We are delighted to welcome you to the web site (the "Site") of Samsonite.
Samsonite is a brand of Samsonite Corporation.
Please understand that this Site is offered to you, the user, conditioned upon your acceptance of the terms and conditions set forth in this agreement (the "Agreement").
By using this Site, you are accepting this Agreement in its entirety.
If you do not agree to these terms and conditions of use, please do not use this Site.
From time to time, when you use particular services or purchase products on this Site, you will come upon additional guidelines, rules, and policies applicable to such services or products.
All such guidelines, rules, and policies are hereby incorporated by reference and will apply to your use of this Site.
We ask you to take the time to read this Agreement carefully.
The terms and conditions of this Agreement may be amended from time to time by Samsonite Corporation, its subsidiaries, affiliates (collectively "Samsonite") and Frucon NV by posting such change on the Site.
Use by you after a change to these terms and conditions has been so posted shall constitute acceptance by you of such changed terms.
If you do not wish to accept such changes, please do not use this Site...
The products made by Samsonite and offered on this website are stocked, packed and shipped by Frucon NV who controls the entire ordering and payment process.
Frucon NV (named "Frucon") is located at 8800 Roeselare, Izegemseaardeweg 144 and is registered in the Kortrijk Trade Registry under the number VAT 0461 743 853.
E-mail address: benny.sintobin@frucon.net.
Tel. 0844 33 05 934
Fax +32 (0)51 69 68 37.
This Agreement was last revised on 14 August 2009.
Samsonite and Frucon prepared this Site for your personal and non-commercial use. Please do not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, or create derivative works from information or material on this Site, except as follows: you may download and make one copy of the content and other downloadable items displayed on this Site for personal, non-commercial use only, provided that you maintain all copyright and other notices contained in such content. Copying or storing of any content for other than personal, non-commercial use is not permitted. All rights, including copyright and compilation copyright, in this Site are owned by or licensed to Samsonite. Samsonite® is a registered trademark of Samsonite Corporation. All other trademarks, marks, illustrations, images and logos which appear on our products, accessories or packaging, are and remain the exclusive property of Samsonite; their reproduction, whether wholly or partially, for whatever reason and for whatever medium, is strictly prohibited, as is any combination or use in conjunction with any other mark, symbol, logo or other distinctive sign. The technology is provided and owned by Frucon.
Samsonite and Frucon use their best efforts to keep the information on the Site updated.
However, it is not possible to guarantee the complete absence of errors on the Site.
The information and other material published on this Site may include inaccuracies or typographical errors.
The weights, dimensions and volumes of the products are approximate only.
We have made reasonable efforts to ensure that product information is accurate and to display as accurately as possible the colours of our products.
However, we cannot guarantee that your screen's display will accurately reflect the colour of the product on delivery.
Changes are periodically made to the information on the Site without notice to you.
Samsonite and Frucon reserve the right to change the Site at any time, in its discretion.
Despite best efforts to meet industry standards, Frucon does not warrant that the functions contained in the Site or any materials or content contained therein will be uninterrupted or error free, that defects will be corrected, or that the Site or the server that makes it available is free of viruses or other harmful components.
Samsonite and Frucon shall not be liable for the use of the Site, including, without limitation, the content and any errors contained therein.
Cabin carry-on/hand luggage restrictions: while we make efforts to ensure that items listed as cabin carry-on/hand luggage meet current airline restrictions, we cannot be held responsible if an airline applies other check-in standards or if airlines or airports change their restrictions.
You cannot place an order if you are not an adult aged 18 or over.
When placing an order for the first time, you will be opening an account with us and complete certain required fields on an order form.
All steps necessary for placing an order are detailed on the Site.
The order process consists of following steps :
Before you submit your order by clicking the "confirm your order" button, you will be given the opportunity to review your selection, check the total price of your order including the shipping expenses and make any final changes.
When you place an order to purchase a product we will send you an e-mail confirming receipt of your order and containing the details of your order.
Your order represents an offer to us to purchase a product which is accepted by us when we send e-mail confirmation to you that we've dispatched that product to you (the "Shipping Notification E-mail").
You will also receive an email confirming the payment (if you used a credit card).
The order acceptance will be complete at the time we send the Shipping Notification E-mail to you.
The Shipping Notification E-mail will contain a parcel carrier tracking number.
Any products on the same order which we have not confirmed in a Shipping Notification E-mail to have been dispatched do not form part of that sale contract.
