TERMS OF USE

Updated on 25.03.2019

ARTICLE 1 - SCOPE AND ACCEPANCE OF THE TERMS

1.1 These Terms apply to any access to and use of the Website, and govern any Orders placed via the Website, subject to Section 4.9. Any User of the Website is deemed to have accepted the Terms.

1.2 Vilebrequin may amend the Terms at any time by publishing a new version thereof on the Website and any access to and/or use of the Website following such publication shall be governed by such new version of the Terms.

1.3 Vilebrequin may inform Users who have created a Customer Account about any amendments of the Terms via e-mail, if deemed appropriate at its free discretion.

Customers’ sole remedy if they do not accept any of the amendments is to cancel their Customer Account and stop using the Website.

ARTICLE 2 – DEFINITIONS

The following words, when written with a capital letter, whether used in the singular or plural form, shall have the meanings defined hereafter : Basket: refers to the summary of any Order awaiting confirmation from the relevant Customer;

Brand: refers to the brand “Vilebrequin” including any and all tradenames, trademarks, logos, designs, Internet domain names, goodwill and any other type of intangible assets and distinctive attributes related thereto, whether registered or not, existing anywhere in the world;

Customer: refers to any User setting up a Customer Account and/or placing one or more Orders on the Website;

Customer Account: refers to the personal account any User may create on the Website, provided that he/she fulfils the relevant criteria set forth in these Terms;

Order: refers to any orders of one or more Products placed by any Customer via the Website;

Personal Data: refers to the personal data (as defined in the relevant data protection legislation) regarding Users accessing the Website, and collected by Vilebrequin through the operation thereof, in particular, the data related to any Orders and/or Customer Accounts;

Privacy Policy: refers to a separate document describing in more detail how Vilebrequin may process Personal Data, as well as certain rights of those concerned by the processing of Personal Data by Vilebrequin, which forms integral part of these Terms;

Product: refers to the products offered for sale on the Website, such as swimwear for men, women, children, clothing for men, accessories (sunglasses, bath towels, etc.), sun creams and other products;

Product Sheet: refers to the photographs of the Products edited by Vilebrequin and the description of the main characteristics of the said Products;

Terms: refers to the provisions of these terms of use, including those of the Privacy Policy, as may be amended from time to time by Vilebrequin;

User: refers to any individual accessing the Website; irrespective of the means used for accessing the Website;

Vilebrequin: T.R.B. International SA, registered with the Trade Registry in Geneva (Switzerland), under the number CHE-115.052.963, whose registered office is located at Chemin du Pré-Fleuri 5, 1228 Plan-les-Ouates (Switzerland);

Website: refers to the website accessible at www.vilebrequin.com, including any sites connected to the same domain (e.g. blog.vilebrequin.com; eu.vilebrequin.com, etc.), but excluding any external websites to which the Website may link.

ARTICLE 3 - THE WEBSITE

3.1 The Website and its content, are provided by Vilebrequin for strictly personal use and for the sole purposes of informing Users about the Products and promoting the Brand, as well as allowing Customers to place Orders.

3.2 Exclusively for the purposes specified above, Vilebrequin grants the Users a limited, revocable, non-exclusive right to access and use the Website in accordance with the Terms. For the avoidance of doubt, as between Vilebrequin and the Users, any rights in the Website, its content and in the Brand remain the sole and exclusive property of Vilebrequin.

3.3 Users shall not reproduce, distribute, sell or assign any content of the Website or otherwise use or exploit the Website or its content for any purposes other than those specified above. In particular, each User covenants not to (i) use the Website for any purposes or in any manner that would contravene any applicable provisions of law or infringe any intellectual property or other rights or legitimate interests of Vilebrequin or any third party, (ii) provide any untrue, inaccurate or incomplete information to Vilebrequin, and (iii) use any malicious code or programme in connection with the Website, with the objective of damaging the Website or interfering with its proper functioning or gaining access to or extracting any content or data therefrom, including Personal Data of other Users.

3.4 Vilebrequin may change the Website or any part thereof, without notice and with no liability towards the Users.

ARTICLE 4 - CUSTOMER ACCOUNTS AND ORDERS

4.1 Subject to section 4.3 below, Users may create personal Customer Accounts to save certain information such as e-mail, shipping and billing addresses, to remember favourite products, to check pending and past Orders, to subscribe and unsubscribe Vilebrequin newsletters as well as other functionalities Vilebrequin may from time to time implement in the Customer Accounts section of the Website.
Customers are solely responsible for choosing a safe password and safekeeping it, to avoid abuse of their Customer Accounts. If Customers suspect any abuse of their Customer Account, he/she shall immediately change the password and inform Vilebrequin.

