Terms of service

 

APPLICATION OF TERMS OF USE

1.1. Scope of application: These general terms of use (hereinafter "Terms of Use") apply to any natural person aged at least eighteen (18) years old and possessing legal capacity (hereinafter the "User") who accesses the online sales site available at the following URL: https://mouratoglou-apparel.com/en (hereinafter the "Site") published by Mouratoglou Merchandise, a simplified single-member joint stock company with a capital of €5,000, registered with the Antibes Trade and Companies Register under number 900 011 644, having its registered office at 3550 route des Dolines, 06410, Biot, email address hello@mouratoglou-apparel.com, VAT FR 77900011644 (hereinafter "MM").

These Terms of Use are drafted in French.

1.2. Acceptance of the Terms of Use: These Terms of Use are accessible to all Users of the Site by clicking on the link "Terms and Conditions" on all pages of the Site. Any registration on the Site is subject to the prior consultation and unconditional acceptance of the Terms of Use by the User by checking the box "By checking this box, I accept the general terms of use of the Site". Registration on the Site by the User therefore implies the full and unconditional acceptance of these Terms of Use. No special conditions can prevail over these Terms of Use.

1.3. Modification of the Terms of Use: MM reserves the right to unilaterally adapt or modify these Terms of Use at any time and without notice. The version of the Terms of Use applicable to the User is the one appearing on the Site on the date of use by the User of the Site. If the User has a user account, MM will inform them of any modifications made to the Terms of Use by sending a notification. After having taken note of the modified Terms of Use, the User must check the box "I have read the Terms and Conditions and I expressly accept them" appearing at the bottom of the information banner. If the User does not accept the modified Terms of Use, they will not be able to use the Site.

DESCRIPTION OF THE SITE

The Site allows the User to:

create a user account or log in to their user account (hereinafter the "User Account"). view the various products offered for sale by MM on the home page of the Site or by clicking on the tabs of the dropdown menu. purchase and pay, directly on the Site, products offered by MM. access, from the "Our Universe" tab, information about MM and the founder, Patrick Mouratoglou. proceed, from their User Account, to the modification of their personal information and addresses, view orders and pre-orders placed and being delivered, request and track a product return, and record and track their credits and discount vouchers. ACCESS CONDITIONS TO THE SITE Access to the Site is reserved for Users acting strictly for personal purposes and unrelated to any commercial activity and residing in a country from which the Site is available and the Internet, mobile, and/or satellite network allows access to the features offered on the Site.

Access to the Site is permitted temporarily. MM may suspend, withdraw, interrupt, or modify all or part of the Site at any time and without notice. The User acknowledges that MM cannot be held responsible for such suspensions, modifications, or interruptions of the Site.

MM grants the User free access to the Site under the conditions more fully described in these Terms of Use.

The User may access the Site and its features at any time, from compatible devices. The use of the Site does not require the creation of a User Account.

However, the User can create a User Account at any time which will allow them to access certain features of the Site, such as purchasing products. The User is invited to log in or register for their User Account by providing the following information: email address, last name, first name, password, phone number, date of birth, and nationality. The information to be provided is indicated by an asterisk. By providing their personal information, the User undertakes to provide accurate, complete, and sincere information and to regularly update it thereafter via their User Account.

To validate their registration, the User must read the Terms of Use and accept them by checking the box "By checking this box, I accept the general terms of use of the Site". The creation of the User Account is subject to the User's acceptance of the Terms of Use in force at the time of creation.

The User can complete or modify their personal information by accessing their User Account directly on the Site. Through their User Account, the User has access to their personal information, addresses, orders and pre-orders of products placed, their credits, and discounts, and the product return tracking.

The User Account is strictly personal. The User logs into their User Account using credentials consisting of a username and password defined by them (hereinafter the "Credentials"). The User undertakes to preserve the confidentiality of the Credentials and to use them in accordance with the provisions of these Terms of Use. The User is solely responsible for the use they make of the Credentials and the Site. The User acknowledges that the use of any connection to the Site using their Credentials will be deemed to have been made by them and is entirely the responsibility of the User. If the Credentials are fraudulently used or lost, the User must immediately inform MM, at the email address: info@mouratoglou.com, which will immediately cancel the Credential and/or change the associated password upon justification of their identity. In case of forgetting their Credentials, the User can request to generate a new password via the Site. MM shall in no event be liable for any prejudicial consequences to the User resulting from the illicit, fraudulent, or abusive use of their Credentials by a third party not expressly authorized by the User.

The User undertakes not to:

use the Site for purposes other than those strictly provided for in these Terms of Use or in any way prohibited by a legal or regulatory provision; use the Site in violation of the rights of others; use the Site in a manner that may harm the Site and/or the provided features or disrupt their use by another User; sell, rent, sublicense, market, distribute, transfer, or make available the Site to any person not authorized by MM; modify (except in the manner permitted and described in the documentation and these Terms of Use), adapt, reverse-engineer, decompile, disassemble, or otherwise translate all or part of the Site; correct errors, defects, and any other anomalies of the Site; harm the legitimate interests of MM, including its intellectual property rights and other rights related to or linked to the Site; remove or modify MM's trademark, logo, or any other distinctive sign contained in the Site.

RESPONSIBILITIES OF MM

MM provides the User with the functionalities described in Article 2 via the Site under the conditions described in these T&Cs.

The Site is accessible twenty-four hours a day, seven days a week, except in case of force majeure events or events beyond MM's control (including breakdowns) and subject to maintenance and updates required for the Site.

MM undertakes, as part of a best effort obligation, to provide access to the Site in accordance with these T&Cs and to act diligently and competently to make every reasonable effort to remedy any malfunction brought to its attention. For the proper management of the Site, MM may at any time:

make changes to the Site; suspend, interrupt, or limit access to all or part of the Site, restrict access to the Site, or certain parts of the Site; delete any information that may disrupt the operation or violate national or international laws and/or these T&Cs; suspend access to the Site in order to carry out maintenance and/or updates or in the event of a security threat.

USER'S OBLIGATIONS

The User agrees to comply with these T&Cs. In general, and without limitation, the User agrees not to:

use the Site for professional, commercial, or non-private purposes; download, reproduce, record, capture, and/or copy, by any means, the content of the Site and features, especially the photographs offered therein, in violation of the T&Cs; download, send, transmit, in any way whatsoever, any illegal or infringing content, any advertising, any unsolicited and unauthorized promotional material, as well as any computer virus, code, file, or program designed to disrupt, destroy, or limit the functionality of the Site or servers, networks, or networks connected to the services; hold or make statements or distribute, in any form whatsoever, content such as, but not limited to, photos, messages, and/or comments ("User Content") that infringe intellectual property rights or the rights of others, or are defamatory, insulting, obscene, offensive, violent, or incite violence, of a political, racist, or xenophobic nature, and, in general, any content contrary to laws and regulations in force; impede or disrupt the Site, servers, networks connected to the features, or refuse to comply with the required conditions, procedures, general rules, or regulatory provisions applicable to networks connected to the services; attempt to mislead other users by usurping the name or business name of others, and more particularly by posing as an employee or affiliate of MM.

The User undertakes that any User Content posted and/or distributed by them via the Site does not infringe third-party rights, particularly intellectual property rights (trademark, copyright, models in particular), rights of individuals (including defamation, insults, harassment, denigration, harassment, etc.), respect for privacy (including the right to image), public order and good morals (including the apology of crimes against humanity, incitement to racial hatred, violation of human dignity, violence against animals, violent or degrading images, etc.), and, more generally, the applicable regulations in force and the usual rules of politeness and courtesy. The User is solely responsible for all the information, content, and data they post on the Site.

By publishing User Content on the Site, the User grants, free of charge, worldwide, for the legal duration of protection, the non-exclusive, irrevocable, transferable, and sublicensable right to use, reproduce, and represent said User Content, including, without limitation: (1) to copy this content, by any known or unknown means (such as, in particular, paper, electronic, magnetic, optical, or digital, etc.); (2) to display or publish this User Content on the Site and in all affiliated publications, and by any known or unknown means of distribution or broadcast, and to store this User Content; (3) to distribute this User Content and to use it for promotional and marketing purposes, including, without limitation, for internal and/or external institutional communication purposes, as well as for the promotion of our activities worldwide, including for the needs of events organized by or for our account; (4) to adapt this User Content and to make any modifications that we deem necessary (in particular, without limitation, the right to arrange, modify, correct, improve, announce, crop, and/or integrate all or part of the User Content into other works); and (5) to translate the User Content into any language.

In the event that the User uses the Site in violation of applicable laws and/or the T&Cs, MM reserves the right to take any measures it deems useful, including immediately suspending, temporarily or permanently, the User's access to the Site and/or, if applicable, their User Account.

In the event that MM's liability is sought for a breach by the User of their obligations under the law or these T&Cs, the User agrees to indemnify and hold MM harmless from any conviction against them resulting from the User's breach, as well as to reimburse all expenses incurred and damages caused.

THIRD-PARTY CONTENT

The Site may contain hypertext links to third-party websites that MM does not control. These hypertext links are provided for reference only. MM is not responsible for the availability or content of these services offered on these sites, nor for their privacy or personal data protection practices.

As MM has no control over these services, the User acknowledges and accepts that MM is not responsible for the availability of such external services and does not control, endorse, or is not responsible for the content, accuracy, quality, advertising, products, services, or other elements available on or through these services. In addition, the User acknowledges and accepts that MM is not responsible, directly or indirectly, for any damage or harm caused or allegedly caused by or related to the use of any content, goods, or services available on or through these services or taken into account.

LIABILITY

MM does not warrant that the Site or MM Content (i) will meet your needs, (ii) are free from errors or omissions, and (iii) will always be available and accessible without interruption. MM reserves the right, without committing to it, to correct any errors or omissions present on the Site or MM Content.

