Terms of Sales

 

  • THESE TERMS
    • What these terms cover. These are the terms and conditions on which we supply products to you, whether these are goods or
  • Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important If you think that there is a mistake in these terms, please contact us to discuss.
  • INFORMATION ABOUT US AND HOW TO CONTACT US
    • How to contact us. You can contact us by sending us a message through our platform or by writing to us at infoecom@delsey.com and at 25 rue du Général Foy, 75008 Paris (France) 
  • How to contact us. You can contact us by sending us a message through our platform or by writing to us at infoecom@delsey.com and at 25 rue du Général Foy, 75008 Paris (France)
    .
  • How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your
  • ”Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
  • DELSEY specialises in manufacturing and trading travel and leather goods on its own behalf and/or on behalf of third

 

  • PREAMBLE
    • The purpose of the website is, most notably, the sale of luggage (hereafter “the products”) on its online store to customers acting as consumers. Professional users are informed that they are not authorised to place orders on the website and are invited to contact DELSEY’s commercial team through the Professionals on the website. The customer declares that he/she has received all the necessary information related to the use of the online store and to the quantitative and qualitative features of the products that are offered for sale on the
  • DEFINITIONS

The parties have agreed that the terms below shall have the following meaning:

  • “Customer” means individuals acting for purposes that are outside of their commercial, industrial, craft, consulting or agricultural activities and who buy products on the website; 
  • “Customer Space” means a virtual space in the form of webpages within the website that are dedicated to the customer and are accessible though the “My Account” tab;
  • “Online Store” refers to the virtual space in the form of webpages within the website dedicate to selling the products;
  • “Form” refers to the description form of products offered for sale online in the online store;
  • “Delivery Charges” : there are two methods of delivery: standard delivery, the costs of which are covered by DELSEY, and express delivery, the costs of which are covered by the
  • “Return Charges” : there are no return charges if the consumer returns the product by using the return slip provided by DELSEY on the consumer’s user account. Otherwise return charges are covered by the
  • “Basket” means the summary page of products selected by the customer when browsing the website with a view to eventually placing an order;
  • “Party” in its singular form refers to either DELSEY or the customer, and in its plural form to DELSEY and the customer jointly;
  • “Product” means the products offered for sale in the online store and that are available on the website;
  • “Website” means the website published by DELSEY and accessible online at delsey.com;
  • “User” means persons using the website, whether they are simply internet users 
  • OUR CONTRACT WITH YOU
    • How we will accept your order. Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and

 

  • If we cannot accept your order. If we are unable to accept your order, we will inform you of this and will not charge you for the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because a credit reference we have obtained for you does not meet our minimum requirements, because we have identified an error in the price or description of the product

or because we are unable to meet a delivery deadline you have specified.

 

  • Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your
  • OUR PRODUCTS
    • Products may vary slightly from their pictures. The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device’s display of the colours accurately reflects the colour of the Your product may vary slightly from those images.
  • Product packaging may The packaging of the product may vary from that shown in images on our website.
  • YOUR RIGHTS TO MAKE CHANGES

If you wish to make a change to the product you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract.

  • OUR RIGHTS TO MAKE CHANGES

Minor changes to the products. We may change the product:

  • to reflect changes in relevant laws and regulatory requirements ; and
  • to implement minor technical adjustments and improvements, for example to address a security
  • PURPOSE

The purpose of the present general terms and conditions is to define the conditions and methods according to which the products offered on the DELSEY website are sold. They govern all stages of the transaction from when the order is placed on the website through to order tracking. All actions involving the sale of these products assume that the present terms and conditions have been consulted, understood and agreed to. The present general terms and conditions apply to all DELSEY product purchases made in the European Union.
 

