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Terms and Conditions of Online Sale

 

1/ General & Disclaimer

In these Terms & Conditions (“T&Cs”), “We”, “Us”, “Our”, “Le Coq Sportif” or “lecoqsportif.com.au” means Next Athleisure Pty Limited trading as LE COQ SPORTIF (ABN 47 083 404 424), its subsidiaries and associates (unless otherwise stated).

This website, and our online store (our “Website”), is a channel for customers to place orders for products we have available for purchase.

We will not be liable if, for any reason, the Website is not available at any time, for any period of time. We reserve the right to limit or restrict access to certain functionality, webpages, or the entirety of the Website.

While the information contained in the Website is believed to be accurate and current, it is provided by Le Coq Sportif in good faith on an "as is" basis. Le Coq Sportif, its directors, officers or employees make no representation or warranty as to the reliability, accuracy or completeness of the information contained on the Website, and none of them accept any responsibility arising in any way (including negligence) for errors in, or omissions from, the information contained in the Website.

You may have rights under Australian Consumer Law, and these T&C’s do not exclude any rights you have under Australian Consumer Law, or any applicable state/territory legislation.

To the extent (if any) that the content of the website does not satisfy the laws of a country other than Australia, it is not directed to persons in those countries and they should not use the website.

2/ Acceptance

The Le Coq Sportif website and online store (collectively, our “Website”) is owned and operated by Next Athleisure Pty Limited trading as LE COQ SPORTIF (ABN 47 083 404 424).

Access and use of the Le Coq Sportif website is conditional upon your acceptance and compliance with the terms, conditions, notices and disclaimers set out herein (our “T&Cs”).You should read them thoroughly before using our website and online store, or any goods and services provided through our website (collectively, our “Services”). Your use of the Le Coq Sportif website constitutes your agreement to the T&Cs.

Le Coq Sportif reserves the right to amend the T&Cs at any time and without notice to you. Le Coq Sportif may change the T&Cs from time to time, and your continued use of the Le Coq Sportif Website after any amendment becomes effective constitutes an agreement by you to abide, and be bound by, the T&Cs, as so amended. We will always publish a link to our current T&Cs from the website homepage at lecoqsportif.com.au.

These Terms & Conditions shall be governed by and construed in accordance with the laws of the state of New South Wales, Australia. You agree to submit to the non-exclusive jurisdiction of the courts of the state of New South Wales, Australia.

3/ Capacity

The Products available on the Website are only available for sale to individuals who can make legally binding contracts. The products are not available to persons under the age of 18 years and any other persons who are legally prohibited from entering into binding contracts.

4/ Orders, Pricing & Availability

Prices displayed within this Website are shown in Australian dollars (AUD) and include GST where applicable. Pricing on a product detail webpage may not include delivery charges (if applicable).

Any Order placed by You in the manner described in this website is an offer to purchase a particular Product for the price (including the delivery and other charges and taxes) specified in this Website at the time you place your order on these Terms & Conditions.

Le Coq Sportif reserves the right to accept or reject your order for any reason, including, without limitation, the unavailability of any product, an error in the price or the product description posted on this website, or an error in your order.

Prices of products and services, as well as delivery and other charges displayed on this website are current at the time of issue, but may change at any time and are subject to availability. All pricing on our website is available online only, and is not transferable in-store, or vice versa, on occasion where pricing differs between the two.

Prices displayed on this website are inclusive of GST applied at the rate of 10%. You are responsible for any taxes, duties or other liabilities imposed by any government agency, including without limitation, any customs duty, goods and services taxes or any value added tax imposed on any product or services acquired or ordered by you from this website.

5/ Payment

Payment is required at the time of purchase and placement of your order. Payment is charged/debited at the end of the complete check-out process. You will not be charged prior to the final step, and can choose not to proceed at any time before payment is taken.

We accept payment by credit card (Visa, Mastercard, Carte Bleue) on the website. The customer must confirm his/her delivery and billing address, the purchased item and the total price. The credit card number must be provided together with the expiry date and the CVV code. The order will be completed once the customer has clicked on “Yes, I confirm my order.”.

