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This website (hereinafter referred to as the Website") is published by Christian Dior Couture, a joint stock company with equity established at EUR 160,055,840, listed under the Paris Trade and Companies Register under number 612 035 832, with a head office located at 30, avenue Montaigne 75008 Paris - Telephone number: +33 (0)1 40 73 54 44.
The President and CEO of Christian Dior Couture and Publication Director is Sidney Toledano.
The Website is hosted by the company Prosodie, with a head office located at 150 rue Gallieni - 92100 Boulogne Billancourt - Telephone number: +33 (0)1 46 84 11 1
Website access and the use of its content are subject to the usage stipulations provided hereinafter. The act of accessing and browsing this Website implies that the Internet user fully and unreservedly accepts the following stipulations.
II. INTELLECTUAL PROPERTY
Christian Dior Couture is the owner of the Website's domain name.
The entirety of the Website, as well as its components (in particular text, structure, software, animated items, photographs, videos, illustrations, drawings, graphic representations, logos, etc.) are creative works protected by articles L.111-1 et seq. of the French Intellectual Property code. The Website and its components are the sole property of Christian Dior Couture; the latter is the sole party authorised to exercise intellectual property and related personality rights, particularly brands, models, creative works, software, databases, interpretations and image rights, as the originator or through a formal authorisation or licence.
Christian Dior is the owner of the brands: 克麗絲汀, 迪奧, 姫仙蒂婀 克里斯蒂昂 迪奥, КРИСТИАН ДИОР, דיור ディオール, クリスチャンディオール.
Use of all or part of the Website, particularly by means of downloading, reproduction, transmission, representation or circulation, for purposes other than personal and private use and with a non-commercial aim by the Internet user is strictly prohibited. The party liable for infringement of the above shall be liable to penalties stipulated in both the French Intellectual Property code with regard to copyright infringement (article L. 335-1 et seq.) and brand rights (article L. 716-1 et seq.) in particular, and the French Civil Code with regard to general legal liability (article 9, Sections 1382 et seq.).
III. PERSONAL DATA
3.1 Type of personal data
The term 'personal data' applies to all personal information (particularly the user name, password, name, surname, date of birth, email and postal addresses) that Internet users may disclose to Christian Dior Couture when subscribing to the Christian Dior Couture newsletter via the "NEWSLETTER" section of the Website and/or in respect of any message sent via the "CONTACT" section of the Website. The said data, irrespective of its type, shall directly or indirectly make it possible for Christian Dior Couture to identify and improve knowledge about Internet users and send them its newsletter and/or respond to their messages. When the Internet user discloses personal data, the said Internet user shall answer questions asked during the subscription process for the Christian Dior Couture newsletter and thus communicate precise information, which shall not prejudice the interests or rights of third parties.
No datum of a personal nature shall be collected without the personal consent of the Internet user concerned. The optional or compulsory nature of the items to be disclosed to Christian Dior Couture for this purpose shall be stated to Internet users beforehand. Said Internet users shall not be required under any circumstances to disclose any personal data to Christian Dior Couture.
However, in the event of refusal by the Internet user, Christian Dior Couture shall not be in a position to send the newsletter to the Internet user concerned and/or respond to their messages. In all events, if the Internet user does not wish or no longer wishes to receive the newsletter from Christian Dior Couture, the said Internet user may inform Christian Dior Couture accordingly by sending an email to the following address: email@example.com In all events, the Internet user shall also have the option of cancelling his or her subscription to the Christian Dior Couture newsletter by clicking a hypertext ink included directly in each issue of the said newsletter sent to the Internet user in question.
3.3 Identity of the party responsible for processing personal data
The Christian Dior Couture company is responsible for collecting and processing personal data from the Website.
3.4 Recipient(s) of personal data
The Christian Dior Couture company is the sole recipient of personal data collected from the Website. Personal data shall not be disclosed to third parties.
3.5 Internet user rights
In accordance with the French Freedom of Information and Technology law (No. 78-17 dated 6 January 1978), the Website has been registered for automatic processing of personal data with the CNIL (Receipt no. 686224). Each Internet user may exercise his or her right to access, rectify, supplement, update, lock, cancel and delete the personal data regarding the Internet user in question and, for legitimate reasons, to oppose its processing. To exercise the above rights, the Internet user may contact Christian Dior Couture by email at the following address: firstname.lastname@example.org.
Christian Dior Couture may create a "cookie" (alphanumeric identifier) in the hard drive of the Internet user's computer solely with the aim of recognising the said user when he or she subsequently views the Website.
