1. General
These general terms and conditions of sale apply to all orders placed on the “Europe” section of the www.Esperancelifestyle.com (“Esperancelifestyle.com”), or by email or telephone. Esperancelifestyle.com is operated by:
Registered Address:
Esperance Lifestyle S.A
Switzerland:
Bel Esperance, Route des Mayens 44, Batterie des Mayens 106, CH-1948 Sarreyer, Switzerland
Email: info@esperancelifestyle.com
Commercial registry number: CH-621.3.009.277-0
VAT numbers:
ESPERANCE LIFESTYLE S.A Switzerland CHE-415.213.179
This document (together with the documents it refers to) describes the terms and conditions for placing orders and on which we supply any items (the “Items”) listed on Esperancelifestyle.com to you. Please read the following terms and conditions carefully.
2. How to place an order
Once you have selected one of our Items in the store section of Esperancelifestyle.com, you have to select the size, color and enter the quantity that you wish to order. The selected Item(s) can then be transferred to your shopping cart by clicking on the “add to my cart” button. You can either add more Items to you cart or proceed to the checkout by clicking on the “checkout” button located at the upper right corner of the page. You must then enter your shipping address and contact information as well as the shipping method of your choice. At this stage you can still remove or edit any Items stored in your shopping cart. If different from the shipping address you can enter your billing address by unticking the “Use for my Billing Address” button. At this stage you can still remove or edit any Items stored in your shopping cart. The next page allows you to enter your payment information and check the order total. On this same page you can still edit your shipping and/or billing address, change the shipping method, or remove or edit the Items in your shopping cart. Your order will be submitted at the time you press the “Place Order” button.
If you are an Italian end customer and you require an official tax invoice, please ensure that you enter the Codice Fiscale in the billing field before finalizing the order. Esperancelifestyle will not be able to provide you with an official tax invoice after the order is completed.
After placing an order, you will receive an email from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to purchase the Items that you have selected on the basis of these terms and conditions. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an email that confirms that the Items have been dispatched (the “Order Shipping Confirmation”). The contract between you and us will only be formed when we send you the Order Shipping Confirmation (the “Contract”).
The Contract will only relate to those Items whose dispatch we have confirmed in the Order Shipping Confirmation. We will not be obliged to supply any other Items which may have been part of your order until the dispatch of such Items has been confirmed in a separate Order Shipping Confirmation.
Your order will be fulfilled by the delivery date set out in the Order Shipping Confirmation, or if no date is specified, then within 30 days of the date of the Order Shipping Confirmation, unless there are exceptional circumstances.
We do sell products for children, but do not allow children to directly purchase products, themselves, from Esperancelifestyle.com. We only sell products to adults, ages 18 years and older. All service and product orders are subject to our acceptance. Accordingly, we reserve the right to refuse service for transactions on Esperancelifestyle.com, terminate accounts, remove or edit content, or cancel orders in its sole discretion, including, without limitation, if we believe that user conduct violates applicable law or is harmful to the interests of Esperancelifestyle or its affiliates.
3. Price
The product prices are as displayed on the Website, except in cases of obvious error. The pricing currency is determined as follows:
Euro: ALL
The product prices displayed on the Website are inclusive of Value-Added Tax (VAT). The VAT rate will vary according to country. All prices are exclusive of shipping rates. Shipping and handling rates are applied per order. The exact shipping & handling rates depend on the country where your order is being delivered to.
We reserve the right to modify prices on Esperancelifestyle.com at any time without notice. Changes will not affect orders in respect of which we have already sent an Order Shipping Confirmation.
Esperancelifestyle.com contains a number of Items and it is always possible, despite our best efforts, that some of the Items listed on Esperancelifestyle.com will be incorrectly priced. We will normally verify prices as part of our dispatch procedure so that, where the correct price of the Items is less than our stated price, we will charge the lower amount when dispatching the Items to you. If the correct price of the Items is higher than the price stated on Esperancelifestyle.com, we will normally, at our discretion, either contact you for instructions before dispatching the Items, or reject the order and notify you of such rejection.
We are under no obligation to provide the Items to you at the incorrect (lower) price, even after we have sent you an Order Shipping Confirmation, if the pricing error is obvious and unmistakable and could have been reasonably been recognized by you as mispricing.
4. Payments, payment security and transfer of title
Payment
Payment can be made by the payment methods as are indicated in the order process on Esperancelifestyle.com. You will pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with Esperancelifestyle at the prices in effect when such charges are incurred. You will pay any applicable taxes, if any, relating to any such purchases, transactions or other monetary transaction interactions.
