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TERMS OF SALE
2. INFORMATION ABOUT US www.lululemon.fr is a website operated by lululemon athletica ("lululemon", "we", "us", "our"). lululemon athletica is located at 37, avenue Pierre 1er de Serbie, 75008 Paris. Our VAT number is 117 2074 43. To contact lululemon, please see the section CONTACT US below.
3. PRODUCT INFORMATION Availability All Products shown on the Website are subject to availability. We will inform you by e-mail as soon as possible if the Product you have ordered is not available and we will not accept your order if such is the case. lululemon Products displayed on the Website are generally available in most cases in select company-owned stores in the France while supplies last. In some cases, merchandise displayed on the Website may not be available in stores and lululemon makes no representations or warranties that any of the products or services displayed on the Website will be available at any time or location. Colours and Packaging The images of the Products on our Website are for illustrative purposes only. We have made every effort to display as accurately as possible the colours of our Products that appear on the Website. However, as the actual colours you see will depend on your monitor, we cannot guarantee that your monitor's display of any colour will be accurate. Your Products may vary slightly from those images. The packaging of the Products may vary from that shown on images on the Website.
6. DELIVERY We make every effort to deliver all products to Metropolitan France (excluding any French overseas territories) in accordance with the timescales set out below. Where this is not possible, we will seek to notify you and, unless we state otherwise, ensure that your Products are delivered within 28 days from Order Acceptance. Your order will be fulfilled by the estimated delivery date set out in the Shipping Confirmation, unless there is an Event Outside Our Control (as defined below). If we are unable to meet the estimated delivery date because of an Event Outside Our Control, we will contact you with a revised estimated delivery date. Delivery will be completed when we deliver the Products to the address you gave us. The Products will be your responsibility from the completion of delivery. You own the Products once we have received payment in full, including all applicable delivery charges. We offer standard and express delivery services in France. Option Cost Time Order Tracking Standard Free 3-4 working days Yes via email link Express €23 1-2 working days Yes via email link You can also track the progress of your delivery using the link that is in your shipping confirmation email. Please note that it can take up to 12 hours for your order to appear on the system.
7. YOUR RIGHT OF WITHDRAWAL You may withdraw from the purchase agreement at any time, for any reason, without penalty and without the need to give any explanation within fourteen (14) days from the date of delivery of the Products. For split orders, the relevant term shall begin on the date of delivery of the latest product. You may exercise your right of withdrawal by using the form attached in Annex 1, or by using any form or document containing the information as listed in Annex 1 (together the "Return Form"). In the event of withdrawal, you shall return the Products to lululemon without undue delay, and in any event within fourteen (14) days from the date on which the notice of withdrawal was submitted to lululemon, such return being at your own cost. The product must be returned along with the original packaging, and is to be carefully stored and used only for the purpose of verifying its nature, specifications and size, and must show no signs of wear or dirt. We reserve the right to reject the return of a Product that does not comply with the abovementioned requirements. If you have exercised your right of withdrawal, you will receive a full refund of the price paid for the product(s) without undue delay and in any event within fourteen (14) days from the date of withdrawal, using the same means of payment used by you in the initial transaction. We may withhold the refund until the returned Product is properly received by lululemon or until you demonstrate that the Product has been correctly returned, whichever occurs first. We shall not be under the obligation to refund the delivery costs of the Products in the event you have specifically selected a delivery method other than the standard delivery offered by lululemon. Please note that in addition to your right to withdraw, we operate a RETURNS AND REFUND POLICY. You should read this policy as this gives you extra benefits. This policy may be found below.