  • PREREQUISITES

The customer declares and acknowledges that:

  • he/she is of legal age and has full legal capacity allowing him/her to commit to the present general terms and conditions;
  • he/she is informed that his/her commitment does not require a handwritten or electronic signature. Agreement to the present general terms and conditions of sale and to ordering the goods in the basket is provided through a simple click.
  • he/she is acting as a consumer, meaning that he/she is acquiring products exclusively for personal and private
  • ENFORCEABILITY OF THESE TERMS

The general terms and conditions are accessible at all times in the online store under the General Terms and Conditions category. The customer may access the archived general terms and conditions by sending a request by email to the following address: legalprivacy@delsey.com. In any event, the version of the general terms and conditions of sale that is enforceable against the customer shall be that accepted by the customer when he/she validates his/her order. The documents shown online and accepted when the order is placed shall prevail over all earlier paper versions. DELSEY reserves the right to adapt or modify the present general terms and conditions at any time. However, new versions of the general terms and conditions of sale shall only apply to orders that are placed after the terms and conditions are displayed online and that are validly accepted by the customer. The customer is entitled to save and print the present terms and conditions of sale by using the standard features offered by its browser or computer.

  • ORDERING PROCESS

Choice of products

  • The customer choses from among the products presented on the website at the time of the order. It is specified that placing a product on the wish list does not mean that the product is reserved, and the customer must check if the product is still available when placing the order. Sold-out products that are “victims of their own success” or out of stock shall be shaded in grey on the website and not available to order. The customer acknowledges that that he/she has been informed of the nature, purpose and methods of use of the products that are available on the website and has requested and obtained the necessary and/or additional information required to place the order in full knowledge of the facts. The customer is solely responsible for his/her choice of products and whether they meet his/her expectations, so that DELSEY cannot be held liable in this respect. The customer shall be responsible for ensuring that any accessories he/she buys on the DELSEY website are compatible with the product he/she wishes to use them with.

Product Ordering Process

  • Placing an order shall imply that the present general terms and conditions have been fully accepted in their entirety by means of ticking a box and then clicking accept. The contractualisation procedure consists of the following steps:
  • Step 1: products are chosen and placed in the basket;
  • Step 2: access to the summary of the order in the basket. At this stage, the customer is able to check the order details and the total price, not including delivery charges, to modify the order, correct any potential errors or cancel the order entirely;
  • Step 3: the customer must identify himself/herself if he/she has not already done so (either by connecting to his/her existing customer space, or by creating an account);
  • Step 4: the invoicing and delivery addresses are chosen, as well as the delivery method;
  • Step 5: on the same screen, a summary of the order as well as the general terms and conditions of sale are displayed before the order is validated. At this stage, the customer is also able to check the order details and the total price, including any surcharges corresponding to special delivery, and to modify the order, correct any potential errors or cancel the order
  • Step 6: the method of payment is chosen and the order is paid. Once the order is validated and paid, it can no longer by modified by the customer. DELSEY shall acknowledge receipt of the customer’s order by immediately sending a confirmation email. Orders will only be accepted after payment is accepted. If payment is denied then the order is cancelled. DELSEY undertakes to fulfil the orders received subject to available stocks and to inform the customer if an item is unavailable by any means and at its own convenience. The order shall then be cancelled and the payment reimbursed to the customer’s
  • PRICE
  • The price corresponding to the order placed on products offered on the website is indicated in the appropriate section of the online store, on the product description form of the products available for sale online. Prices shall be displayed in pounds and shall include taxes. Prices for each product available for sale online shall only be valid for the period during which they are display electronically and in real time in the online store. Prices may change on the basis of different criteria and in particular in the event of commercial transactions. The value of the transaction shall necessarily be that indicated at the date and time when the customer placed the order. The parties acknowledge that they shall have no recourse in the event of an increase or decrease in price after the order has been placed.

The displayed prices include VAT, if applicable, at the rate in effect at the time of the order. All changes in VAT rates shall be automatically reflected in the prices of products offered for sale. The price of products displayed on the website shall not take into account order potential delivery charges, which shall be indicated separately from the price including taxes. Before the order is confirmed by the customer, the total amount of the order (price including taxes + potential delivery charges) shall be indicated in pounds.

