Terms of use

Terms of use

INTRODUCTION

Welcome on this Site dedicated to the Viktor&Rolf brand and accessible at the following URL http://fragrances.viktor-rolf.com/ (the « Site »).

The following terms and conditions (hereinafter referred to as the “Terms”), together with any documents referred to within them, govern your use of this Site. By accessing, using and/or registering to the Site, users (whether guests or registered users, and hereinafter referred to as the “Users”) hereby indicate their acceptance to be bound by these Terms. If Users do not agree to these Terms, they must not use the Site.

The Site has been developed for and published by Prestige et Collections International, a company with a capital of 31.500 euros, with its registered office located at 16 place Vendôme, 75001 Paris, registered in the Commercial and Corporations Register of PARIS under the number 334 171 113, (hereinafter the "Company" or "we"). Publication Director: Guillaume de Lesquen, International General Manager - Designer Brands Fragrances.

OTHER APPLICABLE TERMS

These Terms refer to the following additional policies, which also apply to the use of our Site:

  • Our Privacy Policy, which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using our Site, you consent to such processing and you warrant that all data provided by you is accurate.
  • Our Review Terms and Conditions, which set out the terms and conditions in accordance with which you can leave product reviews on our Site.
  • Our Cookie Policy, which sets out information about the cookies on our Site.

From time to time we may run competitions and promotions via our Site. Separate terms and conditions will be posted where applicable governing such competitions and promotions.

CHANGES TO THESE TERMS

From time to time we may modify these Terms. Please check this page regularly to take notice of any changes we make, as they are binding on you. Your use of our Site following any such change constitutes your agreement to follow and be bound by these Terms as amended. If at any time you do not wish to accept these Terms, you may not use our Site.

CHANGES TO OUR SITE

We may update our Site from time to time, and may change the content at any time. However, please note that any of the content on our Site may be out of date at any given time, and we are under no obligation to update it.

We do not guarantee that our Site, or any content on it, will be free from errors or omissions and you accept that such changes may result in your being unable to access our Site.

ACCESS TO OUR SITE

To access and use this Site you must be an adult (over 18) and have a valid e-mail address. If you are under 18, the prior authorization of your parents is required.

You may be required to fill out required fields in a form, indicated as such by an asterisk. In such event, you will be required to fill out such fields prior to entering the Site. Any inaccurate or incomplete registration will not be accepted.

You accept that the data you submit to us and that is stored in our information systems is accurate and acts as proof of your identity. Please inform us as to any applicable change in such data.

Access to the Site and/or certain of its Sections (as defined below) may require the use of a user identification code, password or any other piece of information as part of our security procedures. You must treat such information as confidential and must not disclose it to any third party. You can of course change your identification code or password at any time. However, the number of attempts to access the Site and/or certain of its Sections may be limited in order to prevent fraudulent use of such identification codes or passwords. Please inform us of any fraudulent use that you may become aware of.

In the event of non-compliance with the rules described in these Terms, we reserve the right to suspend your access to the Site and disable any identification code or password, whether chosen by you or allocated by us, at any time. In such event we will inform you as soon as possible.

You are responsible for making all arrangements necessary for you to have access to our Site. You are also responsible for ensuring that all persons who access our Site through your internet connection are aware of these Terms and that they comply with them.

Furthermore, if you wish to create hypertext links to this Site, a prior request for authorization must be submitted to us through the contact address: baptiste.beaumont@loreal.com.

Even though we try to keep the Site accessible at all times, we cannot guarantee you access in all circumstances. Access to the entire Site, or some parts of the Site, may be interrupted, in particular for reasons of maintenance, updating, or other reasons which are beyond our control. Any of the material on our Site may be out of date at any given time, and we are under no obligation to update such material.

NO WARRANTY

Our Site is provided "as is" and excludes any warranties of any kind, either express or implied, to the fullest extent permissible pursuant to applicable law including (but not limited to) the exclusion of warranties of title, merchantability, satisfactory quality, fitness for a particular purpose and non-infringement of proprietary or third party rights.

INTELLECTUAL PROPERTY

We are either the owner or the licensee of all intellectual property rights in the Site, and in the material published on it (including but not limited to text, content, software, video, music, sound, graphics, photographs, illustrations, artwork, photographs, names, logos, trademarks, service marks and other material) (“Content”). The Content is protected by copyright laws and treaties around the world. All such rights are reserved.

