TERMS & CONDITIONS
In General
Welcome to the Le Chameau USA website (the "Site"). The Site is owned and operated by Le Chameau UK Limited ("Le Chameau" or “we”). Le Chameau is a private limited company incorporated in England with company number 08239704.
Your use of the Site is subject to your compliance with these terms and conditions (the "Terms"). By using the Site, you accept and agree to be bound by these Terms. If you do not agree to the Terms, you may not use the Site. Le Chameau may modify these Terms from time to time and without notice, effective upon posting on the Site, and your continued access or use of the Site constitutes acceptance of all such modifications.
The Site is for domestic and private use only. Access to the Site is permitted on a temporary basis, and we reserve the right to suspend, withdraw or amend availability of the Site without notice. We will not be liable if for any reason the Site is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of the Site, solely at our discretion.
The Site may contain links to other websites (the "Linked Sites"), which are not operated by Le Chameau. Le Chameau has no control over the Linked Sites and accepts no responsibility for them or for any loss or damage that may arise from your use of them. Your use of any Linked Sites will be subject to the terms of use and service contained within each such site, you are solely responsible for your use of any Linked Sites, and accept all such responsibility for your actions within the Linked Sites.
Privacy Policy
Our privacy policy, which sets out how we will use your information, can be found here and is incorporated by reference as if same was set forth herein. By using the Site, you consent to the processing described therein and warrant that all data provided by you is accurate.Prohibitions
You must not misuse the Site and, specifically, you must not:
• violate any local, state, Federal or international laws, including without limitation, laws regarding the export of data from the United States or the country in which you reside, or commit or encourage any criminal offense;
• transmit or distribute a virus, trojan horse, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene;
• hack or gain unauthorized access to the Site, the server on which the Site is stored or any server, computer or database connected to the Site, or any other equipment, network or software owned or used by any third party on which the Site relies in any way;
• delete or revise any content on the Site or corrupt any Site data;
• adversely affect the Site's resources or the availability of the Site to others or otherwise cause annoyance or harm to other users of the Site;
• infringe upon the rights of any other person's proprietary rights;
• send any unsolicited advertising or promotional material, commonly referred to as "spam";
• attempt to affect the performance or functionality of any computer facilities of, on or accessed through the Site; or
• submit or send any communications to Le Chameau or submit any Visitor Content or other materials, content or information which is illegal, obscene, defamatory, discriminatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, invasive of privacy or which encourages criminal conduct.
Breaching this provision could constitute a criminal offense and Le Chameau will report any such breach to the relevant law enforcement authorities and disclose your identity to them. If you commit such a breach, your right to use the Site will cease immediately. Additionally, if your breach of these terms results in any civil action being brought against Le Chameau, you hereby irrevocably agree to indemnify Le Chameau in any such action as set forth below in the section titled “Indemnity.”
Visitor Content
Some parts of the Site may allow you to post or to e-mail to Le Chameau materials or information (including recommendations or suggestions for new or improved products or services) (collectively, "Visitor Content"); or to access or use Visitor Content posted or e-mailed by other visitors to the Site. Should you post or e-mail any Visitor Content, you grant Le Chameau a worldwide, nonexclusive, royalty-free, perpetual, irrevocable, and fully sub licensable license to (a) use, distribute, display, reproduce, modify, perform, preserve and create derivative works of all such Visitor Content in any media now known or hereafter developed, including in advertisements for Le Chameau services; and (b) use the name under which you submit such Visitor Content in connection therewith, at Le Chameau’s sole discretion. You also grant each user of the Site a non-exclusive license to access your Visitor Content through the Site and to reproduce, distribute, prepare derivative works, display and otherwise use such Visitor Content as permitted under these Terms. You understand that changing your permissions shall not require Le Chameau or any user to remove your submission from any work created prior to the effective date of your change or otherwise modify any prior use of your submission and that Le Chameau shall not be responsible for any user's failure to abide by the changes to your permissions.
