Legal

LONGCHAMP USA, INC., (“LONGCHAMP”) TERMS OF USE

Effective immediately- Last revised February 2019

Thank you for visiting longchamp.com. Your access to and use of this website (the “Site”) and your purchasing products through this Site (the “Services”) is exclusively governed by these Terms of Use (the “Terms of Use”).  Please take some time to read the following Terms of Use carefully before using the Site. BY ACCESSING OR USING THE SITE OR PURCHASING PRODUCTS THROUGH THIS SITE OR OTHERWISE USING THE SERVICES, YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS OF USE. If you do not agree or cannot comply with all of these Terms of Use, you must exit the Site. Longchamp may, from time to time, modify, make changes or alterations the Site, the Services and data or content included on the Site, including, but not limited to the Terms of Use, without prior notice. You are responsible for reviewing the Site, including the Terms of Use from time to time, particularly each time you use Longchamp’s online store. Your continued use of the Site or Services after modifications or changes have been made shall constitute your acceptance of such modifications or changes.

COMMUNICATION
As part of the Site and/or Services you agree to receive a series of ongoing communications regarding the Site and/or Service.  Upon receipt of this communication you will have the right to opt-out or unsubscribe.

COPYRIGHT
Longchamp owns or holds the rights to all content included on the Site: including, but not limited to, all texts, graphics, logos, images, characters, audio clips, wallpaper, artwork, button icons, digital downloads, music and data compilations (the “Content”). All Content is the copyrighted material of Longchamp and is protected by United States and/or international copyright, trademark and other applicable laws.  You have permission to print hard copies or electronically copy pages from this Site only for personal, non-commercial purposes, and provided that you do not modify any of the Content and you do not remove any of Longchamp’s trade marks or trade names. Without a written agreement from Longchamp, you may not modify, copy, upload, download, display, re-publish, reproduce or transmit any part of the Site or the Content for redistribution or commercial use. You may also not link or use frames from this Site without written consent. Any attempt to copy or reproduce part of or the entire Site without written permission from Longchamp is strictly forbidden

TRADEMARKS
All graphics, logos, page headers, button icons, page headers, button icons, scripts and service names, included or made available on the Site, including but not limited to the name LONGCHAMP and the horse mark, are the trademarks or trade dress of Longchamp.  Longchamp’s trademarks or trade dress cannot be used by you without the prior written agreement of Longchamp. Any third- party trademarks that appear on our Site are property of their owners who may or may not be connected or affiliated with Longchamp, but have given their consent to Longchamp. Without the prior written consent of Longchamp, and if applicable the third party, you cannot use the third party’s trademarks or trade dress.

VIRTUAL PATENT MARKING
Please click here to learn more about Longchamp’s patented products.

USER CONTENT
With regard to user-generated exchanges of information and inclusion of content, any information and any content that you upload, exchange, share, store, send or otherwise make available through the Site or Service(s) ("User Content") is your responsibility and Longchamp assumes no liability or responsibility for such user generated information and content. This includes, but is not limited to, chat, blogs, email, email addresses and other personally identifying information, sms, text, photos, video, audio and any other User Content that you may provide or make available and accessible to other users of the Site or Service(s). You agree that any User Content that you post or upload to the Site shall not be illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailing or any form of “spam”.  Longchamp reserves the right (but not the obligation) to remove or edit such User Content but Longchamp does not regularly review such content.

Any designs, suggestions, ideas or comments sent to us (“Ideas”) will be considered non-confidential information. This information becomes the property of Longchamp upon your submission and Longchamp shall have, without any further action by you or compensation to you, the absolute right to use, reproduce, modify, display, transmit and distribute it for any purpose. We will not use your name in connection with these Ideas unless we are required by the law to identify the source or unless we obtain your permission.

