LEGAL DISCLAMER & DATA PROTECTION

TERMS OF USE OF THE WEBSITE

www.parfums-salvadordali.com

Welcome to the www.parfums-salvadordali.com site (hereinafter the "Website") browsing and use of which are governed by these Terms of Use of the Website (hereinafter the "Terms of Use"), which must be accepted and complied with by all Internet users wishing to access and use the Website, whether or not they are customers (hereinafter referred to as the "User" or the "Users"), whatever their country of residence.

The act of accessing and browsing the Website constitutes full acceptance of the Terms of Use by the Users of the Website and the Cofinluxe Company advises them to read the Terms of Use and print them out.

To buy products sold on the Website, Users should also read, accept and print out the "Terms & Conditions", accessible by clicking on the following link: Read the Terms & Conditions.

However, the Cofinluxe Company informs the Users that all orders and sales of Salvador Dali Products on the Website are exclusively for customers residing in France Metropolitan, in Corsica, in Monaco and in Germany, Austria, Belgium, Denmark, Spain, Finland, Greece, Ireland, Italy, Luxembourg, Netherlands, Portugal, Slovenia, Sweden. Orders from customers residing outside the territories mentioned above and/or wanting to be delivered outside of these territories would be refused.

This Terms of Use are a translation in English of the French version of the « Conditions Générales d’Utilisation du Site » available on the Website.

In case of discrepancy between the different versions or its interpretations, the French version of the Conditions Générales d’Utilisation du Site shall prevail on all the other versions in other language especially in English language.

The Cofinluxe Company Customer Service is available to Users and customers requiring information on the Terms of Use or the Terms & Conditions:

By mail: Cofinluxe Customer Service - 6, rue Anatole de la Forge 75017 Paris France

By email: relationclients@parfums-salvadordali.com

I - Legal Disclaimer

The www.parfums-salvadordali.com Website is created and published by the Cofinluxe Company, whose head office is located at 6, rue Anatole de la Forge 75017 PARIS FRANCE, Tel 00 33 1 55 37 71 72, registered with the Chamber of Commerce of Paris under number 306 063 378, capital social 150304 euros (VAT registration No. FR 07306063678), represented by Mr. Jean-Pierre GRIVORY, its Chairman and Managing Director.

The Director of Publishing of the Website is Mr. Jean-Pierre GRIVORY and the Website is hosted by ONLINE SAS with capital of 214 410,50 Euros registered with the Chamber of Commerce of Paris under number RCS Paris B 433 115 904. The registered office of ONLINE SAS is at 8 rue de la Ville l’Evêque 75008 Paris France..

In accordance with the Law on Data Privacy [CNIL] of January 6, 1978, the Website has been declared to the CNIL under number 1570691v0.

II - Conditions for Access and Use of the Website

2.1 Scope and Purpose of the User Conditions

www.parfums-salvadordali.com is a website for information on, and sale of, the Salvador Dali range of perfumes created and marketed by Cofinluxe Company.

The Website is intended for non-professional adult individual Users acting for their personal and private use.

2.2 Personal Data

2.2.1 Terms and Conditions for the Collection and Processing of Personal Data

The Website collects personal data identifying the User during his browsing of the Website and completed by the User when registering for the Newsletter or when creating a customer account.

Cofinluxe company undertakes to only lawfully process personal data in accordance with the legal basis provided by the applicable regulation (Users consent, proper implementation of the contracts, respect of a legal obligation, legitimate interests as the data treatment does not infringe any individuals’ rights) and therefore only collects the personal data necessary and proportionate to the legitimate purpose defined in 2.2.2 and voluntarily submitted by the Users.

It is however specified that Users cannot access certain Website services or purchase the products sold on the Website without providing the personal information required during registration with the Website.

Creating a customer account is required to order products on the Website.

While creating their customer account or registrating on the “Newsletter” page of the Website, Users are informed of the mandatory or optional nature of the personal data and the consequence, for them, if no answer is given.

To create a customer account, the User must provide on an online form his title, full name, email address, mailing address (the shipping and billing addresses can be differentiated), telephone number and must choose a user name and password allowing them to create and access his online customer account, under secure conditions.

Payment for the products ordered is made by credit card, by accessing the remote secured credit card payment platform managed by the authorized payment institution Dalenys Payment, headquartered at 55 Rue Raspail, 92300 Levallois-Perret, registered with the RCS of Nanterre under number 443222682 (hereafter "Dalenys Payment"), pursuant to Article 6 of the Terms of Use or via PayPal.

The User guarantees the authenticity and accuracy of all the data that he inputs on the Website as proof of his identity. He undertakes to update it and may modify it at any time online, by means of his username and password.

The User agrees to maintain the confidentiality of his Site access data (username and password) and his banking data, for which he is solely responsible.