You acquire no rights or licences in or to our Site and/or the Content other than the limited right to use our Site in accordance with these Terms and to download on the terms set out in this section. Other than as set out in this section you may not copy, reproduce, recompile, decompile, disassemble, reverse engineer, distribute, publish, display, perform, modify, upload to create derivative works from, transmit, or in any other way exploit any part of our Site.

We allow limited download only if you satisfy the following criteria:

  • (i) you make no more than one printed copy of such download and no further copies of such printed copy are made; and
  • (ii) you make only personal, non-commercial use of such download and/or printed copy; and
  • (iii) you do not modify the paper or digital copies of any Content you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text; and
  • (iv) you retain on such download and/or printed copy all copyright notices and shall remain bound by the terms of such wording and notices.

Additionally, you may not offer for sale or sell or distribute over any other medium (including distribution by over-the-air television or radio broadcast or distribution on a computer network) the Content or any part thereof. You may not make any part of our Site available as part of another website, whether by hyperlink framing on the internet or otherwise. Our Site and the information contained therein may not be used to construct a database of any kind, nor may our Site be stored (in its entirety or in any part) in databases for access by you or any third party or to distribute any database websites containing all or part of our Site.

You may not use any of our trademarks or trade names without our prior express written consent and you acknowledge that you have no ownership rights in and to any of those names and marks. You must not use any part of the content on our Site for commercial purposes without obtaining a licence to do so from us or our licensors.

If you print off, copy or download any part of our Site in breach of these Terms, your right to use our Site will cease immediately and you must, at our option, return or destroy any copies of the Content you have made.

You agree to abide by all additional copyright notices or restrictions contained in our Site.

You agree to notify us promptly in writing if you become aware of any unauthorised access to or use of our Site by any party or of any claim that our Site or any of the contents of our Site infringes any copyright, trade mark, or other contractual, statutory or common law rights of any party.

If you would like information about obtaining our permission to use any of the Content, please email your enquiry to:baptiste.beaumont@loreal.com

NO RELIANCE

While we endeavour to ensure the accuracy of the information accessed via our Site, the content of our Site is provided for general information only. Although we make reasonable efforts to update the information on our Site, we make no representations, warranties or guarantees, whether express or implied, about the accuracy, timeliness or completeness of any information or material on our Site.

LIMITATION OF LIABILITY

Nothing in these Terms excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.

To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our Site or any content on it, whether express or implied.

We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

  • use of, or inability to use, our Site; or
  • use of or reliance on any content displayed on our Site.

If you are a business user, please note that in particular, we will not be liable for:

  • loss of profits, sales, business, or revenue;
  • business interruption;
  • loss of anticipated savings;
  • loss of business opportunity, goodwill or reputation; or
  • any indirect or consequential loss or damage.

If you are a consumer user, please note that we only provide our Site for domestic and private use. You agree not to use our Site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Site or to your downloading of any content on it, or on any website linked to it.

INDEMNITY

You agree to indemnify, defend, and hold harmless each of L’Oréal, its employees, representatives and agents, from and against any claims, actions, demands or other proceedings brought against any of L’Oréal, its employees, representatives or agents, by a third party, to the extent that such claim, suit, action or other proceeding brought against L’Oréal, its employees, representatives, suppliers, or agents is based on or arises in connection with:

  • (i) your use of our Site;
  • (ii) any breach by you of these Terms;
  • (iii) a claim that any use of our Site by you
    • a. infringes any intellectual property rights of any third party, or any right of personality or publicity, or
    • b. is libellous or defamatory, or otherwise results in injury or damage to any third party;
  • (iv) any deletions, additions, insertions, or alterations to, or any unauthorised use of, our Site by you; or
  • (v) any misrepresentation or breach of representation or warranty made by you contained herein.

References in this section of these Terms to your use of our Site shall be deemed to include any use by a third party where such a third party accesses our Site using your computer. You agree to pay L’Oréal, its employees, representatives, and agents any and all costs, damages, and expenses (including reasonable legal fees) awarded against any of them or otherwise incurred by any of them in connection with or arising from any such third party claim, suit, action or proceeding attributable to any such third party claim.

