We are delighted to welcome you to the Lipault website, the official online store for the brand Lipault Paris, where you can browse, select and order products advertised on the website from Lipault Paris Australia care of Samsonite Australia Pty Ltd.
1. USER AGREEMENT
2. REGISTRATION AND USER REQUIREMENTS
- 1. You must be a registered user or guest (“User”) to place orders and access some features of the Website. You will provide us with personal information including your full name, address, a valid email address and a telephone number. You must ensure this information is accurate and current.
- 2. By using the Website and its associated functionality, and if you opt in to receive email updates from us, you grant your express consent to us to send you direct marketing communications to the email address you provide, from which you may unsubscribe at any time. Your consent to receipt of certain communications may be implied from the use of certain functional aspects of our service, such as receiving reminders that items are in your shopping cart if you leave the page during a transaction.
- 3. To register an account and/or order from the Website you must be at least 18 years old, have a current Australian residential/business address and have capacity to enter into a legally binding agreement with us.
3. ACCESS AND USE OF THE WEBSITE
- 1. You must only use the Website through the interfaces provided by us and in accordance with these terms and any applicable law.
- 2. You must not (or attempt to):
- a. interfere (or attempt to interfere) or disrupt (or attempt to disrupt) our site or the servers or networks that host our site;
- b. use (or attempt to use) data mining, robots, screen scraping or similar data gathering and extraction tools on our site;
- c. interfere (or attempt to interfere) with security-related or other features of our site; or
- d. use, copy or distribute (or attempt to use, copy or distribute) content without our express permission.
4. INFORMATION ON THIS WEBSITE
- 1. Lipault uses its best efforts to keep the information on the Website updated. However, it is not possible to guarantee the complete absence of errors on the Website. The information and other material published on this Website may include inaccuracies or typographical errors. The weights, dimensions and volumes of the products are approximate only. We have made reasonable efforts to ensure that product information is accurate and to display as accurately as possible the colours of our products. However, we cannot guarantee that your screen’s display will accurately reflect the colour of the product on delivery.
- Changes are periodically made to the information on the Website without notice to you. Lipault reserves the right to change the Site at any time, in its discretion. Lipault does not warrant that the functions contained in the Website or any materials or content contained therein will be uninterrupted or error free, that defects will be corrected, or that the Website or the server that makes it available is free of viruses or other harmful components. Lipault shall not be liable for the use of the Website, including, without limitation, the content and any errors contained therein.
- 2. While we make efforts to ensure that items listed as cabin carry-on/hand luggage meet current airline restrictions, we cannot be held responsible if an airline applies other check-in standards or if airlines or airports change their restrictions.
- 3. You agree to make your own enquiries to verify information provided and to assess the suitability of goods before you order the goods.
5. DISCLAIMER AND LIABILITY
- 1. To the fullest extent possible at law, we exclude all liability to you or anyone else for loss or damage of any kind or nature relating in any way to the Website including, but not limited to, loss or damage you might suffer as a result of:
- a. errors, mistakes or inaccuracies on the Website or our social media pages;
- b. you acting or not acting, on any information contained on or referred to on the Website and/or any linked Website or our social media pages;
- c. personal injury or property damage of any nature resulting from your access to or use of the Website;
- d. any unauthorised access to or use of our secure servers and/or personal information and/or financial information stored on those servers;
- e. any interruption or cessation of transmission to or from the Website and/or;
- f. any bugs, viruses, Trojan horses or other harmful code or communications which may be transmitted to or through our Website by any third party.
- 2. Where any law (including the Australian Consumer Law) provides a guarantee which may not be lawfully excluded, our liability will be limited to that provided by law.
- 3. Except as required by law, in no event shall we be liable for any loss or any special, incidental or consequential damages arising out of or in connection with our Website or this Agreement (however arising, including negligence). You agree to accept sole responsibility for the legality of your actions under the laws that apply to you. You agree that we have no responsibility for the legality of your actions.
- 1. You will at all times indemnify, and keep indemnified, us and our directors, officers, employees and agents from and against any loss (including reasonable legal costs and expenses) or liability incurred or suffered by you or by us arising from any claim, demand, suit, action or proceeding by any person against you or us where such loss or liability arose out of, in connection with or in respect of your conduct or breach of this Agreement.
