General Terms And Conditions Of Access And Use

Preamble

Welcome to the “SERGE LUTENS Site” https://sergelutens.com/. The company INSIGN, a société par actions simplifiée with a share capital of 7,666,288.81 euros, registered with the Company Registry of Lyon under number 524 347 945 and with headquarters located at 7 rue de la République 69001 Lyon, acting on behalf of LES SALONS DU PALAIS ROYAL SHISEIDO (“the Vendor”, “we” or “our”) agrees to provide you (“you” or “the User”) with the services that are available on the Site, subject to your compliance with these General Terms and Conditions of Access and Use (the “General Terms of Use”). By accessing or using the Site, you acknowledge having read and understood and agree to be bound by these General Terms of Use, without limitations or reservations. We may from time to time modify the Site and these General Terms of Use. We therefore recommend that you access and read the General Terms of Use regularly in order to ensure that you are acquainted with the latest version.

The Vendor may stop providing access to all or part of the Site at its sole discretion, at any point in time, with or without prior notification. Should the Vendor be compelled by a court ruling or by law to immediately bar access to the Site, the Vendor may not be able to give any notice prior to doing so.

Legal information

The Site is published by INSIGN, a société par actions simplifiée with a share capital of 7,666,288.81 euros, registered with the Company Registry of Lyon under number 524 347 945 and with headquarters located at 7 rue de la République 69001 Lyon, acting on behalf of LES SALONS DU PALAIS ROYAL SHISEIDO (a société anonyme with a share capital of 5,454,975 euros, registered with the Companies Registry of Paris under number 383 926 987 and with headquarters located in 25 rue de Valois 75001 Paris, “LSPRS”).

The publishing manager is Lionel CUNY, President.

The Site is hosted by INSIGN, with registered address located at 21 rue du Faubourg Saint Antoine 75011 Paris and phone number 09 77 55 95 91.

Personal data

Please read our Privacy Policy, which forms an integral part of these General Terms of Use and describes the way in which we process your personal data.

Description of the Site

The Vendor provides the following facilities to the Users, enabling them primarily:
- To subscribe to the newsletter;
- To purchase SERGE LUTENS products;
- To access SERGE LUTENS content;

Terms of access to the Site and acceptance of the General Terms of Use

The Site is only available in French and English. A translation of the content of the Site is available in Italian.

In order to benefit from the services offered on this Site and from the contracts on this Site that are governed by French law, you must: (a) be at least 16 years old (18 years old for Italy), (b) have accepted these General Terms of Use.

Users may access the various services provided on the Site as follows:

1) To subscribe to the newsletter, Users should take the following steps:
- Fill in an electronic registration form.
- Confirm that they have read the Privacy Policy.
- Check that the data they provided is correct and rectify any errors before finally confirming their subscription by clicking on “SEND”.
- An e-mail shall be sent to the Users asking them to confirm their subscription to the newsletter.

2) To register on the Site, Users should take the following steps:
- Fill in an electronic registration form.
- Confirm that they have read and accept these General Terms of Use.
- Confirm that they have read the Privacy Policy.
- Check that the data they provided is correct and rectify any errors before finally confirming their registration by clicking on “CREATE AN ACCOUNT”.
- An e-mail shall be sent to the Users asking them to confirm their registration.

3) To place orders for products, Users should comply with the terms of the General Terms of Sale and must have expressly accepted these General Terms of Use.

Any modification of these General Terms of Use shall be brought to your attention by being displayed on the Site, or by way of a notification with a reasonable notice. If you do not accept the new General Terms of Use, you should request the cancellation of your user account and stop using the Site. Failing this, you shall be deemed to have accepted the new General Terms of Use upon expiry of the abovementioned period of notice.

Content featuring on the Site

The content featuring on this Site and provided by the Vendor, including any artwork, graphical representations, photographs, images, screen dumps, texts, music, video clips, trademarks, logos, product names and names of personalities, slogans and any combination of these elements (the “Serge Lutens Content”) belongs to LSPRS and is protected worldwide by trademark and copyright law and other intellectual property laws.