SPECIFIC STIPULATIONS FOR CERTAIN SECTIONS OF THE SITE

Various sections may be made available to you on this Site: Downloadable Content, On-Line Applications, User Content, Discussion Space etc. (the " Sections").

(i) Downloadable Content

We may make available on this Site content that you are authorized to download ("Downloadable Content"). In downloading or using such Downloadable Content, you are deemed to have agreed to use it in conformity with these Terms.

We grant you, for your personal and private use only, royalty free and for the legal term of copyright protection, a non-exclusive, non-transferable right to use the Downloadable Content. Any reproduction, representation, modification or distribution of the Downloadable Content is subject to prior express authorization from the Company. Any request for this type of authorization should be submitted to us in advance at the following address: baptiste.beaumont@loreal.com

(ii) On-Line Applications

We may make available on this Site software applications (the "On-line Applications"). We grant you, for your personal and private use only, royalty free and for the legal term of copyright protection, a non-exclusive, non-transferable right to use the On-Line Applications. You agree not to modify, adapt, reproduce, correct or distribute the On-Line Applications nor any mark or inscription of title set forth on such On-Line Applications and/or any media related thereto.

Any Content that you may create or produce with the On-Line Application shall be considered as User Content (as described in section (iii) “User Content”, below).

Please inform us of any problems encountered with the On-Line Applications at the following address: baptiste.beaumont@loreal.com. We will then do our best to correct such problem as soon as possible.

In the event that we provide you with a tool/application which enables images to be edited (and in particular in order to virtually try a cosmetic product), you acknowledge and agree that such tool/application may solely be used for your own private purposes. You are not authorized to use this tool/application in such a way that may be disrespectful, injurious and/or infringe the rights of third parties. Consequently, you are not authorized to modify and/or display a third party’s image without such third party’s prior express consent. Finally, you are not authorized to modify and/or display, in whole or in part, material (whether modified via the tool/application or otherwise) provided with the tool/application (and, in particular, material displaying models) without the Company’s prior express consent.

(iii) User Content and User Actions

User Content

We may make available on this Site a space dedicated to user content such as, for example, text, photos, videos etc. ("User Content").

By submitting User Content to us, you automatically grant use a royalty-free, perpetual, irrevocable, non-exclusive, worldwide license to use, copy, modify, adapt, edit, distribute, translate, create derivative works from, incorporate into other works, distribute and otherwise exploit such User Content (in whole or in part) on any and all medias (including without limitation this Site).

You expressly grant us the right to use the User Content on our own websites as well as third party websites in particular on “social networking” sites (including without limitation, Facebook, Twitter, Youtube, Dailymotion) including plug-ins and applications on such third party websites, hereinafter referred to as “Third Party Websites”, as well as in displays in all formats in unlimited quantities, on television, in the print press and magazine, and in any advertising, PR or marketing material (whether print, POS, media or online), educational material or internal material. For the avoidance of doubt, the Site is not managed or sponsored in any manner whatsoever by such Third Party Websites.

You acknowledge and agree that the use of Third Party Websites is exclusively governed by the terms and conditions set up by the Third Party Websites and that such terms and conditions are binding on us in our use of the User Content on the Third Party Websites. We may not be held responsible for any use by us or by a third party of the User Content in accordance with the terms and conditions of the Third Party Websites including without limitation, the scope or duration of any rights and the deletion of the User Content.

You shall be solely responsible for any third party claims relating to the use of the User Content in accordance with the terms and conditions of the Third Party Websites.

Without prejudice to the above, you represent and warrant that you have obtained any necessary consents and have the right to use, copy, distribute and disclose to third parties the User Content.

You acknowledge and agree that the User Content could be subject to “viral” communication (word-of-mouth communication) on Third Party Websites and that we will not be liable for any claim or action in this regard.

You are entirely liable for any User Content that you publish on this Site including but not limited to for any third party claims that the User Content constitutes a violation of their intellectual property rights, or of their right to privacy.

Any material you upload to our Site will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose. We also have the right to disclose your identity to any third party who is claiming that the User Content infringes their rights.

We will not be responsible for, or liable to any third party, for the content or accuracy of any material posted by you or any other user of our Site.