You acknowledge that whether or not such Visitor Content is published, Le Chameau does not guarantee any confidentiality or security of any Visitor Content, or any other information or materials you provide or submit by email or other electronic communication. Le Chameau may remove any Visitor Content from the Site at any time, in Le Chameau’s sole discretion and for any or no reason. You waive all claims against Le Chameau for any violation of copyright, rights of privacy, publicity, and defamation or other personal torts arising from Le Chameau’s use of the information you provide. You are solely responsible for Visitor Content and other information and materials you provide to Le Chameau. You represent and warrant to Le Chameau that A) You own or have the necessary license, rights, consents and permissions to use and authorize Le Chameau to use any user submissions and other information or materials you provide in the manner contemplated by the Site and these Terms; and B) you have the written consent of each identifiable individual person appearing or included in your user submissions to use his or her name, likeness and other personal indicia in the manner contemplated by the Site and these Terms.
You further agree not to submit or post advertisements or solicitation of business and/or use false email addresses or impersonate any person or otherwise mislead as to the origin of any Visitor Content or other materials, content or information you submit or provide.
You also agree that Le Chameau may use and/or disclose Visitor Content and any other information about you or which you provide (a) as required by a court or government agency; (b) to enforce these Terms; (c) to respond to any claim by you or a third party; or (d) to protect or assert Le Chameau's rights.
You acknowledge that communication via the Internet may use potentially unsecure computers and links and that data may be lost or intercepted by unauthorized parties during such transmission. You agree that Le Chameau shall have no liability whatsoever in connection with such lost or intercepted data.
Le Chameau has the right, but not the obligation, to review, remove or edit Visitor Content, at Le Chameau’s sole discretion. Le Chameau has no responsibility and assumes no liability for Visitor Content posted by you or any other party, and does not guarantee the accuracy, integrity or quality of any Visitor Content.
Remember, any personal information you post or e-mail to the Site may be collected and/or used by third parties. Le Chameau takes reasonable steps to protect your personal information in accordance with our Privacy Policy but cannot guarantee the security of any personal information you post or e-mail to the Site.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Site or to your downloading of any material posted on it, or on any website linked to it.
Intellectual Property, Software and Content
All documents, information texts, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively referred to as the “Content”), including the design, structure, selection, coordination, expression, look and feel, presentation and arrangement of this Content, contained on the Site are and remain the exclusive property of Le Chameau and are hereby protected globally under copyright, patent and trademark laws of the United States, and the United Kingdom where applicable, and various other applicable intellectual property and unfair competition laws, whether or not such applicable laws are set forth herein.
Reproduction of all or part of the Site and its contents is strictly prohibited without the express permission of Le Chameau. Nothing on the Site may be copied, reproduced, republished, uploaded, posted, publicly exhibited, encoded, translated, transmitted or distributed in any way in any medium whatsoever without the express written consent of Le Chameau.
Terms of Sale
By placing an order for any goods on the Site, you are offering to purchase the goods on, and subject to, the following terms and conditions. All orders are subject to availability and confirmation of the order price.
Shipping times may vary according to availability and subject to any delays resulting from postal delays or force majeure for which we will not be responsible.
In order to contract with Le Chameau you must be over 18 years of age and possess a valid means of payment acceptable to Le Chameau. Accordingly, Le Chameau retains the right to refuse any request or order made by you. If your order is accepted, we will inform you by email. When placing an order, you undertake that all details you provide to us are true and accurate, that you are an authorized user of the credit or debit card or other means of payment used to place your order, and that there are sufficient funds to cover the cost of the goods and any associated shipping costs.
(a) Our Contract
When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order: this email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us will not be formed until we send you confirmation by e-mail that the goods which you ordered have been shipped to you. Only those goods listed in the confirmation e-mail sent at the time of shipping will be included in the contract formed.