PURCHASE OF PRODUCT AND PRICING INFORMATION
Longchamp has made every effort to display the products and their colors as accurately as possible on our Site. Because of the  color resolution on different monitors, we cannot guarantee that the user’s monitor will accurately portray the actual product colors. Longchamp has the right to change product pricing at any time and may display discontinued or out of stock items on our Site. We are also not responsible for typographical pricing errors. Prices on our website are in U.S dollars and applicable taxes must be paid by the purchaser, which do not include the shipping fees on this Site. By submitting your order you are representing to use our product for household use only and not for commercial resale. We reserve the right to limit order quantities or reject orders at our discretion, at any time. We will deliver our products you purchased on this Site to the 48 continuous states as well as Alaska, Hawaii and Puerto Rico. The shipping carrier that we use is UPS. Longchamp cannot accept cancellation to orders or returns except as specified in our Cancellations & Return Polices or required by applicable law.

ERRORS AND INACCUREACIES
Our goal with the Site is to provide up-to-date, complete and accurate information, however the Site may contain typographical mistakes, omissions or inaccuracies some of which may be related to availability and pricing and may relate to orders after they have been submitted. Longchamp shall not have any liability for errors or inaccuracies described under this section.

DISCLAIMERS
YOU AGREE AND ACKNOWLEDGE THAT YOUR USE OF THE SITE AND/OR THE SERVICE(S) IS AT YOUR SOLE RISK. LONGCHAMP AND ITS AFFILIATES, THIRD PARTY LICENSORS AND SERVICE PROVIDERS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND/OR SERVICE(S) AND YOUR USE THEREOF. LONGCHAMP MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE ACCURACY OR COMPLETENESS OF THE CONTENT ON THE SITE AND/OR THE SERVICE(S) OR ON ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR USE OF THE SITE AND/OR SERVICE(S), (III) ANY UNAUTHORIZED ACCESS TO OR USE OF LONGCHAMP’S SECURE SERVERS OR ANY AND ALL PERSONAL OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF YOUR USE OF THE SITE AND/OR SERVICE(S), (V) ANY BUGS, VIRUSES, OR TROJAN HORSES, OR RELATED PROBLEMS THAT MAY BE ACQUIRED OR TRANSMITTED IN CONNECTION WITH THE SITE AND/OR THE SERVICE(S), AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY USER CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, PROVIDED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE OR THE SERVICE(S). LONGCHAMP DOES NOT REPRESENT, WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY ON THE SITE, SERVICE(S), ANY LINKED WEBSITE, OR BANNER OR OTHER ADVERTISING, AND LONGCHAMP WILL NOT IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS.

Some or all of the above limitations may not apply to you as some jurisdictions do not allow the exclusion or limitation of liability for incidental or consequential damages.

LIMITATION OF LIABILITY
IN NO EVENT WILL LONGCHAMP OR ITS AFFILIATES, REPRESENTATIVES, CONTRACTORS, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, WHETHER UNDER CONTRACT, TORT OR ANY OTHER THEORY OF LIABILITY, ARISING IN CONNECTION WITH (I) ANY PARTY’S USE OF THE SITE AND/OR SERVICE(S) OR A LINKED SITE, (II) ANY FAILURE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY, COMPUTER VIRUS, LINE SYSTEM FAILURE OR LOSS OF DATA, (III) ANY LOSS OF USE RELATED TO OUR SITE AND/OR SERVICE(S) OR A LINKED SITE, (IV), ANY WEB SITE OPERATED BY ANY THIRD PARTY, (V) OR ANY CONTENT OF THIS SITE OR ANY LINKED SITE, EVEN IF LONGCHAMP IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES.

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS LONGCHAMP AND LONGCHAMP’S AFFILIATES, LICENSORS AND CONTRACTORS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, FROM AND AGAINST ANY AND ALL THIRD PARTY CLAIMS, DEMANDS, LIABILITIES, COSTS OR EXPENSES, INCLUDING REASONABLE ATTORNEYS' FEES, ARISING FROM OR RELATED TO ANY BREACH BY YOU OF ANY OF THESE TERMS OF USE OR APPLICABLE LAW, INCLUDING THOSE REGARDING INTELLECTUAL PROPERTY.