The term of conservation of information concerning browsing by the Internet user, as provided by the "cookie" on the Website, shall not exceed one year. The Internet user is reminded that he or she may prevent cookies from being created on his or her hard drive by configuring their Internet browsing software accordingly (Internet Explorer, Mozilla Firefox, Opera, Safari, etc.). To this end, the Internet user is referred accordingly to the user guide of their Internet browsing software ("Help" section of the browser's toolbar) or may obtain any such information from the publisher of the said software.
Christian Dior Couture shall undertake to ensure the accuracy and updates of information published on the Website to the best of its ability. The company reserves the right to correct content at any time and without prior notification. However, Christian Dior Couture cannot guarantee the accuracy, precision and comprehensiveness of information made available on the Website. Said information shall not constitute any guarantee or commitment by Christian Dior Couture with regard to the Internet user. In particular, Christian Dior Couture shall not be held liable for:
- Any lack of precision, inaccuracy or omission regarding the information available on the Website;
- All and any damage arising from computerised intrusion by a third party, resulting in a modification to the information made available on the Website;
- And, more generally, any and all direct or indirect damage, irrespective of the cause, origin, nature and consequences, caused as a result of access by anyone to the Website or inability to access the said Website, along with the use of the Website and
Christian Dior Couture shall implement means intended to ensure the security of the files generated from personal data collected from the Website. It is, however, formally stated that Christian Dior Couture has no control over the risks related to the operation of the Internet and draws the attention of Internet users to the presence of possible risks in terms of confidentiality of data transmitted across this network.
V. AMENDMENTS TO LEGAL TERMS
Christian Dior Couture informs Internet users viewing the Website that these legal terms may be amended at any time. Such amendments shall be published online and shall be deemed accepted without reserve by any and all Internet users accessing the Website after the said amendments have been published online.
These legal terms have been drawn up in accordance with French law and, in particular, with the provisions of Law no. 2004-575 dated 21 June 2004 "for confidence in the digital economy" and Law no. 78-17 dated 6 January 1978 on "Freedom of Information and Technology". French courts shall exercise jurisdiction over all and any disputes arising from the use of the Website, subject to contrary provisions arising from Regulation no. 44/2001 dated 20 December 2000 concerning court jurisdiction and the application of rulings in civil and commercial matters (Brussels I).
If the Internet user has any questions about the use of the Website and/or these legal terms, or any request that he or she wishes to address to Christian Dior Couture, they are invited to send a message via the "CONTACT" section of the Website or an email to the following address: email@example.com.
Christian Dior UK Limited (the "Company") sells throughout the United Kingdom ladies' and men's luxury ready-to-wear items and fashion accessories under the Christian Dior Couture SA’s trademarks: Christian Dior, Dior, Baby Dior, Dior Joaillerie (non-exhaustive list). To better meet its customers' expectations, in addition to its own shops and distribution network, the Company has set up a system for the distance selling of a selection of items (the "Dior Items").
Clause 1 – Scope
These terms and conditions of sale are applicable to all sales of Dior Items, made (i) by phone via the Customer Relations Department of the Company (the “Customer Relations Department”); or (ii) online via the United Kingdom section of the Christian Dior website set up by the Company, identified by the domain names "www.dior.com" and/or “www.diorboutique.com” (the "Website"): - in respect of purchases made by customers who are individuals acting as consumers ('consumers' being persons acting outside of the course of their trade or business), whose permanent residence is in the United Kingdom; -for delivery either to those customers or any other third party of their choice (also having permanent residence in the United Kingdom and considered a consumer). Any sale of Dior Items via the Customer Relations Department and/or through the Website is subject to these terms and conditions of sale. By clicking the button marked "I accept the Terms and Conditions of Sale" before confirming his/her order, the customer confirms that he/she has unconditionally accepted these terms and conditions. These terms may be changed and updated from time to time. The terms applicable to an order by a customer being those in force on the day of ordering. The customer is advised to read these terms and conditions carefully before ordering any Dior Items and to print a copy of these terms and conditions for future reference.
Clause 2 – The Company
Christian Dior UK Limited, a company limited by shares, registered in England and Wales under number 2809988, whose registered office is located at Aldwych House, 81 Aldwych, London WC2B 4HN, UNITED KINGDOM. Telephone: 020 7172 0172 Fax: (33) 1 40 73 73 74 E-mail: firstname.lastname@example.org VAT GB627602152
Clause 3 – Information relating to Dior Items and limitation of liability
All information (name, definition, depiction, detailed description) concerning all Dior Items offered for sale under these terms and conditions is available in all Christian Dior Couture shops, on the Website or on request at the Customer Relations Department, by telephone at 020 7172 0172 or by fax at +33 (0)1 40 73 73 74, from 10am to 7pm from Monday to Saturday, excluding bank holidays. While being as careful and as accurate as possible regarding their online publishing, the items' descriptions and the data available on the Website, at the Customer Relations Department or in the Christian Dior Couture shops, and their updating, the Company cannot be held responsible for any insubstantial errors that may occur.