We have the right to remove any material or posting you make on our Site if, in our opinion, such material does not comply with these Terms including if the content is illegal and/or contrary to the accepted standards of morality and/or infringes the rights of third parties.

User Actions

Through Third Party Websites, some actions are made available to you on the Site such as sharing, commenting and/or appreciating content, hereinafter referred to as “User Actions”.

When you proceed with a User Action on or through a Third Party Website, you allow us to have access to certain information from your Third Party Website’s account (including your name, profile picture, gender, birthday, networks, user IDs, list of friends and any other information that is communicated to other users of the Third Party Website, people you follow and/or who follow you and the comments and/or the appreciations you make, hereinafter “Public Information”) in order to enable these User Actions.

We remind you that some Public Information you provide to us on or through a Third Party Website, is publicly published and can be viewed by anyone who is visiting the Site or a member of a Third Party Website. We are not responsible for the publication of your Public Information and the use that may be made by other users.

If you no longer wish to have your Public Information published on our Site, you are solely responsible for managing your privacy setting on your Third Party Website’s account. We will not be responsible for the delay between your modification of your privacy setting and deletion of any activity on our Site or on the internet.

Please inform us of any User Content which appears contrary to applicable legislation in force and/or to accepted standards of morality and/or the principles set forth herein and/or which infringes the rights of others, at the following address: baptiste.beaumont@loreal.com

(iv) Discussion Space

We may make available on this Site a space permitting you to communicate with other users (the "Discussion Space").

The Discussion Space must be used in conformity with the legislation in force, accepted standards of morality, the principles set forth herein and in compliance with the rights of others.

Please inform us of any communication which appears contrary to the legislation in force and/or to accepted standards of morality and/or the principles set forth herein and/or which infringes on the rights of others, by emailing us at the following address: baptiste.beaumont@loreal.com.

LINKS

The hypertext links on the Site may take you to Third Party Websites whose content we have no control over. We are in no way responsible for the content and/or behavior of these Third Party Websites and do not guarantee the reliability or the accuracy of the information and/or content published on these Third Party Websites. Third Party Websites may have different practices for processing personal data than ours. We invite you to consult the privacy policy of the Third Party Websites as we have no control over their processing and collection of personal data. To the extent hypertext links have been included on this Site to facilitate your navigation of the internet, the consultation of such Third Party Websites is entirely your choice and we hereby exclude all liability in connection with such activity.

LINKING TO OUR SITE

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link to our Site in any website that is not owned by you. Our Site must not be framed on any other site, nor may you create a link to any part of our Site other than the home page.

We reserve the right to withdraw linking permission without notice.

If you wish to make any use of content on our Site other than that set out above, please contact us at the following email address: baptiste.beaumont@loreal.com.

VIRUSES

We do not guarantee that our Site will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform in order to access our Site. You should use your own virus protection software.

You must not misuse our Site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Site, the server on which our Site is stored or any server, computer or database connected to our Site. You must not attack our Site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Site will cease immediately.

HOSTING

This Site is Hosted by NAITWAYS, a company with a capital of 373.000 euros, with its registered office located at 14 rue Jules Saulnier – 93200 SAINT-DENIS registered in the Commercial and Corporations Register of PARIS under the number 430 359 927.

ENTIRE AGREEMENT

Except as provided herein, these Terms and any other terms of use or policies referred to in them are the entire agreement between us and supersede any prior understanding or agreements (written or oral). Nothing in this clause will operate to limit or exclude either party’s liability for fraud.

GOVERNING LAW AND JURISDICTION

If you are a consumer, please note that these Terms, their subject matter and their formation, are governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.

If you are a business, these Terms, their subject matter and formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.

LOCAL LAWS AND REGULATIONS

Our Site is not directed at any person in any jurisdiction where for any reason the publication or availability of our Site is prohibited. Those in respect of whom such prohibitions apply must not access our Site.

We do not represent that either our Site or the Content are appropriate for use or permitted by local laws in all jurisdictions. Those who access our Site do so on their own initiative and are responsible for compliance with applicable local laws or regulations; legal advice should be sought in cases of doubt.

SEVERANCE & WAIVER

If any provision of these Terms is found to be invalid by any court having jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.

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