Terms and conditions

The Website www.jeanpaulgaultier.com (“Website”) is run by PUIG FRANCE SAS (“PUIG”), a simplified joint-stock company with registered office at 65/67 Avenue des Champs Elysées, 75008 Paris (France), holder of Tax Identification Number (SIRET) nº 682 030 507 00219 and recorded with the Commercial Registry of Paris R.C.S. nº 682 030 507, with a registered capital of 10.000.000 euros.

Contact email address: [email protected]

Website’s publication director

Telephone number: +33 1 55 90 52 75

The Website’s publication director is Mr. François-Xavier Billaud.

Host

The Website is hosted by Reseller Group Networks SL, a company registered in Spain under trading ID ESB43956630, whose head office is located at Passeig Nicolau, 19, 43340 Montbrió del Camp (Spain).

Website: https://www.rgnet.es

Telephone number: +34902888354

Access to the Website

These terms and conditions (“Terms and Conditions”) regulate access and use of the Website and their purpose is to provide the user with information on JEAN PAUL GAULTIER and its products.

Consequently, we would request that the user reads the Terms and Conditions carefully prior to using the Website, since they may be adapted and/or amended by PUIG at any time. If the user does not accept them, we would request that the user refrains from using the Website and its content.

Use and functionality of the Website

The user agrees to exercise diligence when using the Website as well as the information on services contained thereon, and it is entirely subject to any applicable regulation as well as these Terms and Conditions.

Furthermore, the user undertakes not to carry out any action with the intent of damaging, causing malfunction to and/or overloading the Website, or preventing, in any manner whatsoever, its normal use and functionality.

Users are informed that, should they act in breach of the Terms and Conditions or, where relevant, of all and any other terms or conditions listed on the Website, PUIG reserves the right to immediately limit, suspend and/or terminate their access to the Website, in adopting all necessary technical measures to this effect.

PUIG will endeavor to the best of its ability to keep the Website in good working order, avoiding errors and/or, where appropriate, repairing same, and maintaining the contents of the Website duly up-to-date. However, PUIG does not guarantee the availability and continuity of access to the Website or the absence of errors in its contents. Neither does it guarantee that the latter are systematically updated.

PUIG reserves the right, at any time and without notice, to amend, delete and/or update information contained on the Website, and to configure the same and/or its presentation.

Liability

The user is entirely liable for access to the Website as well as for any use that may be made of the information contained thereon.

PUIG disclaims any liability for all and any damage and/or harm that may result directly or indirectly from the access and/or use of information contained on the Website and, in particular, information relating to third parties other than PUIG and/or JEAN PAUL GAULTIER, including, but not limited to, damage and/or harm caused within computer systems or caused by the introduction of viruses and/or computer attacks. Neither shall it be held liable for all and any damage that users may suffer as a consequence of inappropriate use of the Website or for any drops, interruptions, absence and/or shortcomings in communications.

Moreover, PUIG disclaims all liability for all and any damage and/or harm caused to the software and/or equipment of the user as a result of access and/or use of the Website.

Users shall be held liable for all and any damage or harm that PUIG may suffer due to their failure to fulfill any obligations to which they are bound under the Terms and Conditions and/or the legislation applicable to the use of the Website.

Links policy

a) Links to the Website

Third parties who intend to include on a website (“Linking Site”) a link that redirects to the Website must obtain the prior written consent of PUIG.

Under no circumstances may the authorization granted by PUIG be construed as any endorsement, promotion, guarantee, supervision and/or recommendation of the content and/or services of the Linking Site or as responsibility for its content.

The Linking Site must comply with the legislation in force and shall not, under any circumstances, host any content, of its own or belonging to third parties, that: (i) is illicit, harmful or contrary to morals and good manners (including but not limited to pornographic, violent, racist and/or slanderous); and/or (ii) is inappropriate or irrelevant in relation to the PUIG and/or JEAN PAUL GAULTIER brands.

In the event of breach of any of the aforementioned terms, PUIG shall, with immediate effect, revoke the authorization granted to the Linking Site, which must remove the link without delay.

1. b) Links to other websites

The Website may include various links enabling the user to access other websites (“Linked Sites”).

Under no circumstances may the existence of Linked Sites be construed as any recommendation, promotion, identification and/or compliance on the part of PUIG with regard to the expressions, content and/or services provided by and through the Linked Sites.

Consequently, PUIG disclaims all and any liability for the content and/or terms and conditions of the Linked Sites, the user being solely responsible for verification and acceptance thereof at each instance of access and use of same.

Intellectual Property

All intellectual property rights over designs, databases, subjacent computer programs (including source code), and the various elements that comprise the Website (including but not limited to text, graphics, photographs, videos, sound recordings and/or color combinations) (“Content”), as well as their structure, selection and order, belong to PUIG / JEAN PAUL GAULTIER and/or, where applicable, its licensors. As regards the distinctive symbols included on the Website (trademarks and trade names), the same also belong to PUIG / JEAN PAUL GAULTIER and/or its licensors.