 

  • PAYMENT

The customer may chose to pay for the order by any of the means indicated in the online order form. The following payment methods shall be accepted:

  • credit cards, Visa and Mastercard;
  • American Express;

 

  • DISCOUNT COUPONS

Only one coupon code is allowed per order. If you have applied more than one coupon to your order, only one coupon will be applied to your order. The other coupon will remain available for a future order. 

 

  • RIGHT OF WITHDRAWAL

Deadline & Scope

  • The customer is entitled to a legal period of withdrawal of fourteen (14) days to return any undesired products, without having to justify his/her decision. This withdrawal period begins on the day after the product is received. For orders that include several products delivered separately or one product composed of separate lots or several sections which are delivered on a staggered and defined basis, the withdrawal period begins on the day after the last product, lot or section has been delivered. If the withdrawal period comes to an end on a Saturday, Sunday, holiday or non-working day, it will be extended to the next working The right of withdrawal may be exercised without penalty, with the exception of return charges that are payable by the customer, as applicable, depending on the method of return chosen by the customer. The right to withdrawal shall not apply to the following orders:
  • products manufactured in accordance with buyer specifications or clearly personalised

How you can exercise your right of withdrawal

  • The customer has the right to return the product by his/her own means by using the withdrawal form attached to the present terms and conditions of sale. In this case, the customer is responsible for the return charges. The customer may also choose to fill out a withdrawal form available when accessing his/her order details from his/her online account. Once submitted, the form generates an automatic email that is sent to the customer’s email and that contains a return receipt which the customer must print

The withdrawal form available on the DELSEY website gives two options:

  • Return by Chronopost, in which case return charges are covered by DELSEY without any further requirements
  • Return by other means, in which case the customer is responsible for the return Customers are hereby informed that products must be returned as follows:
  • New and in their original wrapping;
  • Together with a return form;
  • Undamaged and complete;
  • Clean and without marks beyond those resulting from trying out the product;
  • Without signs of dirt, perforations, rips, burns, discoloration, deformations;
  • With all the elements showing the brand or the brand model (logo, exterior brand label, )
  • WARRANTIES

Commercial warranty

  • DELSEY offers its customers a commercial warranty for a period set out in the product description forms, it being specified that the applicable warranties shall be those offered at the time of purchase of the

Legal warranty

  • Irrespective of the warranty granted as described above, DELSEY shall also be held liable if the product fails to comply with the contract, and, if applicable, for warranties provided by the applicable national legislation. Details of the applicable warranties are provided in the annexes. Claims under the warranties may be made to DELSEY at the following email address: delsey@justsportandleisure.com
  • INTELLECTUAL PROPERTY
  • The present general terms and conditions shall not result in the transfer of any property rights corresponding to DELSEY products to the customer. The content of the website, its general structure, as well as the trademarks, drawings, models, animated or non-animated images, texts, photographs, logos, graphic charts, software and programmes search engines, databases, sounds, videos, domain names, design, DELSEY know-how and all other elements that make up the website including but not limited to the above or any other information contained in the website, are the exclusive property of DELSEY or its partners or third parties that have assigned a license to it, and are protected in particular by intellectual property rights that are or will be recognised under current legislation. Any full or partial reproduction and/or representation of one or more of these elements without DELSEY’s express permission is prohibited and shall most notably but not exclusively constitute an infringement which is sanctioned current legislation. Similarly, all of DELSEY’s trademarks, distinguishing marks, plans, studies, projects, operating or setup instructions, photographs, technical and commercial documents and models, in particular those related to sold products, as well as all IT and application programmes, codes and information shall remain DELSEY’s exclusive property. Consequently, the user is prohibited from engaging in any behaviour or actions likely to directly or indirectly infringe upon DELSEY’s intellectual property rights. In particular, the customer undertakes to comply with all end user licence contracts that may apply to the ordered products. The customer also undertakes not to in any way erase, remove or obscure DELSEY’s ownership marks or those of the product licensors, or, conversely, ostensibly display such ownership marks, labels or notices on counterfeit products. This article shall remain in effect after the present terms and conditions expired for any reason whatsoever, for as long as required.
  • We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are Methods and know-how
  • DELSEY shall remain the exclusive owner of its own methods, know-how and tools that it used to perform its contractual obligations. This property Clause shall remain in effect after the present general terms and conditions have expired for any reason whatsoever, for as long as
  • INSURANCE