Clause 4 – Conditions of ordering
4.1By placing an order via the Customer Relations Department or the Website, the customer warrants that he/she is aged 18 or over, is a consumer, is a permanent resident of the United Kingdom, has legal capacity to contract, and owns a credit card/debit card as defined in Clause 9 below. Orders must be placed in English and are subject to availability of stock. To this end, the customer shall be informed by the Customer Relations Department or on the Website’s information page describing each item: -of the availability of the item; -or, if the item on sale is temporarily unavailable, of the possibility of ordering it for deferred delivery with the deadlines specified by the Company at the time of ordering. If despite the Company's attention, the ordered item(s) is/are no longer available, the Company shall notify the customer by any means (telephone call or e-mail) as soon as possible and reimburse the invoiced amount, (if applicable) to the customer's bank account or credit card/debit card without delay.
4.2The customer undertakes to supply the Company with complete, accurate, up-to-date information to enable the Company to process his/her order in compliance with these terms and conditions. Should the information be incomplete or incorrect and/or in violation of the terms and conditions, the Company reserves the right to cancel the order. When creating an account, the customer is required to provide certain personal data, such as name, internet login and password, permanent address, telephone number, e-mail, delivery address and payment method (the "Personal Data"). By confirming an order on the Website or via the Customer Relations Department, the customer agrees to the Personal Data being transmitted to Christian Dior Couture SA for the purpose of processing the order. The customer further agrees that the Personal Data may also be shared with the Company's contracted partners, for the exclusive purpose of fulfilling the order. When creating his/her account, the customer may select to receive the Christian Dior Newsletter. By selecting this option, the customer agrees that his/her personal data may be used by Christian Dior Couture SA for the sole purpose of sending the Newsletter. In compliance with the Data Protection Act 1998, the customer has the right to access, change, correct and request the removal of his/her Personal Data from the Company's (and Christian Dior Couture SA's) database(s). To exercise these rights, the customer should e-mail : email@example.com or telephone 020 7172 0172 or write to: Christian Dior Couture SA, Customer Relations Department, 30, Avenue Montaigne, 75008 Paris, France. The personal data collected by the Company on behalf of Christian Dior Couture SA is transmitted to, held and processed by Christian Dior Couture SA in France in accordance with French laws.
4.3The Company will refuse any orders exceeding five items, with a maximum of two identical items. The Company will also refuse orders: (i) from customers with whom there is an ongoing dispute concerning payment of a prior order; or (ii) that do not conform to these terms and conditions of sale. If the Company becomes aware that the order does not satisfy these terms and conditions of sale (e.g. the wrong delivery address, exceeding the authorised number of items), the Company will inform the customer by telephone or e-mail within six days. If the customer fails to correct the order, the Company reserves the right to cancel the order.
4.4All information on the Website is an invitation to treat only (such that by selecting the Dior Items in the "Shopping Bag" the customer is making an offer to purchase rather than accepting an offer made by the Company) and is not an offer capable of being accepted. Please refer to 6.5 below explaining when the contract is formed.
Clause 5 – Ordering
Dior Items by telephone Orders by telephone should be placed with the Customer Relations Department on tel. no.: 020 7172 0172, from 10am to 7pm from Monday to Saturday, excluding bank holidays. The customer will need to supply his/her credit card/debit card number and/or bank details to the Customer Relations Department. Once the customer's bank accepts the debit of the customer’s credit card/debit card or bank account, his/her order is transferred directly to the Company order picking department and is deemed accepted by the Company.
Clause 6 – Ordering
Dior Items on the Website Placing an order via the Website shall comply strictly with the procedure described below, also rendered online by a series of screens indicating the successive phases the customer must follow.
6.1First step: customer's item selection On the Website, the customer selects, enters and confirms the identification and quantity of the items he/she wishes to order (the availability of which the Company must confirm, if applicable); these items are added to the customer's "Shopping Bag".