4.2 Subject to section 4.3 below, Customers may place Orders using their personal Customer Account or as “guests”, in which case they must provide Vilebrequin at least with a valid and operational e-mail address, a shipping address and, if different from the latter, a billing address.

4.3 Customers must be at least 18 years of age and have full legal capacity in order to create and use a Customer Account and/or to place Orders independently.
Customers who are not 18 years of age or who have restricted legal capacity may do so with the consent of their legal representative.
When a Customer creates a Customer Account and/or each time a Customer places an Order, he/she represents and warrants to Vilebrequin fulfilling the above criteria.

4.4 Customers shall only provide Vilebrequin with true, accurate and complete information upon which Vilebrequin and its partners shall fully rely, in particular, for the processing of Orders.
Vilebrequin and its partners shall have no responsibility or liability whatsoever with respect to the untrue, inaccurate and/or incomplete information provided by Customers and, in particular, shall have no obligation to verify the shipping address when processing an Order.
Any additional costs that may arise in connection with the provision of untrue, inaccurate and/or incomplete information shall be fully born by the relevant Customer.

4.5 Orders may only be placed for personal purposes. Vilebrequin reserves the right to limit the quantity of Products per Customer and/or per Order.
These limits may apply to the Orders placed via the same Customer Account, the same credit card, or using the same billing and/or shipping address.

4.6 Vilebrequin is not obliged to accept any Orders. In particular, Vilebrequin may reject Orders and/or terminate Customer Accounts by Customers who have failed to comply with any of the provisions of these Terms, in particular, payment obligations, or if it suspects that Orders are placed in view of reselling the Products.

4.7 Order process

4.7.1 Customers may check the content of their Basket by clicking on the corresponding icon, and may amend such content at any time during the Order process until payment. The Basket expires at the end of a period of twenty (20) minutes without activity on the Website from the User.

4.7.2 During the Order process, Customers are guided through different stages by the Website.
Until payment, Customers may return to the previous stage at any time.

4.7.3 Customers complete their Orders by confirming their payment.

4.8 Once completed, Vilebrequin confirms Orders to Customers by e-mail. Customers are advised to keep such confirmation e-mails. If Customers do not receive a confirmation e-mail from Vilebrequin upon completion of any Orders, they are advised to contact the Vilebrequin at the address indicated in Section 12, after verification of their spam inbox.

ARTICLE 5 - PRICE OF THE PRODUCTS – SETTLEMENTS

5.1 The prices displayed on the Website for each Product are indicated in different currencies, depending on the country the User has chosen for shipping. Additional shipping fees may apply.

5.2 Prior to completion of any Order, Customers are provided with an overview of total cost, in the relevant currency, including the price of all the Products, applicable taxes and shipping costs and discounts, if any.
The amount of the Order may be settled using the payment methods available on the Website for the relevant country.

5.3 For non-European (EU) Countries, Customers are responsible for payment of any import taxes, sales tax, value-add tax and customs duties that may be levied by any government authority, and any disbursement fees, advancement fees, or similar fees that may be imposed by the shipper, broker, the customs authority of the destination country or other party, including any additional penalties or fees imposed by applicable tax or customs authorities (collectively, the“ Import Duties, Taxes and Fees”). The estimated Import Duties, Taxes and Fees (the “Estimate”) may be more or less than the final actual amount of Import Duties, Taxes and Fees due and payable. Customers will be required to pay the Estimate at checkout. Import Duties, Taxes and Fees do not include any state, provincial, or local use or similar taxes that a tax authority in the country or other local jurisdiction of destination may levy after the import or apply in respect of the Order (“Other Taxes”). Vilebrequin will not include any Other Taxes in the Estimate, and Customers will remain responsible for the payment of all Other Taxes as applicable.

5.4 Customers agree and acknowledge that (a) the actual Import Duties, Taxes and Fees may be more or less than the Estimate and (b) Customers will not be asked to pay more money nor will Customers receive any refund in the case that the actual Import Duties, Taxes and Fees differ from the Estimate.

5.5 Customers completing an Order represent and warrant to Vilebrequin being entitled to use the payment instrument they use (e.g. credit card or PayPal account).

ARTICLE 6 - AVAILABILITY OF THE PRODUCTS

6.1 Vilebrequin uses its best efforts to make sure only Products are shown as available on the Website, which are in stock.
If, nonetheless, certain Products shown as available on the Website should be unavailable, Vilebrequin will inform Customers having ordered such Products as soon as possible.

