email address provided in the order with this decision. In the event that Longchamp rejects your order, we will have no obligation to fulfill your order and you will not have to pay Longchamp for your order.

ORDER CANCELLATION

Longchamp can accept Order Cancellations within 24hrs from the day your order was placed. Personalized items will begin production after this grace period therefore you have no right of withdrawal or cancellation to your order.  

METHODS OF PAYMENT

When placing your online order your Billing address must correspond to the address on your credit card. Your order may not be accepted otherwise. Our Site accepts Visa™, MasterCard™, American Express™ or Discover Card™. We are not responsible for any charges or other amounts which may be applied by your card issuer or bank or payment method provider as a result of our processing of your credit/debit card payment. Your credit/debit card or payment method is denominated in Canadian dollars. Such final price is calculated and charged by your card issuer or bank or payment method provider and therefore we shall not be responsible for any cost, expense, charge or other liability which may be incurred or suffered by you as a result of your card issuer or payment method provider charging you in a different currency other than the currency of your purchase as displayed on the Website.

TRANSACTION JURISDICTION

You confirm and agree that this Site is located in, and that the transaction to purchase goods from Longchamp through this Site, is taking place solely and exclusively within Canada, regardless of where you are located when you access and use the Site for that purpose. You agree that you are solely responsible for ensuring that you’re accessing and using this Site is not restricted, prohibited or otherwise fails to comply with the laws of the jurisdiction where you are located.

SHIPMENT

Your order will be shipped via UPS. Risk for all goods purchased on this Site shall transfer to you upon delivery by Longchamp to UPS at shipping point. Longchamp is not responsible for any loss of the products following shipment from Longchamp facilities to your delivery address.

RETURNS AND EXCHANGES

Please note, we do not accept returns on personalized products. We will, accept returns for online standard product purchases within 14 days from the date that the product was delivered to you. After that time period has expired, you will be able to exchange the item or get a store credit. Item(s) must be new and in perfect condition to be eligible for a return. Returns must be sent, with the original receipt you printed from the Site when purchased or with the Return & Exchange Document included in your package, to the following address (post/courier fully paid by you):

You may also contact Customer Service for a UPS return label.

Longchamp E-Store

Yorkdale Shopping Center

3401 Dufferin Street Unit 312A

Toronto, ON M6A 2T9

PASSWORDS

Longchamp will not be liable for any expenses or damages relating to any unauthorized use of such password. You are responsible for the security of your account and password.

DISCLAIMER OF WARRANTY

You accept and agree that Longchamp does not guarantee or represent that:

-  This Site is free from malware, unauthorized code, viruses, worms, trojan horses or other destructive material; or,

-  Information contained on this Site is accurate, complete or up to date.

This Site may contain technical defects; Longchamp does not agree or guarantee that any such defects will be corrected. 

YOU AGREE AND ACCEPT THAT THE CONTENTS OF THIS SITE AND ALL GOODS THAT MAY BE PROVIDED IN ANY CONNECTION WITH THIS SITE ARE PROVIDED "AS IS", ARE FOR YOUR END USE ONLY, AND ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT, ARE EXPRESSLY DENIED AND DISCLAIMED, EXCEPT TO THE EXTENT THAT SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID.  EXCEPT AS OTHERWISE EXPRESSLY AGREED, LONGCHAMP MAKES NO REPRESENTATIONS, WARRANTIES, COVENANTS OR GUARANTIES AS TO THE SECURITY, CONFIDENTIALITY, QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF THIS SITE OR ANY OF THE CONTENTS OF THIS SITE, OR CONCERNING ANY GOODS THAT MAY BE PROVIDED OR SOLD IN ANY CONNECTION WITH THIS SITE.

