Terms of purchase

The purchase of products including travel items and luxury suitcases (the “Products”) through the Charles Simon Inc. website (“Charles Simon” or “we”) at www.charles-simon.com (the “Site”) is governed by the terms and conditions appearing below. These terms and conditions constitute a contract of sale (the “Contract”) between Charles Simon and you (hereinafter “you” or the “Customer”) as soon as you complete an order for Product(s) through the Site and you make payment of the sale price in accordance with the terms of Article 4 of the Contract.

Our Products

Charles Simon luxury travel items and suitcases are exclusively manufactured by Charles Simon and distributed by Charles Simon and its retail partners. We guarantee the authenticity of each of our Products. 

Product Description

The descriptions and illustrations of the Products offered or advertised on the Site are given for information purposes only. They may vary slightly from the Products actually offered, in particular as regards what is indicated below. Consequently, you accept that such variations may occur and acknowledge that Charles Simon cannot be held responsible for such variations.

Colours. The colours of the materials presented on the Site are calibrated according to established standards. Depending on the calibration of your screen, the colours may vary slightly.

Leather. The colours of leather displayed on the Site may vary slightly from the colours of the leather skins produced by the tannery. Indeed, the artisanal process of tanning the hides can generate very slight variations in color from one hide to another.

Alcantara®. The colours of the Alcantara® fabrics presented on the Site may differ slightly from one batch to another.

Wood. Each tree is unique. The grain of the wood and the colour of each piece vary from one to another. The wood is like a tree's fingerprint. We select each piece of wood we use with the utmost care. All the wood used to make a suitcase always comes from the same tree.

Warranty

Charles Simon offers a ten-year conventional warranty on our luggage collection (Bonaventure, Rupert, Mackenzie, Mackenzie Watch Case) and a two-year warranty on all other Products purchased 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.

Sale

The sale of a product that you wish to order through the Site will take effect only when you have completed the ordering process (as explained below) and you have paid the sale price in accordance with the terms of Article 4 of the Contract.

Selling price

The sale price of a product is that indicated opposite this product on the Site at the time when your order is placed with Charles Simon under Article 11 of the Contract. Unless otherwise stated, prices do not include applicable sales taxes and shipping charges.

Shipping and customs fees

Unless explicitly stated otherwise, prices shown do not include delivery charges.

For any delivery outside Canada, any customs fees and local taxes will be the responsibility of the recipient in addition to the price posted on the Site. Please consult your local customs agency for more information.

Delivery charges vary according to the options chosen and are calculated and displayed before you finalize your order on the Site. Delivery charges are also specified in the order confirmation email. For each order, you will receive a shipping notification email containing the name of the carrier and tracking information if available.

Methods of payment

The payment of your purchase is made by credit card via the secure online payment system Shopify Payments. You agree to pay the full cost and expenses associated with the products purchased, including taxes, shipping, handling and handling, if applicable.

You are solely responsible for the actual payment of the product purchased. In the event that your payment cannot be validated or processed, your order will not be delivered and Charles Simon will have no obligation to process your order.

Charles Simon is not responsible for payment problems related to the operation of the secure online payment system.

If you prefer to purchase the Product by phone or mail, please contact Customer Service.

How to order a Product

To order a Product, you must place the Product in your virtual shopping cart and proceed to the virtual checkout. During your first purchase on the Charles Simon website, you will be invited to create your user account. You will then be asked to provide certain information in an information entry screen and to create a password to create your account. You are solely responsible for creating your account and / or your password and maintaining their confidentiality. You are also responsible for all activities that occur under your account and password. Once your account is created, or if you already have an account, you will be asked to provide certain information in an information entry screen such as the delivery address, choose the type of delivery desired and pay the selling price of the Product, applicable taxes and delivery charges if any. To make the payment, you will have to choose the method of payment and provide the requested information (payment informations).

In order to place your order definitively you will have to press the "pay now" icon. PRESSING WITH YOUR CURSOR ON THIS ICON COMPLETES THE ORDERING PROCESS AND INDICATES THAT YOU AGREE TO PURCHASE THE PRODUCTS INDICATED IN THIS ORDER AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THE CONTRACT AND THOSE OF THE TERMS OF PURCHASE AND TERMS OF USE CONDITIONS".

Order accuracy and billing

You are responsible for ensuring the accuracy of the description of the Products ordered (model, colour, customization options), the price and all billing details and, if applicable, correct any errors or inaccuracies. If any errors or inaccuracies cannot be corrected, you must promptly notify Customer Service by e-mail.

Once the order has been definitively completed, you will receive by e-mail a confirmation of your order accompanied by the invoice already paid and the Contract in digital format. You must print a copy of this email to ensure that you have the information mentioned in the purchase confirmation message and to double-check the terms and conditions of the Agreement that apply to you.

You have thirty

(30) days from receipt of your invoice to have it corrected by Charles Simon as long as you can prove that your invoice contains errors or inaccuracies. After this time, the information on your invoice will be deemed accurate.

Customer declarations

By completing an order, you represent to Charles Simon that you are of legal age to contract. It is strictly forbidden for children under the age of sixteen (16) to purchase Products through the Site.