6.2 In such case, Customers have the possibility of:
- being delivered a Product of their choice of equivalent quality and price;
- waiting for the Product initially ordered to be back in stock; or
- withdrawing from the purchase and asking for a refund (including delivery costs, if any).

6.3 Vilebrequin will refund via the payment method used for the Order returned.

ARTICLE 7 - SHIPPING

7.1 Vilebrequin endeavours to ship the Orders within the lead times specified by Vilebrequin upon processing any Order and within a maximum period of thirty (30) days.

7.2 If Vilebrequin fails to ship any Products within thirty (30) days after completion of the relevant Order, Customers may set a reasonable grace period to Vilebrequin in writing.
Should Vilebrequin fail to ship the Products within such grace period, Customers may withdraw from the purchase, by informing Vilebrequin in writing. In this case, Section 6.3 applies accordingly.

7.3 Should a Customer place an Order for several Products, Vilebrequin may be required to ship the Products in several deliveries.

7.4 In principle, Vilebrequin ship the Products to any address within the countries indicated during the Order process.
Should a specific shipping address not be served for any reason, Vilebrequin informs the relevant Customer as soon as possible.

7.5 Customers must check any parcels upon delivery and put forward any reservations, or refuse parcels, if they are likely to have been opened or show clear signs of damage.
The reservations and claims must be notified to the Customer Service at contact.eu@vilebrequin.com within eight (8) working days following receipt of the Products.

ARTICLE 8 - CUSTOMER’S RIGHT OF WITHDRAWAL

8.1 Notwithstanding any of the above, Vilebrequin grants Customers the right to withdraw from any purchase before and within thirty (30) days as of the day following delivery.

In case of Orders delivered in multiple shipments, the 30-day period starts on the day following delivery of the last item.

In case of a return of Products delivered in the European Union, Vilebrequin will reimburse all payments received from the relevant Customers for the Products returned in accordance with this Section 8, including shipping fees equivalent to the least expensive shipping method available on the Website.

In case of a return of Products delivered to Switzerland, Vilebrequin will reimburse to the Customer the amount including taxes paid by the Customer for the Products returned in accordance with Section 8, excluding delivery costs and customs duties paid by the Customer for which no reimbursement will be made.

In case of a return of Products delivered outside the European Union or Switzerland, Vilebrequin will reimburse to the Customer the amount excluding taxes paid by the Customer for the Products returned in accordance with Section 8, excluding delivery costs, taxes and customs duties paid by the Customer for which no reimbursement will be made.

To withdraw from any Order in accordance with this Section 8, Customers shall notify Vilebrequin in writing, using the form available at Customer Service. Vilebrequin will acknowledge receipt of the withdrawal notice by e-mail. Section 4.8 applies accordingly.

8.2 In order to successfully withdraw from any Order, Customers shall return the Products (postmarked) within thirty (30) days following the notification according to Section 8.1, in their original packaging and including all documentation and accessories that might have been shipped with the Products, as well as the relevant invoice.

The risk of returning the Products is borne by the Customers.

Regarding the returns of Products delivered to the European Union (excluding Germany and Austria), Switzerland, the United Kingdom, Hong Kong, Singapore or Macao, the return costs are borne by Vilebrequin and the Customer will be able to make the return of the Products by means of a prepaid return voucher subject to compliance with the detailed procedure stated in this article and the information provided by the Customer Service.

Regarding the returns of Products delivered to other countries, the cost of the return shall be borne by the Customer. After notifying Vilebrequin of his/her intention to return the Products as required by this article, the Customer will receive an email from the Customer Service stating all the steps to be taken.

8.3 Customers shall take all due care of the Products while in their possession. Customers are advised that Vilebrequin reserves the right to reject any returns, if Customers have breached such obligation of care, in particular, if the Products returned are damaged or show signs of use (i.e. broken seals, in particular for sun protection products, removed hygiene strips for women’s swimwear, dirt, etc.).
In such case, Vilebrequin will send the returned Products back to the Customer and not refund the price thereof.

8.4 If any Products are returned in accordance with this Section 8, Vilebrequin will process the refund as soon as possible and, in any case, within thirty (30) days after the day on which the Products are received back.

ARTICLE 9 - PRODUCT WARRANTY AND LIABILITY

9.1 Vilebrequin warrants that the Products are according to the relevant Product Sheet, free from defects and fit for the designated purpose.

9.2 Should any Product delivered by Vilebrequin not comply with the warranty according to Section 9.1 above, and subject to Section 9.3, Customers may return such Product and Vilebrequin shall at its own cost and at the Customers’ choice:
- either deliver an identical replacement Product, subject to availability;
- deliver a Product of equivalent quality and price, subject to availability; or
- reimburse all payments received from the concerned Clients for the Products returned in accordance with Article 9, including transportation charges corresponding to the least expensive method of shipment available on the Website, within thirty (30) days of the request.