When creating his customer account, or by registering on the "Newsletter" website page, the User may choose to receive marketing offers from the Cofinluxe Company and/or its partners by checking the appropriate boxes. He may change his choices at any time online, using his username and password.

Cofinluxe company keeps the personal data for a limited time determined in accordance with the purpose of the treatment and the legal and reglementary provisions in force.

Personal data is collected, recorded and stored in accordance with the General Data Protection Regulation (GDPR) in force and Law 78-17 on Data Privacy of January 6, 1978. The collection and processing of personal data has been subject to a CNIL No. 1570691 declaration.

2.2.2 Recipients of Personal Data and Purpose of the Processing

The purposes of the collection and processing of the personal data of Users are to:

• Provide information and offer services (presentation of products, sending of newsletters, sales offers), if the User has agreed to receive newsletters, to be informed of sales offers from the Company and/or its affiliates,

• Manage the Website and customer relations: correspondence with Users and customers, customer order management and delivery of the products ordered on the Website, monitored by customer relations,

• Facilitate Users' browsing on the Website,

• Conduct confidential statistical studies to improve the quality of our services and adapt them to the expectations of Users of the Website.

The personal data can also by used in order to pursue the legitimate interests of Cofinluxe company, among which protection and development of activites and the enhancement of the products and services offered to the Users, search for new products and markets, fight against fraud, etc.

These treatments are implemented in conditions that allow preservation of the Users’ rights by informing them or allowing them to oppose to such treatment for example.

The personal data collected on the Website are intended for use by Cofinluxe company and may, where appropriate, be temporarily communicated to third parties performing services on behalf of Cofinluxe company in connection with the operation and management of the Website and customer orders and/or to partners of Cofinluxe company, if the User has agreed to be informed of the sales offerings from them, by checking the box provided for this purpose. In accordance with the contract between Cofinluxe company and Dalenys Payment, the manager of the remote secured credit card payment platform, the information concerning holders of bank cards, which is needed for the execution of payment orders and their security, shall only be used and shall only be distributed to third party entities for the sole purposes of processing payment transactions by credit card or to meet legal and regulatory obligations.

Payments with PayPal are also accepted.

The personal data will not be transferred out of the European Union. However, If personal data was to be transferred out of the European Union, Users are informed that Cofinluxe company will take all necessary measures in order to ensure that the recipient countries of the personal data ensure a level of personal data protection equivalent to that of the european and french provisions.

2.2.3 Rights of Users

Users can modify their personal data on the Website through usernames and password and change their choices using the unsubscribe link placed at their disposal in the offers or newsletters sent by email if they no longer wish to receive them.

In accordance with the General Data Protection Regulation (GDPR) and the “Informatique et Libertés” Law of January 6th, 1978 in its latest version, any User of the Website has the right to oppose or limit the treatment of his/her personal data and a right to access, correct and suppress his/her personal data.

Any User also benefits from the right to receive, in digital form, his/her personal data (personal data portability) when he/she has agreed to their treatment or when such treatment is processed as part of performance of a contract.

The User’s request could be made at any moment by mail :

Service clients Cofinluxe : 6, Rue Anatole de la Forge 75017 PARIS France
Or by e-mail to : relationclients@parfums-salvadordali.com.

The User's request must be accompanied by a copy of his ID or passport, to ascertain his identity.

The User also benefits from the right to make any claim against the CNIL (Commission Nationale Informatique et Libertés - french commission for protection of personal data) about the collection and treatment of his personal data.

2.2.4 Cookies and Web Beacons

The Website may use files called "cookies" and "web beacons" that facilitate browsing on the Website, record information related to Users' Internet browsing on the Website and may be used for purposes of sales statistics to analyze and quantify the use of the Website.

A “cookie” is a file sent on your terminal via your browser. The term“cookie” covers all the trackers laid and/or read, namely during consultation of the Website, reading of an email, installation or use of a software or of a mobile application, whatever the medium.

The presence of links to social medias on our Website might allow to access or interact with certain social medias (Facebook, Twitter, etc.), which may use “cookies” and “web beacons” on your terminal via our Website. Cofinluxe company does not take part in the laying of, nor in the reading of these “cookies” and/or “web beacons” and does not collect and does not know the information collected via these cookies.

The user may oppose the insertion of "cookies" by setting the parameters of his computer according to the information shown on the website of the CNIL http://www.cnil.fr cookies section.

2.2.5 Hyperlinks

For information purposes, the Website may contain hyperlinks to other third party websites or Internet sources, whose information, content, advertising, products and services, which may change after the creation of hypertext links, are neither controlled nor monitored by Cofinluxe company and are published under the sole responsibility of the natural or legal persons responsible for such third party websites or Internet sources

Users are responsible for consulting the legal information (Terms of Use, Legal Disclaimer etc.) appearing on the websites to which they may have access via the hyperlinks on the Website, before using them under their sole responsibility.