6.2Second step: reviewing the content of the "Shopping Bag" Online, the customer may freely review and change the contents of the "Shopping Bag" by removing an item originally selected, changing the quantities ordered or adding an item, by clicking on the corresponding tools available in the "Shopping Bag". The "Shopping Bag" automatically displays the price of the items, as defined in Clause 8 below.
6.3Third step: confirming the selected items and placing the order When the customer has finished making his/her selection, to confirm the content of the "Shopping Bag", identification is necessary: -if the customer already has an account with the Company, via his/her e-mail address (log-in) and password; -if the customer does not have an account with the Company, using his/her name, his/her address of permanent residence (billing address), and telephone number. The customer must also confirm: -the delivery address, which may be the permanent residence in the United Kingdom of a third party to whom the customer is sending the ordered items or otherwise, the address of the company for which that third party works, if the company is located in the United Kingdom; -the shipment mode (priority or standard): the postage & packing expenses for the order being specified at the time; and finally - the payment method chosen. Once all this information has been entered and confirmed, the price of the items, as defined in Clause 8 below, and the packing and delivery costs are automatically displayed. After entering the debit card/credit card number, in compliance with the conditions of Clause 9 below, the customer should click on the "CONFIRM YOUR ORDER" button and his/her credit card/debit card or bank account shall be debited. The account debit confirmation issued by the customer's bank is displayed. The customer is advised to save and/or print the debit confirmation. Once the customer's bank accepts the debit, the order is deemed to have been placed by the customer, the customer's "Shopping Bag" is transferred directly to the Company's order picking department, and the customer's registered order number is displayed. The display of the order number does not constitute acceptance of the order. The order placed by the customer constitutes an offer by the Customer to purchase the Dior Items from the Company.
6.4Fourth step: Company's acknowledgement of the order The Company will acknowledge receipt of the customer's order without delay by sending an automated email to the customer's email address. Such automated email is a confirmation that the customer's order has been placed but does not constitute acceptance of the customer's order.
6.5 Fifth step: Company's acceptance of the order No later than six days following the display of the registered order number, the Company will confirm acceptance of the order via e-mail sent to the customer’s e-mail address. The customer formally accepts the use of e-mail for the Company's acceptance of his/her order. This confirmation e-mail will set out all information relating to the order, including availability of items ordered, delivery deadlines or payment method chosen, if applicable. It also states the registered order number the Company has assigned to the customer's order. Notwithstanding the above, the confirmation e-mail for orders (i) amounting to GBP 3,000 or more and/or (ii) made using international credit cards/debit cards issued by banks domiciled outside the United Kingdom shall be sent to the customer once full payment has been received by the Company.
Clause 7 – Proof of order
The Company and the customer e-mails and any automatic saving systems used on the Website and by the Customer Relations Department shall count as proof of the agreement between the parties, in particular as regards the nature and date of the order. The Company shall retain the information concerning all orders amounting to at least GBP 80 for 10 years. The information held can be made available to the customer on request to: firstname.lastname@example.org or to: Christian Dior Couture SA, Customer Relations Department, 30, Avenue Montaigne, 75008 Paris, France. The customer is advised also to keep a copy (electronic or printed) of the information concerning his/her online order (e.g. the Company's e-mail referred to in Clause 6.4 above). Clause 8 - Price of the items The prices quoted by the Customer Relations Department and displayed on the Website are in GBP and inclusive of VAT, but exclude packing and delivery costs. The billed prices are those in force at the date of ordering. Whilst being as careful and as accurate as possible regarding the prices displayed on the Website, errors may still occur. If, despite the Company’s attention, the Dior Items have been ordered at an erroneous price, the Company shall notify the customer by e-mail as soon as possible and offer him/her the following options: either (i) to reconfirm the order at the correct price or (ii) to cancel the said order and reimburse the billed amount (if applicable) to the customer’s bank account or credit card/debit card. For the avoidance of doubt, the Company is under no obligation to provide the Dior Items at the incorrect (lower) price even after the order confirmation e-mail has been sent and reimbursement of the invoiced amount (if applicable) shall be the customer's exclusive remedy. The packing and delivery costs will be (i) communicated by the Customer Relations Department before the order is confirmed; (ii) automatically displayed when the customer's chosen shipment method is confirmed (see Clause 6.3 above) and are confirmed to the customer in the order confirmation e-mail. On delivery the customer will receive, for each item, written confirmation of the price and packing and delivery costs invoiced to him/her.