- 1. The Website may contain links to external websites that are not operated by us. Lipault does not make any endorsements, or representation as to the accuracy of information contained within those websites. These links are provided for your convenience only and you agree that:
- a. Lipault makes no representations or warranties, or have any responsibility or liability for those websites;
- b. the links do not indicate, expressly or impliedly, that Lipault endorses the site or the products or services that are provided at those sites; and
- c. you access and use the products and services made available at those sites solely at your own risk.
8. PLACING ORDERS
- 1. You are responsible for all orders placed on your account, including for any discrepancies or errors in your order caused by you.
- 2. The promotion of goods or services on the Website does not constitute an offer to sell. It is an invitation to treat only.
- 3. Orders placed by you are offers to purchase goods under the terms and conditions in this Agreement at the price specified (including delivery and other charges).
- 4. Goods in your cart are only reserved for a limited period of time, specified by us. Orders are only confirmed once payment is received in full.
- 5. We may reject your order, including in circumstances where we believe there may be a credit card fraud, or where we later become unable to ship your order, or if there has been an error in the price or product description on the Website.
- 6. You must review your order carefully before placing it. Once an order is confirmed, you are unable to cancel or change it. If you have any problems with your order, then you must go through the normal returns process outlined in this Agreement. In the event that we cancel or are unable to fulfil your order, we will provide a full refund of any payment received.
- 7. You acknowledge that all orders through the Website are with respect to Goods intended for personal and domestic use only and non-commercial use, and quantity restrictions may apply as set out on the Website from time to time.
9. PRICE AND PAYMENT
- 1. The prices of goods, delivery and other charges shown are in Australian dollars.
- 2. The price of the product(s) you order is the price that is displayed on the Website at the time you confirm your order and will be confirmed on the e-mail order confirmation. All prices displayed are inclusive of GST.
- 3. All payments must be received in full prior to dispatch of goods. If your payment is not received or is declined by us, your bank or credit card issuer, we cannot and will not hold items against your order.
10. PROMOTIONS AND DISCOUNTS
- 1. Lipault online offers and promotions may only be used at the Website and do not apply to purchases at other online or retail outlets. You may receive online offers and promotions which include a promotional or coupon code (Code) for use when shopping at the Website. It is your responsibility to ensure that the Code is valid, and that you enter the Code at the time of making your purchase online. We cannot apply the Code retrospectively once you have submitted your Order.
- 2. Terms and conditions will apply to the use of the offer or promotion. Please read these carefully to make sure you can take proper advantage of these offers. Any Code is non-transferable and, unless expressly stated, may not be used in conjunction with any other offers. If your code is lost or stolen it will not be reissued.
- 3. Any % off stated applies to the Australian recommended retail price (RRP) of items, including the Australian GST component of that price.
- 4. 15% off sign up promotional code offer valid for online purchases only. Limit of one promo code per person. Code must be redeemed within 30 days of receipt. This code cannot be combined with other discounts or promotions.
11. SUPPLY AND DELIVERY OF GOODS
- 1. Subject to this Agreement, we will supply the goods shown on your order confirmation. We will use our best endeavors to meet indicated timeframes for delivery, however we cannot guarantee delivery timeframes will be met.
- 2. We offer standard delivery free of charge to all residential/business addresses in Australia. We are unable to deliver items to Norfolk or Christmas Islands or overseas or to PO Boxes (including AFPO).
- 3. We deliver Monday till Friday, except public holidays.
- 4. Erroneously communicated addresses are the responsibility of the User and may lead to extra charges that will be recovered from the User.
- 5. We ship our products using Australia Post’s eParcel service. We require someone to sign for delivery. You accept that a delivery is signed for by a person other than the User, provided that such person is present at the delivery address and an adult of 18 years or age or over.
- 6. If you’re not at home during delivery, Australia Post will leave a card with instructions on how to collect your parcel. This card/notification generally means that your parcel is waiting for you at a local post office. You will need to present this card to the post office when you pick up your parcel, together with photo identification. Please try and arrange pick-up as soon as possible as some post offices will only keep your parcel for a short period of time before they return it to us.
12. PACKAGING AND LABELLING
- 1. We endeavor to depict goods available for order using accurate images of the goods. At times, however, goods actually delivered may to a small extent differ in appearance and packaging from their appearance in images and photographs on the Website.
13. GOODS OUT OF STOCK
- 1. We reserve the right to notify you that goods for which you placed orders have become unavailable for reasons beyond our control. You will receive a full refund in the event we cannot fulfil your order.
