GENERAL TERMS AND CONDITIONS OF ACCESS AND USE

Preamble

Welcome to the “SERGE LUTENS Site” https://sergelutens.com/us. The company INSIGN US, LLC, a Limited Liability Company with registered office located in the State of Delaware, County of New Castle 1313 N Market Street, Suite 5100, Wilmington 19801, 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.

PLEASE BE ADVISED THAT THESE TERMS OF USE CONTAIN PROVISIONS THAT GOVERN HOW DISPUTES BETWEEN US ARE RESOLVED, WHICH INCLUDES A JURY TRIAL WAIVER AND A CLASS ACTION WAIVER. PLEASE READ THESE PROVISIONS BEFORE USING THE WEBSITE.

We may make changes to these General Terms of Use from time to time in our sole discretion, by updating these General Terms of Use on this Site, and specifying the effective date of the new version. The "Last Updated" date at the top of these General Terms of Use will indicate when the latest changes were made. Accordingly, whenever you visit this Site, you should check to see if a new version has been posted.

Legal information

The Site is published by INSIGN US, LLC, a Limited Liability Company with registered office located in the State of Delaware, County of New Castle 1313 N Market Street, Suite 5100, Wilmington 19801, 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 of INSIGN agency

The Site is hosted by Insign, with registered address located at 21 rue du Faubourg Saint Antoine, 75011 Paris and phone number +33(0)9 77 55 95 91 and by Peer1 SAS, with registered address located at 400 av Roumanille, 06410 BIOT France and phone number +33(0)8 05 21 02 80.

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 English.

This Site is intended for and directed to residents of the United States. This Site is not intended for anyone under the age of 16 years old

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 Disclaimer of Warranties/Limitation of Liability

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.

THE WEBSITE IS PRESENTED “AS IS.” WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THESE TERMS AND CONDITIONS OR THE WEBSITE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, EXCEPT TO THE EXTENT SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE. WE ARE NOT RESPONSIBLE FOR TIMELINESS, ACCURACY, UNAVAILABILITY OR INTERRUPTIONS IN AVAILABILITY, VIRUSES OR OTHER DEFECTS IN THE WEBSITE OR ITS CONTENTS. IN NO EVENT WILL WE BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) RELATED TO THE SITE REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY EXCEED ONE HUNDRED DOLLARS ($100.00). NOTWITHSTANDING THE FOREGOING, THESE DISCLAIMERS AND LIMITATIONS OF LIABILITY DO NOT EXCLUDE ANY PRODUCT LIABILITY CLAIMS, STATUTORY CONSUMER RIGHTS, DAMAGES ASSOCIATED WITH PERSONAL INJURY OR RESULTING FROM COMPANY INTENTIONAL MISCONDUCT, RECKLESSNESS, FRAUD, OR GROSS NEGLIGENCE. THE TERMS IN THIS SECTION ARE VALID ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.

NOTWITHSTANDING THE FOREGOING, THESE DISCLAIMERS AND LIMITATIONS OF LIABILITY DO NOT EXCLUDE ANY PRODUCT LIABILITY CLAIMS, STATUTORY CONSUMER RIGHTS, DAMAGES ASSOCIATED WITH PERSONAL INJURY OR RESULTING FROM COMPANY INTENTIONAL MISCONDUCT, RECKLESSNESS, FRAUD, OR GROSS NEGLIGENCE.

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.

The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. It is our policy, in appropriate circumstances and at our discretion, to disable and/or terminate the accounts of users who repeatedly infringe or are repeatedly charged with infringing the copyrights or other intellectual property rights of others. If you believe that your work has been copied and posted on the Website in a way that constitutes copyright infringement, please provide our copyright agent with the following information: an electronic or physical signature of the copyright owner or of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the Website; your address, telephone number, and e-mail address; a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf. Any notification by a copyright owner or a person authorized to act on such copyright owner’s behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon us actual knowledge of facts or circumstances from which infringing material or acts are evident. Our copyright agent for notice of claims of copyright infringement can be reached as follows:

Denis Morestin, contact@sergelutens.com, located at 21 rue du Faubourg Saint Antoine, 75011 Paris – FRANCE and phone number +33(0)6 09 14 86 63.

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, 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.

Electronic Communications

The information communicated on the Site constitutes an electronic communication. When you communicate with us through the Site or via other forms of electronic media, such as e-mail, you are communicating with us electronically. You agree that we may communicate electronically, subject to local privacy and anti-spam laws, and that such communications, as well as notices, disclosures, agreements, and other communications that we provide to you electronically, are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by the party sending the communication.