Security
Your payment information is encrypted and will only be transmitted in a protected form over the internet. The payment is processed via the secured payment service of our partner vendors which conforms to required security standards.
Reservation of ownership
Ownership of the Items will only pass to you when we have received full payment of all sums due in respect of the Items, including delivery charges. All purchased Items are transported and delivered to you by an independent carrier not affiliated with, or controlled by us. The risk of ownership of Items is transferred to you on delivery.
5. Returns, cancelations and repairs
Returning an item
At Esperance we highly recommend following the size guide provided for each item and choosing your garment carefully (size and colour). Should you still wish to return an item, we accept returns on the following conditions :
Each item must have all its labels intact and be in its original wrapping and packaging
Each item must have no marks, flaws, stains, tears or other damage and must not have been worn or washed
There is a 30 day return policy after which refunds will not be granted
Refunds are only granted if all of the above-mentioned conditions are met
Shipping costs are borne by the customer
Address for returns is : Esperance Lifestyle SA, c/o Cargocare AG. , Spinnergasse 1 , AT-6850 Dornbin, Austria
To return an Item you bought, fill out the return slip (on your packing list included in your order). Fill out the style number(s) of the items you wish to return and select a reason for the return.
Send the unwanted Item(s) back to us together with the return slip.
If you no longer have the return slip, please contact Esperancelifestyle Customer Service at info@esperancelifestyle.com or by phone. We will issue a return form that you can use to send back the unwanted Item(s).
When you placed your order at Esperancelifestyle.com you received an email from info@esperancelifestyle.com with return instructions and a return label. Use this label to return the Item(s). The return label allows you to track and trace your parcel.
Print the return label and attach it to your parcel. Please make sure that it is clearly visible on the parcel and that the address and barcodes are not covered or amended.
Non-EU countries only: remember to bring your invoice to declare the value of the Item(s) you are returning. Esperance Lifestyle S.A. is not responsible for incorrect mailing or excess fees.
Exchanging an Item
To exchange an Item, return the unwanted Item and place a new order on esperancelifestyle.com. If it is an exchange of colour or size we will ship the new order out for free.
Receiving your refund
We will process your return as quickly as possible. After receipt of your returned Item(s), we will refund the purchase price excluding the original standard shipping costs for your delivery. The time for processing your refund is two (2) weeks (14 calendar days) upon receipt. Your refund will be processed credit your credit card account.
Customer service
If you need help or have any questions, please email Esperancelifestyle Customer Service at info@Esperancelifestyle.com.
Quality returns
Returning a quality return
If an Item does not perform to your satisfaction, you can bring or send it back to us. To make a quality return, please return the Item to the store you bought it from The store will advise you and take care of the return. If this is not possible, please follow the procedure below:
Contact our Customer Service by email (info@Esperancelifestyle.com) or by phone.
Provide us with all the details of the return, such as:
pictures of the product;
pictures of the label (both sides);
your receipt (if you still have it);
your address and phone number.
Or if it is an online purchase, please send it back to us, we will then take charge of repairing, or replacing the item with no cost as well as refund your shipment for the return.
Important
Without an RMA-number your quality return cannot be processed.
The Item(s) sent in for repair must be clean; please wash Item(s) before mailing.
The turnaround time for quality returns – with shipping – is three (3) weeks.
Repairs
Returning a repair
To have your gear repaired, please follow the procedure below:
Contact our Customer Service by email (info@esperancelifestyle.com) or by phone.
Provide us with all the details of the repair, such as:
pictures of the product;
pictures of the label (both sides);
your receipt (if you still have it);
your address and phone number.
We will generate a Esperancelifestyle repair label and an RMA-number.
You will receive the Esperancelifestyle repair label by email. You have to use this label to send us the Item(s).
We will also provide you with a repair form. When shipping your gear for repair, please include the repair form in the box.
If we cannot repair your item
The Item(s) will be evaluated and if there is to be a charge, you will be contacted. If the Item is deemed irreparable, we may, at our discretion, replace it or send a credit note for the purchase amount, provided damage to the Item is not due to improper use of the Item(s) by you. The irreparable Item will be recycled. If the garment has sentimental value, and you would like to have it returned to you rather than being issued a credit or replacement, please make this very clear to us when you are in contact with us for the repair label.
Important
Without an RMA-number your repair cannot be processed for repair.
The Item(s) sent in for repair must be clean; please wash them before mailing.
The average turnaround time for Repairs – with shipping – is about four (4) weeks, but may be longer during periods of high volume.
