GENERAL TERMS AND CONDITIONS OF USE
Last updated: 22 December 2017
Use of the website accessible at www.celine.com (the “Website”) is subject to these General Terms and Conditions of Use (the “General Terms and Conditions of Use”). In using the Website, you acknowledge having read, understood and unreservedly accepted these General Terms and Conditions of Use.
CÉLINE may modify and update these General Terms and Conditions of Use at any time. The General Terms and Conditions of Use in force as of the moment at which the Website is used are those which are enforceable with regards to you.
Please keep yourself updated with regards to the terms and conditions in force on a regular basis. You may consult the version of the General Terms and Conditions of Use in force at any time by clicking the “terms and conditions” link, and then on “General Terms and Conditions of Use”.
You must be age 13 years or older to register for an account. Eligible minors must obtain their parent's or legal guardian's consent prior to registration.
1. INTELLECTUAL PROPERTY RIGHTS
All design, text, graphics, logos, button icons, images, audio and video clips, the selection and arrangement thereof, and all software on the Sites is Copyright (c) 2017 CÉLINE, ALL RIGHTS RESERVED. The Website is protected by copyright, trademark law and, more generally, by legislation relating to intellectual property, with effect worldwide, both in relation to its presentation (options, plan, layout, etc.) and to each component part comprising its content (trademarks, text, images, videos, illustrations, logos, etc.). CÉLINE, its affiliates and/or the holders of the Website’s intellectual property rights are the holders of all intellectual property rights relating to the Website and to its component parts.
On this basis and in accordance with the provisions of the French Intellectual Property Code and applicable U.S. laws, use of the Website and its component parts is authorised for private use only.
Therefore, the reproduction, representation or modification, either total or partial, of any pages, data or component parts relating to the presentation and/or content of the Website, via any support whatsoever and using any procedure whatsoever, is prohibited other than with express prior consent from CÉLINE or the holders of the Website's intellectual property rights.
The trademarks belonging to CÉLINE and/or its affiliates featured on the Website are trademarks registered in France and/or internationally for various purposes by CÉLINE and/or its affiliates.
The total or partial reproduction or representation of these trademarks performed from the Website other than with express prior consent from CÉLINE is prohibited, in accordance with the provisions of article L. 713-2 of the French Intellectual Property Code and applicable U.S. laws.
Similarly, any use made of all or part of the Website’s content for illegal purposes renders the user liable under civil and criminal law, and such user may be the subject of legal proceedings.
CÉLINE has the right to modify the content of the Website at any time and without notice.
Express prior authorisation must be obtained in writing from CÉLINE for the creation of hypertext links to any one of the pages or component parts of the Website. Third party websites containing hypertext links to the Website are not under the control of CÉLINE and CÉLINE therefore declines all liability (particularly as publisher) concerning access to, and the content of, such websites.
The Website may also contain links to third party websites not published or controlled by CÉLINE. Such links are provided as a convenience only. They may not and must not be interpreted as an explicit or implicit endorsement of such websites, their content, or of any product or services thereby offered. Please refer to the general terms and conditions of use of such websites for further details regarding the conditions applicable to you when using these websites.
3. OBLIGATION OF THE USER
You hereby undertake not to a) use or allow the use of the Website in an improper manner, for unlawful, fraudulent or malicious purposes, and particularly (without limitation): (i) by pirating the Website or by introducing any malicious code, including viruses, or harmful data into the Website or any operating system; (ii) by the use of a “spider” or any other system, methods or programmes (automated or otherwise) to extract data or information from CÉLINE’s Website or servers; (iii) by sending or storing documents containing viruses, worms, Trojan horses or other harmful code, files, scripts, agents or computer programmes; (iv) by interfering with or causing harm to the integrity or performance of the Website and the data contained therein; (v) by trying to obtain unauthorised access to the Website, its systems or associate networks; (vi) by trying to access the accounts or personal information of other users in an unauthorised manner.
4. LIMITATION OF LIABILITY; INDEMNIFICATION
Subject to the specific provisions applicable to on-line sales and to consumer law, CÉLINE will under no circumstances have any liability with regard to you or to any third party for any direct or indirect damage of any kind whatsoever, whatever the cause, origin, nature or consequence thereof, arising from the consultation or use of the Website. The preceding provision does not apply to New Jersey residents. In particular, CÉLINE provides no guarantee as to the uninterrupted functioning of the Website and refuses all liability in the event of access to the Website being interrupted or unavailable, in relation to bugs or viruses, to any damages caused by fraudulent acts perpetrated by third parties (such as hacking) causing the modification of the information provided via the Website or preventing access thereto. The user therefore declares that he/she accepts the characteristics and limits of the Internet. This present limitation of liability applies to the full extent authorised by law. Please note that some jurisdictions may not allow the exclusion of implied warranties and conditions, so some of the above exclusions may not apply to you but shall apply to the maximum extent permitted by applicable laws.