Clause 9 - Terms of payment
The customer's payment for his/her purchases shall be made by credit card/debit card using the following networks only: Visa, Eurocard/Mastercard, American Express, Switch and Solo. Cards issued by banks domiciled outside the United Kingdom must be international bank credit cards/debit cards. The customer shall only pay his/her order with his/her own credit card/debit card bearing his/her identity (first name and surname). Online payment by credit card/debit card is protected by SSL. All the Website pages under “https” are of a secured server operating in SSL mode (128 bits), to ensure the customer’s payment is securely processed. The customer enters his/her credit card/debit card number and/or bank details via an online payment order form. The transaction is then made through banking security encrypted standards. In transmitting his/her bank details, the customer accepts in advance and unconditionally that the Company will perform the secure transaction. The customer therefore authorizes in advance his/her bank to debit his/her credit card/debit card or bank account in view of the records or statements transmitted by the Company, even in the absence of bills signed by the cardholder. The customer account debit authorisation is always given for the amount of the item(s) purchased as billed by the Company. The Company implements up-to-date secured and encrypted access to its server for telephone and online payment. It shall not be held responsible for the outcome and consequences whatsoever of unauthorised access and/or intrusion by a third party to the said server (e.g. hacking). In order to avoid any risk of hacking, the Company does not record the customer’s credit card/debit card number and/or bank details which are entered by the customer in the online payment order form. The customer's credit card/debit card is debited within six days of (i) the communication of his/her credit card/debit card number and/or bank details to the Customer Relations Department; (ii) clicking on the “CONFIRM YOUR ORDER” button on the Website, at the end of the order after the Company has checked: that the customer order complies with these terms and conditions; the item availability – even in the event of temporary unavailability accepted by the customer - and before shipment by the Company. Should it be impossible to debit the amounts owed by the customer for any reason whatsoever (refusal by the bank, etc.), the order shall be deemed cancelled.
Clause 10 - Delivery
Items can only be delivered to: -the customer's permanent residence; -a delivery address specified by the customer, being the permanent residence of a third party of his/her choice or, -the customer's place of work, if located in the United Kingdom; In no circumstances can delivery be made to a hotel or post office box. The customer undertakes to supply the exact address of his/her permanent residence when placing the order. Delivery shall take place after payment of the order is received: -either within 30 days of the date of ordering; -or, in the event of the item's temporary unavailability accepted by the customer, by the deadline(s) specified to the customer: (i) by the Customer Relations Department; (ii) when the item was added to the "Shopping Bag" on the Website and before the order was placed. The Company shall deliver the ordered Dior Items by standard or express post, as the customer prefers. Delivery shall only be made in the United Kingdom.
Clause 11 – Risk and Title
Risk in the Dior Items will pass at the time of delivery. Ownership of the items delivered will only pass to the customer when full payment of all sums due in respect of the items, including packing and delivery costs is received by the Company. In the event of incomplete or partial payment, the Company may, without prior notice, claim any item(s) delivered by the Company to the customer.
Clause 12 – Intellectual property rights
The customer is granted a license for use of the Website, which remains the exclusive property of the Company, which has created and published online the web pages, images and source scripts and data. Consequently, the customer shall not broadcast or copy the Website, in whole or in part, in any form whatsoever. The Company's (and Christian Dior Couture SA's) items and trademarks, most notably Christian Dior, Dior, Baby Dior and Dior Joaillerie (non-exhaustive list), as well as all other marks, illustrations, images, designs and models and logos figuring on the Company's items sold, their accessories or packaging, whether registered or not, are and remain the exclusive property of the Company or Christian Dior Couture SA, as the case may be. Full or partial reproduction, downloading, alteration or use of these brands, illustrations, images and logos, designs and models, for any reason and on any medium whatsoever, without the Company's (or Christian Dior Couture SA's) express prior written authorisation is strictly prohibited. The same applies to any combination or conjunction with any other brand, symbol, logo and generally speaking, any distinctive symbol intended to make up a composite logo. Similarly, it is strictly prohibited without the Company's (or Christian Dior Couture SA's) express prior written authorisation, to: -create hyperlinks to any page or item of the Website; -make any use not in accordance with this Website licence, and particularly, use any part of the material on the website (items presented, descriptions, price, data, software, graphics, images, texts, photographs, tools, etc.) for commercial purposes.