The use of the Website by the user shall not imply the transfer of any intellectual property rights over the Website and/or the Content.

The user is only authorized to view and obtain a temporary private copy of the Content for personal and private use in their computer systems (software and hardware) and not assigned to third parties. With the above exception, pursuant to these Terms and Conditions, it is expressly forbidden to the user the reproduction, transformation, distribution, public communication, public disposal, extraction, reuse, forwarding and/or use of any nature by any means or procedure, of any Content and/or trademarks of PUIG and/or JEAN PAUL GAULTIER, except where it is legally permitted or authorized expressly and in writing by PUIG and/or its licensors.

By way of example but not limited to it, the user is not authorized to:

• Use the information contained on the Website for the purpose of developing commercial activities or professional nature (direct sales or any other commercial purpose as well as marketing in any way with this information).
• Delete, avoid or manipulate the copyright and other identifying data of PUIG’s rights, as well as any protection mechanisms.
• Disassemble, decompile or invert the databases in which Website’s information is stored.

Unauthorized use of the content of this Website and any damage caused to PUIG’s and/or JEAN PAUL GAULTIER intellectual property rights may result in PUIG and/or JEAN PAUL GAULTIER taking whatever action to which they may be entitled by law, and in any liabilities that may arise thereof.

Assignment of image rights

In case the user participates in any online contests organized by PUIG on the Internet (Website, micro-site, Facebook, Instagram, etc.), in which the user (as participant) is required to upload Images (photos, videos, drawings, etc.), the following shall apply to the use. By participating to the online contests and uploading Images, the user represent that he is aware and agree with the following.

The user undertakes not to upload Images that are not original and/or are not recorded by them or that infringe law or rights of third parties (specially, copyrights, trademarks, and/or privacy, honor and image rights). For these purposes, each participant/user declares that he/she owns all the rights regarding the Images and, as the case may be, has obtained the relevant express consent of the people appearing in the Image for its free of charge spreading in any media and/or territory and for indefinite term.

PUIG shall not be held liable, in any event, of the infringement of the above-referred obligations nor any damages and/or prejudices arisen from said infringement. Each participant/user recognizes that PUIG has fully rights to assign the use of the Images in any form that PUIG may consider, as well as for any commercial purpose related (including but not limited to, advertising, marketing, promotions, merchandising and/or exploitation of the relevant contest, wholly or in part).

Participants/users expressly authorize PUIG and its licensors to reproduce, communicate or distribute, adapt and transform the Images, for free, on PUIG websites and official social networks including without limitation JEAN PAUL GAULTIER’s official Instagram and Facebook and any other social networks accounts of PUIG affiliates and/or subsidiaries; websites of authorized retailers and/or any social networks of any influencer authorized by PUIG, in any media an territory, all over the world, for the maximum period of time permitted by law.

The user/participant is aware that the putting the Images on the social networks implies the application of the general usage conditions of said social networks, in particular, the right of sub-licensees attributed to the social networks and to the users of the social networks; PUIG will in no event be liable for the reproduction, processing, exploitation and conservation of the Images or of a part of the Images by social networks or by social networks’ users according to the general usage conditions of the social networks. PUIG cannot be held responsible for the reproduction, processing, exploitation and conservation by social networks’ users in the general usage conditions of the social networks of the images throughout the corresponding contest term and after its expiry. For the sake of clarity, the participants/user hereto acknowledge and agree that PUIG shall not in any event be responsible for deleting/removing the Images uploaded during the term of the corresponding contest on the social networks.

Likewise, without prejudice to the terms and conditions of the corresponding social network (e.g. Instagram, Facebook, etc.), each user/participant authorizes the other participants and/or any third party related to the corresponding contest to access and view for free the Images.

In any event, PUIG is entitled to remove any image, without obligation to give prior notice to the participant/user, when it considers that the image infringes any law, rights of third parties and/or it is not adapted to the contest’s nature and/or the image and reputation of PUIG, its licensors and/or its products. PUIG shall be entitled to deny and refuse any image unilaterally considered that is racist, sexist, violent or inappropriate in general.

PUIG and its licensors shall not be held liable for the improper and/or fraudulent use of the Image or modifications and/or alterations of the Image made by any third parties.

Protection of personal data

Pursuant to the provisions of current regulations on the protection of personal data, PUIG informs the users that the personal data provided by same or to which PUIG gains access further to their browsing of, viewing of and/or request for information via the Website will be incorporated into a file owned by PUIG FRANCE SAS, whose purpose is to manage, maintain and control their requests for information, and to send them commercial communications (including by electronic means) with the user’s consent. For the purpose of the applicable data protection legislation, PUIG FRANCE SAS is the controller of the personal data provided by the user. Acceptance of the sending of commercial communications can be revoked at any time, without retroactive effect, by the user by sending an email to the following address: [email protected]

Personal data provided by the user, will not be communicated or transferred to third parties, however they may be transferred to the companies in the PUIG Group for the same purposes as those cited above. In this sense, regarding the said transfer of personal data, the user is deemed to have been duly informed of the terms set out in Article 32.III Law No. 78-17 of January 6, 1978 on Data Processing, Data Files and Individual Liberties and the General Data Protection Regulation n° 2016/679 of April 27, 2016. If the user’s personal data is communicated or transferred to third parties, PUIG shall request, in advance, the consent of the user pursuant to the requirements set out in the current legislation, and this consent may be revoked at any time.

