Conditions

Warranty

Charles Simon offers a conventional two-year warranty on all Products purchased on the Site from the date of delivery.  This warranty covers defects in materials or workmanship only.

Please note that the following items are not covered by this warranty:

  • normal wear and tear;
  • damage or breakage caused by scratches, dents of wood or leather caused in particular by all transport companies, including airlines, having transported the Product for delivery;
  • damage or breakage caused or resulting from repairs or modifications made by anyone other than Charles Simon;
  • stains on leather, Alcantara or wood;
  • damage or breakage to mechanisms caused by misuse;
  • damage or breakage to the latches caused or resulting from misuse of the mechanism, including, without limitation, whether the latch or its mechanism has been forced;
  • damage or breakage caused or resulting from force majeure;
  • damage or breakage caused by water, including but not limited to storage of the Product in wet conditions.

The warranty is only valid for the specified period and is subject to the specified conditions. This does not affect your legal rights as a consumer. Charles Simon’s maximum liability under this warranty is limited to the purchase price actually paid by the customer. The warranty cannot be assigned unless you notify Charles Simon prior to any assignment by contacting Customer Service by email of the identity of the person who is to benefit from the warranty (for example, if the Product is offered as a gift).

If you need a repair, or to claim this warranty, please contact Customer Service.

This guarantee does not cover any transport or delivery costs of the Product, which must be borne entirely by the Customer. In order to perform this warranty, Charles Simon may, at its option, repair the Product, exchange it or refund you.

Made to order

Depending on the degree of customization and the volume of orders we receive, the delivery time may vary. Unique and handmade specifically for each customer, each suitcase requires at least 5 months of work to be impeccably perfect.

Terms of use

Scope of application

These Terms and Conditions and any other policies or regulations of the Site (as defined below), including, but not limited to, the Privacy Policy and the Terms of Sale (collectively the “Terms”) constitute a legal agreement between you (“you” or the “User”) and Charles Simon Inc. “(“Charles Simon” or “we”) and govern the use of the www.charles-simon.com website (the “Site”).

PLEASE READ ALL TERMS AND CONDITIONS CAREFULLY BEFORE BROWSING OR MAKING ANY TRANSACTION ON THE SITE.

Acceptance of the Conditions

By accepting the Terms or using the Site, you agree to be bound, without limitation or qualification, by the terms and conditions of the Terms. Access to and use of the Site are subject to full and unreserved compliance with these Terms.

If you do not wish to be bound by these Terms or if you do not accept them in full, you must refrain from accessing or using the Site.

Copyrights

All content created, developed, distributed, communicated, generated or reproduced on the Site (including texts, codes, illustrations, images and videos) as well as its selection, composition and arrangement (the “Site Content”) belongs to Charles Simon or is licensed to third parties and may be protected by intellectual property laws, including the Copyright Act (R.S.C.). (1985), ch. C-42).

Where applicable, Charles Simon reserves all its rights with respect to the Site Content it owns. Consequently, you are prohibited from copying, reproducing, modifying, reformulating, republishing and, more generally, using the components of the Site Content, in whole or in part, without Charles Simon’s prior written consent.

Notwithstanding the foregoing, you may download, print and reproduce the Site Content for your personal use provided that you respect all copyright or other intellectual property notices relating to the Site Content and that you cite the source URL of the Site Content.

Trademarks

Certain names, words, titles, phrases, logos, designs, graphics, icons and trademarks displayed on the Sites may constitute registered or unregistered trademarks of Charles Simon or others. Although Charles Simon may license certain third party trademarks, the display of third party trademarks on the Sites does not imply any relationship or licence between Charles Simon and the owner of the trademark in question, or the approval or endorsement by Charles Simon of the merchandise, services or activities of the owner of the trademark in question.

Nothing contained on the Site shall be construed as granting you any licence or right to use any Charles Simon logo, design or trademark or any third party trademark without the written permission of Charles Simon or such third party trademark owner.

