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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 PARIS USA LLC, a Delaware limited liability company with a principal place of business at 598 Madison Avenue, NY, NY 10022.

The Website is hosted by SalesForce Commerce Cloud, 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 and is protected by U.S. and international copyright laws. All software used on the Website is the property of KENZO 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.

Any reproduction in whole or in part, modification or use of KENZO 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, colors and prices of the KENZO products featured on the Website may be modified without prior notice.

4. 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 programs (automated or otherwise) to extract data or information from KENZO’s Website or servers; (iii) by sending or storing documents containing viruses, worms, Trojan horses or other harmful code, files, scripts, agents or computer programs; (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 unauthorized access to the Website, its systems or associate networks; (vi) by trying to access the accounts or personal information of other users in an unauthorized 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. KENZO 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 KENZO 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 placed, or other transactions completed through your account will be deemed to have been lawfully completed by you. In no event will KENZO be liable for the foregoing obligations or the failure by you to fulfill such obligations. This Article is subject to Article 8 of these Terms of Use.

5. 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. KENZO shall not be held liable for such interruption or unavailability.

Third party websites containing hypertext links to the Website are not under the control of KENZO and KENZO therefore declines all liability (particularly as publisher), subject to Article 8 of these Terms 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 KENZO. 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.

6. 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.

7. LIMITATION OF LIABILITY

SUBJECT TO THE SPECIFIC PROVISIONS APPLICABLE TO ON-LINE SALES AND TO CONSUMER PROTECTION LAWS, KENZO WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH YOUR CONSULTATION OR 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.

8. 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 Terms 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 Terms 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 Terms of Use and New Jersey law, New Jersey law will govern.

9. APPLICABLE LAW - DISPUTES

These Terms 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.

In the event any litigation should arise between you and KENZO in any state or federal court in the United States, YOU AND KENZO 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. This Paragraph is subject to Article 8 of these Terms of Use.

It is the express wish of the parties that these Terms of Use and all related documents be drawn up in English.

10. MISCELLANEOUS

We take every care to protect your private information.

We have set up an electronic file that collects certain personal data concerning our clients, in accordance with the legislation on the protection of personal information.

At the time you place your first order through our E-Shop, that database will be enriched using information concerning you, which will first of all make it possible to fill your order and then to better meet your expectations and facilitate any assistance that is provided for you by the Customer Service.

This information can be sent to KENZO and to its subsidiaries.

The existence of this database has been disclosed in a declaration provided in accordance with the requirements of Law No. 78-17 of 6 January 1978 on Computers and Information, as amended by Law No. 2004-801 of 6 August 2004.

You have an individual right, provided by law, to access, withdraw and correct the individual information of a personal nature that you have provided to us. You may exercise that right by contacting the Customer Service as mentioned in the previous clause.

Depending on the choices made at the time you created or consulted your account on our website, you have the option of choosing whether or not you wish to receive offers from us or from our partners, or of being informed of specific transactions by email.

If you no longer wish to receive such offers, you may make such a request at any time by modifying your account directly at the www.kenzo.com website.

You can find the declarations concerning the protection of your privacy in our Personal Data Charter and in the website’s Terms of Use.