(b) Pricing and Availability
Prices advertised on the Site are stated exclusive of shipping costs and any sales (or similar) taxes that may be applicable. Details of any such costs and taxes that are chargeable will be displayed in your “basket” at the point of checkout. While we try and ensure that all details, descriptions and prices which appear on the Site are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered, we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you, we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund.
Le Chameau reserves the right to withdraw any goods from the Site at any time and shall not be liable to anyone for withdrawing any goods from the Site or for refusing to process an order for goods placed through the Site.
(c) Delivery and Title
Details of delivery/shipping arrangements and costs, where applicable, will be charged in addition; such arrangements and costs are clearly displayed where applicable in the “basket” and included in the 'Total Cost' at checkout.
Where a specific delivery date has been estimated, and where this delivery date cannot be met, Le Chameau will notify the customer of an updated delivery estimate. If the updated delivery estimate is more than two (2) weeks after the initial delivery estimate, you will be given the opportunity to re-affirm your order or cancel same and receive a full refund.
Le Chameau shall use its reasonable efforts to meet any estimated delivery date. In any event, time of delivery shall not be of the essence and Le Chameau shall not be liable for any losses, costs, damages (including in transit) or expenses incurred by the customer or any third party arising directly or indirectly out of any failure to meet any estimated delivery date.
Delivery of the goods shall be made to the customer’s address specified in the order and the customer shall make all arrangements necessary to take delivery of the goods whenever they are tendered for delivery.
Title and risk in the Goods shall pass to the Buyer upon delivery of the Goods, whether the Buyer is or is not present at the time of delivery.
(d) Payment
Upon receiving your order we will process your payment and once the goods have been shipped your card will be charged for the value of goods you have purchased as listed in the confirmation email. You will only be charged for the items that we have been able to fulfil at the time of shipment.
(e) Warranty
Le Chameau warrants that the goods will at the time of shipping correspond to the description given by Le Chameau on the Site. In addition, we offer additional guarantees of 2 years on footwear products and 1 year on other products and accessories. Full details of the terms and conditions applicable to these additional guarantees are available on the Site on a product specific basis. LE CHAMEAU MAKES NO OTHER WARRANTY WHATSOEVER WITH RESPECT TO THE GOODS, INCLUDING ANY (A) WARRANTY OF MERCHANTABILITY; OR (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (C) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE.
(f) Returns, warranty claims, exchanges and cancellations
Please see our Returns and Exchanges page on the Site which contains important information about the return of products purchased on this website. Alternatively, please contact [email protected] to discuss any return or exchange.
Le Chameau Products
Le Chameau and its affiliates own all right, title and interest, including patent, trademark and copyright, for all Le Chameau products available for purchase through the Site, and in all images contained on the Site. Le Chameau products are warranted, if at all, as provided in the warranty accompanying the product. Le Chameau hereby expressly disclaims all other warranties with regard to Le Chameau products, including all warranties of merchantability or fitness for a particular purpose or non-infringement, whether express or implied, as set forth above.
Product Descriptions
Disclaimer of Liability
The material displayed on the Site is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law LE CHAMEAU AND ITS OFFICERS, DIRECTORS, SHAREHOLDERS, SUBSIDIARIES, AFFILIATES, AGENTS, EMPLOYEES, SUPPLIERS, CONTENT PROVIDERS AND ADVERTISERS (the “Disclaimed Parties”) HEREBY EXPRESSLY EXCLUDE ALL CONDITIONS, WARRANTIES AND OTHER TERMS WHICH MIGHT OTHERWISE BE IMPLIED BY STATUTE, COMMON LAW OR THE LAW OF EQUITY AND SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT WITHOUT LIMITATION TO ANY DIRECT, INDIRECT, SPECIAL, ACTUAL, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOSS OF USE, PROFITS, DATA OR OTHER INTANGIBLES, DAMAGE TO GOODWILL OR REPUTATION, OR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, ARISING OUT OF OR RELATED TO THE USE, INABILITY TO USE, PERFORMANCE OR FAILURES OF THIS WEBSITE OR THE LINKED SITES AND ANY MATERIALS POSTED THEREON, IRRESPECTIVE OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR ARISE IN CONTRACT, TORT, EQUITY, RESTITUTION, BY STATUTE, AT COMMON LAW OR OTHERWISE. This does not affect Le Chameau's liability for death or personal injury arising from its negligence, fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.