MM's liability cannot be engaged in case of failure, difficulty, or interruption of operation, preventing access to the Site or one of its features temporarily. The User acknowledges and accepts that MM's liability cannot be engaged for any inconvenience or damage related to the use of the Internet, mobile, and/or satellite network, including, without limitation:

the improper transmission and/or reception of any data and/or information via the Internet, mobile network, or satellite network; the failure of any reception equipment or communication lines; any malfunction of the Internet network, mobile network, or satellite network preventing the proper functioning or causing poor conditions of use of the Site and/or access to the Site's features; any contamination by potential viruses or intrusion by a third party into the User's computer system. In particular, MM cannot be held responsible for any damage not directly and exclusively attributable to it, caused to the User's electronic equipment and the data stored on it, as well as the consequences that may result for the User's personal or professional activity. It is therefore up to the User to take all appropriate measures to protect their electronic equipment and the data stored on it from any harm.

The transfer rate and response times of information circulating from the Site to the Internet are not guaranteed by MM. Indeed, the speed of information circulation does not fall within the scope of the service offered by MM but of the characteristics inherent to the online or telecommunication networks provided by the User's operator.

MM's liability is expressly excluded, as acknowledged by the User, in case of (i) improper use of the Site made available to the User or failure to comply with the recommended usage, and (ii) force majeure within the meaning of Article 1218 of the Civil Code and current case law.

INTELLECTUAL PROPERTY

The Site and all elements and contents of the Site, including texts, graphics, visuals, logos, trademarks, names, sounds, designs, software domain names, photo and video content ("MM Content"), are protected by intellectual property law and are the exclusive property of MM and/or licensed to MM. These T&Cs may not be construed in any way as transferring to the User ownership of the Site or MM Content. All rights relating to the Site and MM Content that are not expressly granted to the User under these T&Cs and that belong to MM remain MM's full and exclusive property. Consequently, any use, reproduction, or representation of the Site and/or MM Content without MM's prior written authorization, including the creation of derivative works, is prohibited and may result in legal action.

Subject to the User's compliance with these T&Cs, MM grants the User a non-exclusive, non-transferable, and non-sublicensable right (including by way of sublicense) to access and use the Site and all its components (including MM Content) and associated documentation, for the entire duration of these T&Cs worldwide.

The User may only use the Site, MM Content, and associated documentation for their intended purposes and for the User's personal and private needs. Any reproduction or representation made for other purposes is authorized only with MM's express, written, and prior consent. In particular, the User is not authorized to download, copy, alter, modify, adapt, delete, distribute, transmit, broadcast, sell, rent, license, or exploit the Site and MM Content in whole or in part, in any way whatsoever, without MM's express, written, and prior consent.

Any use other than that of the Site or MM Content constitutes infringement and is sanctioned under intellectual property law, unless prior express and written authorization from MM is obtained.

PROTECTION OF PERSONAL DATA

The use of the Site by the User and the creation of a User Account involve the processing of personal data. To learn more about the processing carried out using their data, the User is invited to consult the Privacy Policy accessible via the following link: https://mouratoglou-apparel.com/en/policies/privacy-policy.

DURATION

These T&Cs apply as long as the User uses the Site.

DISPUTE RESOLUTION AND APPLICABLE LAW

Amicable solution: In the event of a dispute regarding the use of the Site and/or related to the conclusion, validity, interpretation, execution, non-performance, or termination of the T&Cs, the User and MM must attempt to find an amicable solution before any legal action or recourse to mediation, it being understood that this approach does not interrupt the deadline for action. To do so, the User can contact MM using the address available in Article 12 of the T&Cs.

If the consumer customer does not consider MM's definitive response satisfactory, the consumer customer has the option to initiate a request for amicable resolution by mediation, within a period of less than one year from their written complaint to MM, for all consumer disputes, with SAS Médiation Solution, which has been designated as consumer mediator.

To refer the matter to the mediator, the consumer customer must make their request either:

In writing: SAS Médiation Solution, 222 chemin de la bergerie, 01800 Saint Jean de Niost. For questions, the telephone number is as follows: 04 82 53 93 06. By email: contact@sasmediationsolution-conso.fr By completing the online form "Submit to the mediator" on the website, accessible on the mediator's website. The conditions and documents to be provided to access this mediation are indicated on the mediator's website.

Furthermore, the European Commission provides an online platform for alternative dispute resolution (ODR platform), accessible at https://ec.europa.eu/consumers/odr.

Applicable law and jurisdiction: All provisions in the T&Cs will be subject to French law and to the competent courts in the absence of an amicable agreement. This choice of law has no effect on the User's right to benefit from the applicable consumer protection regulations in their country of residence.

CONTACT MM

The User can obtain information or ask questions to customer service by:

email at the following address: hello@mouratoglou-apparel.com, or

postal mail at the following address: 3550 route des Dolines, 06410, Biot.