DELSEY declares that it has subscribed to an insurance policy with an insurance company that is known to be solvent and that is established in France. This insurance policy covers any civil liability claims that may be made against it in respect of bodily injuries and material and immaterial damages suffered by third parties while carrying out their duties, including in particular managing the DELSEY online store for its own account, including after delivery of its work and/or delivery of its products. Applicable worldwide except for the USA/Canada.

  • INTERPRETATION

Entire Agreement

  • These general terms and conditions of sale represent the entire agreement between the parties. Neither of the parties may integrate a general or specific condition into this contractual

Headings

  • In the event of difficulties in interpreting this contract resulting from a contradiction between any of the headings of the present terms and conditions and the articles themselves, the titles shall be deemed non-existent.

Invalidity

  • In the event of one or more of the provisions contained in the present general terms and conditions being deemed void or declared void under the terms of a law, regulation, or following a final decision issued by a competent jurisdiction, the other provisions shall remain in full force and

Waiver

  • The parties jointly agree that no tolerance of a situation shall grant the other party any additional rights. Furthermore, such an allowance may not be interpreted as a waiver of the party’

Transfer

  • The customer accepts that the rights and obligations resulting from the present terms and conditions may be transferred by DELSEY to a third party in particular in the event of a merger or

Independent parties

  • Neither party may commit in the name or on behalf of the other Furthermore, each party shall remain solely responsible for its actions, claims, commitments, service provisions, products and staff.

Sub-contracting

  • The customer authorises DELSEY to employ any sub-contractors of its choice to perform the present terms and conditions and provide the services. In this event, the customer consents to DELSEY disclosing the information necessary in order for the present terms and conditions to be performed by DELSEY’s sub-contractors.
  • LIABILITY

DELSEY shall not be held liable for any interruptions or bugs affecting the website. DELSEY shall not provide and guarantees concerning all or part of the website, in particular in relation to any potential direct or indirect losses resulting from the website being used. The website may contain links to external sources. Given that DELSEY cannot control these external sources, it can therefore not be held liable for any content, products, services, advertisements, or any other elements available on these external sources. DELSEY invites users to familiarise themselves with the general terms and conditions of use available on these external sources. DELSEY shall be duly liable to the customer acting as a consumer for the proper performance of the obligations contained in the present terms and conditions.

DELSEY shall however not be held liable for its failure to perform the present terms and conditions due to a case of force majeure. DELSEY shall also not be held liable for the improper performance or failure to perform the contract if this is due to an unforeseen or insurmountable act carried out by a third party or the customer’s fault. This article shall remain in effect after the present terms and conditions have expired for any reason whatsoever. 

  • EVIDENCE AND EVIDENCE OF THE AGREEMENT

The online electronic acceptance of the general terms and conditions has the same probative value between the parties as a written agreement. The computerised register saved on DELSEY’s IT system shall be stored under reasonable security conditions and considered proof of communication and of orders placed and payments made between the parties. The register shall be considered evidence until proof to the contrary is provided.

DELSEY shall archive contractual documents, orders and invoices, which may be used as evidence.

  • ALTERNATIVE DISPUTE RESOLUTION

    Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to contact the alternative dispute resolution provider we use. In addition, please note that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform.