GENERAL TERMS AND CONDITIONS OF SALE
Givenchy.com – version dated november 19, 2020
Please carefully read these General Terms and Conditions of Sale (including the specific terms and conditions of sale of the Special NFT PACKAGE defined below), General Terms and Conditions of Use and the “Personal Data and Cookies” Charter of the givenchy.com website. You can also print the full text of these General Terms and Conditions of Sale through the print function of your browser.
Use of the remote sales process described in the these General Terms and Conditions of Sale is restricted to consumers only, (i) as defined by law and case law, and (ii) acting exclusively on their own behalf.
TERMS OF SALE
1. Identification of the seller
These General Terms and Conditions of Sale are those of GIVENCHY, a French société anonyme (corporation) with a share capital of €18,000,000, whose registered office is at 3, avenue George V - 75008 Paris - France, registered with the Trade and Companies Register under number 552 051 229 RCS Paris. Its Siret number is 552 051 229 00011 and its intra-Community VAT number is FR 46 552 051 229. Its telephone number is the following: 00 800 0000 1952 (toll-free number for all calls from Europe); e-mail: firstname.lastname@example.org
2. Scope and acceptance of the General Terms and Conditions of Sale
These General Terms and Conditions of Sale apply to all sales of GIVENCHY products concluded either through the Customer Service department implemented by GIVENCHY and contactable by telephone at 00 800 0000 1952 (toll-free number for any call made from Spain ) or via the Givenchy Customer Service postal service - 159, avenue Charles de Gaulle, 92521 Neuilly-Sur-Seine cedex, France (hereinafter “Customer Service”), or via the merchant site accessible from the Spanish version (available, for the convenience of the customer only, in four languages: French, English, Italian and simplified Chinese) of the givenchy.com/eur/fr site (hereinafter the “Site”), for delivery in Spain only, this term being understood as excluding Ceuta, Melilla, La Envia, Formentera and Canary islands:
- (i) In the case of telephone sales, any sale of GIVENCHY items via the Customer Service department implemented by GIVENCHY is concluded subject to the resolutory clause of these General Terms and Conditions of Sale, previously accepted by the customer via telephone.
- In the case of electronic sales (Internet), the customer declares to have carefully read these General Terms and Conditions of Sale prior to the placement of the order and he/she will then be asked to confirm his/her acceptance of the General Terms and Conditions of Sale during each purchase on the Site by checking the box “I have read and I accept the General Terms and Conditions of Sale and Use, as well as the ‘Privacy and the Cookies Policies of the givenchy.com site. The confirmation of his/her order therefore constitutes acceptance without restriction or reservation of these General Terms and Conditions of Sale. In accordance with the provisions of Article 1127-1 of the French Civil Code, these General Terms and Conditions of Sale may be saved by any person visiting the Site by means of a computer download and may be reproduced via printing. GIVENCHY reserves the right to make any changes to its General Terms and Conditions of Sale. However, orders will be governed by the General Terms and Conditions of Sale in force at the time when said orders were placed by the customer. In the event that, subsequent to the date of their removal from the de.givenchy.com site, an outdated version of the General Terms and Conditions of Sale remains available to the public via other websites or by any other means other than on the www.givenchy.com site or through Customer Service, these Terms and Conditions would no longer, however, be binding on GIVENCHY for the orders placed after said removal.
3. Ordering methods
3.1 Telephone orders
Orders will only be received in English by GIVENCHY Customer Service at 00 800 0000 1952 (toll-free number for all calls made from Europe), Monday through Saturday from 10:00 am to 7:00 pm (Berlin time), except holidays, for delivery to “mainland Spain” (this term being understood as excluding Ceuta, Melilla, La Envia, Formentera and Canary Islands.
3.2 Internet orders
The merchant Site accessible from the Site allows for the ordering of a selection of GIVENCHY products (hereinafter the “Product(s)”) immediately online via the Internet for delivery to “mainland Spain” (this term being understood as excluding Ceuta, Melilla, La Envia, Formentera and Canary Islands. Customers can obtain additional information by contacting Customer Service by telephone.
4. Product information and availability
Information relating to all GIVENCHY Products that may be sold on the Website, through Customer Service or through the Stores is available in the Stores and on the Website. This information complies with the requirements of the legal and regulatory texts in force.
Product visuals appearing on the Website may be altered according to the quality of the equipment used by the customer to access the Website or the visuals. In this case, GIVENCHY may not be held responsible. It is stipulated that the customer may always exercise his/her right of withdrawal in accordance with Article 10 "Right of withdrawal – returns, exchanges, refunds.”
Our Product offerings and prices are valid as long as they are visible on the Website or available in Stores, within the limit of available stock. Errors or modifications may exist in exceptional cases, particularly in the case of simultaneous orders of the same Product by several customers.
In any event, and in the case of total or partial unavailability of Products after placing an order, the customer will be informed by e-mail as soon as possible of the unavailability of the Product and of the total or partial cancellation of his/her order.
In the event of total cancellation of the order, and depending on the selected payment method, GIVENCHY Customer Service, or the Store that dealt with the initial order, will contact the customer to inform him/her of the cancellation of his/her order and proceed with a refund, which will take place as soon as possible within no later than fourteen (14) days.
In the event of partial cancellation of the order:
- The customer will be shipped the available Products. Customer Service or Store will contact the customer to inform him/her of the unavailable products and proceed with a refund, which will take place as soon as possible, and no later than fourteen (14) days following shipment of the available Products.
- GIVENCHY reserves the right, at any time and without prior notice, to change the Products offered on the Website and/or offered for sale at the Stores. To ensure better quality of service and availability of our Products to all customers, GIVENCHY reserves the right to limit the quantity of Products a customer can purchase, in accordance with the applicable provisions, in particular those of article L.121-11 of the French Consumer Code.
5. Ordering process through the Website or Customer Service
5.1. Selection of Products
At any time, the customer may add Products to his/her selection by clicking “Add to cart,” and choose to complete his/her purchases or continue browsing.
The customer may view his/her selection by hovering over or clicking “your cart” in the top right menu, where the following will appear: the photo(s) of the Product(s), the color(s) and reference(s), the quantity selected, the unit price(s) and the subtotal of the selection. The customer may freely modify his/her online “Cart” containing the selected Products, remove an initially selected Product, modify the quantities ordered or add a Product by clicking the corresponding items made available within the “Cart.”
After selecting the Product(s), click “Check Out” to begin the ordering process.
- Ordering through a customer account
If the customer already has a customer account, at this point he/she must identify himself/herself by entering his/her password.
If the customer does not yet have an account, he/she will be invited to create one by entering his/her e-mail address and creating a password. For the Site's mobile version, he/she will be asked to enter this information during the identification process.
Usernames and passwords are strictly personal, therefore the customer undertakes to keep them safe and to never communicate them to third parties. GIVENCHY shall, in no event, be held liable for any loss, theft or fraudulent use of the customer's account, in which case the latter undertakes to inform GIVENCHY immediately.
Creating an account allows the customer to:
- track deliveries and review order history;
- return or exchange Products;
- add or change his/her delivery or billing address for future orders;
- manage his/her subscriptions to the GIVENCHY newsletter.
If the customer has a customer account, he/she may have his/her account deactivated at any time by sending an e-mail to Customer Service by clicking on the “Customer Service” link. After deactivating his/her account, the customer is free to create a new account at any time.
- Ordering as a guest without a customer account
The customer may also log in as a guest, without creating an account. Only a title, first name, last name and e-mail address, as well as the information necessary for the delivery of the order, are necessary to process the order. No customer account will be created and all customer details will need to be re-entered for future orders.
The data recorded by the Site constitutes proof of all transactions between GIVENCHY and its customers. In the event of conflict between GIVENCHY and one of its customers over a transaction carried out on the Site, the data recorded by GIVENCHY is considered as valid proof of the content of the transaction.
5.3. Confirmation of the order
5.3.a) Confirmation of the delivery method
The customer must, on one hand, confirm his/her delivery method and, on the other hand, complete the delivery information necessary for the proper shipment of his/her order: title, first name, last name, telephone number, shipping address. Upon confirmation of the delivery method, the customer may, for a gift order, include an accompanying card.
Once this step is completed, the customer must then click “Continue.”
5.3.b) Confirmation of the payment method and payment of the order
The customer may use his/her shipping address as the billing address or enter a different address. The customer will then be asked to select a payment method and to enter the related information and must then verify the accuracy of his/her selection before confirming the order.
Pursuant to the provisions of article 1127-1 of the French Civil Code, the customer, before finalizing his/her order, must have the option of verifying the details of such order, its total price and to correct any errors before confirming the order to express his/her acceptance of it.
At the end of the ordering process described above and after accepting the Terms of Sale, General Terms and Conditions of Use, the Privacy and Personal Data Protection Policy, and the Cookies Policy in their entirety, the customer must click the “Confirm your purchase” button. Any order entails an obligation to pay.
For more information regarding payment terms (currency, accepted payment methods, etc.), please refer to article 7 "Prices – Accepted payment methods” below.
Once completed, the order is sent to GIVENCHY for processing.
GIVENCHY reserves the right not to accept an order from a customer with whom it is in dispute over a previous order, or if GIVENCHY reasonably believes that the customer has breached these Terms of Sale or has engaged in a fraudulent activity, or for any other legitimate reason.
GIVENCHY will not confirm the order if it is not possible to obtain full payment for the corresponding price.
5.3.c) Acknowledgment of receipt and Confirmation of the order
A summary of the order acknowledging receipt of the order will then be sent by e-mail to the customer.
Once payment has been confirmed and duly completed, an order confirmation will then be sent to the customer by e-mail indicating the total amount of the order, information related to delivery times and costs, key features, and the quantity and price of the Products purchased.
The customer is advised to keep the acknowledgment of receipt and e-mail confirmation of the order on paper or electronically.
Pursuant to Article L213-1 of the French Consumer Code, when an order equals an amount equal to or greater than €120, GIVENCHY retains a written record of the contract concluded between GIVENCHY and a customer electronically for a period between the conclusion of the contract and the date of delivery of the goods, and for a period of ten years from the date of delivery (in accordance with Decree 2005-137 of February 16, 2005). The customer has access to this document at any time, upon request made to Customer Service by telephone at (toll-free number for any call made from Germany), Monday through Saturday from 10:00 am to 7:00 pm (Berlin time), except holidays, or by e-mail by clicking on the “Customer Service” link and providing a form of identity.
6. Prices - Accepted payment methods
The prices of Products are stated in Euros and include all taxes. GIVENCHY does not offer a VAT refund service for purchases that might be eligible for a tax refund.
Prices do not include shipping costs which are charged in addition to the price of the Products purchased. All orders are payable in Euros.
6.2. Accepted payment methods
GIVENCHY accepts the following payment methods for purchases on the Site or by telephone through Customer Service: Visa®, MasterCard®, and American Express® credit cards, PayPal and SOFORT.
- For telephone orders placed through Customer Service: the customer must confirm with Customer Service that he/she is the holder of the card that he/she is using, provide the card number and expiration date present on the front of their card, as well as the 3-digit security code present on his/her bank card.
- For orders on the Site: The customer must guarantee that he/she is the holder of the card used for payment. Credit card payments are authenticated and secured using the 3D Secure system. This device is also known as “Verified by Visa®,””MasterCard® SecureCode,” or “American Express SafeKey® ” During payment, the bank will request personal information from the customer in order to verify the identity of the cardholder and to validate the transaction.
How to pay with 3D Secure on givenchy.com
After validating his/her bank details (card number, expiration date, and security code), a new page will be displayed where the customer will need to enter the personal information requested by his/her bank. This information may be:
- the answer to a security question;
- a password previously selected by the customer;
- a code sent via text message;
- the customer’s date of birth, etc.
Once the 3D Secure code is entered and validated by the customer's bank, the order is finalized and the customer receives a message acknowledging receipt of his/her order. As authentication is specific to each bank, the customer is welcome to contact his/her bank directly regarding any questions on the subject.
Confirmation and shipment of the order will only take place after verification of the payment method and receipt of the authorization to debit the customer's card. The customer's account will be debited depending on the payment method used. In any event, if for any reason the debiting of amount owed by the customer proves to be impossible, the sale carried out through the Website or by telephone will be immediately withdrawn and the processing of the purchase canceled. The provisions of article 1341 of the French Civil Code are unenforceable for sales concluded remotely by GIVENCHY.
The information pertaining to the order is subject to automated data processing, for which CYBERSOURCE is responsible. The purpose of this automated data processing is to determine a transaction's analysis level and to combat credit card fraud. CYBERSOURCE and GIVENCHY are the recipients of the data relating to the customer's order. The non-transmission of the data relating to the order prevents the completion and analysis of the transaction. In the event of an outstanding debt due to the fraudulent use of a bank card, the contact information in relation to the order associated with this unpaid amount shall be recorded in a payment incident file implemented by CYBERSOURCE. An irregular declaration or an anomaly may also be subject to specific processing.
In accordance with regulations on personal data protection (French Law “Informatique et Libertés” n° 78-17 of January 6, 1978 amended by Law n° 2004-801 of August 6, 2004, the European General Data Protection Regulation of April 27, 2016, and French implementation law n°2018-493 of June 20, 2018 on the protection of personal data), the customer has the right to access, rectify, and oppose all his/her personal data at any time by writing, via mail and with proof of identity, to GIVENCHY - Customer Service - 159, avenue Charles de Gaulle, 92521 Neuilly-Sur-Seine cedex, France.
7. Reservation of ownership
The Products ordered remain the full and whole property of GIVENCHY until complete payment of the amount to GIVENCHY in principal, with fees, taxes and compulsory contributions included.
However, the customer assumes the risks (including loss, theft, or deterioration) associated with the Products delivered from the moment they are delivered to the address indicated at the time of the order.
8. Terms of delivery
Delivery The Products purchased on the Site or by telephone through Customer Service can only be delivered to “mainland Spain” (this term being understood as excluding Ceuta, Melilla, La Envia, Formentera and Canary Islands. It is not possible to place an order for any shipping address located outside this Delivery Zone. For security reasons, GIVENCHY will not process any order for which a post office, P.O. box, hotel, business address, university campus address or Cedex address is provided. Products are shipped to the shipping address indicated by the customer during the ordering process.
8.2. Shipping costs
Delivery of the Products ordered on the Site or by telephone through Customer Service is offered by GIVENCHY free of charge, whatever the order amount or delivery method chosen by the Customer.
8.3. Delivery times
The order will be delivered, by express delivery, within an indicative time frame depending on the shipping option selected by customer.
Delivery time frames will begin from the shipment of the order by our Customer Service or by the Stores, materialized by the order shipment notice sent by e-mail to the customer.
In accordance with the French Consumer Code, delivery of the Products ordered will take place within the delivery times communicated by GIVENCHY, and in the absence of any indication otherwise, at the latest within thirty (30) days from the order, subject to the full payment of the price.
GIVENCHY also offers the customer the option of purchasing a preview of selected products from its future collections. In this case, a special delivery time frame will be provided to the customer when placing the order. It should be noted that this time frame may be longer than thirty (30) days from the order.
9. Sending of receipt by mail
The customer has a period of 12 months from the date of the Product's delivery to request the sending of a receipt via postal service by contacting Customer Service by telephone at 00 800 0000 1952 (toll-free number for any call made from Europe), Monday through Saturday from 10:00 am to 7:00 pm (Paris time), except holidays, or by e-mail by clicking on the “Contact” link in the Customer Service section and providing proof of identity.
10. Right of withdrawal – returns, exchanges, refunds
10.1. Right and period of withdrawal
The customer is entitled to a legal right of withdrawal that he/she may exercise under the conditions provided for by articles L. 221-18 and L. 221-20 of the French Consumer Code, if they meet the conditions set forth by these provisions, without needing to justify his/her reasons or pay penalties. Concerned with ensuring the satisfaction of its buyers and order recipients, GIVENCHY allows its customers to withdraw within thirty (30) days from the date of delivery of the Products, without needing to justify their reasons or pay penalties. After this period, the customer will no longer be able to exercise his/her right of withdrawal. If the order in question was for several ordered Products and if the Products were delivered separately, this period will start from the time the customer took possession of the last delivered Product.
10.2. Procedures for exercising the right of withdrawal
GIVENCHY offers its customers the option to fill out and submit his/her withdrawal statement online by logging in to their customer account or by contacting Customer Service or the Stores. The customer will then receive immediate confirmation of his/her withdrawal by e-mail.
The customer may also, before the expiration of the aforementioned thirty (30)-day withdrawal period, use the withdrawal form located at the bottom of these Terms of Sale, or send any other clearly-worded statement expressing his/her desire to withdraw to the following address for an order placed through the Website or the Customer Service Department, or to the addresses of the Stores in the event of an order placed through the Stores:
GIVENCHY - Customer Service - 159, avenue Charles de Gaulle, 92521 Neuilly-Sur-Seine cedex, France
In accordance with Article L. 221-28 of the French Consumer Code, the right of withdrawal may not be exercised, in particular, for orders relating to the supply of goods which have been unsealed by the consumer and that cannot be returned for hygiene and health protection reasons.
10.3. Consequence of the right of withdrawal
Within the framework of a return or in the event of nonconformity of the Product, the customer may return the purchased Product(s) and request a refund under the conditions described in below article 12 ”Terms of returns and refunds”.
11. Terms of returns and refunds
For orders placed through the Website or through Customer Service for delivery to mainland France, the customer may, to return the received Products, and according to his/her choice, benefit from a Product collection service at the location of his/her choice (in mainland France) or return them to the Store at his/her own expense.
For orders placed through the Stores for delivery in France and the European Union or for an Export Sale, the customer may return the received Products by sending them at his/her own expense and risks to the address of the Store specified in Article 2 (iii) above. The costs related to returning the Products will be borne by the customer.
In all cases, the customer must return the delivered Products in their original packaging; they must be complete (with boxes, accessories, covers, booklets, etc.) and accompanied by the return voucher and/or return number. Products returned incomplete, damaged, deteriorated, soiled or in any other condition that wouldreasonably lead to the conclusion that they have been used or worn will not be refunded or exchanged and will be returned to the customer.
It is stipulated that for orders delivered to third parties who are recipients of gifts ordered by a customer, via the Website or telephone through Customer Service, only the customer who bought the gift may request the refund within the framework of the right of withdrawal (to the extent that only the bank account of the person who ordered the product may be re-credited).
11.bis No exchange
No exchange of Products purchased electronically or by telephone will be made by GIVENCHY.
12. Legal guarantees
The Products sold by GIVENCHY are subject to the legal warranty conditions provided for by Articles L217-4 et seq. of the French Consumer Code, and by Articles 1641 et seq. of the French Civil Code, to the exclusion of all other warranties:
- Legal guarantee of conformity:
GIVENCHY will deliver a product which conforms to the contract and is held liable for any lack of conformity which exists upon delivery, and the Product must be suitable for the purpose usually associated with such a product and have the features that were presented during the sale. GIVENCHY also holds itself liable for any lack of conformity caused by the packaging, the assembly instructions, or the installation, if responsible for the latter, or had it been carried out under its responsibility. This guarantee will only apply on the condition that the customer makes a claim within two (2) years of delivery of the Product. The customer is exempt from providing proof of the existence of the lack of conformity of the goods during the twenty-four (24) months following delivery of the Product.
The customer may opt to have the Product repaired or replaced, unless one of these options results in a clearly disproportionate cost for GIVENCHY. If repair or replacement of the Product is impossible, the customer may receive a refund of the price paid and return the Product, or keep the Product and have a part of the price refunded, unless the lack of conformity is minor. The return, replacement or reimbursement of the Product will occur at no cost to the customer and do not preclude the possible award of damages in the event that the customer may be entitled to it.
- Legal guarantee against hidden defects:
GIVENCHY will deliver a Product free of hidden defects that render them unfit for their intended use, or that impair their use in such a way that the buyer would not have bought them, or would have paid a lower price for them if they had known of the defects. This guarantee will only apply on the condition that the customer makes a claim within two (2) years from the discovery of the defect.
In the case of a hidden defect, the customer has the choice either to return the Product and receive a refund of the price and costs incurred by the sale, or to keep the Product and have a part of the price refunded. In all cases, it will be up to the customer to prove that he/she fulfill the conditions of the guarantee.
In the case of a lack of conformity or hidden defects, the customer must contact Customer Service at 00 800 0000 1952 (toll-free number for any call made from Europe) so that it may arrange a return for the Product(s) in question. Summary of Articles L. 217-4, L. 217-5, and L. 217-12 of the French Consumer Code and Articles 1641 and 1648, first paragraph, of the French Civil Code:
Article L.217-4 of the French Consumer Code: “The Seller is required to deliver a product which conforms to the contract and is held liable for any lack of conformity which exists upon delivery. The Seller is also held liable for any lack of conformity caused by the packaging or the assembly instructions, or the installation if they were responsible for the latter, or had it carried out under their responsibility.”
Article L.217-5 of the French Consumer Code:
“To conform to the contract, the product must:
1° Be suitable for the purpose usually associated with such a product and, if applicable:
- correspond to the description given by the Seller and have the features that the Seller presented to the buyer in the form of a sample or model;
- have the features that a buyer might reasonably expect it to have considering the public statements made by the Seller, the producer or their representative, including advertising and labeling;
2° Or have the features defined by mutual agreement between the parties or be suitable for any special requirement of the buyer which was made known to the Seller and which the latter agreed to.”
Article L.217-12 of the French Consumer Code:
“Action resulting from lack of conformity lapses two years after delivery of the product.”
Article 1641 of the French Civil Code:
“The Seller is bound to a guarantee against hidden defects in products sold that render them unfit for their intended use, or that so impair their use that the buyer would not have bought them, or would have paid a lower price for them if they had known of the defects.”
Article 1648 first paragraph of the French Civil Code:
“An action resulting from redhibitory defects must be brought by the buyer within two years from the discovery of the defect.”
For any information, claim, or question relating to these Terms of Sale, the Products themselves or carrying out an order, the customer should contact GIVENCHY Customer Service 159, avenue Charles de Gaulle, 92521 Neuilly-Sur-Seine cedex, France) by telephone: 00 800 0000 1952 (toll-free number for any call made from Europe), or through the Website via the form available in the Customer Service “Contact” section, providing their order number if necessary.
14. Electronic Files/Privacy
As part of the management and tracking of orders placed through Customer Service, the Stores or through the Website, GIVENCHY is required to gather and process personal data relating to its customers. This information, which is intended for the persons authorized by their function to possess it within GIVENCHY, and where applicable, by authorized third parties, is necessary for the processing and tracking of customers’ requests or orders, in order to better meet their expectations, as well as prevent any fraudulent use of their payment methods or identities.
Within the framework of the "In-Store pickup" service, and when the Product(s) ordered online by the customer is/are collected in-Store, the Stores will be required to verify the customer’s identification (ID card or passport) or that of the person the customer designates when placing an order on the Website to pick up their order. A copy of the form of identification may be made in-store in order to ensure the customer’s security and to prevent any fraudulent use of the customer’s payment method and/or their identity.
In accordance with the Regulations on Personal Data Protection (the aforementioned French Law “Informatique et Libertés”, the European General Data Protection Regulation of April 27, 2016 and any national law supplementing it), any person whose data is subject to processing has a right of opposition for legitimate reasons, a right of access, as well as a right to rectify, limit or delete information concerning them which is no longer relevant, a right to portability, a right of opposition at any time in the context of an opposition to the use of data for commercial purposes, as well as a right to communicate directives relating to the fate of their data after their death. These rights can be exercised according to the terms indicated in the confidentiality and Personal Data Protection Policy of this Website, accessible at following link: Personal Data Protection Policy.
15. Force Majeure
The performance by GIVENCHY of all or part of its obligations will be suspended upon the occurrence of an event of force majeure according to article 1218 of the French Civil Code which would impede or delay such performance.
GIVENCHY will inform the customer of the occurrence of any such fortuitous event or event of force majeure within seven (7) days. Should this suspension continue for more than fifteen (15) days, the customer would then have the option to terminate any outstanding orders, and a refund would then be paid no later than fourteen (14) days from said termination.
Under no circumstances can GIVENCHY be held liable for any damage which does not result from GIVENCHY's failure to comply with one of its obligations.
17. Language of the contract
For the convenience of customers, the Website and the Terms of Sale are available in four languages: French, English, Italian and Chinese. However, in the event of a contradiction between the French version and another language version, the French version shall prevail. Only the French version of the Terms of Sale is valid between the Parties.
18. Applicable Law – Disputes
These Terms of Sale are governed and interpreted in accordance with French law. In the event of a dispute related to the application and/or interpretation of these Terms of Sale, the customer has the option, before taking any legal action, to seek an amicable solution with GIVENCHY and to seek settlement with CMAP – Centre de Médiation et d’Arbitrage de Paris, the consumer mediator to which GIVENCHY reports. To submit a dispute to the mediator, the customer may (i) complete the form on the CMAP website: www.cmap.fr under the “you are: a consumer” tab (ii) send their request by regular or registered mail to CMAP Médiation Consommation, 39 avenue Franklin D. Roosevelt, 75008 PARIS, or (iii) send an e-mail to email@example.com. Whatever the means used to submit a dispute to CMAP, the customer's request must contain the following elements to be processed promptly: his/her postal address, e-mail and telephone number, as well as the full name and address of GIVENCHY, a brief statement of the facts, and proof of the preliminary steps taken with GIVENCHY. Notwithstanding the foregoing, in the event of a dispute, and in accordance with Regulation No. 1215/2012 of December 12, 2012:
- the customer may either refer the case to the court where he/she is resident of or to the French courts,
- GIVENCHY may refer the case to the court where the customer is resident.
(Please complete and return this form only if you wish to withdraw from the contract).
- To the attention of GIVENCHY - Customer Service, 159, avenue Charles de Gaulle, 92521 Neuilly-Sur-Seine cedex, France, or firstname.lastname@example.org
I/We [*] hereby notify you [*] of my/our [*] withdrawal from this contract for the sale of the good [*]/ for the provision of service [*]below
Goods ____________________ [reference] __________
Ordered on [*]/received on [*]: ______________
Name of consumer(s)
Address of consumer(s)
Signature of the consumer(s) (only in the case of notification of this form on paper)
[*] Cross out as appropriate.
NFT TERMS AND CONDITIONS OF SALE
This page (together with the documents we refer to on it) tells you information about us and the legal terms and conditions (“Terms”) on which we sell on our website (our “Site”) to you the references issued from GIVENCHY’s collaboration with BSTROY listed below (the “COLLAB PRODUCTS”) and offer an associated BSTROY x Givenchy by Felt Zine non-fungible token (“NFT”) on the Ethereum blockchain. The NFT is associated the digital twin of the COLLAB PRODUCT with a background designed by Felt Zine (“Artwork”) selected to be part of the NFT Special Package project.
BM011T6Y1R001 : HOOD VARISTY WOOL & GRAINED LEATHER
BM71GX3Y9J001 : CLASSIC FIT TSHIRT
BW00JV6Y1Q693 : SHARK LOCK WRAPED BOOT BIKER
BH0080H1DW494 : TK 360 PLUS MID SNEAKERS
BE702ME1ML457 : CROPPED VARSITY LEATHER SLEEVES
The COLLAB PRODUCT along with the NFT and associated Artworks are referred to as the “NFT Special Package” below, the COLLAB PRODUCT and the NFT being considered as inseparable and offered to you as a sole and unique experience and product.
Please not that:
this NFT might give you an early access to our upcoming Locks program (details to follow) and potentially to free additional NFTs that we might push within your NFT electronic account (i.e. compatible Ethereum account).
These Terms are organized in the three following parts:
A. Specific Terms and conditions applicable to the NFT Special Package
B. License to the NFTs and associated Artwork
These Terms, together with the general terms and conditions above constitute a contract between us for the sale of the NFT Special Package to you (Contract). Please read these Terms as well as our general terms and conditions carefully and make sure that you understand them before ordering the NFT Special Package from our site.
By ordering the NFT Special Package, you acknowledge being 18 years old or older and you agree to be bound by these Terms and the other documents referred to in these Terms. Please print a copy of these Terms for future reference.
GIVENCHY sells on its website to final customers only. Any order that obviously does not correspond to a retail sale and, more generally, any fraudulent order or order deemed as such, will be considered by GIVENCHY to be null and void. GIVENCHY reserves the right to restrict the quantities of any item delivered to the same purchaser and/or to the same postal address.
We may amend these Terms from time to time as set out in Section A. 11. Every time you order a NFT Special Package from our site, please check these Terms to ensure you understand the terms which will apply at that time.
A. TERMS AND CONDITIONS APPLICABLE TO THE NFT SPECIAL PACKAGE
1. INFORMATION ABOUT US We are GIVENCHY SA, a company registered in France with the Register of Commerce and Companies under the number 552 051 229 RCS Paris with registered offices at 3 avenue George V 75008 Paris France , (“GIVENCHY”, “we” or “us”). We operate the website www.GIVENCHY.com.
2. DESCRIPTION OF THE NFT SPECIAL PACKAGE
2.1. The description of the COLLAB PRODUCT on our site is approximate only and images of the COLLAB PRODUCT are for illustrative purposes only. Whilst we make every effort to be as accurate as possible on our site in the description of the COLLAB PRODUCT (including, without limitation, the size, weight, capacities and dimensions of the COLLAB PRODUCT) and to display colors accurately, any description is approximate only and we cannot guarantee that the colors displayed on our site accurately reflect the color of the COLLAB PRODUCT.
2.2. The packaging of the NFT Special Package may also vary from that shown in the images on our Site.
2.3. All NFT Special Packages shown on our site are subject to availability. We will inform you by e-mail as soon as possible if the NFT Special Package you have ordered is not available. If the NFT Special Package you ordered is not available, we will not process your order.
3. ORDER - HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
Please refer to sections 3, 5 and 6 of the general terms and conditions of sale above provided that order placed through Stores are not available for the NFT Special Package
4.1. The NFT Special Package is delivered through two channels: (i) the NFT is redeemable by following the process set out in Section B. 1 below and (ii) the COLLAB PRODUCT is shipped as further detailed below.
4.2. GIVENCHY delivers the COLLAB PRODUCT to the following countries: metropolitan France, Germany, Italy, Spain, Netherlands.
4.3. Please refer to section 9 of the General terms and conditions of sale above provided however that the NFT Special package cannot be purchased by telephone through the Stores.
4.4. You are invited to check the visible state of the package and COLLAB PRODUCT at the time of delivery. If there are any irregularities (missing or damaged COLLAB PRODUCT), you should follow the procedure below applicable to the refusal of delivery mentioned in the general terms and conditions of sale above.
5. PRICE OF THE NFT SPECIAL PACKAGE AND DELIVERY CHARGES
5.1. The prices of the NFT Special Package will be as quoted on our Site from time to time and payable in EUR only.
5.2. Our Site contains a limited number of NFT Special Packages. It is always possible that, despite our reasonable efforts, some of the NFT Special Packages on our site may be incorrectly priced. If the pricing error is obvious and unmistakable and could have reasonably been recognized by you as a mispricing, we do not have to provide the NFT Special Package to you at the incorrect (lower) price. In such case, we will contact you to inform you of this error and we will give you the option of continuing to purchase the NFT Special Package at the correct price or cancelling your Order. We will not process your Order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the Order as cancelled and notify you in writing.
Prices and accepted payment methods are defined in section 7 of the general terms and Conditions of sale above provided that orders placed through Store Is not available for the sale of the NFT Special Package.
7. RETURN OF THE NFT SPECIAL PACKAGE
7.1. Considering the digital component of the NFT Special Package, the right to return the NFT Special Package is subject to certain conditions detailed below.
7.2. As long as you have not redeemed your NFT by following the process set out in Section B. 1 below, and if for any reason you are not satisfied, we will gladly accept your return of the COLLAB PRODUCT within 30 days of receipt of the NFT Special Package at GIVENCHY expense. To return an item, please follow our return process described in section 11 of the general terms and conditions of sale above provided that returns in an eligible Store (section 12.2 of the General terms and conditions of sale) is not available for the NFT Special Package.
7.3. The decision to return the COLLAB PRODUCT as notified by you to GIVENCHY will automatically trigger the deactivation of the NFT, which will no longer be redeemable by you.
7.4. The COLLAB PRODUCT must be returned with the original receipt, in an unused state and in brand-new condition, with all original shipping and COLLAB PRODUCT packaging, protective materials, and tags in place.
7.5. We will not accept any return if the COLLAB PRODUCT shows signs of wear, other than what is necessary to establish the nature, characteristics and functioning of the COLLAB PRODUCT, or has been used or altered from its original condition in any way, or if the deadline mentioned above and in Section A. 7.2 has passed.
7.6. Notwithstanding anything contrary in these Terms, we will not accept any return of the COLLAB PRODUCT once you have accessed to your NFT in accordance with the provisions of Section B. 1 below due to the digital nature of the content of the NFT Special Package. Accordingly, you expressly agree that in case you click on the hyperlink mentioned in Section B. 1.2 (b) below to have access to your NFT during the return period referred to in this Section, you waive your right of return as the performance of the NFT Special Package would be deemed as having started at your request.
8. OUR LIABILITY TO YOU AS A CONSUMER
8.1. You benefit from the statutory guaranty of conformity and against hidden defect of the COLLAB PRODUCT as defined in our General terms and conditions of sale above. As a consumer, you also benefit from any mandatory provisions of the law of the country in which you are resident. Nothing in these Terms, including the choice of law clause below affect your rights as a consumer to rely on such mandatory provisions of local law.
8.2 We only supply the NFT Special Package for domestic and private use. Except as authorized under part B. below, you agree not to use the NFT Special Package for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
9. EVENTS OUTSIDE OUR CONTROL
9.1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an act or event beyond our reasonable control (“Event Outside Our Control”).