8. WARRANTIES Lululemon is liable for any non-conformity of the Products under the Contract (Articles L. 217-4 to L. 217-16 of the French Consumer Code) and any hidden defects in the conditions set forth in Articles 1641 to 1648 and 2232 of the French Civil Code. Where you bring an action on the basis of a statutory warranty of conformity, you: have the right to bring an action within a period of two years following the delivery of the product; may choose between the repair or replacement of the product, provided that your choice does not lead to a manifestly disproportionate cost in relation to the other option, given the value of the product or the extent of the defect; are not required to provide proof of the existence of the product’s non-conformity during a period of 24 months following delivery of the product. In addition, the statutory warranty of conformity applies regardless of any commercial warranties granted. You may decide to enforce the warranty against hidden defects within the meaning of Article 1641 of the French Civil Code. In this case, you may choose between the rescission of the sale or a reduction of the sale price in accordance with Article 1644 of the French Civil Code. Section L. 217-4 of the French Consumer Code: The seller shall deliver a good in conformity with the contract and shall be responsible for lack of conformity existing at the time of delivery. It is also responsible for compliance defects resulting from packaging, assembly instructions or the installation where the contract states it is responsible for this or where it has been performed under its responsibility. Section L. 217-5 of the French Consumer Code: To comply with the contract, the good must: 1° Be suitable for use usually expected of a similar good and, if applicable: - match the description given by the seller and possess the qualities that the latter has presented to the buyer in the form of a sample or model; - present the qualities that a buyer may legitimately expect considering the public statements made by the seller, by the producer or by his representative, particularly in advertising or labeling; 2° Or have characteristics defined by mutual agreement of the parties or be suited to any special use sought by the buyer, brought to the knowledge of the seller, and that the latter has accepted. Section L. 217-12 of the French Consumer Code: Action resulting from the lack of conformity is barred two years after delivery of the good. Section L. 217-16 of the French Consumer Code: When the buyer requests the seller to carry out repairs covered by his contractual warranty, the period of any resultant shutdown of seven days or longer shall be added to the unexpired term of the warranty. Said period shall run from the time when the buyer requests assistance or the time when the product is taken out of service pending repair, should this be subsequent to the request for assistance. Section 1641 of the French Civil Code: The seller must warrant against latent defects in the thing sold which render it unfit for the use for which it was intended, or so diminish its use, that the buyer would not have acquired it or would have given a lower price, if it had known about them. Section 1648 of the French Civil Code, first paragraph: Action resulting from latent defects must be brought by the buyer within a period of two years from the discovery of the defect. To benefit from the warranty, you must keep the relevant invoice or receipt of payment. Warranties will be applicable only if the product has been used correctly, in compliance with its intended purpose and in accordance with the use and washing instructions contained in and/or provided with the product.
9. COMMERCIAL WARRANTY This warranty is provided in addition to, and does not exclude, restrict, limit or otherwise affect any statutory warranty rights you have vis-à-vis lululemon under French law as described above. 9.1 OUR RETURNS AND REFUND POLICY In addition to the withdrawal right and statutory warranties described above, we provide you with additional rights under our returns and refund policy. If you’re not 100% satisfied, you have thirty (30) days from the day you receive your order to return it back to us. All merchandise must be unwashed. All hangtags must be attached to the garment and proof of payment must accompany the garment(s) at the time of return. All garments are subject to inspection. Shipping costs are not refunded. You will receive a full refund of the price you paid for the Products less any applicable delivery charges, which are not refundable. We will process the refund due to you as soon as possible and, in any case, within thirty (30) calendar days of the day on which you gave us notice of cancellation. If the Products were delivered to you: you must return the Products to us as soon as reasonably practicable; unless the Products are faulty or not as described, you will be responsible for the cost of returning the Products to us; and you have a legal obligation to keep the Products in your possession and to take reasonable care of the Products while they are in your possession. For more information on how to return an item, please visit our FAQs. You may also return the Products to our any of our stores (with the exception of our concessions (Harrods, Selfridges, Brown Thomas and Le Bon Marché) and to all of our global outlets, including those in the EU (Bicester Village and Wertheim Village). However, note that in the event a return is made to a store located in a country outside of the euro zone, the return will be processed in the local currency applicable to the store in question. We refund you on the credit card or debit card or gift card used by you to pay. This returns and refund policy is without prejudice to your right of withdrawal as set forth herein. 9.2 Without prejudice to your right of withdrawal as set forth herein and to the rights granted to you under statutory warranties, products excluded from our return policy are: underwear, headwear, water bottles and gift cards. 9.3 FAULTY PRODUCTS If you have returned the Products to us because they are faulty or mis-described, we will refund the price of a defective Product in full and any applicable delivery charges.