All orders are subject to availability of the products at the time of dispatch. We reserve the right to limit purchase quantities on items at any time, for any reason.
The products bought on this Site will be delivered in Poland. In the event you want the goods to be delivered to other European countries, you must place your order through the Site that corresponds to the country of delivery. Please note that :
No sale agreement will exist between you and Frucon until Frucon dispatches the products. All information on our Website is an invitation to treat only and is not an offer or unilateral contract. Your order represents an offer by you to purchase the products. We will acknowledge receipt of your order without delay by sending a confirmation e-mail. Such confirmation e-mail does not constitute acceptance of your order. The sale will only be binding on us once we have notified you that the order is accepted and the goods have been dispatched by us. This means that if products are shown on our Site but are not available or are incorrectly priced or otherwise incorrectly described, we shall not be obliged to sell them to you. Any and all sale agreements will be interpreted, construed and enforced in accordance with the laws of England and the parties to the sale agreement irrevocably submit to the non-exclusive jurisdiction of the Belgian courts.
The price of the products you order is the price that is displayed on the Site at the time you confirm your order and will be confirmed on the e-mail confirmation confirming receipt of your order.
All prices are in € and inclusive of VAT.
If an error is found in the price of the products you have ordered, we will inform you as soon as possible and offer you the option of reconfirming your order at the correct price or cancelling your order.
If you cancel, we will refund or re-credit you for the sum that has been debited from your credit card for the products.
In addition to the price of the products, you will be required to pay a delivery charge.
You will be informed of the delivery charge payable when you place your order.
The charges for delivery will depend upon the level of delivery service you may require.
We reserve the right to modify our prices at any moment but we will apply the prices applicable at the time you placed your order (as mentioned in the e-mail confirming receipt of your order).
You must pay for the products by credit card prior to their dispatch to you.
Payment must be in €.
We accept the credit cards shown on the payment pages of the Site.
We will authorize your credit card at the time of your order.
As part of this authorization process, your bank will place a hold on your account for the purchase amount of your order.
The hold will be removed after a number of days determined by your banking institution - check with your bank for details.
Your credit card will be debited at the time the products are dispatched.
In the event that the sum due cannot be debited, regardless the reason, the order will be cancelled immediately.
In order to counter Internet fraud, payments through our Site will be managed on-line with the banking organisations concerned through the facilities offered by Ogone.
Please refer to our Privacy Policy posted on the Site for further details.
All products are being delivered from our fulfilment centre at Frucon NV, Roeselare, Belgium.
We will use all reasonable efforts to deliver the products ordered within the estimated timescales.
(Please note that the delivery timescales are just estimates - they are not guaranteed delivery times and should not be relied upon as such.)
If your product is not delivered within the specified timescale, please contact customerservice@frucon.net with your order number, tracking number, name or email address.
This will assist us in tracing your order and give you an anticipated delivery date.
Should we fail to deliver any products within the estimated timescales, we shall be under no liability for any delay incurred or the consequences of any such delay.
If you have not received any item you ordered after 30 days from the date of the Shipping Notification E-mail, you will have the option to cancel your order and request a full refund.
If you wish to cancel your order at the expiry of the said 30 days, please notify us by contacting us requesting a full refund.
If the product you ordered has not been delivered to you, we shall refund you the full amount taken from your credit card (including any delivery charges).
We only ship via courier.
Please be advised that the courier services may require someone to sign for your shipment.
All products must be signed for by an adult aged 18 years or over on delivery.
If there is no one at the address given who is competent to accept delivery of the products, you will be asked to contact our courier service in order to arrange an alternative delivery date or a place to collect the products.
Ownership of the products and risk for damage to the products pass to you upon delivery.
If, at the time of delivery, the packaging is damaged, you are required to open the package in the presence of the carrier in order to verify the condition of the products.
In the event of damage to the products, do not accept the parcel, but note the details on the delivery note and contact customerservice@frucon.net.
Deliveries are not made care of or to PO box addresses (including APO/FPO addresses).
We guarantee total customer satisfaction.
If you are not completely satisfied with your online purchase, you may return unused merchandise in its original box provided you meet the rules described hereafter.
You have the right to retract the sale agreement at any time up to 10 calendar days from the delivery date.
Your right of retraction does not exist for personalized items.
All items must be returned unused, with authentic labels, use instructions, guarantee leaflet and other hangtags and wrappings, and in original packaging.
You are responsible for returning the products to us as soon as possible and at your own cost.
