These General Terms and Conditions (the "Terms") will apply when you access the Lacoste Online Shop (the "Website") or place orders to purchase any of the products on the Website. Any reference to "we"/“us”/"our" in these Terms is a reference to Devanlay E-commerce located at 23-25, rue de Provence 75009 Paris, France, (VAT registration number FR 92403285513) and any reference to "you"/"your" means you, the user of the Website.
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. We recommend that you keep a copy of these Terms for future reference. Click here to print or download a copy.
2. Registering for a Personal Account
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.
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 third party. You shall 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 party. Without prejudice to our other rights and remedies, we may suspend your access to the Website without liability to you, if in our reasonable opinion, such action is necessary for safeguarding the Website. You will be responsible for any misuse of your user ID and password.
3. Our Contract
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 in the way specified below, your order forms a binding contract of sale between you and us as further set out at clause 4 below.
Purchases made on the Website are 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.
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 Order Process
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 “Continue” button you submit an offer to buy the products in the Shopping Bag. Before placing an order you can view and amend your order details at any time by clicking on the “Shopping Bag & Checkout” button.
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.
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.
Such acceptance will be complete at the time we send the Acceptance Email to you. 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. You are seeking to enter into a contract with us when you place an order. We will retain the title in the products until full payment has been made by you and has been received by us.
We reserve the right to hold any orders prior to shipping for security review.
5. Availability of Products and Delivery Times
We will notify you of the estimated delivery time for your products in the Acceptance Email. 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 Germany 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. We will endeavour to deliver all products you have ordered within the time period specified on your Acceptance Email. Please note that delivery dates are estimates only. Unless otherwise stated, dispatch dates are not guaranteed and should not be relied upon.
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 8.
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 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.
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.
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 ship to the Channel Islands. In the event that an order is placed for a delivery to a location where we do not deliver to the order will be cancelled and a refund processed.
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.
Where you have ordered multiple products, we may sometimes need to deliver your products in more than one delivery.
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.
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.
6. Prices and Delivery Charges
All of the prices listed on the Website include the currently applicable statutory value-added tax.
The prices shown on the Website are stated in Pounds Sterling and exclude delivery charges. Despite our best efforts, a small number of the products on our Website may be mis-priced. 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.
Our delivery charges are as follows:
Standard Delivery: £3.95 Express Delivery: £9.95
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.
Where you order multiple products, you will only be charged one delivery charge.
Payment for your products must be made via credit or debit card, via Paypal or other means as specified on the payment page.
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.
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.
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.
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 websites the products must be returned to the original store or site which they were purchased from.
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. Our Returns Procedure does not affect your statutory rights.
You may return new, unworn or unused products which you wish to return within fourteen (14) days from the date on which the products were shipped to you.
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.
Please note: your right to return products is separate from your statutory right to cancel your order under the Distance Selling Regulations (see below).
If you are returning products, returns are free of charge. Please use the prepaid label included in the parcel to return the products. For further details please see our FAQ section on how to return your products.
In the case of returns, you will only be refunded the value of the products ordered. We will not refund the original delivery charge.
Please note: you will only be reimbursed the original delivery charge where you exercise your statutory right to cancel within the 7 working day period beginning after the day of receipt of the products under the Distance Selling Regulations – see Statutory Right to Cancel below.
We will only pay for re-delivery costs (if applicable) if the return is a result of our error or the products are faulty.
This Returns Procedure does not affect your statutory right to cancel or any of your other statutory rights.
Statutory Right to Cancel
In addition to our Returns Procedure, under the Distance Selling Regulations you also have seven (7) working days (beginning the day after receipt of the products) to cancel your order.
Where you exercise your statutory right to cancel, we will provide a full refund on the price paid for the products and the original delivery charge.
Where you fail to return the product(s) in question we reserve the right to charge you for the direct costs incurred by us in collecting or returning the products (other than where the products have been sent to you in error or where such products are faulty in which case, such costs shall be at our expense).