10. EVENTS OUTSIDE OUR CONTROL We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under any contract that is caused by events outside our reasonable control ("Event Outside Our Control"). An Event Outside Our Control includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following: (a) strikes, lock-outs or other industrial action; (b) civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war; (c) fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster; (d) impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport; (e) impossibility of the use of public or private telecommunications networks; (f) the acts, decrees, legislation, regulations or restrictions of any government; and (g) pandemic or epidemic. Our performance under any contract is deemed to be suspended for the period that the Event Outside Our Control continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Event Outside Our Control to a close or to find a solution by which our obligations under the Contract may be performed despite the Event Outside Our Control.
11. RETENTION OF THE AGREEMENT Pursuant to Article L. 213-1 of the French Consumer Code, lululemon will store and archive, for a period of 10 years, all agreements entered into with you for a value of €120 or more and you will be able to access them at any time. This right of access may be exercised at any time by contacting our GEC by phone at 0805 22 05 20 or by email at email@example.com.
12. THIRD PARTY RIGHTS This contract is between you and us. No other person shall have any rights to enforce any of its terms.
13. WAIVER If either party fails to insist that the other perform any of its obligations under these Terms of Sale, or if either party does not enforce its rights against the other party, or delays in doing so, that will not mean that the concerned party has waived its rights against the other and will not mean that the other party does not have to comply with those obligations. If either party waives a default by the other, it will only do so in writing, and that will not mean that it will automatically waive any later default.
17. LANGUAGE The official language of these Terms of Sale exclusively shall be, and all communications and agreements between lululemon and you and any proceedings in connection with these Terms of Sale and/or your use of the Website, exclusively shall be made in, the French language. lululemon and you waive any rights we may have under any other law to have these Terms of Sale written in another language, and any translation of this Terms of Sale will be for convenience only.
19. REVISIONS TO THESE TERMS OF SALE We may revise these Terms of Sale from time to time. Every time you order Products from us, the Terms of Sale in force at that time will apply to the Contract between you and us. Whenever we revise these Terms of Sale in accordance with this clause, we will keep you informed and give you notice of this by stating that these Terms of Sale have been amended and the relevant date at the top of this page.
20. GOVERNING LAW AND JURISDICTION These Terms of Sale shall be governed by, construed and enforced in accordance with the law of the France, without giving effect to any conflict of law provisions. You are entitled to request, on a free of charge basis, the use of a consumer mediation service in order to settle amicably any disputes relating to these Terms of Sale. You may contact the mediation service at https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage Please note that also the European Commission manages an Online Dispute Resolution website http://ec.europa.eu/odr/ dedicated to helping consumers and traders resolve their disputes out-of-court, including cross-border disputes. This right to use the mediation service is an alternative mechanism but does not constitute a prior condition to the exercise of the right to bring a claim before courts. Any dispute that may arise out of or in relation to the validity, conclusion, interpretation and/or performance of these Terms of Sale shall be brought before the courts having jurisdiction (i) where lululemon is domiciled or (ii) in the place where you are domiciled or (iii) in the place where the products are delivered.
21. CONTACT US If you have any questions, please contact us at: firstname.lastname@example.org by phone: 0805 22 05 20, or in writing at: lululemon athletica 37, avenue Pierre 1er de Serbie 75008 ParisAnnex 1: Withdrawal Form (Please complete and return this form only if you wish to withdraw from this agreement) For the attention of our Guest Education Center: please contact us at: email@example.com phone: 0805 22 05 20, or in writing at: lululemon athletica 37, avenue Pierre 1er de Serbie 75008 Paris I hereby notify you that I am withdrawing from the agreement relating to the sale of the product(s)/service(s) below: Ordered on: […](*) / Order received on: […](*) Order number: Name: Address: Street: Post Code: City: Country: Signature: Date: (*) Delete as appropriate
YOUR PRIVACY: OVERVIEW
We collect personal data from you in connection with your access to and use of our websites, your in-store or online purchases of our products or services, or if you provide us with personal data through other channels or media, such as social media or an event registration service.In particular, we collect personal data directly from you in connection with the following activities:
Registering for an account or filling in forms on our websites or in our stores (this includes information you provide when you request additional information, in writing or verbally, about our products or services or sign up to receive our e-mail newsletters, marketing messages or coupons);
Completing a profile or uploading goals to our websites;
Interacting with us on social media, such as by tagging us and/or our products, or permitting us to follow your social media profile;
Purchasing any product or service from us;Providing design or product feedback or making other submissions to us;
Requesting information or assistance from us, including correspondence with our customer service team and through social media;
Participating in or responding to surveys or requests for opinions, feedback and preferences regarding our products and services;
Participating in or registering for events, consumer contests, sweepstakes and other promotions;
Using other features of our websites that may be offered from time to time, which may require such information in order to utilise the feature.