The Item(s) will be returned to you from our repair center.
Recycling
No longer wearing that piece of Esperancelifestyle clothing? We always believe in the philosophy of reducing, reusing and recycling. For environmental purposes, we advise that you try to recycle your garments locally. Feel free to reach out to our customer service team @ info@esperancelifestyle.com.com for tips and advice on recycling your Esperancelifestyle garments.
6. Guarantee and Liability
We guarantee everything we make. If you are not satisfied with one of our products at the time you receive it, or if one of our products does not perform to your satisfaction, return it to us for a repair, replacement or refund. Damage due to wear and tear will be repaired at a reasonable charge
Our liability in connection with any Items purchased through Esperancelifestyle.com is strictly limited to the purchase price of those Items. This does not include or limit in any way our liability for: death or personal injury caused by our negligence; for fraud or fraudulent misrepresentation; or for any matter which it would be illegal for us to exclude, or attempt to exclude our liability.
We accept no liability for any loss of income, revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data or for any indirect or consequential loss or damage of any kind however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
7. Colors
Esperance Lifestyle has made every effort to display as accurately as possible the colors of the products that appear on Esperancelifestyle.com. As the actual colors you see depend on your computer monitor or mobile device, however, we cannot guarantee and do not warrant that your monitor’s or device’s display of any color will be accurate.
8. Written Communications
Applicable laws require that some of the information or communications we send to you should be in writing. When using Esperancelifestyle.com, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
9. Notices
All notices given by you to us must be given to info@Esperancelifestyle.com. We may give notice to you at either the email or postal address you provide to us when placing an order, or in any of the ways specified in the above paragraph. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an email is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that such email was sent to the specified email address of the addressee.
10. Transfer of Rights and Obligations
These terms and conditions are binding on you and us and on our respective successors and assigns. You may not transfer, assign, charge or otherwise dispose of a Contract or any of your rights or obligations arising under it, without our prior written consent. We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
11. Password
Registration as a user for access to certain areas on Esperancelifestyle.com or in connection with recurring visits or purchasing may require both a user name and a password or adherence to other particular access requirements as designated by us. Only one user can use one user name and password and, thus, one account. By limiting access, it helps avoid unauthorized usage by other persons, institutions, or entities because anyone with knowledge of both your user name and password can gain entry to the restricted portions of Esperancelifestyle.com and to your account.
Accordingly, by using Esperancelifestyle.com, you agree to consider your user name and password as confidential information and to keep your user name and password confidential. You will immediately notify us if you become aware of any loss or theft of your password or any unauthorized use of your user name and password. We will not be liable for any loss or damage arising from your failure to comply with these obligations. We reserve the right to delete or change a user name or password at any time and for any reason. Notwithstanding the foregoing, nothing herein shall convey to you any further rights in your account or its information and any and all such content or information shall be subject to these terms and conditions.
12. Events Outside Our Control
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these terms and conditions that are caused by events outside our reasonable control (“Force Majeure Event”).
A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following: strikes, lock-outs or other industrial action, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport, impossibility of the use of public or private telecommunications networks, and the acts, decrees, legislation, regulations or restrictions of any government.
Our performance of our obligations under these terms and conditions is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
13. Waiver
If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under these terms and conditions, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations. A waiver by us of any default shall not constitute a waiver of any subsequent default. No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with the methods specified above.
14. Severability
If any of these terms and conditions or any provisions of these terms and conditions are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
15. Entire Agreement
These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the supply of Items from Esperancelifestyle.com and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
We each acknowledge that in agreeing to be bound by these terms and conditions, neither of us has relied on any representation, undertaking or promise given by the other or from anything said or written in negotiations between us prior to such agreement except as expressly stated in these terms and conditions.
Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any order (unless such untrue statement was made fraudulently) and the other party’s only remedy shall be for breach of contract as provided in these terms and conditions.
16. Terms of Use and Terms and Conditions of Sale
In the event of a sale, the Terms and Conditions of Sale shall prevail. In case of conflict between the Terms of Use and the Terms and Conditions of Sale, the Terms and Conditions of Sale shall prevail.
17. Applicable Law and Language
Contracts for the purchase of Items through Esperancelifestyle.com are governed by Dutch law. Any dispute arising from, or related to such Contracts will be subject to the non-exclusive jurisdiction of the Swiss courts.
You have one month from the date Esperancelifestyle informs you of the applicability of the preceding paragraph to inform Esperancelifestyle in writing that in lieu of Swiss courts, you elect to have legal proceedings before the competent courts in the place where you officially reside.
The language of this Contract is English.