Clause 13 – Right of Cancellation
The customer has the right to cancel the contract without need for justification, up to seven (7) days (excluding Saturdays, Sundays and public bank holidays) after the date of receipt of the said item by the customer. To exercise his/her right of cancellation before the Dior Items have been delivered, the customer must give written notice to the Company or by telephone to tel. no.: 020 7172 0172, by email to email@example.com, by fax to fax no.: (+33) 1 40 73 73 74, giving details of the Dior Items ordered, the order number and (where appropriate) the delivery date. To exercise his/her right of cancellation after the Dior Items have been delivered, the customer must return the delivered item within the stated period, in its original packaging, in the same condition in which it was delivered to him/her, complete (with accessories, manual, warranty document etc.) with a copy of the invoice and the Return/Replacement Form attached to his/her order, to the address indicated on the form. The customer is recommended to send the items by registered mail or other method with a guaranteed date and should keep a proof of return. The costs of returning the Dior Items will be borne by the customer. If the customer does not return the Dior Items as required under these terms and conditions, the Company will charge the customer a sum not exceeding the direct cost of recovering those items. Reimbursement of the billed price of returned items (including packing and delivery costs) will be made by crediting the customer's bank account or credit card/debit card as soon as possible and in any case within a period not exceeding thirty days from the notification by the customer of the cancellation of the contract. Items that are returned incomplete, spoilt, damaged, deteriorated or dirty will not be reimbursed. When the Dior Items are delivered to a third party chosen by the customer, the right to cancel the Contract under this clause can only be exercised by the customer and cannot in any circumstances be exercised by the third party.
Clause 14 - Conformity
Warranty If any delivered item does not correspond to the order, then in addition to the customer’s statutory rights, the Company agrees to replace the item or, if this is not possible, refund the customer as set out below. The customer must check that the items delivered correspond to the order. If any delivered items do not match the order, the customer shall inform the Company as soon as possible, either by telephone to the Customer Relations Department (number and opening hours given in Clause 3 above), or by e-mail to firstname.lastname@example.org, specifying which item does not match the order, and return the relevant item(s) in its/their original packaging, in the condition in which it was delivered to him/her, complete (with accessories, notice, warranty document, etc.) and with a copy of the bill and the Return/Replacement Form to the address given on the form. Items must be returned by registered post or another secure method with a guaranteed delivery date. Return delivery costs will be borne by the Company if the non-conformity of an item is confirmed by the Company/and upon receiving proof from the customer of the delivery costs incurred. If replacement of the non-conforming item is impossible, or if the customer does not wish to receive a credit note from the Company, a full refund of the billed price (cost of item and packing and delivery costs) of the non-conforming items will be made by crediting the customer's bank account or credit card/debit card upon receipt by the Company of the returned items.
Clause 15 – Limitation of Liability
The Company will not be liable to the customer by way of representation (unless fraudulent), common law duty or under any express or implied term of the Contract for: -any losses which are not reasonably foreseeable by both Parties when the Contract is formed arising in connection with the supply of Dior Item(s) and related services or their use by the customer; -any losses which are not caused by any breach by the Company; -business or trade losses. The Company's entire liability in connection with the Contract will not exceed the purchase price of the Dior Item(s) in question. Nothing in this Contract means that the Company's liability to the customer for death or personal injury resulting from the Company's negligence or that of its employees, agents or sub-contractors is limited.
Clause 16 – Event beyond the Company's reasonable control - Force Majeure
The Company will not be responsible for any failure to perform or, delay in performance of, any of its obligations under a contract that is caused by events outside its reasonable control (Force Majeure Event). In this context, Force Majeure Events include (without limitation) war, riots, insurrection, social unrest, computer or telephone failures, severe disturbance in the security and coherence of the Internet, technical failures, unauthorised access and/or intrusions into the Website's secure and encrypted servers, strikes of all natures and Company procurement problems. The Company shall inform the customer of such a Force Majeure Event within seven days of its occurrence. If the Force Majeure Event continues beyond fifteen days, the customer may cancel the order in progress, which will be reimbursed by the Company as rapidly as possible by crediting the customer's credit card/debit card or bank account.
Clause 17 - Non-waiver
The failure by the Company to enforce one or more of the provisions of these terms and conditions of sale does not constitute a waiver of such rights or remedies and shall not relieve the customer from compliance with such obligations.
Clause 18 - Validity of these terms and conditions of sale
If any of the provisions in these terms and conditions of sale is declared wholly or partly invalid, unlawful or unenforceable, the other provisions and other rights and obligations resulting from these terms and conditions will remain valid to the fullest extent permitted by law.
Clause 19 - Litigation - Applicable law
These terms and conditions are governed by the laws of England and Wales. Any dispute arising from, or related to, these terms and conditions shall be subject to the non-exclusive jurisdiction of the English courts. February 22th, 2006 Christian Dior UK Limited Aldwych House 81 Aldwych London WC2B 4HN VAT N° GB627602152
This www.dior.com website (hereinafter referred to as the "Website") is published by Christian Dior Couture S.A., a limited company with a Board of Directors, with a share capital of €160,055,84, registered in the Paris Trade and Companies Register under the number 612 035 832, whose registered office is at 30, avenue Montaigne, 75008 Paris - Telephone number: 01 40 73 73 73.
