We are delighted to welcome you to the Lipault website (hereinafter referred to as the “Site”), the official online store for the brand Samsonite.
We ask you to take the time to read these terms and conditions carefully. Unless stated otherwise herein, the relationship between Samsonite 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.
Samsonite 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 18.
Samsonite Southern Africa Pty Ltd is the seller of the products displayed on the Site. Samsonite Southern Africa Pty Ltd has its registered office at 68 Old Main Road, Kloof, KZN, 3610.
2. 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.
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.
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 R, inclusive of VAT and exclusive of forwarding charges.
If an 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.
4. ONLINE ORDERING
You can place an order if you are an adult aged 18 or over. The ordering process consists of following steps:
- 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.
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.
We reserve the right to cancel your order for any reason.
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 E-Shop Invest, details displayed on the payment pages of the Site.
Pricing and Discounts
The Regular Product Price (RPP)
1. The RPP is the standardized pricing that Lipault charges for products. The RPP found on the eCommerce site is only valid for the www.lipault.co.za site and should not be mistaken with in store retail prices or any other vendor selling the same products.
2. When a product is not on sale, on promotion, discounted by the site or reduced for any reason, the RPP is the price you will pay when you purchase the product/s. (i.e: purchase price)
3. The RPP of any products seen on the site may be changed at any time by Lipault without notice.
The Discount Price
1. In the event of a sale on a specific product; the RPP will be visible on the product page along with the discounted price. In this event the discounted price will be the purchase price for the product.
2. Any Coupon codes and or discounts provided by the site to customers will be applicable to all products that are not already discounted by the site. No discounts will be applied to sale items, discount items or promotional items.
3. Lipault reserves the right to revoke any discount, promotion, sale or coupon code at their discretion. The purchase price of any product will not be binding until payment has been made in full.
Checkout and Stock
1. Items placed into the shopping cart will not be considered sold until payment has been made in full and received by Lipault.co.za.
2. Items placed into the checkout cart will be liable to the same T&C’s as any and all products that are on the site. Therefore product stock, price and any purchase related information may be subject to change before final payment has been made.
6. SALE AGREEMENT
No sale agreement will exist between you and Lipault until Lipault dispatches the products. All information on our Website 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 on us 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, wholly or partially, 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.
7. 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.co.za) the products are delivered in South Africa.
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 estimates; they 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. If you have not received any item you ordered after 30 days from the date of the Shipping Notification E-mail, you will have the option to cancel your order and request a full refund.
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.
9. 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 “Your right of retraction”, 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.
Please follow the procedure 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.
- Please email firstname.lastname@example.org. We will e-mail you a return number together with the return instructions.
- Please 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.
- We will organize the pick up by our courier as soon as possible and in any event within 14 calendar days from the date you notified us of your return request.
- 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.
11. LIMITATION OF LIABILITY
The terms and conditions of this Agreement do not affect your statutory rights. We will not be liable for any damages (including without limitation loss of profit or loss of use) arising out of your use or delay or inability to use our Site, its content or any link to another website arising in contract, tort (including negligence) or otherwise, except in the case of death or personal injury caused by our negligence or willful misconduct.
We will not be liable to you by way of representation (unless fraudulent), common law duty or under any express or implied term of the sale agreement for:
(a) any losses which are not foreseeable by both parties to the sale agreement at the time such sale agreement is formed arising in connection with the supply of the products and related service or their use by you;
(b) any losses which are not caused by any breach by us;
(c) business or trade losses.
Our entire liability in connection with the sale agreement will not exceed the purchase price of the products in question.
(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:
Samsonite 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.
13. QUESTIONS, COMPLAINTS, COMMENTS OR SERVICE CONTACT
If you have any questions about this Site, or if you have technical problems in accessing information on our Site, please contact:email@example.com.
14. USE LIMITATIONS AND INTELLECTUAL PROPERTY RIGHTS
All brand names, product names and titles used on the Site are trademarks or trade names of Samsonite 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 Samsonite 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.
15. USE OF INFORMATION AND SUGGESTIONS BY YOU REGARDING THIS SITE
16. USE OF YOUR SUGGESTIONS TO SAMSONITE 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.
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.
- Order: the result of the ordering process as described in article 4 of the Terms and Conditions.
- E-Shopinvest: E-Shopinvest, public limited liability company, incorporated under Belgian law (so-called NV), having its registered office at 8800 Roeselare (Belgium), Schellebellestraat 8, Company Registry number Kortrijk 0806.661.106; E-Shopinvest 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.
- Samsonite: Samsonite Southern Africa Pty Ltd, a limited liability company having its registered office at Block A Surrey Park,6 Barham Road ,Westville,3630. With respect to intellectual property rights “Samsonite” 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.houseofsamsonite.co.za.
19. 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 England and the English courts. This clause does not affect your statutory rights. 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.
20. 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 June 10, 2014.