9.2. If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract: • (a) we will contact you as soon as reasonably possible to notify you; and • (b) our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of the NFT Special Package to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
10. HOW TO CONTACT US AND COMMUNICATIONS BETWEEN US
You can contact us for any reason using the various means described in section 14 of the general terms and conditions of sale above
11. OUR RIGHT TO VARY THESE TERMS
11.1. We may revise these Terms from time to time. You should read these Terms carefully prior to the purchase of the NFT Special Package from our site.
11.2. Every time you order the NFT Special Package from us, the Terms in force at the time of the Order will apply to the Contract between you and us.
11.3. If we revise these Terms and you have already placed an Order with us, the revised Terms will not apply to the Order that you have placed.
12. HOW WE USE YOUR PERSONAL INFORMATION
12.1. We use the personal information in order to (i) provide you with the NFT Special Package in particular your email address which is required in order for us to send you the Reedem email mentioned below and (ii) manage our contractual relationship with you under these Terms as further described in section 15 of the general terms and conditions of sale above. You hereby agree that, as part of our NFT community , we may reuse your electronic account to offer you free of charge additional NFTs that you will be totally free to redeem or not. In any case you have certain rights regarding Your personal information, including the following rights to: access Your personal information; rectify the information We hold about You; erase Your personal information; restrict Our use of Your personal information; object to Our use of Your personal information; receive Your personal information in a useable electronic format and transmit it to a third party (right to data portability); and lodge a complaint with Your local data protection authority.
B. LICENSE TO THE NFT AND ASSOCIATED ARTWORK
1. REDEEMING YOUR NFT AND ACCESSING ITS ASSOCIATED ARTWORK
1.1. We used smart contracts stored in the Ethereum blockchain to generate our initial series of NFTs. We will release a certain number of NFTs and allow certain customers purchasing eligible NFT Special Package on our site to redeem them. Be aware that each smart contract provides for royalties to be paid on secondary sales, if any, as follows: 3% to BSTROY, 5% to Felt Zine and 2% to Aura Blockchain Consortium
1.2. Each NFT will be stored in a personal Ethereum electronic account. Following completion of the purchase of your NFT Special Package on GIVENCHY website and as from the seventh day after shipment of the COLLAB PRODUCT to you, you will be able to redeem your NFT and access its associated Artwork as follows:
• Through a NFT Redeem email sent within seven days following the date of purchase of your NFT Special Package to your email address which you have given to Givenchy, you will have access to a unique hyperlink to request your NFT during a period expiring after 30 days after thereceipt of the Reedem email.. Please note that to access your NFT, you will need to have a Metamask (metamask.io) crypto wallet or any other compatible Ethereum crypto wallet. PLEASE NOTE THAT ONCE YOU HAVE CLICKED ON THE HYPERLINK TO REQUEST YOUR NFT ELECTRONIC ACCOUNT YOU WILL NOT BE ABLE TO RETURN THE COLLAB PRODUCT ANYMORE (please refer to Section B. 1.4 below) • Once you have clicked on the hyperlink, an e-mail containing a hyperlink through which you will be able to access to your private key and activate your Ethereum electronic account (and therefore access to your NFT and the associated Artwork) will be sent to you. PLEASE MAKE SURE YOU COPY OR DOWNLOAD YOUR PRIVATE KEY AS IT WILL NOT BE POSSIBLE TO RE-SEND YOU OR PROVIDE YOU WITH YOUR PRIVATE KEY AGAIN.
1.3. The NFT and associated Artwork is provided to you in the context of the purchase of one of our NFT Special Packages. You will only be able to click on the link, access the Ethereum electronic account and obtain the NFT once you have followed the process described above.
1.4. The COLLAB PRODUCT and the NFT being considered as inseparable and offered to you as a sole and unique experience and product, you agree that in case you click on the hyperlink mentioned in Section B. 1.2 (b) above to have access to your NFT during the return period referred to in Section A. 7 above, you will lose your right of return.
1.5. In the same fashion, in case you return your COLLAB PRODUCT in the conditions set out in Section A. 7 above, you agree that the NFT will not be accessible anymore.
2. OWNERSHIP OF THE NFT AND ASSOCIATED ARTWORK
2.1. You are the exclusive owner of the NFT, which is a cryptographic token on the Ethereum blockchain associated with GIVENCHY’s Artwork, but you do not own the underlying Artwork itself or any rights in the Artwork. This means that you have the right to dispose of your NFT, including to trade it, sell it, or give it away, in accordance with these Terms and in your sole and exclusive responsibility.
2.2. GIVENCHY and/or its licensors own all right, title and interest in and to the Artwork and any text, graphics, photographs, logos, data, computer code and other materials contained in the Artwork, including but not limited to any copyrights, trademarks, patent rights and other intellectual property and proprietary rights therein. We reserve all rights in and to the Artwork that are not expressly granted to you in these Terms. GIVENCHY grants you a limited license to the Artwork as detailed under Section B. 3 of these Terms.
3. LICENSE ON THE ARTWORK
3.1. (i) General use. Subject to your compliance with these Terms, GIVENCHY grants you a worldwide, non-exclusive, non-transferable, royalty-free license to perform the Artwork; and (ii) to market, promote, advertise and sell the NFT associated with the Artwork.
3.2. Commercial use. NFT owners may sell, trade, transfer, or use their NFTs, but may not make “commercial use” of the Artwork associated with their NFTs including, for example, by creating and selling copies of Artwork, licensing the Artwork for commercial purposes (e.g., to sell merchandise, products or services), or otherwise commercially exploiting the Artwork. You hereby acknowledge that your right to sell or transfer the NFT on specific platform or marketplace (ie secondary market) is subject to payment of the royalties defined in section 1.1. above applicable on the compensation you receive from the relevant purchaser. You hereby undertake and warrant to provide GIVENCHY with any information or personal data that would be requested to comply with any applicable regulations. You further acknowledges that any transaction related to the sale of the NFT requires the payment of the Blockchain Fees (e.g; the gas fee) for which you will be solely liable.
