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Legal mentions

INTRODUCTION

The access to the www.kenzo.com website (hereinafter the “Website”) and the use of its services, features and content are subject to these terms of use (“Terms of Use”).

You may be accessing the Website from a computer or mobile phone device and these Terms of Use govern your use of the Website and your conduct, regardless of the means of access. 

We hereby inform you that these Terms of Use may be modified at any time, without notice, and in our sole discretion. Such modifications will be made public by means of their being placed on line and will be effective upon posting.  The modifications to the Terms of Use will be deemed to have been accepted without reservation by your continued use of the Website following posting of the modification on line. You should therefore frequently review these Terms of Use carefully, including their effective dates, before navigating through our Website.

The fact that you have entered into and browsed in our Website constitutes your acceptance of these Terms of Use.

1. GENERAL INFORMATION

This Website is published by KENZO, a Société Anonyme [French public limited company] (“KENZO”) with share capital of 2,153,040 euros, whose registered office is located at 18, rue Vivienne, 75002 Paris, registered with the Register of Companies of PARIS as number 402.180.194, and whose VAT registration number is FR 80 402 180 194. Its Publications Director is Valérie DASSIER.

The Website is hosted by Demandware Inc., a Delaware corporation whose registered office is located at 5 Wall Street, Burlington, MA 01803, USA.

2. INTELLECTUAL PROPERTY

This Website is the exclusive property of KENZO, and KENZO is solely entitled to use and operate the individual and intellectual property rights covering the Website.  All design, text, graphics, logos, button icons, images, audio and video clips, the selection and arrangement thereof, and all software on the Website is Copyright © 2015 KENZO, SA.  ALL RIGHTS RESERVED.  The compilation (meaning the collection, arrangement and assembly) of all content on the Website is the exclusive property of KENZO SA and is protected by U.S. and international copyright laws.  All software used on the Website is the property of KENZO SA or its software suppliers and is protected by U.S. and international copyright laws. 

The KENZO trademark, and all the brand and non-brand marks, and in general all other trademarks, illustrations, images and logotypes that appear on the KENZO products, their accessories or their packaging, whether or not they are registered, are and shall remain the exclusive property of KENZO.

“Borderlinx” and “Total Cost Calculator” are trademarks owned or licensed by Borderlinx Europe SA, and they are used on our Website with permission.

Any reproduction in whole or in part, modification or use of these trademarks, illustrations, images and logotypes for any reason and by any means whatsoever including, without limitation, in a manner that is likely to cause confusion among consumers or in a manner that disparages or discredits KENZO, is strictly prohibited.

Any combination or use of the KENZO trademarks, illustrations, images and logotypes in conjunction with any other trademark, symbol, logotype and more generally any distinctive sign that is intended to form a composite logo is strictly prohibited.

The use of all or part of the Website, in particular by means of downloading, reproducing, printing, electronically copying, distributing, republishing, displaying, performing or transmitting for purposes other than personal and private use for a non-commercial purpose is strictly prohibited.

Hyperlinks to our Website may only be created with our written, prior consent. Such consent may be withdrawn at any time. We cannot be held responsible for the content of any websites linked to our Website.

3. PRODUCTS

The KENZO products featured on the Website are representative of KENZO’s collection. However, not all KENZO products are featured on the Website.  Not all products featured on the Website are available in the KENZO shops. The style, designs, models, colours and prices of the KENZO products featured on the Website may be modified without prior notice.

The KENZO products on the Website can be ordered and delivered in the European Union, Norway, Switzerland and the United States (excluding US territories and Puerto Rico).  Prices on the Website quoted in U.S. Dollars are valid and effective only in the United States.

The products available on the Website are for your personal use only.  Please see our General Conditions of Sale 

4. DISCLAIMER

The content of this Website may contain inaccuracies or typographical errors. KENZO shall not be held liable for any inaccuracy or error, or for loss or damage caused by or resulting from the use of information obtained on or through the Website. It is up to you to assess the information and any other content available on or through the Website. The Website and the information and products appearing on it are liable to be modified at any time, possibly without further notice or advance warning.