We collect the following types of personal data in connection with the activities described above: your name, username, password, e-mail address, address, telephone number, credit card and debit card numbers (with expiration dates), personal preferences, goals, and any other personal data that you choose to include in your profile or in other communications with us.
You may have the option to link your social media account to our social media account (such as on Facebook). If you do link your social media account to our social media account, the social media service may share certain data about you and your activities with us in accordance with their privacy policies and your privacy settings on their services. If we receive data about you in this manner, we combine that data with the personal data we collect directly from you.
In general, we use your personal data to respond your requests, conduct your requested transactions, maintain and customize your account and our interactions with you and provide, maintain and improve our products and services. The specific purposes for which we process your personal data are set out below:
To administer your online account and profile (the legal basis for this processing is our legitimate interest in better understanding user needs and expectations and improving our website);
To provide products and services to you, which includes processing payments, sending notifications related to your purchases, and processing exchanges and returns (the legal basis for this processing is the performance of the purchase agreement between you and lululemon);
To conduct or administer events, contests, prize draws, sweepstakes or other promotions in which you have participated (the legal basis for this processing is the performance of the agreement between you and lululemon related to such contest, prize draw, sweepstakes or other promotion);
To respond to any communications from you, including to troubleshoot problems with our websites (the legal basis for this processing is our legitimate interest in providing you with a functional website);
To analyse your use of and customise your experience on our websites (the legal basis for this processing is our legitimate interest in better understanding user needs and expectations and improving our websites);
To develop and manage lululemon's business and operations (the legal basis for this processing is our legitimate interest in understanding shopping behaviour, improving our selection of products and services, and exploring ways to develop and enhance our business);
To measure your social media engagement with our brand (the legal basis for this processing is our legitimate interest in understanding the efficacy of our marketing strategies);
To detect, investigate and prevent fraudulent transactions, error, negligence, breach of contract, and other illegal activities and protect against harm to the rights, property or safety of lululemon and our users, customers, employees or the public, including by using video surveillance systems (the legal basis for this processing is our legitimate interest in preventing fraud, error, negligence, contractual breach and other illegal activities and protecting and securing our premises,customers, employees and the public);
To comply with our legal obligations, including our tax obligations, those related to the prevention of fraud and money laundering, and those required for you to benefit from rights recognized by law, or any regulatory requirements or provisions (the legal basis for this processing is compliance with our legal obligations under laws in the EEA and Switzerland related to, for instance, taxation, money-laundering and terrorism financing and consumer protection law);
To offer you opportunities to purchase products or services that we believe may be of interest to you, by supplementing the information we collect about you with information from third parties (the legal basis for this processing is our legitimate interest in providing information about products and services that may be of interest to you, unless applicable law requires us to obtain your consent, in which case we will do so).
We do not share personal data about you with third parties except as follows:
a.Our affiliates and subsidiaries. We disclose your personal data to our holding company, subsidiaries and affiliates, including lululemon athletica inc.lululemon usa inc. and lululemon athletica canada inc., for the purposes described in the “Use of Your Personal Data” section ABOVE. Since our holding company, subsidiaries and affiliates are located around the world, please note that these disclosures involve cross-border transfers of your personal data as described in the “Data Transfers” section BELOW.
