Terms of use and sale

Welcome

We are delighted to welcome you to the Lipault website (hereinafter referred to as the "Site"), the official online store for the brand Lipault. We ask you to take the time to read these terms and conditions carefully (hereafter ‘Terms and Conditions’). Unless stated otherwise herein, the relationship between Lipault and its Users is exclusively governed by these Terms and Conditions that are deemed read and accepted by the User. If you do not agree to these terms and conditions in their entirety, please do not use the Site.

From time to time, when you use particular services or purchase products on this Site, you may receive additional guidelines, rules and policies applicable to such services and products, all of which are hereby incorporated by reference and will apply to your use of the Site.

Lipault may from time to time amend the Terms and Conditions by posting such change at the Site. Use by you after such change has been posted shall constitute acceptance of such changed terms.

For the meaning of the definitions used in these Terms and Conditions, please refer to section 20.

Identification

Aboutbags NV (Company Registry number Oudenaarde 0681 881 789) is the seller of the products displayed on the Site. Aboutbags NV has its registered office at Westerring 17, 9700 Oudenaarde, Belgium.

Aboutbags NV other contact details are as follows:

• Tel: + 33 176547369
• Fax: +32 51 696 83
• Email: support@lipault.com
• Nayan handles the communication on behalf of Aboutbags NV.

EPR Packaging: FR209181_01MGGN
EPR WEEE: FR028800_05SKWT
EPR Batteries: FR028800_064QEC

Accuracy of content

Lipault uses its best efforts to keep the information on the Site updated. However, it is not possible to guarantee the complete absence of errors on the Site. The information and other material published on this Site 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 colors of our products. However, we cannot guarantee that your screen's display will accurately reflect the color of the product on delivery. Changes are periodically made to the information on the Site 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 Site or any materials or content contained therein will be uninterrupted or error free, that defects will be corrected, or that the Site 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 Site, including, without limitation, the content and any errors contained therein however, this exemption does not apply to Lipault's obligation to enable the consumer to know the essential characteristics of the goods before a contract is concluded in accordance with article L.111-1 of the consumer code. Cabin carry-on/hand luggage restrictions: 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.

Prices

The price of the products you order is the price that is displayed on the Site at the time you confirm your order and will be confirmed on the e-mail confirmation confirming receipt of your order. All prices are in EURO, inclusive of VAT, excluding forwarding charges.

If a manifest error is found in the price of the products you have ordered or in the delivery charge, we will inform you as soon as possible and offer you the option of reconfirming your order at the correct price or cancelling your order. If you cancel, we will refund or re-credit you for the sum that has been debited from your credit card for the products.

Online Ordering

You can place an order if you are an adult aged 18 or over. The ordering process consists of following

• You add the products you want to purchase to your basket;
• You choose your delivery method;
• You enter the delivery address;
• You enter your billing address together with the payment information;
• You will be asked to accept the Terms and Conditions;
• Before you submit your order, you will be given the opportunity to review your selection, check the total price of your order including the shipping charges.

After submitting your order, we will send you an e-mail confirming receipt of your order. At that time we reserve the corresponding amount on your credit card, and we debit your card when we ship the goods.

If you pay by credit card, you will receive an e-mail containing your payment status.

As soon as the goods are shipped, you will receive a notification (the "Shipping Notification E-mail"). All orders are subject to availability of the products at the time of dispatch.

Payment

The payment modalities we accept are mentioned on our Site. Payment must be made in EURO. Please refer to the Privacy Policy posted on the Site for further information regarding internet fraud and secure payment.

Lipault retains title in the sold goods until we have received full payment of the price and shipping charges, and possible late payment interests and/or indemnities.
While Lipault is the seller, you must make payment to the bank account of Nayan, details displayed on the payment pages of the Site.