The visitor is informed that the access of this Website may be interrupted at any time for maintenance, security reasons or any other technical constraint.

You agree not to circumvent, disable or otherwise interfere with security-related features of the Website or features that prevent or restrict use of any content or enforce limitations on use of the Website or the content therein.  You may not interfere with or disrupt the Website, or servers or networks connected to the Website, or disobey any requirements, procedures, policies or regulations of networks connected to the Website, including by using any device, software or routine to bypass robot exclusion headers.

5. GUARANTEES

This Website and its contents are provided "as is" and "within the limit of their availability". KENZO shall not be held liable and provides no guarantee of any kind, whether express or implied, including any guarantee as to the title or the absence of malevolent programs (such as viruses, worms or Trojan horses) or implied guarantee as to merchantability (trade value) or suitability for a particular use, and expressly disclaims all liability and all guarantee. KENZO shall bear no liability and cannot guarantee that the information contained on the Website is accurate, complete or up-to-date, that the Website contains no defect or that any such defect shall be corrected. By using this Website, you agree to do so at your own risk and assume full responsibility for any inability to use the Website, any loss of data and the costs related to any assistance or repair of any hardware and/or software used by you for connecting to the Website, and you agree to hold KENZO harmless for any damage whatsoever that may be caused by, result from or be connected to your use of the Website. In cases where the applicable law does not permit the exclusion of implied guarantees, some or possibly all of the disclaimer clauses mentioned above may not apply to you.

6. LIMITATION OF LIABILITY

KENZO WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE WEBSITE. WHERE PERMITTED BY LAW, THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES. TO THE EXTENT PERMITTED BY LAW, THE LIMITATIONS ON KENZO'S LIABILITY SET FORTH HEREIN SHALL APPLY WHETHER FOR BREACH OR REPUDIATION OF CONTRACT, OR WHETHER IN TORT, CIVIL LIABILITY BY WAY OF NEGLIGENCE, GROSS NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BY AGREEING TO THESE TERMS OF USE, YOU WILLINGLY AGREE (OR, IF YOU ARE A MINOR, YOUR PARENT OR LEGAL GUARDIAN WILLINGLY AGREES) THAT YOU HAVE RELINQUISHED YOUR RIGHT TO SEEK THESE DAMAGES FROM KENZO AND THAT THIS IS A REASONABLE ALLOCATION OF RISK.  AS SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGE, SOME OR EVEN ALL OF THE LIMITATIONS MENTIONED ABOVE MAY NOT APPLY TO YOU.

Where permitted by law, you agree to defend, indemnify and hold harmless KENZO (and its officers, directors, agents, subsidiaries, affiliates, employees and third party service providers) from all claims, demands, losses, liabilities, costs and expenses of every kind or nature, known or unknown, including reasonable legal fees, arising out of (a) your use of and access to the Website, (b) your violation of this Terms of Use, and (c) your violation of any law or the rights of a third party (including, without limitation, any intellectual property or privacy right).

The provisions of this section (6) will survive the termination of these Terms of Use and your use of the Website.

7. CHOICE OF LAW – LANGUAGE – DISPUTES

The Website is created, controlled and operated by KENZO from France.  As such these Terms of Use are governed by and subject to French law, without giving effect to any principles of conflicts of laws. They have been drafted in French. In the event that they are translated into one or more other languages, only the French text shall be binding in the event of a dispute. [NB: Kenzo must conform the French language versions of all documents]

Any disputes which may arise under these Terms and Conditions concerning their validity, interpretation, performance, termination and various consequences will be brought before the French courts for adjudication. If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any term of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. TO THE EXTENT PERMITTED BY APPLICABLE LAWS, YOU AND WE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

8. DMCA

If you believe your work or content has been copied and posted to the Website in a way that constitutes copyright infringement, please provide our designated copyright agent the following written information in accordance with the U.S. 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 Website;

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.