14. DEFECTIVE GOODS
- 1. The Australian Consumer Law provides certain guarantees to consumers when they purchase goods and these guarantees cannot be excluded, restricted or modified. The time limit of consumer guarantees varies depending on the price and quality of the goods and may extend beyond this warranty or any applicable warranty provided by the manufacturer of the goods. These guarantees include:
- a. the goods will be of acceptable quality;
- b. the goods will be fit for a particular purpose;
- c. the goods will match their description; and
- d. the goods will match the sample or demonstration model.
- 2. Lipault offers an additional commercial warranty on certain products. For details of this warranty, please refer to the warranty card attached to the product and/or to the Website.
15. PROCESS FOR RETURNS AND REFUNDS
- 1. A return can only be made if products have been purchased on the Website. For returns of products purchased from another retailer, please contact the store of purchase.
- 2. When seeking to return a product, Users must complete the return form and submit it to our Customer Service team. Where required, we will provide you with a Return Authorisation and instructions on how to return your goods, with which you must comply.
- 3. You must cover the cost of the return if it is due to a change of mind and the product must be returned to us in its original condition (including authentic labels, use instructions, guarantee leaflets and other hang tags) in order to obtain a refund.
- 4. Once an item is returned we will either inspect your goods and investigate any claimed defect or, where we believe it is applicable, provide a remedy in relation to your goods. If we do not believe a remedy is applicable (for example, where we believe the goods have been misused or the defect/damage is not covered by the commercial warranty), we will reject your claim and return your goods to you. You must cover the cost of return shipping in order to receive goods we have rejected on inspection, and we will provide you with instructions on how to make this payment.
- 5. Refunds will be issued using the payment method used for purchase. We aim to process refunds and replacements within 14 days of receipt by us of the original product, however this may take longer depending on your item and the number of returns in our system.
16. SOCIAL MEDIA AND CONTENT
- 1. You understand that all information, such as comments, messages, text, files, images, photos, video, sounds and other materials (“content”) posted on, transmitted through or linked from the Website, our Facebook page, Instagram page, Twitter feed, Blog, or forum or other like application or site that allows for the publication of user generated material (“Social Media”), is the sole responsibility of the person from whom such content originated.
- 2. You understand that we do not control and are not responsible for content made available through the Website or Social Media unless it originates from us. Consequently, by using the Website or our Social Media pages you may be exposed to content provided by third parties that is offensive, indecent, inaccurate, misleading or otherwise objectionable. You use the Website at your own risk and to the extent permissible at law we do not accept liability in this regard.
- 3. As a member or participant on our Social Media pages, you agree that you are responsible for any content submitted, posted or made available through the Website via your account and you must not post (or allow) content to be posted through your account that:
- a. you do not have the right to post;
- b. is defamatory or in contempt of any legal or other proceedings;
- c. is misleading or deceptive;
- d. is offensive or discriminates against any group of persons being a group defined by reference to colour, race, sex, sexual orientation, origin, nationality or ethnic or national origins;
- e. denounces religious or political beliefs;
- f. contains religious or political material;
- g. is indecent, obscene, vulgar, pornographic or offensive;
- h. infringes any copyright, trade mark, patent or other intellectual property right of another person;
- i. contains any unsolicited or unauthorised advertising or promotional material;
- j. contains or links to viruses, malware, spyware or similar software; or
- k. impersonates any person or misrepresents your relationship with any person.
- 4. We reserve the right, in our absolute discretion, to pre-screen, refuse or remove any content from the Website or our Social Media pages without giving any reasons.
- 5. You understand and agree that we may retain server and backup copies of your submitted content even if you have altered, removed or deleted your content from public display.
17. INTELLECTUAL PROPERTY
- 1. All content, graphics, user and visual interfaces, photographs, trademarks, logos, artwork, and computer code, including but not limited to the design, structure, selection, coordination, expression and arrangement of such material contained or used in the Website is either owned, controlled, or licensed to Lipault, or is otherwise subject to the intellectual property rights of third parties and is protected by copyright, patent and trade mark laws and various other intellectual property rights. We reserve all intellectual property rights, including but not limited to, copyright in material and/or services provided or authored by us. Nothing in the Agreement gives you a right to use any of our marketing material, business names, trademarks, logos, images, domain names or other distinctive brand features.