Gift card policy

Purchase of gift cards

1. Lipault eGift Cards are available in 18 European online Lipault shops. The eGift Cards may only be redeemed online via the online Lipault shop from where the eGift Card was purchased.
2. eGift Cards are available in different designs and you can include a personal message to be sent with the eGift Card. Lipault does not assume any responsibility for the content of your personal message, although Lipault reserves the right to refuse to include your personal message on the eGift Card, if the message is considered inappropriate.
3. eGift Cards are available in all denominations, with a minimum of EUR 50 and a maximum of EUR 1,000, via the following websites: www.lipault.at, www.lipault.be, www.lipault.ch, www.lipault.de, www.lipault.dk, www.lipault.es, www.lipault.fi, www.lipault.fr, www.lipault.lu, www.lipault.nl, www.lipault.no, www.lipault.pl , www.lipault.se, www.lipault.fr.
4. The eGift Cards are sent to you for free via email. Even if an eGift Card is part of an order that includes other Lipault products, the Gift Card will be sent to you separately by email.

Validity of gift cards

1. The eGift Card is only valid on the website where it was purchased for a period of 12 months following the purchase of the eGift Card. If the eGift Card expires, any unused balance will be lost. This cannot be redeemable in cash or as credit.
2. The eGift Card may not be exchanged or returned for cash or credit. Resale of the Lipault eGift Card to third parties is prohibited.
3. eGift Cards and their use on Lipault online shops are subject to the General Terms and Conditions of Sale and Use for online purchases and Lipault’s Privacy Policy. Lipault reserves the right to change these terms and conditions at any time without notice. You are expected to have read through the eGift Card Policy as well as Lipault’s General Terms and Conditions of Sale and Use for online purchases. The General Terms and Conditions of Use and Sale can be found here.
4. This eGift Card Policy as well as the General Terms and Conditions of Sale and Use as referred to above in Article 2.3 are subject to change.

Use of your egift card

1. An eGift Card may not be used to purchase another eGift Card.
2. The value of an eGift Card may not be changed or exchanged. An eGift Card may only be used for purchases on the Lipault website where the eGift Card was purchased.
3. When purchasing an eGift Card, the card value may not be taken into account for obtaining discounts offered on products, shipping, and/or free gifts based on a fixed purchase amount.
4. Only one eGift Card may be redeemed per order. To use the eGift Card, you must add your Lipault product(s) to your shopping cart. You may enter your eGift Card code:
   

   How do I use my gift certificate?

   If you’re lucky enough to have a gift certificate for our online store, you can get a pre-specified amount off when you buy products online.

   There are 2 ways of redeeming your gift certificate:

   1. Through your shopping cart
      • Pick a product from our online store.
      • Go to your shopping cart by clicking CART at the top right of the screen.
      • Select your preferred shipping method.
      • Below the shipping method fields you will find the text “Enter promo code”. Click on this.

      A small box will appear where you can fill in your code. After adding your code, click “Apply”. Your gift certificate will have been applied.

      N.B. You will not be able to check the balance of your gift certificate using the above method. Please use the second method of redeeming your gift certificate as described below.

   2. Through the checkout page

      If you would like to check the balance of your gift certificate, please follow these steps:

      • Pick a product from our online store.
      • Go to your shopping cart by clicking CART at the top right of the screen.
      • Select your preferred shipping method and click the “checkout” button at the bottom right.
      • Once you are on the checkout page, scroll below the Shipping and Billing Address sections. Here you will find the following text “Do you have a gift certificate?” Select “yes”.

      A small box will appear where you can fill in your code. After adding your code, click “Apply”. To check the balance of your gift certificate click the “check balance” link below the certificate box.

      Your payment will only be processed after you have verified your details, accepted the terms and conditions, and clicked the ‘Place order’ button.

5. The total order (i.e. the price of the products, any applicable sales tax, and shipping costs) will be deducted from the balance on the eGift Card. The balance on the eGift Card will be updated once your order has been processed.
6. If the value of the purchased products is less than the total value of the eGift Card, any unused balance will remain on the eGift Card for future orders for which the same eGift Card data will be used. If the value of your order exceeds the total value of the eGift Card, you will be asked to pay the difference via another payment method.
7. Lipault reserves the right to refuse, cancel, or hold orders paid for with an eGift Card in case of suspected fraud, mistakenly issued e-Gift Cards, or other violations of this eGift Card Policy.

Return of products paid for with an egift card

If you return a Lipault product (within the period indicated in the online shop policy) that was paid for with an eGift Card, you will receive a new eGift Card with the same period of validity as that of the eGift Card used earlier and a balance equal to the purchase amount. The eGift Card used for the purchase will expire.

egift card balance

1. You may check the balance on your eGift Card at any time here. The balance on the eGift Card can be verified using a valid Gift Card number.
2. We would like to point out that it is currently not possible to recharge the eGift Cards.
3. If you want more information about the eGift Card, please send an email to support@lipault.com.

Lost or stolen gift cards

Lipault is not responsible for the loss, theft, destruction, or unauthorised use of eGift Cards. The holder of the eGift Card shall not receive any compensation for the above.

Sale contract

No sale contract will exist between you and Lipault until Lipault dispatches the products. All information on our Site is an invitation to treat only and is not an offer or unilateral contract. Your order represents a binding offer by you to purchase our products. The sale will only be binding once we have notified you by means of the Shipping Notification E-mail that the goods have been dispatched to you.

Lipault reserves the right to refuse an order, for any reason, wholly or partially, and in any case in the following cases:

• If the product is not available;
• If your billing information is not correct or not verifiable;
• If your order is flagged up by the security systems as an unusual order or an order susceptible of fraud;
• If your bank transfer payment/reservation is not received timely;
• If we have reason to believe you are under 18;
• If we have reason to believe you are a reseller;
• If there was an error in the price quote;
• If we could not deliver to the address provided by you;
• In the event of force majeure.

Delivery restrictions - country of delivery

• Care of PO Box addresses and military APO addresses are not accepted.
• We deliver from Monday till Friday, except for bank holidays.
• Through our Site (www.lipault.fr) the products are delivered in Monaco, Corsica and mainland of France, except for Dom-Tom.

Delivery

We will use all reasonable efforts to deliver the products ordered within the timescales indicated on the individual order confirmation to the User. Such timescales are not guaranteed delivery times and should not be relied upon. Erroneously communicated addresses are the responsibility of the User and may lead to extra charges that will be recovered from the User.

All goods will be dispatched from Lipault. If your product is not delivered within the specified timescale, please contact us with your client number or order number. You may then treat the sale contract as at an end and request a full refund for the relevant products as your only remedy. You may also specify a new delivery period that is appropriate in the circumstances and require Lipault to deliver the products before the end of that period; and then, if Lipault does not deliver in that extended period you may treat the sale contract as at an end and request a full refund for the relevant products.

We only ship via a professional courier. We always require someone to sign off for delivery. You accept that a delivery is signed off for by a person other than the User, provided that such person is present at the indicated address and an adult of 18 years or over. If there is no one present at the time of delivery, you will be asked to contact our courier service to arrange an alternative delivery date.

Defective product or wrong delivery

You must check whether your shipment is correct upon delivery. If there are discrepancies or problems with your order, please follow the returns procedure described under clause 10 below, but for faulty goods or goods being returned due to our error we will also refund any cost incurred in returning the item. Subject to availability, we will send you a new Shipping Notification E-mail and we will automatically and immediately ship to you at our own costs the correct replacement product.

Return Form

Please follow the procedure described in this clause 10 below if you are to return any products under clause 9 above or as a result of incorrect products being delivered or in any other circumstances that Lipault agrees with you for a return to be made. You may also use this process for the statutory withdrawal/cancellation mentioned in clause 11.

1. Please complete the return form. We will e-mail you a return label, a return number together with the return instructions.
2. Pack the item to be returned (only unused items, with authentic labels, use instructions, guarantee leaflets and other hangtags and wrappings) in its original carton to prevent damage while in transit.
3. Please print the return label and tape it on your return package. The return label will comprise all required data like your name; your address and the return address; your phone number; item number and/or description of item being returned; and the return number.
4. Please carefully read the return instructions and contact our express courier for pick up as indicated in the return instructions. You have to organize the pick up by our express courier as soon as possible and in any event within 14 calendar days from the date you notified us of your return request.
   Christmas offer: Online orders placed between 07/12/2022 and 23/12/2022 can be returned until the 13th of January 2023. Personalised products cannot be returned.
5. In the event that you have not respected all of the return requirements, we will advise you by email to clarify why we have not been able to approve it within 14 days.

Only goods purchased online on the Site can be returned. As for any other return, we advise you to contact the store where you have purchased the goods.

Distance selling – right of retraction/cancellation

You have no right of retraction/cancellation for the supply of goods made to the customer’s specifications or clearly personalized.

Right to cancel

You have the right to retract/cancel from the sale contract within 14 days without giving any reason.

The retraction/cancellation period will expire: (i) after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the products; or (ii) in the case of a sales contract relating to multiple products ordered by you in one order and delivered separately, after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last of the products.

To exercise the right of retraction/cancellation, you must inform us of your decision to cancel this contract by a clear statement (e.g. a letter sent by post, fax or email).

You may use the model cancellation form but it is not obligatory. You can also electronically fill in and submit any other clear statement on our Site using the return form (and we encourage you to use the return form for more efficiency in processing the retractions/cancellation). We will communicate to you an acknowledgement of receipt of such a cancellation on a durable medium (e.g. by email) without delay.

To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.

Effects of cancellation

If you retract/cancel from the sale contract, we will reimburse to you all payments received from you, including the cost of delivery (except for supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us).

We make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is the result of unnecessary handling from you.

We will make the reimbursement without undue delay and not later than 14 days from the day on which we are informed about your decision to withdraw from this contract.

We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.

We will collect the goods in the manner described in the Return Form, and bear the costs related thereto. You are only liable for any diminished value of the products resulting from the handling other than what is necessary to establish the nature, characteristic and functioning of the goods. You should not yourself send back the goods in a manner other than set forth in the Return Form; if you may do so anyhow, you are doing so at your own cost and responsibility.

Limitation of Liability

WE USE REASONABLE COMMERCIAL EFFORTS TO KEEP THE SITE UNINTERRUPTED AND ERROR FREE. WE ALSO ENDEAVOR TO PROTECT THE SITE AGAINST COMPUTER VIRUSES AND OTHER ‘MALWARE’. TAKING INTO ACCOUNT THE NATURE OF THESE DANGERS AND THE INTERNET, IT IS YOUR RESPONSIBILITY TO TAKE THE NECESSARY PRECAUTIONS AND MEASURES TO PROTECT YOUR COMPUTER AND SYSTEM, AS YOUR USE OF THE SITE AND THE INFORMATION THEREON OCCURS EXCLUSIVELY AT YOUR OWN RISK.

WE CANNOT BE HELD RESPONSIBLE FOR THE USE OR THE INABILITY TO USE THE SITE, THE SITE’S CONTENT OR ANY LINK TO ANOTHER WEBSITE, OR THE PERFORMANCE OF THE PRODUCTS PURCHASED ON THE SITE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE SHALL NOT BE RESPONSIBLE FOR (I) LOSSES THAT WERE NOT CAUSED BY ANY BREACH ON OUR PART, OR (II) ANY (BUSINESS) LOSS (INCLUDING LOSS OF PROFITS, TIME, REVENUE, DATA), OR (III) ANY INDIRECT OR CONSEQUENTIAL LOSSES THAT WERE NOT FORESEEABLE TO BOTH YOU AND US WHEN YOU COMMENCED USING THE SITE.

OUR ENTIRE LIABILITY IN CONNECTION WITH THE SALE CONTRACT WILL NOT EXCEED THE PURCHASE PRICE OF THE PRODUCTS IN QUESTION.

THESE TERMS AND CONDITIONS DO NOT AFFECT YOUR STATUTORY RIGHTS.

Warranty

(a) Legal Warranty:
Consumers are entitled to the legal warranty. It covers lack of conformity of the goods at the time of the delivery. The seller undertakes to replace or repair the concerned goods (or parts) free of charge. The seller reserves the right to exchange the article if the costs for a repair are disproportionate, or if a repair is impossible. The consumer has the burden of proof to show that defects that appear after a period of 6 months following delivery were in place at the time of delivery.