The Chairman of the Board of Directors of Christian Dior Couture and the company's Publishing Manager is Mr Sidney TOLEDANO.
The Website is hosted by SMILE, whose registered office is at 48 rue de Villiers, 92300 Levallois Perret - telephone number: 01 41 40 11 00.
Access to the Website and use of the contents takes place as described below. The fact of accessing the Website and browsing it constitutes unreserved acceptance of the following provisions on the part of the Internet user.
II. INTELLECTUAL PROPERTY
Christian Dior Couture is the holder of the Website's domain name.
The Website as a whole and the various elements making it up (such as texts, tree structures, software, animations, photographs, videos, illustrations, diagrams, graphics, logos, etc.) constitute intellectual works protected under the provisions of Articles L.111-1 et seq. of the French Intellectual Property Code. They are the exclusive property of Christian Dior Couture, which is solely entitled to use the said intellectual property rights and the corresponding personality rights, trademarks, models, intellectual works, software, databases, interpretations, and images of individuals, either on the score of its original title to same or by virtue of a licence or express authorization.
The use of all or part the Website, for example by means of downloading, reproduction, transmission, display or dissemination for any purpose other than their personal and private non-commercial use is strictly prohibited. Violation of Christian Dior Couture's rights renders any person guilty of this liable to the sanctions set forth in the Intellectual Property Code on the score of copyright infringement (Article L. 335-1 et seq.) and trademark law (Article L. 716-1 et seq.), and stipulated by the French Civil Code on the score of civil liability (Article 9, and Articles 1382 et seq.).
The creation of any hyperlinks to any web page or element whatsoever of the Website is prohibited in the absence of Christian Dior Couture's prior written authorization. Any such authorization may be withdrawn at any time. No website with a hyperlink to the Website or to any of the elements composing it is under the control of Christian Dior Couture, and the latter consequently declines to accept any liability (including in particular editorial responsibility/liability) concerning access to these websites or their content.
III. PERSONAL DATA
3.1 The nature of personal data
The term personal data applies to any personal information (such as: user ID, password, surname, first name, date of birth, email address and postal address) that visitors to the Website may forward to Christian Dior Couture in the context of subscribing to the Christian Dior Couture newsletter via the section of the Website entitled "NEWSLETTER" and/or in the context of any message sent on the Website via the "CONTACT" page and/or on the occasion of their using the Website and the services proposed. This data, regardless of its nature, may directly or indirectly enable Christian Dior Couture to identify visitors and know them better and send them its newsletter and/or reply to their messages and/or facilitate their navigation of the Website and/or optimize the quality of the services offered them. When a visitor provides personal data, they undertake to answer the questions put to them, and in this context forward to Christian Dior Couture full, accurate and up-to-date information that is not in any way prejudicial to the interests or rights of third parties.
No item of personal data will be collected without the consent of the person concerned. The optional or obligatory nature of the legal information to be communicated to Christian Dior Couture in the context of the data collected on the Website will be indicated in advance to visitors to the Website. These latter will be under no obligation whatsoever to forward personal data to Christian Dior Couture.
However, in the event of refusal, Christian Dior Couture will not be able to send users of the Website its newsletter and/or reply to their messages and/or facilitate their navigation of the Website.
If a Website user no longer wishes to receive the Christian Dior Couture newsletter, they may advise Christian Dior Couture of this by sending an email to the following address: email@example.com. At all events, anyone may also unsubscribe to the Christian Dior Couture newsletter by clicking on a hyperlink provided directly on each number of the newsletter sent to them.
3.3 Identity of the person or entity responsible for processing personal data
The Christian Dior Couture company will be responsible for collecting and processing personal data provided on the Website.
3.4 Recipient(s) of personal data
Christian Dior Couture is the sole recipient of personal data collected on the Website, and will only forward it to a third party if:
- the Internet user has given their prior consent to this,
- the said third party is intervening in the capacity of a Christian Dior Couture subcontractor in the context of providing the Website and the services offered on it,
- Christian Dior Couture has been ordered by a judicial authority or any other administrative authority to forward such data to it.