3.3. The license is granted for five (5) years as from your receipt of the NFT (or on the date on which the Ethereum blockchain ceases to exist if such date occurs prior to such 5-year period) only to the extent that you continue to own the NFT.
3.4. If at any time you sell, trade, donate, give away, transfer, or otherwise dispose of your NFT for any reason, the license granted herein will immediately expire with respect to that NFT without the requirement of notice, and you will have no further rights in or to the Artwork for that NFT.
3.5. You acknowledge and agree that, if you are in breach of these Terms, in addition to any remedies that may be available to GIVENCHY at law or in equity, GIVENCHY may immediately terminate the license that was granted to you without notice and, to the maximum extent permitted by applicable mandatory laws, you will be responsible to reimburse GIVENCHY for any costs and expenses incurred by GIVENCHY during the course of enforcing these Terms against you.
4. PROHIBITED CUSTOMER ACTIVITY REGARDING THE ARTWORK
4.1. Unless expressly permitted in these Terms or with our written consent, you may not: • (i)modify the Artwork associated to your NFT in any way, including, without limitation, the shapes, designs, drawings, attributes, or color schemes; • (ii) use the Artwork associated to your NFT to advertise, market, or sell any third party product or service; • (iii) use the Artwork associated to your NFT in connection with images, videos, or other forms of media that depict hatred, intolerance, violence, cruelty, or anything else that could reasonably be found to constitute hate speech or otherwise infringe upon the rights of others; • (iv)use the Artwork associated to your NFT in movies, videos, or any other forms of media, except to the limited extent that such use is expressly permitted in Section B. 3 above or solely for your own personal, non-commercial use; • (v)sell, distribute for commercial gain (including, without limitation, giving away in the hopes of eventual commercial gain), or otherwise commercialize merchandise that includes, contains, or consists of the Artwork associated to your NFT; • (vi)attempt to trademark, copyright, or otherwise acquire additional intellectual property rights in or to the Artwork associated to your NFT; or • (vii)otherwise utilize the Artwork associated to your NFT for your or any third party’s commercial benefit.
4.2. To the extent that Artwork associated to your NFT contains any third-party intellectual property rights (e.g., licensed intellectual property from BSTROY or FELTZINE), you understand and agree as follows: • (i)that you will not have the right to use such third- party intellectual property rights in any way except as incorporated in the Artwork associated to your NFT, and subject to the license and restrictions contained herein; • (ii)that, depending on the nature of the license granted from the owner of the third-party intellectual property rights, GIVENCHY may need to pass through additional restrictions on your ability to use the Artwork; and • (iii)to the extent that GIVENCHY informs you of such additional restrictions in writing (email is permissible), you will be responsible for complying with all such restrictions from the date that you receive the notice, and that failure to do so will be deemed a breach of these Terms.
4.3. The restriction in this Section will survive the expiration or termination of these Terms.
5. WARRANTY AND LIABILITY PRINCIPLES APPLICABLE TO THE NFT
5.1. To the maximum extent permitted by applicable mandatory laws, the NFT and associated Artwork are provided “as is” and “as available” excluding any warranties of any kind, including, without limitation, any warranty for information, data, uptime or uninterrupted access, any warranties concerning the availability, correctness, accuracy, reliability, usefulness, or content of information, and any warranties of title, non-infringement, merchantability or fitness for a particular purpose, and we hereby disclaim any and all such warranties, express and implied. We do not warrant that the NFT and associated Artwork, content, functions or materials contained therein will be timely, secure, uninterrupted or error free, or that defects will be corrected. We make no warranty that the NFT will meet your requirements. No advice, results or information, whether oral or written, obtained by you from us or in relation to the NFT and/or associated Artwork shall create any warranty not expressly made herein.
5.2. To the maximum extent permitted by applicable mandatory law, we will not be liable to you for any loss or damage, whether in contract, tort, negligence, breach of statutory duty, or otherwise and howsoever arising, even if foreseeable, arising under or in connection with the use of, or inability to use, the electronic account, the NFT and associated Artwork, including but not limited to any losses, damages or claims arising from: (i) your error, such as forgotten passwords or incorrectly construed transactions; (ii) server failure or data loss; (iii) corrupted account files; or (iv) unauthorized access or activities by third parties, including but not limited to the use of viruses, phishing, bruteforcing or other means of attack against the app, network, or the electronic account.
5.3. GIVENCHY is not responsible for losses due to blockchains or any other features of the Ethereum network or the electronic account, including but not limited to late report by developers or representatives (or no report at all) of any issues with the blockchain supporting the Ethereum network, including forks, technical node issues, or any other issues having fund losses as a result. You acknowledge and agree that such technologies are novel, experimental and speculative and that therefore there is significant uncertainty regarding the operation and effects and risks thereof and the application of existing laws thereto.
5.4. We have no control over any third party, marketplaces, websites or application which you will need for the use, purchase, sale of your NFT or its associated Artwork (the “Third Parties Sites”). You acknowledge and agree that we are not liable for any loss or damage which may be incurred as a result of the availability or unavailability of the Third Parties Sites, or as a result of any reliance placed by you upon the completeness, accuracy or existence of any advertising, products or other materials on, or made available from, any Third Parties Sites. Please read the general terms applicable to such Third Parties Sites as you will be required to comply with such terms.
5.5. following the redemption of the NFT, you will assume all responsibility for any obligation , including tax obligation, to be complied with in your country of residence, including but not limited to the correct tax treatment to be applied to the ownership use or resale of the NFT, obligation to file any tax return or communication to the relevant tax authorities concerning NFT and/or related cryptocurrencies, releasing GIVENCHY for all purposes form any liability or obligation.