If goods returned under your right of retraction are not in a re-sellable condition, we will not accept your return.
To exercise your right of retraction, please give us written notice by e-mail to customerservice@frucon.net and follow the return procedure set out below :
Please contact customerservice@frucon.net and mention the tracking number on the Shipping Notification E-mail or the order number on the e-mail confirming receipt of your order, together with the reason for the return. We will e-mail you a return label, a return number together with the return instructions. The return is at your own cost and we advise you of the cost of the return in the same e-mail.
Pack the item to be returned (only unused items, with authentic labels, use instructions, guarantee leaflets and other hangtags and wrappings) in its original carton to prevent damage while in transit.
Please print the return label and tape it on your return package. The return label will comprise all required data like your name, your address and the return address, your phone number, item number and/or description of item being returned, and the return number.
Please carefully read the return instructions and contact our express courier for pick up as indicated in the return instructions. You have to organize the pick up by our express courier within 7 calendar days from the date we sent you the e-mail with the return label, the return number and the return instructions.
Provided you have respected all return requirements, we will give refund instructions within 30 days.
In the event you have not respected all return requirements, we will advise you by e-mail why we cannot approve your return.
Please return only online purchased merchandise through the procedure described above.
The products purchased online shall not be refunded nor returned by our stores or dealers.
You must check whether your shipment is correct upon delivery. If there are discrepancies or problems with your order, you shall note the nature of the discrepancy or the problem on the delivery note and sign it. You shall give us written notification of the problem within 24 hours of the delivery date by e-mail to customerservice@frucon.net and follow the returns procedure described under "Your right of retraction", but for faulty goods or goods being returned due to our error we will also refund any cost incurred in returning the item. Subject to availability, we will send you a new Shipping Notification E-mail and we will automatically and immediately ship to you at our own costs the correct replacement product.
The terms and conditions of this Agreement do not affect your statutory rights.
We will not be liable for any damages (including without limitation loss of profit or loss of use) arising out of your use or delay or inability to use our Site, its content or any link to another website arising in contract, tort (including negligence) or otherwise, except in the case of death or personal injury cause by our negligence or wilful misconduct.
We will not be liable to you by way of representation (unless fraudulent), common law duty or under any express or implied term of the sale agreement for :
Our entire liability in connection with the sale agreement will not exceed the purchase price of the products in question.
We consider your privacy to be very important and we want to be sure you are aware of and agree to the way in which we might use personal information about you. You hereby agree to Samsonite and Frucon's Privacy Policy posted on the Site and which is hereby incorporated into this Agreement, in which we detail the ways in which we might utilize personal information coming from you. By placing an order on the Site, you consent to the collection, use and transfer of your information under the term of our Privacy Policy.
This Site may contain links to sites operated by third parties. Such links are provided for your reference and convenience only. Samsonite and Frucon are not responsible for the content, products, services, statements or privacy policies in, offered, made or asserted in such sites. The mere inclusion of such links within this Site does not constitute any endorsement of the material on such Sites or any association with their operators. Samsonite and Frucon reserve the right to de-link from any and all third party sites at any time. No use of Samsonite, Samsonite or any other materials on this Site may be made in connection with such link without Samsonite and Frucon's approval, and Samsonite or Frucon reserve the right to bar such link at any time.
In the event you provide to Samsonite or Frucon or post any material, information, suggestions or comments on or through the Site about the Site, the way in which Samsonite or Frucon conducts its business, or the operation of the Site, Samsonite reserves the right to use such material, information, suggestions or comments in its discretion, with no compensation or credit to you. You hereby grant to Samsonite and Frucon a nonexclusive, perpetual, worldwide, royalty free license to utilize and publish such information and material, in whole or in part. However, use by Samsonite or Frucon of information by which you may be identified (such as your name, address, social security number and telephone number), will be governed by the Site's Privacy Policy, discussed below.
If you have any questions about this Site, or if you have technical problems in accessing information on our Site, please contact: customerservice@frucon.net.
This Agreement is governed by the laws of Brussels, Belgium and the Belgian courts shall have non-exclusive jurisdiction. All parties agree to accept electronic evidence (e.g. e-mails, back-ups,...) as binding evidence in case of disputes. No waiver by us of any breach of the Agreement by you is considered as a waiver of any subsequent breach of the same or any other provision of the Agreement.
This Agreement contains the entire agreement between you, Samsonite and Frucon with respect to this Site. It supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user, Frucon and Samsonite with respect to this Site.