You can reach our DMCA designated copyright agent for notice of claims of copyright infringement on this Web site through customer service.

9. FRAUD PROTECTION PROGRAM

As part of our order processing procedures, we will screen all orders received at www.kenzo.com for fraud or other types of unauthorized or illegal activity. We reserve the right to refuse to process an order due to suspected fraud or unauthorized or illegal activity. If such is the case, we may reject your order or our Customer Service department may call you at the phone number you provided (or use your email address) to confirm your order. We also reserve the right to cancel any accounts or refuse to ship to certain addresses due to suspected fraud or unauthorized or illegal activity. We take these measures to protect our customers as well as ourselves from fraud or other unauthorized or illegal activity.

10. MY ACCOUNT

Only individuals may register for My Account, and you are limited to one account per individual. Employees, officers, directors, agents and representatives of KENZO are eligible for account membership but may be excluded from certain promotions. You must be age 13 years or older to be eligible for account membership. Eligible minors must obtain their parent's or legal guardian's consent prior to participation.

By completing an account form for My Account (the "Program"), you agree (or, if you are a minor, your parent or legal guardian agrees) to be bound by these terms and conditions. NO PURCHASE IS NECESSARY TO BECOME A MEMBER OF THE PROGRAM. The Program is void where prohibited by law.

The personal information collected from each member of the Program, which may include purchase history, will be used and disclosed by KENZO for the purpose of the administration of the Program, internal analysis for marketing purposes, and as otherwise permitted by our Privacy Policy. By completing an account form, you agree (or, if you are a minor, your parent or legal guardian agrees) to be bound by our privacy policy set forth in the Legal Notice and these Terms of Use.

By completing an account form for the Program, you are asked to agree (or, if you are a minor, your parent or legal guardian agrees) to receive advertising, marketing materials and other communications from KENZO. By signing up for the Program, you are asked to subscribe to the KENZO newsletter. If you do not wish to receive these communications, you can request that they be discontinued by updating your client profile at www.kenzo.com. or by calling Customer Service or by visiting a KENZO boutique.

KENZO may, in its sole discretion, alter, limit, or modify the Program rules, regulations, benefits, eligibility for account membership, or any other feature of the Program or may terminate the Program any time at its sole discretion, without prior notice.

KENZO reserves the right to exclude individuals from the Program in its sole discretion. Any abuse of the Program, failure to follow any terms of the Program, inactivity for more than 24 months, any misrepresentation or any conduct detrimental to the interests of KENZO may subject members to account revocation and will affect eligibility for further participation in the Program. If your account is revoked, credits, points or other attributes of your account, if any, will automatically expire and terminate. KENZO reserves the right to make changes to these Program disclaimers, terms and conditions at any time. It is your responsibility to check or review these terms and conditions from time to time to keep informed of any changes.

KENZO WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH YOUR PARTICIPATION OR ACCOUNT MEMBERSHIP IN THE PROGRAM, INCLUDING DAMAGES ARISING OUT OF CHANGES TO OR TERMINATION OF THE PROGRAM. WHERE PERMITTED BY LAW, THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES. TO THE EXTENT PERMITTED BY LAW, THE LIMITATIONS ON KENZO'S LIABILITY SET FORTH HEREIN SHALL APPLY WHETHER FOR BREACH OR REPUDIATION OF CONTRACT, OR WHETHER IN TORT, CIVIL LIABILITY BY WAY OF NEGLIGENCE, GROSS NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BY AGREEING TO THESE TERMS, YOU WILLINGLY AGREE (OR, IF YOU ARE A MINOR, YOUR PARENT OR LEGAL GUARDIAN WILLINGLY AGREES) THAT YOU HAVE RELINQUISHED YOUR RIGHT TO SEEK THESE DAMAGES FROM KENZO AND THAT THIS IS A REASONABLE ALLOCATION OF RISK.   AS SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGE, SOME OR EVEN ALL OF THE LIMITATIONS MENTIONED ABOVE MAY NOT APPLY TO YOU.