GENERAL TERMS AND CONDITIONS OF USE
LAST UPDATED: 07/17/2018
Use of the website accessible at www.celine.fr (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.
The Website is operated by CELINE SA with its registered office at 16 rue Vivienne, 75002 Paris, France.
CELINE 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 regard 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”.
The terms and conditions applicable to on-line sales are defined in more detail in our General Terms and Conditions of Sale (see “General Terms and Conditions of Sale”).
CELINE does not collect information from children under the age of 13.
Without limiting CELINE’s right to terminate this Agreement at any time or by any means, CELINE may also suspend your access to your Account, the Website, any Content, or any Services, with or without notice to you, upon any actual, threatened, or suspected breach of this Agreement or applicable law or upon any other conduct deemed by CELINE, in its sole discretion, to be inappropriate or detrimental to the Website, Services, CELINE, or any other user or third party, subject to Paragraph 5 of the General Terms and Conditions of Use.
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 CELINE, 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.). CELINE, 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 CELINE or the holders of the Website’s intellectual property rights.
The trademarks belonging to CELINE and/or its affiliates featured on the Website are trademarks registered in France and/or internationally for various purposes by CELINE 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 CELINE 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.
CELINE has the right to modify the content of the Website at any time and without notice. This provision is subject to Paragraph 5 of the General Terms and Conditions of Use.
Express prior authorisation must be obtained in writing from CELINE 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 CELINE and CELINE therefore declines all liability (particularly as publisher), subject to Paragraph 5 of the General Terms and Conditions of Use, concerning access to, and the content of, such websites.
The Website may also contain links to third party websites not published or controlled by CELINE. 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 must be 13 years or older to access or use the Website or any Content, or Services. By accessing or using the Website or any Content or Services, you represent that you are at least 13 years old and if you are a minor that you have obtained your parent’s or legal guardian’s consent prior to using the Website. The Website is intended to be used only by individuals and entities that can form legally binding contracts under applicable law. By accessing the Website or any Content or Services you agree that you meet (or can meet with parental consent) these eligibility requirements.
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 CELINE’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.
You may establish an account on the Website, although this is not required. In connection with establishing an account, you will be asked to submit certain information about yourself. You agree that: (a) all such information you provide will be accurate, complete, and current; (b) you will maintain and promptly update all such information to keep it accurate, complete, and current; and (c) you will not provide any information belonging to another person with the intent to impersonate that person. You are solely responsible for all access to and use of your account (whether authorized or unauthorized), including all content and services accessed through your account. CELINE may deem any actions taken through your account to have been authorized by you. You are responsible for compliance, and the compliance any other users of your account, and with the terms of this agreement. You will ensure the security and confidentiality of your account and will notify CELINE immediately if any account information (including password) is lost, stolen, or otherwise compromised. You acknowledge that you are fully responsible for all costs, fees, liabilities or damages incurred, and material transferred, stored, modified or shared through the use of each account (whether lawful or unlawful). You acknowledge that any orders made or other transactions completed through your account will be deemed to have been lawfully completed by you. In no event will CELINE be liable for the foregoing obligations or the failure by you to fulfill such obligations. This Paragraph is subject to Paragraph 5 of the General Terms and Conditions of Use.
4. LIMITATION OF LIABILITY; INDEMNIFICATION
Subject to the specific provisions applicable to on-line sales and to consumer protection laws, CELINE 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. In particular, CELINE 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.
Subject to Paragraph 5 of the General Terms and Conditions of Use, you agree to defend, indemnify and hold harmless CELINE (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. NOTICE TO NEW JERSEY RESIDENTS
Your rights are protected under the Truth-in-Consumer Contract, Warranty and Notice Act and New Jersey law generally. The following provisions in these General Terms and Conditions of Use do not apply to you and are not intended to vary, diminish or alter your rights under New Jersey law: specifically, nothing in these General Terms and Conditions of Use limits, varies, diminishes, affects, or otherwise voids or alters your rights under New Jersey law as they relate to limitations of liability or exculpation (including, but not limited to, limitations on indirect, incidental, special, exemplary, consequential or similar damages), dispute resolution, indemnification, venue or jurisdiction, statutes of limitation or repose periods for bringing claims, plain language requirements, representations and warranties of any type or nature (including, but not limited to conditions of merchantability, of satisfactory quality, of fitness for a particular purpose, of accuracy, of quite enjoyment, and non-infringement), contract remedies, personal injury, tort and negligence claims, conditions of sale, fee-shifting provisions, waiver of attorney fees and/or costs, and copyright. Your rights regarding these specific provisions will be governed by New Jersey law. In the event of any conflict between these General Terms and Conditions of Use and New Jersey law, New Jersey law will govern.
6. MAINTENANCE, AVAILABILITY
CELINE will make its best efforts to maintain a reasonable level of Website functionality and availability. CELINE 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. CELINE 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 CELINE’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.
CELINE’s DMCA designated copyright agent for notice of claims of copyright infringement on the Sites is Sofia Cavallo, who can be reached as follows:
598 Madison Avenue
New York, NY 10022
8. APPLICABLE LAW - DISPUTES
These General Terms and Conditions of Use are governed by and interpreted in accordance with the laws of the State of New York, excluding its conflict of law rules. For any action where the provisions hereof permit the parties to litigate in court, you further expressly consent and agree to submit to the exclusive jurisdiction and venue of a court of competent jurisdiction located in New York, New York. 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.
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. In the event any litigation should arise between you and CELINE in any state or federal court in the United States in a suit to vacate or enforce an arbitration award or otherwise, YOU AND CELINE 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. This Paragraph is subject to Paragraph 5 of the General Terms and Conditions of Use.
9. ADDITIONAL TERMS
Unless otherwise amended, these General Terms and Conditions of Use will exclusively govern your access to and use of the Website, and is the complete and exclusive understanding and agreement between the parties, and supersedes any oral or written proposal, agreement or other communication between the parties, regarding your access to and use of the Website. You agree as it relates to our remedy at law for any actual or threatened breach of these General Terms and Conditions of Use that CELINE shall be entitled to specific performance or injunctive relieve, or both, in addition to any damages that we may be legally entitled to recover. No right or remedy shall be exclusive of any other, whether at law or in equity. All waivers by CELINE hereunder must be in writing or later acknowledged by CELINE in writing. Any waiver or failure by CELINE to enforce any provision hereof on one occasion will not be deemed a waiver by CELINE of any other provision or of such provision on any other occasion. If any provision hereof is held to be unenforceable, that provision will be removed to the extent necessary to comply with the law, replaced by a provision that most closely approximates the original intent and economic effect of the original to the extent consistent with the law, and the remaining provisions will remain in full force. The prevailing party in any proceeding arising from or related to these General Terms and Conditions of Use will be entitled to receive its costs, expert witness fees and reasonable attorneys’ fees, including costs and fees on appeal. You agree that each of CELINE’s service providers shall be considered a third party beneficiary of the above provisions, with all rights to enforce such provisions as if a service provider were a party hereto. None of your rights or obligations hereunder may be assigned or transferred by you (in whole or in part and including by sale, merger, consolidation, or other operation of law) without the prior written approval of CELINE. Any assignment in violation of the foregoing will be null and void. CELINE may assign its rights and obligations hereunder to any party that assumes CELINE’s obligations hereunder. The parties hereto are independent parties, not agents, employees or employers of the other or joint venturers, and neither acquires hereunder any right or ability to bind or enter into any obligation on behalf of the other. Any reference herein to “including” will mean “including, without limitation.” This Paragraph is subject to Paragraph 5 of the General Terms and Conditions of Use.