By completing an order, you represent to Charles Simon that you are making your purchase of Products through the Site solely for personal consumption and not for resale, distribution or commercialization of these Products to third parties. In addition, you declare that the personal information transmitted to Charles Simon for billing purposes in order to complete the purchase is accurate. You also represent and warrant that you are the valid holder of the credit card with which you pay the sale price and applicable taxes for the Products purchased.

Confirmation of your order

You will receive a confirmation email a few minutes after placing your order. If it does not appear in your inbox, check your junk mail. A member of our Customer Service team will contact you by email 48 hours maximum after you have made a purchase to confirm your order.

The receipt by email of your order confirmation does not automatically mean that Charles Simon accepts it and is not a confirmation of commitment to sell the Products covered by your order. Charles Simon reserves the right, in its sole discretion, to cancel or refuse any order for any reason whatsoever, such as: the unavailability of a product at the time of processing the order; certain inaccuracies or errors in the price or Product information; problems in processing your payment; the impossibility of delivering the Product to the delivery address indicated.

Charles Simon may also require verification or additional information before accepting any order.

Personalization, Customization and Special Orders

The delivery time may vary depending on the complexity of the product purchased, the degree of personalization chosen and the volume of orders we receive. Unique and handmade specifically for each customer, each personalized product or special order requires a manufacturing time which can be variable to be impeccably perfect.

You may contact us at any time at Customer Service to find out the progress of the manufacturing of your Product.

Delivery

Products are shipped according to the option chosen when you placed your order and as confirmed on your invoice. Charles Simon is not responsible for delays or clerical errors in the delivery address that are attributable to you or any other delay caused for reasons of force majeure.

Any damage to the Products delivered must be reported within 72 hours of receipt of said Product. To do so, please contact Customer Service. After 72 hours, the Product will be deemed to have been sent and received in perfect condition.

If you return a defective or damaged Product to Charles Simon and the original packaging is not in good condition, suggesting that the defect or damage to the Product was caused upon delivery, Charles Simon reserves the right to return the Product to you and retain the sale price.

Order Cancellation 

Charles Simon reserves the right to refuse or charge up to 25% of the sales price before taxes to accept an order cancellation for made to order items, special orders and bespoke products.

Return a Product

Subject to Section 9 of these Terms and Conditions of Sale and to the cases permitted under the Consumer Protection Act (Quebec) (chapter P-40.1), where applicable, for any sale of a Product on the Site we have a 14-day return policy, which means that you have 14 days after receiving your item to request a return.

To be eligible for a return, your item must be in the same condition that you received it, unused, with tags, and in its original packaging. You’ll also need the receipt or proof of purchase.

To start a return, you can contact us at info@charles-simon.com. If your return is accepted, we’ll send you instructions on how and where to send your package. Items sent back to us without first requesting a return will not be accepted.

You can always contact us for any return question at info@charles-simon.com.

Limited edition items
All limited edition items are final sale and are not eligible for returns or exchanges. These items will be labeled as ‘Limited Edition’.

Restocking fee
Charles Simon reserves the right to refuse or charge up to 25% of the sales price before taxes to accept a return.

Damages and issues
Please inspect your order upon reception and contact us immediately if the item is defective, damaged or if you receive the wrong item, so that we can evaluate the issue and make it right. Any damage to the Products delivered must be reported within 72 hours of receipt of said Product. To do so, please contact Customer Service. After 72 hours, the Product will be deemed to have been sent and received in perfect condition.

If you return a defective or damaged Product to Charles Simon and the original packaging is not in good condition, suggesting that the defect or damage to the Product was caused upon delivery, Charles Simon reserves the right to return the Product to you and retain the sale price.

Exceptions / non-returnable items
In certain cases certain types of items, such as personalized products or special orders are not returnable. Please do not hesitate to contact us if you have any questions or concerns regarding your item.
Unfortunately, we cannot accept returns of sale items or gift cards.

Exchanges
The fastest way to ensure you get what you want is to return the item you have, and once the return is accepted, make a separate purchase for the new item.

Refunds
We will notify you once we’ve received and inspected your return, and let you know if the refund was approved or not. If approved, you’ll be automatically refunded on your original payment method. Please remember it can take some time for your bank or credit card company to process and post the refund too.

Return shipping costs
Return shipping costs will be paid by Charles Simon for all cases where the product is incorrect or the product defects in materials or workmanship. For other cases (e.g. you changed your mind, you want an exchange), you will be responsible for this cost.

Jurisdiction and applicable laws

These Terms of Sale shall be governed by and construed in accordance with the laws of Quebec 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 acknowledge 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 of Sale, elect domicile therein and waive any objection based on lack of territorial jurisdiction or any claim based on the notion of a forum non conveniens.

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.

Modification

Charles Simon may change these Terms of Sale without notice. However, the terms and conditions applicable to a particular purchase remain those set forth in the Agreement, which are the terms and conditions applicable to the sale of products in effect on the Site at the time your order is placed with Charles Simon pursuant to Article 11 of the Agreement.

Except as inconsistent or otherwise provided in the Agreement, the provisions of the Terms of Use and Privacy Policy shall apply to you as if recited in full in the Agreement. You declare that you have read them and agree to be bound by them. However, the terms and conditions set out below shall prevail over the Other Provisions.

La version française des Conditions de vente est disponible ici.

These Terms of Sale are also available in languages other than French. The most up-to-date French version of the Terms of Sale shall prevail in the event of inconsistencies or contradictions between these Terms of Sale in other languages and the French version.