GENERAL DISCLAIMERS

YOU AGREE AND ACKNOWLEDGE THAT YOUR USE OF THE SITE AND/OR THE SERVICE(S) IS AT YOUR SOLE RISK. LONGCHAMP AND ITS AFFILIATES, THIRD PARTY LICENSORS AND SERVICE PROVIDERS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND/OR SERVICE(S) AND YOU’RE USE THEREOF. LONGCHAMP MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE ACCURACY OR COMPLETENESS OF THE CONTENT ON THE SITE AND/OR THE SERVICE(S) OR ON ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR USE OF THE SITE AND/OR SERVICE(S), (III) ANY UNAUTHORIZED ACCESS TO OR USE OF LONGCHAMP’S SECURE SERVERS OR ANY AND ALL PERSONAL OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF YOUR USE OF THE SITE AND/OR SERVICE(S), (V) ANY BUGS, VIRUSES, OR TROJAN HORSES, OR RELATED PROBLEMS THAT MAY BE ACQUIRED OR TRANSMITTED IN CONNECTION WITH THE SITE AND/OR THE SERVICE(S), AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY USER CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, PROVIDED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE OR THE SERVICE(S). LONGCHAMP DOES NOT REPRESENT, WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY ON THE SITE, SERVICE(S), ANY LINKED WEBSITE, OR BANNER OR OTHER ADVERTISING, AND LONGCHAMP WILL NOT IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS.

Some or all of the above limitations may not apply to you as some jurisdictions do not allow the exclusion or limitation of liability for incidental or consequential damages.

LIMITATION OF LIABILITY

IN CONNECTION WITH YOUR VIEWING AND USE OF THIS SITE, INCLUDING IN ANY CONNECTION WITH ANY COMMERCIAL TRANSACTIONS THAT MAY BE UNDERTAKEN IN ASSOCIATION WITH THIS SITE, EXCEPT AS OTHERWISE EXPRESSLY AGREED TO BY LONGCHAMP IN WRITING, LONGCHAMP SHALL NOT BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DAMAGES, HARM, LIABILITY, LOSS, COST, EXPENSE, OR INJURY SUFFERED IN ANY CONNECTION WITH THIS SITE WHATSOEVER, INCLUDING AS A RESULT OF USING, ACCESSING, COPYING, OR DOWNLOADING ANY PART OF THIS SITE'S CONTENT. IN NO EVENT SHALL LONGCHAMP BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, THIRD PARTY, INCIDENTAL, OR CONSEQUENTIAL DAMAGE (INCLUDING LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE) HOWEVER SAME ARISES, WHETHER FOR BREACH OF CONTRACT, OR IN TORT, NEGLIGENCE, EQUITY, OR OTHERWISE EVEN IF LONGCHAMP HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

YOU AGREE TO HAVE SOLE RESPONSIBILITY FOR ADEQUATE PROTECTION AND BACKUP OF DATA AND/OR EQUIPMENT USED IN CONNECTION WITH THE SITE AND WILL NOT MAKE A CLAIM AGAINST LONGCHAMP FOR LOST DATA, RE-RUN TIME, DATA CORRUPTION, BREACH OF SECURITY COMMUNICATION INTERCEPTION, INACCURATE OUTPUT, WORK DELAYS OR OTHER LOSS WHATSOEVER RESULTING FROM ANY USE OF THIS SITE.

APPLICABLE LAW

You agree and acknowledge that this Site, and its commercial operations and transactions, occur solely within the United States, regardless of where users of this Site may be located when they access this Site.  You agree that the laws of the State of New York without regard to principles of conflict of laws, will exclusively govern any dispute of any sort that might arise between you and Longchamp regarding your visit to and use of the Site, your use of the Services or these Terms Of Use And Purchase. You agree that any and all claims arising out of use of this Site and/or the Service will be tried in the State of New York and the New York courts in New York County will have exclusive jurisdiction and venue and you consent and submit to the exclusive personal jurisdiction of such court over any claim, suit, or proceeding arising out of these Terms Of Use And Purchase.  You agree that his Site does not have any material, substantial or relevant connection to any jurisdiction other than the State of New York, U.S.A.

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