We accept payment by PayPal on the website. The customer confirms his/her delivery and billing address, the purchased item and the total price. The customer provides their PayPal login details. The order will be completed once the customer has clicked on“Yes I confirm my order”.

You must comply with the applicable T&Cs of these providers. In all cases, whatever is the payment option chosen by the customer, as soon as the order is confirmed, lecoqsportif.com will send by e-mail or by any other suitable correspondence to acknowledge receipt of the order. This order confirmation will summarize the conditions of sale together with product specifications and delivery address. The product remains LE COQ SPORTIF 's property until the amount has been credited to the lecoqsportif.com's account.

Any customer's complaint concerning the order or delivery of an unavailable item will be regarded as unfounded.

LE COQ SPORTIF reserves the right to cancel or refuse any order from a customer with whom there has previously been a dispute over an order payment.

6/ Payment Verification

LE COQ SPORTIF verifies all orders which have been confirmed on their website. These checking measures mean to protect LE COQ SPORTIF from consumer fraud. Our services may ask you all the necessary details to validate your order: proof of address or debit to your name, or proof of address to the name of the person listed on the delivery address, etc...

This information will be requested via email.

7/ Security of Payments

Payment security is one of LE COQ SPORTIF major priority. Transactions effected on lecoqsportif.com are rendered secure by the Ogone payment system (www.ogone.com). All information exchanged to process the payment is encrypted using the SSL protocol. These data cannot be detected, intercepted or used by third parties, and are not kept on our computer systems either.

Moreover, all purchases made through www.lecoqsportif.com respect the 3-D Secure protocol. 3-D Secure is a protocol created by international payment company such as Visa (Verified By Visa) and Mastercard (Mastercard Secure Code) aiming to improve the security of Internet payments. 3-D Secure adds an authentication step for online payments in addition to the account data entered by the customer. This personal data is compulsory for the bank to identify its customer and validate the payment.

NB: Ogone is a technical service provider, and does not take care of disputes linked to the orders. These should be settled directly with LE COQ SPORTIF and/or your bank.

More information about Ogone: www.ogone.com.

8/ Fraud Protection

Le Coq Sportif carries out activity to protect you, and our interests, from fraudulent orders and payments. A representative from Le Coq Sportif may contact you directly as part of this protection process.

If Le Coq Sportif determines an order is potentially fraudulent, we will not dispatch goods until we are satisfied that cardholder identification has been achieved and our Fraud Protection Process has been completed.

If you believe you have been a victim of a fraud, please contact our Fraud Protection Officer in writing at shop@lecoqsportif.com.au. Please ensure the subject line of your email is “ATTN: Fraud Protection Officer” so we can prioritise and escalate appropriately.

9/ Identification & Online Account

The customer having already purchased on www.lecoqsportif.com may want to choose a password which will enable them to place future orders without having to fill in the forms required again before placing an order.

You must provide true and factual information when creating an Online Account. The customer already registered is recognized as a lecoqsportif.com customer. The lecoqsportif.com customer's password is strictly personal and confidential. Under no circumstances should it be disclosed or passed on to anyone. Le Coq Sportif is entitled to assume that anybody accessing your account using your confidential username and password is you.

Should a lecoqsportif.com customer loses or forget his/her password, he can from the site www.lecoqsportif.com.au click on "forgotten password". They will then be issued a new password within 48 hours which will replace the previous one by rights.

In order to simplify the customer's identification process via entering both their email address and password, the customer expressly authorizes lecoqsportif.com to place a cookie file on their computer for this use only.

Be aware that others may access your account and private information if you do not sign-out before ending your session with Le Coq Sportif. Be particularly cautious when using public computers or devices that do not automatically log you out when you exit your browser.

10/ Refunds

Please read the Returns page or FAQ page both contained within this website for refund details. These pages outline the circumstances that a refund will be available to you.

11/ Delivery

Please read the Delivery page contained within this website.