Mobile Features

We may offer features and services that are available to you via your mobile phone. These features and services may include, without limitation, the ability to browse the Site from your mobile device, upload content to the Site, receive messages from the Site, download applications to your mobile phone or access Site features (collectively, the "Mobile Features"). Standard messaging, data and other fees may be charged by your carrier when you use the Mobile Features. Your carrier may prohibit or restrict certain Mobile Features and certain Mobile Features may be incompatible with your carrier or mobile device. Contact your carrier with questions regarding these issues. As applicable, instructions on how to opt-out of certain Mobile Features will be disclosed in connection with those Mobile Features. The instructions will typically require you to text a keyword (e.g., "STOP," "CANCEL," "END," "UNSUBSCRIBE," "QUIT," etc.) to the applicable shortcode for the Mobile Feature.

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/Jurisdiction/Arbitration

In any circumstances where the Agreement to Arbitrate Disputes permits the parties to litigate in court, these Terms and Conditions shall be governed by the laws of New York, as if the Terms and Conditions were a contract wholly entered into and wholly performed within New York.

PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. IT CONTAINS PROCEDURES FOR MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.

WE BOTH AGREE TO ARBITRATE: You and INSIGN US agree to resolve any claims relating to these Terms and Conditions through final and binding arbitration, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights (for example, trademark, trade secret, copyright, or patent rights). Under such circumstances we may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Site, or intellectual property infringement (for example, trademark, trade secret, copyright, or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above.

WHAT IS ARBITRATION: Arbitration is more informal than a lawsuit in court and seeks to resolve disputes more quickly. Instead of a judge or a jury, the case will be decided by a neutral arbitrator who has the power to award the same damages and relief that a court can. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision shall be severed, and the remaining arbitration terms shall be enforced.

ARBITRATION PROCEDURES: The Federal Arbitration Act governs the interpretation and enforcement of this dispute resolution provision. Arbitration shall be initiated through JAMS. Any dispute, controversy, or claim arising out of or relating to these Terms shall be referred to and finally determined by arbitration in accordance with the JAMS Streamlined Arbitration Rules and Procedures in front of one arbitrator. If there is a conflict between JAMS Rules and the rules set forth in these Terms of Use, the rules set forth in these Terms of Use will govern. The JAMS Rules and instructions for how to initiate an arbitration are available from JAMS at http://www.jamsadr.com or 1-800-352-5267. To initiate arbitration, you or we must do the following things:

(1) Write a demand for Arbitration. The demand must include a description of the Claim and the amount of damages sought to be recovered. You can find a copy of a Demand for Arbitration at www.jamsadr.com.

(2) Send three copies of the Demand for Arbitration, plus the appropriate filing fee to: JAMS to your local JAMS office or to JAMS, Two Embarcadero Center, Suite 1500, San Francisco, CA 94111

(3) Send one copy of the Demand for Arbitration to the other party.

Payment of all filing, administration and arbitrator fees will be governed by the JAMS Rules. If travelling to New York is a burden, you may participate in the arbitration by phone or via document submission to the fullest extent allowable by the arbitrator. Each party will bear their own costs of arbitration unless the arbitrator directs that bearing such costs would be an undue burden and in that case, we will pay for your portion of the arbitration administrative costs (but not your attorneys’ fees). Arbitration under this agreement shall be held in the United States in New York, NY under New York law without regard to its conflict of laws provisions. The arbitration may award on an individual basis the same damages and relief as a court (including injunctive relief). Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

AUTHORITY OF ARBITRATOR: The arbitrator will decide the rights and liabilities, if any, of you and INSIGN US, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the Arbitration Rules, and these Terms and Conditions. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and us.

NO CLASS ACTIONS: You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed.

WAIVER OF JURY TRIAL: THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in court and are subject to very limited review by a court. In the event any litigation should arise between you and us in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND INSIGN US WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge. YOU ACKNOWLEDGE THAT YOU HAVE BEEN ADVISED THAT YOU MAY CONSULT WITH AN ATTORNEY IN DECIDING TO ACCEPT THIS AGREEMENT TO ARBITRATE.

OPT-OUT OF AGREEMENT TO ARBITRATE: You can decline this agreement to arbitrate by emailing us at contact@sergelutens.com and providing the requested information as follows: (1)Your Name; (2) the URL to these Terms and Conditions; (3) Your Address; (4) Your Phone Number; (5) and clear statement that you wish to opt out of this arbitration provision in the Terms of Conditions. The Opt-Out Notice must be emailed no later than 30 days after the date you first accept the Terms and Conditions by using the Website.

Miscellaneous

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.