APPLICABLE LAW
The laws of the State of New York without regard to principles of conflict of laws, will govern any dispute of any sort that might arise between you and Longchamp regarding your visit to and use of the Site, your use of the Services or these Terms of Use. You agree that any and all claims arising out of use of this Site and/or the Service will be tried in the State of New York and the New York courts in New York County will have exclusive jurisdiction and venue and you consent and submit to the personal jurisdiction of such court over any claim, suit, or proceeding arising out of these Terms of Use.

LONGCHAMP USA, INC., PRIVACY POLICY

Effective immediately- Last revised August 2014

BY ACCESSING OR USING THE SITE, OR BY PURCHASING PRODUCTS THROUGH THIS SITE OR  OTHERWISE USING THE SERVICES OFFERED BY LONGCHAMP, YOU ACCEPT AND AGREE TO BE BOUND BY THIS PRIVACY POLICY.

INTRODUCTION

Longchamp USA, Inc. (“Longchamp” or “we”) recognizes the importance of protecting the personal and financial information of our customers. We respect your privacy and are committed to maintaining and using the information you submit through Longchamp’s website, www.longchamp.com (the “Site”) responsibly. This Privacy Policy (the “Privacy Policy”) was created in order to assist you in understanding what information we gather when you visit the Site.

UPDATING THE POLICY

Longchamp reserves the right occasionally to change, modify, add or remove portions of this Privacy Policy. Therefore, we encourage you to review this page from time to time, particularly each time you use our online store. We will indicate at the top of the policy when revisions were last made. Your continued use of any section of the Site following posting of changes to the

Privacy Policy will represent your acceptance of these changes.

TERMS OF USE AND PURCHASE

Please click here to read the Terms Of  Use And Purchase. You hereby agree that you have read, accept and agree to the Terms Of Use and Purchase for this Site, which are hereby incorporated by reference into this Privacy Policy.

INFORMATION WE COLLECT

Personal Information

During your visit to our Site, we may at times ask that you submit personal information in order to provide the services that you request from us. We will collect personal information from you when you: purchase products from us, whether online or at one of our boutiques; register to create an account; sign up to receive our newsletters; share certain content from our website with your friends; complete a survey; participate in a sweepstakes or other promotions; contact us with comments and/or questions; or apply for a job online.

The information that we collect may include your name, billing and shipping address, email address, telephone number, date of birth, content from correspondence between you and Longchamp, details on items purchased and payment information in order to process your purchase, confirm your order and ship items to you.

If you use a public computer to visit your Longchamp account online, we strongly encourage you to log out at the end of your session. By doing so, although your information will be stored with us, it will not be accessible to anyone else from that computer.

Cookies and Other Tracking Technologies

We use cookies and other tracking technologies to deliver a better and more customized service and improve the appearance of our website. Cookies are small text files that may be stored on the hard drive of your computer when you access a website during a browsing session. We may also use pixel tags or web beacons which are typically a one- pixel image used to pass information from your computer to our website. These tracking technologies are used to: store information about your preferences; recognize you when you return to our websites; keep track of what you have in your online shopping cart; and, monitor website usage, measure the effectiveness of our advertising and simply speed up your searches. When you enter our website, our servers may recognize information about you such as, your access provider, domain name, IP address and browser language. Cookies and pixel tags in our newsletters may be used to track your interaction with those messages, such as when you open or click a link in an email message from us. We reserve the right to use cookies and similar devices to collect non-personal information about users of the Site, such as a user's ISP address, the type of web browser and operating system being used and/or the pages of the website a user visits. Most browsers accept cookies automatically.

Please note, our Site will not operate if you disable the cookies settings from your browser. We use this technology, in part, to determine what country you are accessing our Site from. If you still wish to decline cookies you must access the ‘Help’ menu of your browser to change your preferences.

USAGE OF INFORMATION

Longchamp will use information we collect from you for the following purposes: to fulfill your requests for products and/or services; keep you informed about your orders, as well as our products, special events or promotions; detect and prevent fraud and abuse; resolve disputes; troubleshoot problems; to prevent the unauthorized resale of our products; to protect the integrity of our brand; enforce our rights; and comply with legal obligations. We may also maintain and use customer data for

market research; to better understand your product preferences; to review and improve our merchandise selections; improve our stores, website, quality of service and your and other customers’ overall shopping experience. If you submit your resume online, we may use the information you provide for the purpose of evaluating you as a candidate for employment and to contact you about prospective employment.