You are therefore not authorised to copy, reproduce, show or sell all or part of the Site and/or the Serge Lutens Content in any way whatsoever, nor to create works derived wholly or partially from the Site and/or the Serge Lutens Content.

Any unauthorised use of the Serge Lutens Content shall constitute an infringement of intellectual property rights and might give rise to civil action or criminal prosecution.

You agree not to download, display or use any Serge Lutens Content featuring on the Site in order to use it in any publication, public performance, on other web sites than this Site, for any commercial purpose, in connection with goods or services that are not those of the Vendor, in any way that might give rise to confusion in the minds of consumers, that harms or discredits the Vendor and/or LSPRS, that detracts from the rights of the Vendor and/or LSPRS, or that infringes its intellectual property rights in any other way. You moreover hereby undertake to refrain from misappropriating and misusing any Serge Lutens Content featuring on this Site by any other means.

Use of the Site

When you use the Site, you undertake:
- Not to use the electronic communication facilities provided on the Site for illicit, criminal, wrongful purposes, or in ways that infringe the privacy of third parties, that constitute harassment or defamation, or that are obscene, threatening or hateful;
- Not to download, post, reproduce or distribute information, software or other elements protected by copyright or by any other intellectual property right (as well as any personality right and right to privacy) without having first secured permission from the holders of these rights;
- Not to gather or store any personal data concerning other Users;
- Not to use the Site for any commercial purposes. You therefore undertake for instance not to download, post, send by e-mail or otherwise transmit any advertising or promotional content, such as any unsolicited e-mail, surveys, spam, chain e-mails, pyramid sales schemes or any other form of unauthorised solicitation or communication;
- Not to download, post, send by e-mail or otherwise transmit any element containing computer viruses or other computer codes, files or programs that might interrupt, limit or interfere with the operation of any computer hardware or software, any telecommunication equipment or the Site itself;
- Not to “reverse engineer”, decompile and modify the applications or the computer codes linked to the Site.

Any person who violates the foregoing undertakings may be banned from accessing the Site.

Liability - Warranties

The Users shall be responsible for the creation, the storage and the use of their identifier, verification e-mail and password, which shall be strictly personal and therefore cannot be shared with third parties. The Users must preserve the confidentiality and secrecy of this data. Any use of the Site under a User’s identifier and password shall be deemed to have been made by the User themselves. Users who suspect that their identifiers and password are being misused by a third party must immediately notify this to the Vendor by writing to the following address: contact@sergelutens.com.

This Site us hereby provided “as is”. The Vendor does not guarantee the long-term viability or the performances of the services that are accessible on the Site, nor that these services are free of bugs or other flaws, given that the existence of programming errors or the occurrence of technical incidents cannot be ruled out.

To the maximum extent permitted by the law, the Vendor hereby disclaims liability for any inconvenience or damage inherent to the use of the Internet network, such as breakdowns of the service, external intrusions or the presence of computer viruses, or the impossibility to access the Site owing to maintenance operations, technical breakdowns, force majeure or any circumstance beyond its control.

To the maximum extent permitted by the law, the Vendor hereby disclaims liability for insignificant errors that might affect the elements presented on the Site, such as the information about and descriptions of the products.

Each User shall be responsible for their computer equipment, their data and software applications, as well as their connection to the network enabling them to access the Site. The Vendor hereby disclaims liability for the configuration, the performances or the compatibility of the User’s equipment with the Site.

Unlawful content

The Vendor acts as a host of third party content on the Site as per the meaning of this term in France’s law no. 2004-575 of 21 June 2004 for promoting trust in the digital economy. In this capacity, the Vendor does not provide any guarantee of this content. Therefore, the Vendor’s liability may only be invoked in connection with third party content featuring on the Site if (i) being aware of the presence of illicit content, (ii) the Vendor fails to promptly remove it.