9.3 Customers who intend to claim any rights under warranty shall first contact Vilebrequin at the address indicated in Section 12 before returning any Products.
Vilebrequin reserves the right to assess the grounds for warranty before and after any return and Customers shall fully cooperate with Vilebrequin for the purposes of such assessment before returning any Products (i.e. provide any information that might be requested by Vilebrequin, including photos of possible defects).

9.4 Products that have been altered and/or damaged by Customers or that have been used in a way that does not comply with their designated purpose or use, in accordance with the instructions and directions for use provided by Vilebrequin, will be excluded from any and all warranties.
In such case, Vilebrequin will send the returned Products back to the Customer and not refund the price thereof.

9.5 Subject to mandatory provisions of applicable law, the Customers’ remedies under Section 9.2 represent Vilebrequin’s exclusive liability to the Customers, with respect to the Products.

10.1 The Website and any of its contents and services are provided by Vilebrequin AS IS with no warranty whatsoever.

10.2 Subject to mandatory provisions of applicable law, Vilebrequin expressly disclaims any liability, including of its directors, representatives, partners and other auxiliaries, with respect to the Users’ access to and use of the Website. In particular, Vilebrequin and its directors, representatives, partners and other auxiliaries may not be held liable for any disorder of any kind whatsoever regarding the Users’ IT equipment and their internet connection, when accessing the Website.

ARTICLE 11 - PERSONAL DATA

The processing of Users’ personal data in connection with the Website is governed by the Privacy Policy available at Vilebrequin Privacy Policy and which forms integral part of these Terms.

ARTICLE 12 - ASSISTANCE – CLAIMS

For any technical information, question or claim regarding the Website, the Products or regarding any Order, Users may contact Vilebrequin at the following email address: contact.eu@vilebrequin.com.

ARTICLE 13 – MISCELLANEOUS

13.1 Should any provision of the Terms be considered as illegal or unenforceable by a Court of competent jurisdiction, the other terms shall remain in force and the illegal or unenforceable provision shall be deemed replaced by a legal and enforceable provision reflecting as closely as possible the intent of the original provision.

13.2 The correspondence between Vilebrequin and the Users shall generally be exchanged by e-mail.
Users acknowledge that they bear the burden of proof that any of their e-mails have been sent and, if applicable, in due time. Users are thus advised to send a copy of any important notifications, which shall produce legal effects or are subject to a time limit, by registered letter

ARTICLE 14 - APPLICABLE LAW – DISPUTE SETTLEMENT

14.1 Subject to any mandatory provisions of applicable law, these Terms are subject to Swiss law.

14.2 In the case of a dispute arising in relation to these Terms Users shall first contact Vilebrequin in order to reach an out-of-court solution.

14.3 In the case of failure to reach an out-of-court settlement, Vilebrequin and the User will agree to refer their dispute to a mediator appointed by Vilebrequin and the User.

14.4 In the case of failure to reach a settlement of the dispute through mediation, either party may refer the dispute to any Court of competent jurisdiction.

ARTICLE 15 - CLICK & COLLECT

The Click and Collect service gives customers the option of ordering one or more products on the website from one or more Vilebrequin stores selected, depending on the stock available.

By clicking on the “In store collect” button, customers can check stores that have stock available for the product(s) selected.

If the customer chooses the “In store collect” option, the product is then added to basket. To confirm the order, the customer is required to pay the price indicated for all the selected “In store collect” products up front.

Soon after the order is finalised, the customer receives a confirmation email. When the order is available, an availability email is sent to the customer and the customer then has 14 days to pick up the “In store collect” order from the selected store(s) by presenting this email.

The transfer of ownership of the product(s) ordered under Click and Collect will take place when it is actually picked-up from the store(s).

If the customer fails to pick this order up within the 14 day period, the “In store collect” order is cancelled and the customer receives full refund for the order.

If some of the products displayed as available on the website in the selected store(s) are no longer available, Vilebrequin shall inform the customer as soon as possible.

In such cases, the customer has the following two options:
• Accept the order without the missing product(s). In this case, a refund for the amount corresponding to the missing product(s) is made within 10 days.
• Cancel the entire “In store collect” order. The entire amount paid while placing the order is then refunded within 10 days.

If the selected store(s) do not have any of the products ordered, the amount relating to a “In store collect” order is fully refunded to the customer within 10 days.