If you provide inaccurate or incomplete data, Longchamp may not be able to inform you of specific events or promotions and provide you with our services.

INFORMATION DISCLOSURE

We may disclose information that we collect from you to outside third party companies, to the extent permitted by law for the following purposes: to help maintain our customer database; support us in distributing emails; assist us in direct marketing; monitor Site activity and content and provide fraud prevention. As necessary, the personal information that you provide to us may be processed by these third parties, solely on Longchamp’s behalf. They are not authorized to use your information for any other purposes other than to provide the contracted services.

We may also disclose your personal information if required by law in the case of a legal claim or proceeding or to limit our legal liability and to protect our rights or the rights of visitors of this Site or the public.

However, technical and legal circumstances beyond our control prevent Longchamp from ensuring that your information will never be disclosed in ways not otherwise described herein. For example, among other things, we may be required by law, regulation or court order to disclose information to government representatives or third parties under certain circumstances. If Longchamp is requested by law enforcement officials or judicial authorities to provide information on individuals, Longchamp may, without your consent, provide such information. In matters involving claims of personal or public safety or in litigation where the data is pertinent, Longchamp may use or disclose your personal information without your consent or court process. Further, corporate restructuring, sale of assets, merger, divestiture and other changes of control or financial status affecting Longchamp may require disclosure as an incidental result of a transfer of assets by operation of law or otherwise. Therefore, Longchamp and its business partners do not promise, and you should not expect, that your private information shall remain private under all circumstances.

THIRD PARTY WEBSITES

On our Site you may be able to access links to third party websites, which could have different privacy policies then ours. We advise you to check their policies as they are independent from us and we are not responsible nor have control over their information or activities.

SECURITY

The internet is not a secure medium, and neither the privacy of your communications, nor visits to this Site, can be assured. Longchamp shall not be liable or responsible for any interception of, access to, unauthorized use of, or fraudulent interference with, any communication or information you may send to this Site, whether credit card information, personal information, or otherwise, while in transit. The nature of internet communications means that your communications may be susceptible to data corruption, interception and delays. This Site may include inaccuracies or typographical errors. You agree that Longchamp and any other persons involved in the management of this Site may make changes in the products and prices described in this Site, and to the content of this Site, at any time without notice. Longchamp shall not be responsible for any detrimental reliance you place on this Site or its contents. Use of this Site is on an "as is" basis and is entirely at your own risk.

Longchamp uses reasonable security measures to reduce the possibility of loss, misuse and/or alteration of information under our control. We store your personal information on a secure server and use procedures designed to protect the information we collect from you, from unauthorized access, use, modification or disclosure.

We use Secure Socket Layers (SSL), the industry standard in transferring information to process your orders over the internet. This is an encryption tool that provides security while transmitting this information online. The SSL encrypts, or translates, your order information into an indecipherable code, which is processed immediately. When you have finished shopping and begin the checkout process, you will move into the secure area of our site. Once you’ve entered this page the (URL) will change from http to https and you will notice a ‘lock’ icon on your browser to let you know you have entered a secure area. You will remain in the secure zone for the entire checkout process until you receive an order confirmation number on our Site.

To provide you with an increase level of security, online access to certain personal information may be protected with a password you select. We strongly recommend that you do not disclose your password to anyone. We will never ask you for your password in any unsolicited communication. Also, it is our policy to never send your credit card number via e-mail. Our customer service center and stores also operate over a private, secure network. Please note that e-mail is not encrypted and is not considered to be a secure means of transmitting credit card information to us.

While we use reasonable means to ensure the security of personal information you transmit on our Site, we cannot guarantee that such information will not be intercepted by third parties. The transmission of data over the internet cannot be guaranteed to be 100% secure. Longchamp cannot and does not guarantee that such security measures will prevent the loss, misuse and/or alteration of information under its control, and Longchamp shall have no liability for such loss, misuse and/or alteration of information.