- 2. Other trademarks used on the Website that belong to third parties are used with permission and remain the intellectual property of the third party.
- 3. You may not:
- a. modify or copy the layout or appearance of the Website nor any computer software or code contained in the Website; and/or
- b. decompile or disassemble, reverse engineer or otherwise attempt to discover or access any source code related to the Website.
- 4. If you correspond or otherwise communicate with us, you automatically grant to us an irrevocable, perpetual, non-exclusive, royalty-free, world-wide licence to use, copy, display and distribute the content of your correspondence or communication and to prepare derivative works of the content or incorporate the content into other works in order to publish and promote such content. This may include, but is not limited to, publishing testimonials on our Website and developing your ideas and suggestions for improved goods or services we provide.
- 1. We will not be liable for any delay in performing any of our obligations under this Agreement if such delay is caused by circumstances beyond our reasonable control.
- 2. This Agreement will be governed by and interpreted in accordance with the laws of Victoria, Australia. You irrevocably submit to the exclusive jurisdiction of the courts of the State of Victoria, Australia.
- 3. If any part of this Agreement is found to be void, unlawful or unenforceable then that part will be deemed to be severable from the balance of this Agreement and the severed part will not affect the validity and enforceability of any remaining provisions.
- 4. If we do not exercise or enforce any right or provision under this Agreement, it will not constitute a waiver of such right or provision. Any waiver of any provision under this Agreement will only be effective if it is in writing and signed by us.
19.QUESTIONS, COMPLAINTS, COMMENTS OR CUSTOMER SERVICE CONTACT
- 1. If you have any questions, or if you have technical problems in accessing information on our Website, please email firstname.lastname@example.org or call 1800 313 263.
20. USE OF INFORMATION OR SUGGESTIONS BY YOU REGARDING THIS WEBSITE
21. USE OF YOUR SUGGESTIONS TO LIPAULT REGARDING NEW PRODUCTS, FEATURES OR PROCESSES
- 1. A submission will not in any way establish a confidential relationship nor will it place Samsonite in the position of receiving a submission in trust and Lipault shall not be obligated and makes no commitment to treat or maintain as confidential such submissions.
- 2. Lipault shall have the right to retain any material submitted to it, to make copies thereof and to retain the same in its files.
- 3. No obligation is assumed by Lipault or may be implied by the receipt or examination of the submission unless or until a formal written agreement signed by Lipault and by you, and then Lipault’s obligations shall be only as expressed in that written agreement.
22. PRIVACY AND PERSONAL INFORMATION
“CHATEAU LIPAULT” PROMOTION
TERMS AND CONDITIONS
- Information on how to enter and the prize form part of these Terms and Conditions. Participation in this promotion is deemed acceptance of these Terms and Conditions.
- Entry is open to Victorian residents only.
- Entrants must be 18 years of age or older.
- Employees (and their immediate families) of the Promoter and agencies associated with this promotion are ineligible to enter. Immediate family means any of the following: spouse, ex-spouse, de-facto spouse, child or step-child (whether natural or by adoption), parent, step-parent, grandparent, step-grandparent, uncle, aunt, niece, nephew, brother, sister, step-brother, step-sister or 1st cousin.
- Entries into the promotion open on 11/03/2019 and close at 5.00pm AEST on 21/03/2019 (“Promotional Period”).
- To enter, individuals must complete the following steps during the Promotional Period:
- Agree to the Terms and Conditions; and then
- Submit the fully completed entry form.
- After completing the above steps, entrants will also be given the opportunity to win a Lipault Paris prize pack consisting of:
2 x tickets to ‘Chateau Lipault’ to be held at Gardens House, Royal Botanic Gardens, Birdwood Avenue, Melbourne VIC 3004 on 27 March 2019 between 11am – 2pm AEST;
- 8 x pieces from the Lipault Paris x Izak Zenou range.
- The Promoter reserves the right, at any time, to verify the validity of entries and entrants (including an entrant’s identity, age and place of residence) and reserves the right, in its sole discretion, to disqualify any individual who the Promoter has reason to believe has breached any of these Terms and Conditions, tampered with the entry process or engaged in any unlawful or other improper misconduct calculated to jeopardise fair and proper conduct of the promotion. Errors and omissions may be accepted at the Promoter's discretion. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights. The Promoter's legal rights to recover damages or other compensation from such an offender are reserved.
- Incomplete or indecipherable entries will be deemed invalid.
- Only one (1) entry is permitted per person
- If there is a dispute as to the identity of an entrant, the Promoter reserves the right, in its sole discretion, to determine the identity of the entrant.
- By completing the entry form and entering the competition, you will automatically be added to the Lipault Paris email database. You may opt out at any time.
- The draw will take place at Samsonite Australia, 5 Anzed Court, Mulgrave VIC 3170 on 22/03/2019 at 12pm AEST. The Promoter may draw additional reserve entries and record them in order in case an invalid entry or ineligible entrant is drawn. The winner will be notified in writing by email and/or phone and their name will be announced on Facebook and/or Instagram at https://www.facebook.com/LipaultParis_AU/ and/or on Instagram at @lipaultparis_au from 22/03/2019.
- The Promoter’s decision is final and no correspondence will be entered into.
- The first valid entry drawn will win a ‘Chateau Lipault’ experience and Lipault Paris prize kit valued at $1572.00 consisting of:
2 x Tickets to ‘Chateau Lipault’ at Gardens House, Botanical Gardens, Birdwood Avenue, Melbourne, VIC 3004 on 27 March 2019 between 11am – 2pm;
- 2 x Lipault Paris x Izak Zenou 55cm Spinner* - $658.00 RRP (**Winner can select colour);
- 2 x Lipault Paris x Izak Zenou Weekend Bag M* - $438.00 RRP (**Winner can select colour);
- 2 x Lipault Paris x Izak Zenou Cosmetic Pouch - $98.00 RRP (**Winner can select colour);
- 2 x Lipault Paris x Izak Zenou Tote Bag M - $378.00 RRP (**Winner can select colour)
**Prize and colour of bags is subject to availability.
- Transport to and from the venue, flights, accommodation, additional meals, taxis, insurance, items of a personal nature, and all other ancillary costs are not included and are at the winner’s expense.
- If for any reason the winner of the Lipault prize pack does not take the prize (or an element of the prize) at the time stipulated by the Promoter, then the prize (or that element of the prize) will be forfeited.
- If the Lipault prize pack is unavailable, the Promoter, in its discretion, reserves the right to substitute the prize (or that part of the prize) with a prize to the equal value and/or specification, subject to any written directions from a regulatory authority.
- Total prize pool value is $1572.00 AUD.
- The Lipault prize pack, or any unused portion of the Lipault prize pack, is not transferable or exchangeable. The prize cannot be sold or redeemable for cash.
- Entrants consent to the Promoter using their name, likeness, image and/or voice in the event they are a winner (including photograph, film and/or recording of the same) in any media for an unlimited period without remuneration for the purpose of promoting this promotion (including any outcome), and promoting any products manufactured, distributed and/or supplied by the Promoter.
- If this promotion is interfered with in any way or is not capable of being conducted as reasonably anticipated due to any reason beyond the reasonable control of the Promoter, including but not limited to technical difficulties, unauthorised intervention or fraud, the Promoter reserves the right, in its sole discretion, to the fullest extent permitted by law: (a) to disqualify any entrant; or (b) subject to any written directions from a regulatory authority, to modify, suspend, terminate or cancel the promotion, as appropriate.
- Nothing in these Terms and Conditions limits, excludes or modifies or purports to limit, exclude or modify the statutory consumer guarantees as provided under the Competition and Consumer Act, as well as any other implied warranties under the ASIC Act or similar consumer protection laws in Victoria (“Non-Excludable Guarantees”). Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter (including its respective officers, employees and agents) excludes all liability (including negligence), for any personal injury; or any loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of the promotion.
- Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter (including its respective officers, employees and agents) is not responsible for and excludes all liability (including negligence), for any personal injury; or any loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of: (a) any technical difficulties or equipment malfunction (whether or not under the Promoter’s control); (b) any theft, unauthorised access or third party interference; (c) any entry or prize claim that is late, lost, altered, damaged or misdirected (whether or not after their receipt by the Promoter) due to any reason beyond the reasonable control of the Promoter; (d) any variation in prize value to that stated in these Terms and Conditions; (e) if the event is delayed, postponed or cancelled for any reason beyond the reasonable control of the Promoter; (f) any tax liability incurred by a winner or entrant; or (g) use of the prize.
- The Promoter is Lipault Paris Australia (ABN 31006363248) of [5 Anzed Court, Mulgrave, VIC 3170], telephone [03 9549 3444].