Without prior written authorization from Cofinluxe company, Users are not permitted to display on their own website or on any other medium, a hyperlink to access the Website, or to insert a hyperlink on the Website directing Internet users to another website. More generally, any use of any element of the Website must first be specifically authorized by Cofinluxe company, which reserves the right to revoke this authorization at any time.

2.3 Security

Given the current state of knowledge, it is technically impossible to guarantee unfailing security of the data exchanged on Internet’s open network. Cofinluxe company has however taken all reasonable measures to ensure the greatest confidentiality to the personal data communicated by its Users and to protect the actions performed on the Website (antivirus, security audits, anti-intrusion tests, restricted access to the Website’s back office etc.) in order to prevent namely robbery, use without consent, deformation etc. of the personal data. This personal data is only visible by an entitled personnel, aware regarding questions of personal data protection.

In case of violation of personal data, Cofinluxe company will notify the CNIL (Commission Nationale Informatique et Libertés - french commission for protection of personal data) in the form and time provided for by the General Data Protection Regulation (GDPR) in force and the “Informatique et Libertés” law of January 6th, 1978 in its latest version.

In the same way, Dalenys Payment company and PayPal Company, managers of the securised distant payment by credit card platform, submitted to the same protection of personal data obligation, have declared to Cofinluxe company that they have taken all useful and reasonnable dispositions to secure the payments.

2.4 Liability

The User states he has full legal capacity to agree to the Terms of Use.

Access to the Website requires a personal computer and an Internet connection, which are not provided and for which the User is solely liable and responsible.

Interaction with Cofinluxe company and its Customer Service (including postage) is the sole responsibility of the User.

The User is solely responsible for maintaining his computer data (data, computer files, software etc.) and the protection of his computer equipment against attacks, viruses and computer intrusions, of whatever nature and it is for them to protect such equipment with software of his choice.

The User uses the Internet at his own risk and sole responsibility. He undertakes not to infringe the rights of other Internet users and to comply with the national and international laws and regulations governing the use of the Internet.

Although Cofinluxe company strives to keep the Website accessible at all times and make every effort to preserve security, Cofinluxe company offers no warranties to Users and assumes no responsibility concerning the following aspects, but not limited to them:

• The continued availability, operation and performance of the Website,

• The completeness of the information contained on the Website and the absence of errors or omissions,

• Any external intrusions of any kind, which may contaminate or damage the Users' IT hardware or data,

• The browsing or use of the hyperlinks on the Website,

• The faulty or fraudulent use, by a third party, of Users' IDs and passwords and the theft of the Users' identity and payment means,

• Compliance with the legal or regulatory provisions and the accuracy or reliability of the information, communications, publications or any other content that may be provided, published or sent by Users, or shown on the pages accessible via hyperlinks on the Website.

The User authorizes Cofinluxe company to suspend, reduce or deny at any time the use of the Website to any User not complying with the Terms of Use, without prejudice to any damages that Cofinluxe company reserves the right to claim from the User for the damages it may have suffered.

To be taken into account by Cofinluxe company, any claim relating to the Terms of Use of the Website should be made within a maximum of 6 (six) months from the onset of the reason for the claim to the following address:
Cofinluxe Customer Service - 6, rue Anatole de la Forge 75017 PARIS France and be accompanied by all evidence to justify the merits of the claim.

2.5 Intellectual Property

The Website and its materials are protected by intellectual property rights (copyright, related rights, trademarks, design and model rights, patent rights, sui generis database rights) in accordance with French law and international conventions. The same holds also for, but is not limited to, creations, illustrations, images, photographs, graphics, videos, logos, brands, designs and models, brand names, domain names, texts, databases on the Website, and the Website tree structure and its layout.

The contents of the Website and the intellectual property rights attached thereto are owned by Cofinluxe company, its contractors and partners and any use, dissemination, reproduction in whole or part of the contents of the Website without permission from Cofinluxe company is strictly prohibited and punishable by civil and criminal penalties.

2.6 Background and Applicable Law

The Terms of Use of the Website may be updated regularly. Updated changes to the Terms of Use shall be applicable as and when they are first released online.

If any provision of the Terms of Use were to be invalidated by any Law, Regulation or the final decision of a competent court, the other provisions shall retain their full force and scope.

The Terms of Use are subject to French law and any dispute arising from validity, interpretation or execution or performance of the present General Conditions shall be submitted to French Courts.

The consumer User acknowledges that he/she is perfectly informed of the possibility to refer to the consumer ombusdman, to use conventional mediation or any other alternative dispute resolution, with prior agreement of Cofinluxe in the last two cases.

In accordance with Article L. 612-1 of the French Consumer Code, you can use the MEDICYS mediation service for free: electronically: conso.medicys.fr, or by post: MEDICYS - 73, Boulevard of Clichy 75009 Paris


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