Your obligations

By using the Site, without limiting the scope of what is otherwise provided in the Terms, you agree to (i) comply with all applicable laws in your jurisdiction of residence, (ii) provide us with accurate information and keep it current, and (iii) use the Site in a reasonable and responsible manner.

In addition, you agree not to:

  • use the Site for illegal or unlawful purposes;
  • infringe the intellectual property rights of Charles Simon or others, including patents, trademarks, trade secrets, licences, copyrights or other proprietary rights;
  • monitor the availability, performance or functionality of the Site for competitive purposes;
  • use any software, hardware, manual or automated coding robots or other means to access, decompose, analyze or index the functionality of the Site or any related services, data or information;
  • transmit any code of a destructive nature that may damage, surreptitiously intercepts, expropriate or interfere adversely with any system, data or personal information;
  • bypass any security features of the Site;
  • use the Site for any purpose for which it is not intended.

You will find on the Site several hyperlinks to other websites that are not under the control or responsibility of Charles Simon. Charles Simon has no means to monitor these websites and is not responsible or liable for the availability, reliability or legality of such websites. Charles Simon does not endorse or approve the content of these websites and excludes all liability and guarantees with respect to them. The User who accesses third party websites does so entirely at his own risk.

Charles Simon reserves the right to insert advertising messages on the entire Website, messages that may give rise to links to other websites. Charles Simon does not at any time endorse, endorse, or are responsible for any ideas, opinions, products, services or more generally the content conveyed in advertising messages and on third-party websites to which they provide access.

Submission of ideas

You acknowledge that your comments, suggestions, ideas or proposals relating to the Site, its functionality or the commercial activities in which Charles Simon is engaged, which you submit to Charles Simon (the “Suggestions”), are not confidential, do not belong to you and may be disclosed, used, adapted or applied by Charles Simon without any obligation of remuneration or any other form of compensation.

Disclaimer of warranties

The Site and all content on the Site are provided “as is”. By using the Site, you acknowledge and agree that you do so entirely at your own risk. The Site may be abandoned or access may be interrupted at any time by Charles Simon or otherwise. Charles Simon makes no representation or warranty regarding the content, services or features offered on the Site, including, without limitation:

  • the accuracy, availability, completeness, reliability, negotiability or timeliness of the Site;
  • as to the operation or accessibility of the Site without interruption or error;
  • as to the correction of defects or errors in the Site;
  • the absence of viruses or harmful elements on the Site;
  • the secure or non-intercepted transmission of communications through the Site.

Limitation of liability

To the fullest extent permitted by applicable law, Charles Simon and his officers, directors, employees, agents and their respective successors and assigns, shall in no event be liable for any loss or damage of any kind or including, without limitation, any invasion of your privacy, loss of business or loss of profits regardless of cause, whether based on contract (including breach of essential obligation), these Terms, civil liability (including negligence) or otherwise, even if Charles Simon knew or ought to have known of the possibility of such damages. In addition, Charles Simon has no obligation to retain or store searches, preferences and shall not be liable for any loss or damage resulting from any loss of such data.

If you decide to visit or use any Web site linked to the Site, hardware, software, goods or services offered from any Web site linked to the Site, you do so entirely at your own risk.

This section may not apply to you, in whole or in part, because of any consumer rights law or other public policy law that may apply to you.

Indemnification

Charles Simon is not responsible for any actions you take or refrain from taking in connection with the Site (your “Acts”).

You agree that your Actions are your sole and exclusive responsibility and acknowledge that you have performed them with full knowledge of the facts. Charles Simon shall not be liable for any breach of the Terms that you have or may have committed. Accordingly, you will stand up for Charles Simon and its subsidiaries, parent company, officers, agents, representatives, directors, employees and business partners in the event that legal action is brought against it for a breach of the Terms that you have committed.