In furtherance of the above, you hereby agree that any lawsuit, arbitration action, complaint, proceeding or the like, shall not be brought against any of the Disclaimed Parties and that same shall have no personal liability whatsoever regarding anything contained herein. You further agree that if any action is brought against any of the Disclaimed Parties, Le Chameau may submit these Terms and the existence of this section, and these paragraphs, as sufficient evidence for the dismissal of any such action. You further agree that if any action is brought against any of the Disclaimed Parties that is not withdrawn after proper notice from Le Chameau and le Chameau must seek a dismissal as set forth in this paragraph, that you shall be wholly responsible for Le Chameau’s reasonable attorneys’ fees and all costs and other fees, if any, associated with any such motion for dismissal.
You hereby release Le Chameau, the Disclaimed Parties, any predecessors in interest, successors, and assigns from claims, demands, any and all losses, damages, rights, and actions of any kind, including personal injuries, death, and/or property damage, that is either directly or indirectly related to or arises from any interactions with or conduct of other users or the Linked Sites of any kind arising in connection with or as a result of the Terms or your use of the Site. If you are a California resident, you hereby waive California Civil Code Section 1542, which states, “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”
Use of the Site
You are solely responsible for obtaining and maintaining all computer hardware, software, internet connection, and other equipment necessary to access and use the site, including all related expenses.
Le Chameau reserves the right to suspend or terminate your access to the Site or any portion of the Site with or without notice if you breach these Terms or if Le Chameau has reasonable grounds to believe you have committed such breach.
Disclaimer as to ownership of trade marks, images of personalities and third party copyright
Except where expressly stated to the contrary all persons (including their names and images), third party trademarks and content, services and/or locations featured on the Site are in no way associated, linked or affiliated with Le Chameau and you should not rely on the existence of such a connection or affiliation. Any trademarks/names featured on the Site are owned by the respective trademark owners. Where a trademark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to Le Chameau.
Copyright Infringement
If you believe any content posted on the Site infringes any person's copyright interest, please provide the following information, in writing and signed by you as soon as practicable after the discovery of such allegedly infringing content, to Le Chameau customer care at [email protected]:
• A description of the allegedly infringing content, and of the copyrighted work which you believe is infringed, including an assertion that you either own such copyright interest, or are the authorized agent of the owner.
• Your address, telephone number and e-mail address.
• A statement that all information you have provided is accurate and that you have a good-faith belief that the use of the disputed content is not authorized by the copyright owner, its agent or by law.
Indemnity
You agree to indemnify, defend and hold harmless Le Chameau, its directors, officers, employees, consultants, agents, affiliates, licensors, suppliers, and/or third party content providers from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use the Site or your breach of the Terms.
Invalidity
If any part of these Terms are unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms will not be affected with all other clauses remaining in full force and effect. So far as possible where any paragraph/sub-paragraph or part of a paragraph/sub-paragraph can be severed to render the remaining part valid, the paragraph or sub-paragraph shall be interpreted accordingly. Alternatively, you agree that the paragraph or sub-paragraph shall be rectified and interpreted in such a way that closely resembles the original meaning of the paragraph /sub-paragraph as is permitted by law.
Complaints
If you have any complaints or comments which you wish to raise with us please contact [email protected].
In accordance with California Civil Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.
Waiver
If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
Miscellaneous
Representation. This Site is controlled and operated by Le Chameau from its headquarters in Rutland, England. Le Chameau makes no representation that any content on the Site or accessed through the Site is appropriate or available for use in any jurisdiction.