b. Our Service Providers. We share personal data with third parties that perform services for us, including customer support, web hosting, information technology, payment processing, product fulfilment, fraud control, direct mail and email distribution, contest, event, sweepstakes and promotion administration, and analytics services. We only share with service providers the personal data that they need to perform services for us. Since our service providers are located around the world, please note that these disclosures involve cross-border transfers of your personal data as described in the “Data Transfers” section BELOW.
c. Corporate Transactions. Personal data may be disclosed or transferred as part of, or during negotiations of any purchase, sale, lease, merger, amalgamation or any other type of acquisition, disposal, securitisation or financing involving lululemon.
d. Professional Advisors. We share personal data with our legal, financial, insurance and other advisors in connection with the kinds of corporate transactions described above or in connection with the management of all or part of lululemon’s business or operations.
e. Compliance with Law. We disclose personal data when we believe doing so is reasonably necessary to comply with applicable law or legal process (including requests from authorities), to respond to claims (including inquiries by you in connection with your purchases from lululemon), or to protect the rights, property or personal safety of lululemon, our users, employees or the public.
f. Consent. We share personal data with third parties when we have your consent to do so. For example, if you decide to participate in certain interactive areas or features of our websites, such as creating a public profile and posting your goals, you consent to the disclosure of this information to other users of our websites.
We have physical, technical and administrative measures in place to help protect personal data from loss, unauthorised access or processing, modification, disclosure, damage, alteration, destruction or other misuse. Unfortunately, the transmission of information via the internet is not completely secure or private. You understand that any messages or information you send to our websites may be read or intercepted by others. If you have any questions about the security of personal data collected by lululemon contact us HERE.
We ensure, with the signature of Standard Contractual Clauses adopted by the European Commission, that personal data transferred outside the EEA and Switzerland is maintained with at least the same level of security and protection for personal data that is required under applicable law. Copies of the Standard Contractual Clauses we use to facilitate this transfer of data are available HERE and HERE. Transfers to Canada are made pursuant to European Commission decision 2002/2/EC of 20 December 2001.
We retain personal data only for as long as necessary to achieve the purpose for which such personal data was collected, unless a different retention period is required under applicable law. We also retain personal data for as long as you have your account, or as long as is needed to be able to provide the services or products to you, or (in the case of any contact you may have with our Guest Education Centre) for as long as is necessary to provide support-related reporting and trend analysis. If reasonably necessary or required to meet legal or regulatory requirements, resolve disputes, prevent fraud and abuse, or enforce our terms and conditions, lululemon may also keep personal data as required, after an account is closed or is no longer necessary to provide services. Unless otherwise required by applicable law, lululemon will take reasonable steps to destroy or permanently de-identify personal data it holds if such personal data is no longer needed for the purpose for which it was collected.
Please note that our websites contain links to third-party websites that are not controlled or operated by lululemon. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that lululemon does not accept any responsibility or liability for these policies.Please review these policies before you disclose any personal data when visiting such third-party websites.
Subject to certain limitations and exceptions, you have the following legal rights regarding our processing of your personal data:
A right to obtain information:You have the right to request information about how we process your personal data.
A right of access:You have the right to request access to, or a copy of, the personal data we process about you.
A right of rectification: You have the right to request that we correct or supplement inaccurate or incomplete personal data we process about you.
A right of erasure: You have the right to request that we delete personal data about you.
A right to restriction of processing: You have the right to request that we restrict processing of your personal data, so that we can store such data but not otherwise process it.
A right to data portability: In certain circumstances, you have the right to request that we provide the personal data which you provided to us in a structured, commonly used and machine-readable format, and you have the right to transmit such data to another controller without hindrance from lululemon.
A right to object to processing:You have the right to request that we stop processing personal data about you. For example, when your personal data is processed for email marketing purposes, you have the right to object to such processing at any time by clicking on the “unsubscribe” link at the bottom of such marketing communications.
A right to revoke your consent: When our processing is based on your consent, you have the right to revoke such consent at any time.
The right to file a complaint:You have the right to file a complaint regarding our data protection practices with a supervisory authority. You can do so by contacting your country’s supervisory authority.
If you would like to exercise any of these rights or if you have any questions or enquiries relating to our privacy practices or procedures, you may write to the Privacy Officer at the addresses provided below.
Questions or Comments
Correct as of 24th May 2018
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