In the contact forms on the Website, the user must fill in the fields indicated as “mandatory”. In the event that the user has only partially completed the required personal data, PUIG is entitled not to respond to requests from the user. PUIG can thus disclaim any liability for the fact of not having responded or not having responded fully to the requests of the user.

Users must communicate to PUIG any changes to personal data in order to ensure that the information contained in PUIG files is, at all times, up-to-date and accurate. Users are responsible, in all cases, for the veracity of the data provided, and PUIG reserves the right to exclude from benefiting from the requested services any user who has provided false data, without prejudice to any action allowed by law.

PUIG expressly acknowledges having implemented security measures of a technical and organizational nature to ensure the security of the user’s personal data and to prevent their alteration, loss, processing and/or unauthorized access allowed by the current state of technology, the nature of the data stored and the risks to which they are exposed, whether due to human action or any natural event, all in accordance with the provisions of current regulations.

PUIG will only hold the user’s personal data for so long as is necessary for PUIG to fulfil its contractual obligations and to send the requested Newsletters until the User revokes its consent (un-subscription) or after 3 years without any positive sign of interest by the User. Where PUIG no longer needs to process the user’s personal data for the purposes set out above, the personal data will be deleted from PUIG’s systems. Users may exercise their rights to access, rectify, cancel and object the processing of their personal data through PUIG head office, as well as their right to data portability, according to the terms set out by Law No. 78-17 of January 6, 1978 on Data Processing, Data Files and Individual Liberties and the General Data Protection Regulation n° 2016/679 of April 27, 2016. For the convenience of the user, and without prejudice to certain formal requirements set out in the current regulations, PUIG offers the user the option to exercise the aforementioned rights by email to the following email address: [email protected]

Any user may also exercise the right to lodge a complaint with a competent supervisory authority, in particular in the Member State of his or her habitual residence, place of work or place of the alleged infringement in accordance with Article 77 of the General Data Protection Regulation n° 2016/679 of April 27, 2016, if the data subject considers that the processing of personal data relating to him or her infringes said regulation.

The user may contact PUIG at any time, at the following address: [email protected]

Cookie policy

The Website uses cookies to improve the service provided to the user. The user will find below information on the definition of cookies, the type of cookies used by PUIG, and the steps to take to disable and prevent the installation of these cookies by third parties.

What are cookies?

Cookies are small files that some websites can install in their devices or computer terminals and which constitute procedures for automatically collecting information on Internet users during their visit to a given website in order to, among other activities, recognize them as return visitors and accordingly personalize their experience, provide faster browsing, collect statistical information, and/or store preferences and browsing habits.

Cookies are useful because they allow websites to better tailor their functioning to user preferences and help the managers of websites to improve the services offered using the information collected through cookies.

Types of cookies

Analytics cookies

Analytics cookies, processed by PUIG or by third parties, are used to quantify the number of visitors and statistically analyze the use that the users make of our services. Through this, we can study browsing activity on our Website and optimize it according to the real needs of our clients.

Personalization cookies

Personalization cookies, processed by PUIG or by third parties, retain user preferences for certain tools or services so that users do not need to set these every time they visit our Website. These cookies are also used by programs that try to geolocate your computer, smartphone, tablet or connected television.

Ad management cookies

Ad management cookies, processed by PUIG or by third parties, are used to effectively manage ad space on the Website by adapting the content of the ad to the content of the service requested or to the activity of the user on our Website. These cookies tell us about the online browsing habits of the users and enable us to serve ads that are relevant to their browsing profile.

Other third-party cookies

Some of our pages may contain third-party cookies that are used to manage and improve the services they offer. Examples of such use are the links to social networks that can be used to share our content.

Setting cookie preferences

If users wish to block cookies, the use of some services may be limited.

Users can change cookie settings in the various browser menus by following the steps below:

• Microsoft Internet Explorer users: in the View menu, select Internet Options and click on Advanced settings.
• Netscape users: in the Edit menu, select Preferences and click on Advanced.
• Firefox users: on Mac: in the Preferences menu, select Privacy and click on the Show Cookies tab; in Windows: in the Tools menu, select Options, and click on Privacy then Show Cookies.
• Safari users: in the Safari menu, select Privacy and click on the Security tab then Show Cookies.
• Google Chrome users: in the Tools menu, select Options (Preferences on Mac) and click on Advanced, in the Privacy section click on Content Settings, then check Cookies in the Content Settings pop-up.

Types of cookies used on this Website

Governing law and jurisdiction

Access and use of the Website shall be governed and interpreted in accordance with French law.
Any dispute that may arise between PUIG and the user of the Website shall be resolved, the parties waiving their own jurisdiction, by the Courts and Tribunals of the city of Paris (France).