You agree to defend, indemnify and hold harmless CÉLINE (and its officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers), from all claims, demands, losses, liabilities, costs, expenses, obligations and damages including reasonable legal fees, arising out of (a) your misuse of the Website; (b) your violation of any term of these General Terms and Conditions of Use; (c) a breach of your representations and warranties set forth herein; or (d) your violation of any law or the rights of a third party (including, without limitation, any copyright, property or privacy right). This indemnification obligation will survive the termination of these General Terms and Conditions of Use and your misuse of the Website.
5. MAINTENANCE, AVAILABILITY
CÉLINE will make its best efforts to maintain a reasonable level of Website functionality and availability. CÉLINE reserves the right to limit access to the Website and its use by the user at any time and without notice in order to carry out maintenance work and make changes to the Website. CÉLINE may not be held liable in the event of any interruption to access caused by such maintenance or updating operations.
If you believe your work or content has been copied and posted to the Sites in a way that constitutes copyright infringement, please provide CÉLINE's designated copyright agent the following written information in accordance with the Digital Millennium Copyright Act (the "DMCA"):
- An electronic or physical signature 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 upon;
- A description of where the material that you claim is infringing is located on the Sites;
- A 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;
- Your name, address, telephone number and email address (if available); and
- 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.
CÉLINE's DMCA designated copyright agent for notice of claims of copyright infringement on the Sites is Sofia Cavallo, who can be reached as follows:
7. APPLICABLE LAW - DISPUTES
These General Terms and Conditions of Use are governed by and interpreted in accordance with French law. It is the express wish of the parties that these General Terms and Conditions of Use and all related documents be drawn up in English. C'est la volonté expresse des parties que cette convention ainsi que tous les documents qui s'y rattachent soient rédigés en anglais.
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN A U.S. COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. IT CONTAINS PROCEDURES FOR MANDATORY BINDING ARBITRATION IN FRANCE AND A CLASS ACTION WAIVER.
Should any dispute arise in relation to the use of the Website and following the failure of any claim filed in writing by the customer or if no response has been made within a reasonable deadline of one (1) month, you may if you wish have recourse to any method of alternative dispute resolution, particularly mediation via the CMAP (Paris Centre for Mediation and Arbitration). In order to submit a dispute to the mediator, the customer may (i) complete the form published on the CMAP website: www.cmap.fr, tab “you are: a consumer”, (ii) send his/her request by simple letter or by registered letter with acknowledgment of receipt to CMAP Médiation Consommation, 39 avenue Franklin D. Roosevelt, 75008 Paris, or (iii) send an email to email@example.com. Whatever the method used to refer to CMAP, the customer request must contain the following in order to be processed quickly: his/her postal, email and telephone contact details together with Céline’s full name and address, a brief description of the facts and evidence confirming that he/she first tried to solve the dispute with CÉLINE.
You remain free to accept or decline such recourse to mediation and, if recourse is made to mediation, each party remains free to accept or decline the solution suggested by the mediator.
If no amicable solution can be reached and no recourse is made to mediation, all disputes potentially generated by the General Terms and Conditions of Use will be submitted to the jurisdiction of the competent courts pursuant to the French Code of Civil Procedure and the French Consumer Code.
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 CÉLINE in any state or federal court in the United States in a suit to vacate or enforce an arbitration award or otherwise, YOU AND CÉLINE 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.
The provisions of these General Terms and Conditions of Use are intended to be interpreted in a manner which makes them valid, legal, and enforceable. In the event any provision is found to be partially or wholly invalid, illegal or unenforceable, such provision shall be modified or restricted to the extent and in the manner necessary to render it valid, legal, and enforceable. It is expressly understood and agreed between the parties that such modification or restriction may be accomplished unilaterally by CÉLINE, or alternatively, by disposition of an arbitrator or a court of law. If such provisions cannot under any circumstances be so modified or restricted, they shall be excised from the General Terms and Conditions of Use without affecting the validity, legality or enforceability of any of the remaining provisions.