Any unlawful content or content that the Vendor believes is unlawful (“Unlawful Content”) that is brought to its attention shall be immediately removed from the Site. The term Unlawful Content shall specifically comprise Infringing Content, as defined below, and content constituting an apologia for crimes against humanity, inciting acts of terrorism and constituting an apologia for same, content that incites racial hatred, hatred against persons on account of their gender, their sexual orientation or sexual identity, or their handicaps, as well as content featuring child pornography, content that incites violence, such as violence against women, and content that runs counter to human dignity (“Offensive Content”). Any Offensive Content shall also be notified to the appropriate authorities.

Reporting Infringing Content, Offensive Content or any other Unlawful Content

Reporting Offensive Content

In case you come across any Offensive Content on the Site, we would be grateful if you would immediately report this to us by contacting on contact@sergelutens.com.

Reporting Infringing Content or other Unlawful Content

If you hold the trademark rights or copyright over a drawing or model and you consider that any content published on the Site infringes your intellectual property rights (“Infringing Content”), or if you have witnessed the presence of Unlawful Content on the Site, you may request its removal by contacting the Vendor on contact@sergelutens.com. In your notification, should be mentioned the following information:

- The date of the notification;
- If you are a natural person, your first name, family name, profession, domicile, nationality and birthplace, and if you represent a legal person, its form of incorporation, its name, its registered address and the body that legally represents it;
- A description of the content that you believe infringes your rights or is unlawful, as well as the reasons why you believe it should be removed, with enough details to enable us to locate it on the Site;
- The reasons why the content should be removed, including a statement of the applicable legal provisions and evidence for the facts that are alleged;
- A copy of the correspondence sent to the author or to the publisher of the Infringing Content requesting its removal or, failing that, evidence that the author or the publisher could not be contacted.

Upon receipt of your notification, the Vendor will assess it and determine whether the content should be removed from the Site. In case of absence of any of the abovementioned information in your notification, we might not be able to remove the notified content.

Third party web sites

The Site may contain links to third party web sites that are not operated by the Vendor nor linked to the Vendor. These hypertext links are provided for your information and convenience and are not sponsored by the Vendor or affiliated with the Site or with the Vendor. Subject to compliance with its obligations, such as in particular those arising from France’s law no. 2004-575 for promoting trust in the digital economy, the Vendor hereby disclaims liability concerning Users’ experience while using third party web sites that they accessed to via the Site. Once Users are re-routed to a third party web site, these General Terms of Use shall cease to apply; only the terms of use of the web site that they access shall apply.

If you disclose your personal data to a third party web site, the processing of this data shall take place under the responsibility of this third party web site, in accordance with its Privacy Policy. The Vendor does not monitor the terms under which your data is collected, used or handled by these third party web sites.

Termination

The VENDOR may terminate the account of a User on the Site at any point in time and without notice or any prior summons in the event of a violation of the terms of these General Terms of Use. The User in question shall be informed about this by e-mail.

Each User may terminate their registration on the Site at any point in time, without notice, by writing to contact@sergelutens.com and requesting that their account be deleted.

Complaints – disputes

Should you have any complaint concerning your use of the Site, please contact us on contact@sergelutens.com.

Should it not be possible to resolve a dispute with the Vendor by such means, the Users may resort to mediation or to any other alternative mode of dispute settlement.

Applicable law

These General Terms of Use shall be governed by and interpreted in accordance with French law.

Any dispute which may arise related to their validity, interpretation, or execution and which has not been settled amicably by the parties shall be submitted to the Courts of Paris (France).

Miscellaneous

Neither Party shall be liable in case of non-performance or improper performance of its obligations, if such non-performance is due to the occurrence of force majeure as defined by the case law of the French courts. The fact that either one of the Parties do not request the application of a clause of these General Terms of Use, whether temporarily or permanently, this shall not in any way constitute a waiver of the rights granted to that Party by that clause.

If one or more of the provisions of these General Terms of Use be considered invalid or declared as such in application of a law or regulation, or pursuant to a final ruling handed down by a court or other authority with jurisdiction, the other provisions shall remain fully valid.