In any event, you agree to indemnify and hold harmless Charles Simon, its subsidiaries and affiliates, directors, officers, agents, representatives, employees and business partners from and against any and all losses, liabilities, claims, demands, damages, costs and expenses of any kind whatsoever, including reasonable attorneys’ fees, arising out of or in connection with your Actions and any violation of the Terms, any law or the rights of any third party.

Children under 16 years of age

If you are a child under the age of 16, you may browse our Site, but you may not make purchases or use a service that requires you to provide personal information. Our Site is not designed for children. We do not wish to collect personal information from children under the age of 16. This policy is designed to protect children.

If you are under 16 and want to make a purchase, please refer one of your parents to place the order for you.

Jurisdiction and applicable laws

The Terms shall be governed by and construed in accordance with the laws of Québec and the laws of Canada applicable therein, without regard to conflict of law principles.

This subsection does not apply to consumers in the province of Quebec, Canada, to whom the Consumer Protection Act (Quebec) (chapter P-40.1) applies instead. You irrevocably accept and attorn to the exclusive jurisdiction of the courts of federal and provincial jurisdiction, sitting in and for the judicial district of Montreal with respect to any dispute arising out of or related to the Terms, elect domicile therein and waive any objection based on lack of territorial jurisdiction or any claim based on the notion of a forum non-convenient.

The parties hereby expressly exclude the application of the United Nations Convention on Contracts for the International Sale of Goods, the Convention relating to a Uniform Law on the International Sale of Goods and the Convention relating to a Uniform Law on the Formation of Contracts for the International Sale of Goods.

Severability

Each provision of the Terms is individual and distinct and, should any of the Terms be held invalid, illegal or unenforceable, all other provisions of the Terms shall remain in full force and effect.

Renunciation

Charles Simon’s failure to insist upon the full performance of any obligation under these Terms or to exercise any right conferred upon him shall not be deemed a waiver of such obligation or right. Any waiver by Charles Simon of any right granted to him under these Terms shall be valid only if in writing and signed and shall be valid only with respect to the right and circumstances expressly contemplated by such waiver.

Amendment

The Site constitutes a dynamic and evolving environment subject to change. Charles Simon may revise the Terms at its sole discretion by updating this page or the pages containing the provisions of the Terms to be modified. It is your responsibility to review the Terms on a regular basis to be aware of any changes that may be made to them.

If you do not agree with one or more changes to the Terms, then you must discontinue all use of the Site. Your continued use of the Site after Charles Simon posts changes will constitute your acceptance of the changes to the Terms.

Communications and Customer Service

Notices required or permitted to be given under the Terms must be in writing and will be deemed validly given if sent by email or registered mail to the following addresses:

a. if the recipient is Charles Simon: at the coordinates indicated from time to time under Customer Service.
b. if the recipient is the user: to the email address provided to Charles Simon when purchasing a Product or otherwise. Any communication to the User may also be sent by post.

Notices and communications will be deemed to have been given and received on the day they are actually given or sent (or, if such day does not occur on a Business Day, on the next Business Day) unless they are given or received after 4:30 p.m., in which case they will be deemed to have been given and received on the next Business Day.
If you have any questions or comments regarding the Terms, please do not hesitate to contact our Customer Service.

Survival

Sections 21 (Submission of Ideas), 22 (Disclaimer of Warranties), 23 (Limitation of Liability), 24 (Indemnification), 25 (Jurisdiction and Applicable Laws), 27 (Severability), 28 (Waiver) and 31 (Survival) shall survive the termination or expiration of this Agreement.

La version française de la Terms et Conditions du Website est disponible ici.

These Terms of Use are also available in languages other than English. The most current French version of the Terms of Use shall prevail in the event of inconsistencies or contradictions between these Terms of Use in other languages and the French version.

If you have any questions or comments regarding this Policy, please do not hesitate to contact our Customer Service:

Customer Service – Charles Simon Inc.
745 Lusignan Street
Montreal, Quebec H3C 1Z1
E-mail: service@charles-simon.com.

Copyright © Charles Simon Inc. all rights reserved.


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