Governing Law/Venue/Waiver of Jury Trial/Arbitration. These Terms, and any dispute that may arise between you and Le Chameau shall be governed by and construed in accordance with the laws of the United States of America and the State of New York, without regard to conflict of laws principles. You hereby agree to waive your statutory and constitutional rights to go to court and have a trial in front of a judge or a jury, instead electing that all claims and disputes shall be resolved by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules (the “Arbitration”), and judgment on the award rendered by the arbitrator(s), if any, may be entered in any court having competent jurisdiction thereof. Any request for Arbitration pursuant to this paragraph shall apply the laws of the State of New York, as applicable. The Parties hereby agree and consent that the exclusive jurisdiction and venue of any Arbitration shall be brought and heard in the State of New York, County of New York.
Limitations. YOU AND LE CHAMEAU HEREBY EXPRESSLY AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE TERMS OR THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. YOU HEREBY FURTHER AGREE THAT IF A REQUEST FOR ARBITRATION IS FILED BY YOU AFTER THE EXPIRATION OF SUCH ONE (1) YEAR LIMITATIONS PERIOD, LE CHAMEAU SHALL ONLY NEED TO SUBMIT THESE TERMS WITH REFERENCE TO THIS PARAGRAPH AS EVIDENCE OF SUCH LIMITATIONS AGREEMENT TO DISMISS ANY SUCH POST LIMITATIONS PERIOD REQUEST FOR ARBITRATION.
Amendment. These Terms, including the Privacy Policy, as each may be amended from time to time, set forth the entire understanding of you and Le Chameau as to your access and use of the Site and the content on the Site.
Validity and Assignment. No waiver or failure to assert any provision of the Terms shall be valid unless in writing and signed by an officer of Le Chameau. Le Chameau may assign its rights and duties under the Terms to any party, at any time, and without notice to you. The Terms, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Le Chameau’s prior express written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.
Minors. Le Chameau duly undertakes the protection of the rights of minors and children, and thereby encourages parents, legal guardians and responsible adults to be actively involved in the safe use of the Internet. As set forth above in the section titled “Terms of Sale,” you hereby represent and warrant that you are at least eighteen (18) years of age, or older, as of the date of first access to our Site and, if you are under such age, are using the Site under the direct supervision of your parent, legal guardian or responsible adult. You hereby represent and warrant that you will not provide Le Chameau with personally identifiable information of children under the age of eighteen (18) without the consent of their parents or legal guardians.
Upon the terms and conditions of 47 U.S.C. §230(d), Le Chameau hereby informs you about the commercial availability of parental control mechanisms which may assist you in limiting access to minors of material that is or may be considered harmful.
In compliance with the terms of the Children’s Online Privacy Protection Act (COPPA), Le Chameau does not knowingly collect any kind of information from any person under the age of thirteen (13).
Entire Agreement. These Terms constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and Le Chameau. They are a written agreement between you and Le Chameau and a printed version of these Terms, and of any electronic notice pertaining to these Terms, shall be admissible in a judicial or administrative proceeding to the same extent, and subject to the same restrictions, as any other contract, document or record originally in printed form.
Effect of Delay/Force Majeure. Le Chameau shall not be liable or responsible for any delay or failure to perform any of its obligations hereunder, or be deemed to have defaulted or breached these Terms, if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, flood, riots, embargos, acts of civil or military authorities, pandemics, epidemics, failure of any communications, telecommunications or computer system, breakdown of plant or machinery, or shortage or unavailability of raw materials from a natural source of supply, transportation facilities, labor, fuel or energy. and the Seller shall be entitled to a reasonable extension of its obligations under any of these circumstances.
Headings. The section and paragraph headings in these Terms are for convenience only and will not affect their interpretation.
Questions about these Terms or the Site? Please contact:
[email protected]
Updated September 5th 2024