CHILDREN’S PRIVACY

Longchamp does not knowingly collect any personal information from, children under the age of thirteen. Longchamp’s Site is for use by adults 18 years of age or older. We will remove from our files any personally identifiable information of anyone we discover to be under thirteen years old. Any online sweepstakes or contest are restricted to entrants who are at least eighteen years old.

LIMITATION OF LIABILITY

IN CONNECTION WITH YOUR VIEWING AND USE OF THIS SITE, INCLUDING IN ANY CONNECTION WITH ANY COMMERCIAL TRANSACTIONS THAT MAY BE UNDERTAKEN IN ASSOCIATION WITH THIS SITE, EXCEPT AS OTHERWISE EXPRESSLY AGREED TO BY LONGCHAMP IN WRITING, LONGCHAMP SHALL NOT BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DAMAGES, HARM, LIABILITY, LOSS, COST, EXPENSE, OR INJURY SUFFERED IN ANY CONNECTION WITH THIS SITE WHATSOEVER, INCLUDING AS A RESULT OF USING, ACCESSING, COPYING, OR DOWNLOADING ANY PART OF THIS SITE'S CONTENT.

IN NO EVENT SHALL LONGCHAMP BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, THIRD PARTY,

INCIDENTAL, OR CONSEQUENTIAL DAMAGE (INCLUDING LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE) HOWEVER SAME ARISES, WHETHER FOR BREACH OF

CONTRACT, OR IN TORT, NEGLIGENCE, EQUITY, OR OTHERWISE EVEN IF LONGCHAMP HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

YOU AGREE TO HAVE SOLE RESPONSIBILITY FOR ADEQUATE PROTECTION AND BACKUP OF DATA AND/OR EQUIPMENT USED IN CONNECTION WITH THE SITE AND WILL NOT MAKE A CLAIM AGAINST LONGCHAMP FOR LOST DATA, RE-RUN TIME, DATA CORRUPTION, BREACH OF SECURITY COMMUNICATION INTERCEPTION, INACCURATE OUTPUT, WORK DELAYS OR OTHER LOSS WHATSOEVER RESULTING FROM ANY USE OF THIS SITE.

Longchamp shall not be responsible or liable for any visit, use or detrimental reliance that you may place on this Site. You agree and accept that Longchamp denies, and is excluded from, any harm, loss, damages or other liability associated with any unauthorized third party conduct concerning this Site, including any cyber-attack, Site availability (denial of service attack), or hacking of this Site, regardless of whether or not same arises where any personal information/credit card information may be accessed, sabotaged, viewed, copied, stolen, transmitted out or otherwise interfered with.

GOVERNING LAW; JURISDICTION

You agree and confirm that the Site you are visiting is a website and online business that is located in the United States. The laws of the State of New York without regard to principles of conflict of laws, will exclusively govern all aspects of this Site, your use of the Site, your privacy rights, and any dispute of any sort that might arise between you and Longchamp regarding your visit to and use of the Site, including this Privacy Policy. You agree that any and all claims arising out of use of this Site and/or the Privacy Policy will be exclusively tried in the State of New York and the New York courts in New York County will have exclusive jurisdiction and venue and you consent and submit to the exclusive personal jurisdiction of such court over any claim, suit, or proceeding arising out of this Privacy Policy. You agree that his Site does not have any material, substantial or relevant connection to any jurisdiction other than the State of New York, U.S.A.

CONTACT US

If you have any comments or questions about your privacy or security on our website or want to update, correct or request removal of your personal information from our customer database, and/or our newsletters please email our privacy manager at:

help-usa@eshopping.longchamp.com.

You may also contact us at: Longchamp
Attn: Online Store/ Privacy Manager
713 Madison Avenue New York, NY 10065 1(888) 828-8081
Mon-Sat 9am – 5pm EST

When contacting us, please be sure to provide us with your name, mailing address, email address and/ or telephone number(s) in order to be sure we handle your request correctly. Please note that some personal information also may continue to be stored on back up files for legal, financial or technical reason.