(b) Commercial Warranty:
Lipault also offers an additional commercial warranty on certain products. For details of this warranty, please refer to the warranty card and/or to the Site.

Questions, complaints, comments or service contact

If you have any questions, or if you have technical problems in accessing information on our Site, please contact: support@lipault.com.

Use limitations and intellectual property rights

All brand names, product names and titles used on the Site are trademarks or trade names of Lipault or third party trademark or trade name holders. You are not allowed to use or reproduce any such trademarks or trade names as they may constitute an infringement of the holders' rights. All Site design, texts, documents, movies and other services and the selection and arrangement thereof, and all other material on this Site are protected by copyright of Lipault or its suppliers. You are only allowed to electronically copy and print portions of the Site to the extent this is necessary for the purpose of placing an order, or for using the Site as a shopping resource. You are not allowed to make any other use of the information and materials on the Site, including reproduction for the purposes other than those noted above, modification, distribution, or (re)publication. Should you wish to use materials and information from this Site, you need to obtain Lipault's prior written consent.

Use of information and suggestions by you regarding this Site

In the event you provide to Lipault or post any material, information, suggestions or comments on or through the Site about the Site, the way in which Lipault conducts its business, or the operation of the Site, Lipault reserves the right to use such material, information, suggestions or comments in its discretion, with no compensation or credit to you. You hereby grant to Lipault a non-exclusive, perpetual, worldwide, royalty free license to utilize and publish such information and material, in whole or in part. However, use by Lipault of information by which you may be identified (such as your name, address, social security number and telephone number), will be governed by the Site's Privacy Policy , discussed below.

Use of your suggestions to Lipault regarding new products, features or processes

(a) A submission will not in any way establish a confidential relationship nor will it place Lipault 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.

(b) Lipault shall have the right to retain any material submitted to it, to make copies thereof and to retain the same in its files.

(c) 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.

Privacy Policy

We consider your privacy as very important and we want to be sure you are aware of and agree with the way in which we may use your personal information. You can find our Privacy Policy on www.lipault.fr. By placing an order on the Site you consent to the collection, use and transfer of your personal data under the terms of the Privacy Policy.

Definitions

Within the scope of these terms and conditions, the terms listed hereafter shall be deemed to have the following meaning, unless explicitly mentioned otherwise:

• Terms and Conditions: these terms and conditions and all its additions or updates.
• Nayan: Nayan NV, public limited liability company, incorporated under Belgian law (so-called NV), having its registered office at 8850 Ardooie, Pittemsestraat 58D (Belgium), Company Registry number Kortrijk 0806.661.106; Nayan is responsible for the technical support of the functioning of the Site.
• User: someone who by entering the address of this Site or by following a link visits this Site and uses it for informative purposes or to place an order.
• Lipault: Aboutbags NV, Westerring 17, 9700 Oudenaarde, Belgium (RPR Oudenaarde 0681 881 789). With respect to intellectual property rights "Lipault" means Samsonite IP Holdings Sarl, with registered office at 13-15 Avenue de la Liberté, L-1931 Luxembourg and with Company number B147735.
• Site: a collection of webpages grouped together under the address of www.lipault.fr.

Governing law

Any dispute regarding the validity, the interpretation and/or the execution of the Terms and Conditions is solely governed by the laws of Belgium and the Belgian courts, without prejudice to the right of a consumer to bring a dispute before the court that is competent on the basis of mandatory legal provisions. The application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded. If you are a consumer and have your habitual residence in the EU, you additionally enjoy the protection afforded to you by mandatory provisions of the law of your country of residence. The User agrees that in the event of a dispute with respect to the use of the Site, electronic evidence (e.g. e-mails, back-ups, etc.) can be used as valid evidence.

If any of the Terms and Conditions may be declared null and void or not applicable, the other terms and conditions will remain valid and the portion declared null and void will remain applicable within the boundaries set by law.

Entire Agreement

These Terms and Conditions supersede all prior terms applied with the User.

For any questions, remarks or technical issues with respect to this Site, please contact us.

These terms and conditions were last updated on 08/03/2022.