Delivery times are indicative only, and Le Coq Sportif will not be liable for any failure to observe these delivery times.

12/ Risk and title

Le Coq Sportif will retain title to the products you order until you have made payment in full for those products, but all risk in the products will pass to you upon their delivery to or collection by a postal or courier service.

You should consider whether you need to obtain any suitable insurance.

13/ E-Newsletter Sign-Up

Subscribing to the Le Coq Sportif e-newsletter is not compulsory, and you can un-subscribe at any time.

We will never sell or share your information with third parties.

14/ Limitation of liability

Le Coq Sportif will in no way be liable for any direct, indirect, incidental, special or consequential damages, resulting from use or inability to use the website or for the cost of procurement of substitute products or resulting from any products purchased or obtained or messages received or transactions entered into through the website or resulting from unauthorized access to or alteration of your transmissions or data or of any information contained on this website, including but not limited to, damages for loss of profits, use, data or other intangible, even if Le Coq Sportif has been advised of the possibility of such damages.

Where any Act of Parliament implies in the Terms and Conditions any term, condition or warranty, and that Act avoids or prohibits provisions in a contract excluding or modifying the application of or exercise of, or liability under such term, condition or warranty, such term, condition or warranty shall be deemed to be included in the Terms and Conditions, however, the liability of Le Coq Sportif for any breach of such term, condition or warranty shall be limited, at the option of Le Coq Sportif to any one or more of the following:

If the breach relates to goods:

  • 1. the replacement of the goods or supply of equivalent goods;
  • 2. the repair of such goods;
  • 3. the payment of the cost of replacing the goods or of acquiring equivalent goods; or
  • 4. the payment of the cost of having the goods repaired;

If the breach to relates to services:

  • 1. the supplying of the services again; or
  • 2. The payment of the cost of having the services supplied again.

15/ Copyright

All content displayed on this site, including (but not limited to): all text, graphics, logos, names and trademarks (collectively, “Our Content”) is the property of Le Coq Sportif, or the property of their respective owners, and are protected by copyright, trademark and other intellectual property laws.

Except as permitted by the Copyright Act 1968 (Cth) no part of the website or Our Content may be reproduced, adapted, performed/presented in public or transmitted in any form by any process (graphic, electronic or mechanical, including further copying, recording, taping or by a storage and information retrieval system) without the specific prior written consent of Le Coq Sportif.

16/ Disclaimer

While the information contained in the website is believed to be accurate and current, it is provided by LE COQ SPORTIF in good faith on an "as is" basis. le coq sportif its' directors, officers or employees make no representation or warranty as to the reliability, accuracy or completeness of the information contained on the website and none of them accept any responsibility arising in any way (including negligence) for errors in, or omissions from, the information contained in the website. To the extent (if any) that the content of the website does not satisfy the laws of a country other than Australia, it is not directed to persons in those countries and they should not use the website.

17/ Responsibility

LE COQ SPORTIF is solely responsible for providing the means to access any of the website's section, from consulting, filling in forms, placing orders, to delivering items or any other service.

Consequently, LE COQ SPORTIF should not be held responsible for any inconvenience or damage encountered through the use of the Internet network, in particular in matters entirely unrelated to LE COQ SPORTIF 's diligence and care such as disturbances in the service supply, external intrusions or presence of virus.

Moreover, any event qualified as "beyond reasonable control" according to the Supreme court of appeal's case-law, exonerates LE COQ SPORTIF from any responsibility.

Customers benefit from the guarantees given by the trademarks present on the website.

18/ Viruses

Le Coq Sportif does not represent that any information (including any file) obtained from or through the website is free from computer viruses or other faults or defects. It is your responsibility to scan any such information for computer viruses.

Le Coq Sportif will not be liable to you or to any other person for any loss or damage (whether direct, indirect, consequential or economic), however caused and whether by negligence or otherwise, which may result directly or indirectly from any such information. To the extent that any liability may be imposed on Le Coq Sportif it shall be limited to the cost of re-supplying that information.