3.5 The rights of visitors to the Website
In accordance with statute no. 78-17 of 6 January 1978, the French Data Protection Act, the Website has been made the subject of a declaration concerning the automatic processing of personal data submitted to the CNIL (the French data processing watchdog) (receipt no. 686224). Each Internet user has the right to access personal data concerning them and have it rectified, added to, updated, locked or deleted if appropriate and, if they have legitimate grounds for this, object to its being processed. In order to exercise these rights, you should contact Christian Dior Couture by email at the following address: firstname.lastname@example.org.
When consulting the Website, information concerning visitors' navigation of it via their terminal (computer, tablet, smartphone, etc.) may be recorded in "Cookies" files (alphanumerical user IDs) installed on the said terminal, subject to the choices expressed by them hereinafter concerning the said cookies (these choices may be modified at any time) and the parameters of the navigation software used.
The time for which information provided by the "cookie" on the Website concerning the visitor's navigation of the Website is stored will not exceed one year at most.
Cookies enable Christian Dior Couture, without personally identifying the visitor:
- to store information concerning any forms they may have filled in on the Website (registration or access to their account) or concerning products, services or information that they have chosen or consulted on the Website (for example: content of a shopping basket, etc.);
- to enable visitors to access reserved personal spaces on the Website such as their account, thanks to user IDs or data communicated previously;
- to implement security measures, as for example, when a visitor is asked to reconnect to content or to a service after a certain lapse of time.
- visitors to the Website may configure their navigation software in such a way that cookies are recorded on their terminal or, alternatively rejected, either systematically or depending on the issuer. Visitors to the Website may also configure their navigation software in such a way that the acceptance or rejection of cookies is proposed on a random basis before a cookie is likely to be recorded in their terminal;
- if a Website user agrees to have cookies registered in their navigation software, the cookies incorporated into the pages and contents consulted by them may be temporarily stored in a dedicated space on their terminal. There they will only be readable by the person or entity that issued them;
- if, on the other hand, a Website user refuses to have cookies recorded in their terminal, or deletes those recorded in it, they will no longer be able to use a certain number of functions which are nevertheless necessary in order to be able to browse in certain areas of the Website. This will be the case if they try to access contents or services for which it is necessary to identify oneself, or when Christian Dior Couture or its providers of technical services are unable to recognize for the purposes of ensuring technical compatibility the type of browser used by the Website user's terminal, its language and display parameters, or the country from which the said terminal seems to be connected to the Internet.
In this event, Christian Dior Couture declines to accept any liability concerning the consequences resulting from the less than perfect performance of its Website and/or of its services resulting from its being impossible to record or consult the cookies necessary to ensure their operation that the Website user has rejected or deleted.
For the management of cookies by Internet users and the choices made by them, the configuration of each browser is different. It is described in the browser's help menu.
For Internet Explorer™:
Christian Dior Couture will do everything possible to ensure that the information provided on its Website is accurate and up-to-date; it reserves the right to correct the content of the Website at any time, without prior notice. However, Christian Dior Couture cannot guarantee the accuracy, precision and exhaustiveness of the information made available on the Website, which information constitutes neither a guarantee nor an undertaking towards visitors to the Website on the part of Christian Dior Couture.
In particular, Christian Dior Couture cannot be held liable for:
- any imprecision, inaccuracy or omission affecting information available on the Website;
- for any harm or damage resulting from hacking by a third party that has led to the modification of information made available on the Website;
Christian Dior Couture implements all due means for the purposes of ensuring the security of files created on the basis of personal data collected on the Website. It is, however, pointed out that Christian Dior Couture cannot control the innate risks associated with the operation of the Internet, and draws people's attention to the existence of possible risks vis-à-vis the confidentiality of data transiting via this network.
V. MODIFICATION OF THIS LEGAL INFORMATION
Christian Dior Couture hereby informs those consulting the Website that this legal information may be modified at any time. These modifications will be published by being put online and will be held to have been unreservedly accepted by any Internet user who accesses the Website after they have been put online.
This legal information is drawn up in accordance with French law, in particular the provisions of statute no. 2004-575 of 21 June 2004 concerning confidence in the digital economy, and statute no. 78-17 of 6 January 1978, known as the Data Protection Act. The French courts are territorially competent to rule on any dispute relating to use of the Website, except in the event of any provisions to the contrary stemming from EC Regulation no. 44/2001 of 20 December 2000 concerning judicial competence and the acknowledgement and enforcement of decisions in civil and commercial cases (Brussels I).
For any question that an Internet user might wish to ask concerning use of the Website and/or concerning this legal information, and for any request that they might wish to make to Dior Couture, they may send a message via the "CONTACT" section in the Website and/or send an email to the following address: email@example.com.
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