Where you exercise your right to cancel within 7 (seven) working days, you should return the products to us as soon as reasonably practicable. Please note: if we have provided any services as part of the purchase (e.g. products made to order or gift wrapping) and we have begun to provide these services before you have exercised your right to cancel, we shall not reimburse the costs of such services.
How do I exercise my statutory right to cancel?
In order to exercise your right to cancel, please:
write to us at Lacoste Online Shop, Alte Ricklingerstr. 59 – 61, D-30823 Garbsen, Germany
making it clear in your correspondence that you are giving notice to exercise your statutory right to cancel.
Your email, letter or fax will be deemed to have been received by us on the date you send it (provided it is sent to the correct address and it is sufficiently clear that you are exercising your right to cancel). Please try and keep the confirmation of any fax, letter or email to demonstrate the date when you sent it.
Conditions for All Returns, Exchanges or Statutory Right to Cancel.
All products must be returned to us unused, together with all original packaging (please note you have a duty to take reasonable care of returned products and any refund may be withheld or a charge incurred if you fail to take such care and damage the products). Please make sure that your return package is packed and sealed securely (in or with the original packaging if possible). We recommend the use of an insured parcel service, such as Royal Mail Special Delivery. For further details on how to return products see our FAQ section.
With your purchase of Lacoste products, you will receive a Returns Form and prepaid Returns Label. To return items to us, whether for exchange or return, simply fill out your Returns Form as instructed, include the Returns Form in the package and attach the Returns Label to the outside of the package then send it back to us using one of the methods set out at our FAQ section. If you do not have your Returns Form or Returns Label, our Returns Team will be happy to send you electronic copies for you to print off at home. You can contact them by phoning 0871 351 1001 (£0.09 Min.)
We will refund the cost of the goods and the cost of the delivery charges (where applicable) to the method of payment used to place your order within thirty (30) days of receipt of your order or of your notice of your statutory right to cancel.
If there are any discrepancies with your order or if your order is faulty, you must notify us as soon as possible. If you have been shipped the incorrect products then please do accept our apologies. Please follow the Returns Procedure and on receipt of your order, we will reimburse the cost of returning them to us, if necessary. Please note that if you incurthe return postage refund will be recharged to the card or Paypal account you used to make payment. Please allow up to thirty (30) days for your refund to be processed
9. Your Personal Data
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.
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.
Nothing in these Terms shall exclude or limit our liability for fraudulent misrepresentation, for death or personal injury resulting from our negligence or any other liability which cannot be limited or excluded by applicable law.
We will not be responsible for any loss or damage caused to you where such loss or damage is not reasonably foreseeable to 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 will be reasonably foreseeable where it could be contemplated by you and us.
We will not be responsible for any loss or damage caused to you where you are not entering into these Terms as a consumer.
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.
We do not:
accept any liability for damage to your computer system or loss of data that results from your use of the Website
guarantee which content and services will be available on the Website. All content and services on the Website are provided on an 'as is' and 'as available' basis or
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 all reasonable endeavours to correct any errors or omissions as soon as practicable once they have been brought to our attention).
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.
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, without limitation, 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.
We disclaim all warranties, express or implied, including, but not limited to, implied warranties of saleability and fitness for purpose to the fullest extent permissible by applicable law. We do not warrant that this Website, its servers, or email by us are free of viruses or other harmful components. We will not be liable for any damages of any kind arising from the use of this Website, including, but not limited to direct, indirect, incidental, punitive, and consequential damages.
Laws of certain countries or states do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights. Nothing in these Terms shall exclude or limit our liability for fraudulent misrepresentation or for death or personal injury resulting from our negligence.
11. Feedback and Complaints Policy
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.
12. Alteration of Service or Amendments to the Terms
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.
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.
14. Governing Law and Jurisdiction
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.
Your statutory rights are not affected by these Terms.