TERMS & CONDITIONS - www.annetouraine.com -
1. This Site
Anne Touraine, Inc. and its affiliates (individually and collectively, “we”, “our”, “us”, or “Anne Touraine Paris™”) designed and maintain www.annetouraine.com (the “Site”) as a means of providing information regarding our company and the products we sell. As used on the Site, the terms “you” and “your” means any person who views, accesses, uses, or obtains information from the Site or who obtains information by monitoring activity to and from the Site.
2. Acceptance of the present Terms & Conditions
Please read this Agreement carefully. We reserve the right to amend this Agreement at any time and from time to time by posting a revised Agreement on the Site. This Agreement was last revised on the date provided below. If you use the Site after an amended Agreement has been posted, you will be deemed to have agreed to such amended Agreement. You may want to periodically visit this page to view the most recent Agreement.
3. Permitted use of the site and restrictions
You agree you will access and use www.annetouraine.com solely for your personal purposes. You will not post, publish, reproduce, transmit, distribute or otherwise view, use or exploit the Site or any Content in a manner that: (a) is inconsistent with this Agreement; (b) violates any international and United States federal, state or local law, rule, regulation or order, or (c) could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You acknowledge and agree that the Site and the Content includes subject matter that is owned by Anne Touraine, Inc. or other third parties and is protected under copyright, trademark and other intellectual property laws. Unauthorized use of the Site or the Content may violate such intellectual property laws or other laws relating to privacy and publicity. The violation of such laws may give rise to civil and/or criminal penalties.
You agree that you will not interrupt or attempt to interrupt the operation of this Site in any way. You will not impersonate any person or entity, or misrepresent your affiliation with a person or entity, or misrepresent the origin of any information that you provide to us. You agree that your use of the Site will at all times be for a lawful purpose and you agree to comply with all applicable laws and regulations in your use of the Site. Possible evidence of use of this Site for illegal purposes may be provided to law enforcement authorities.
You will not transmit, distribute, introduce or otherwise make available in any manner through the Site any computer virus, key loggers, spyware, worms, Trojan horses, time bombs or other malicious or harmful programming (collectively called “Viruses”). We do not have an obligation to detect the presence of such Viruses. If you download software or any other Content from the Site, you do so at your own risk.
4. Gift Cards purchase Terms and Conditions (when applicable)
ANNE TOURAINE Paris™ GIFT CARDS are redeemable for ANNE TOURAINE PARIS™ scarves only at www.annetouraine.com . They are not valid at other websites carrying ANNE TOURAINE Paris™ scarves.The ANNE TOURAINE Paris™ GIFT CARDS are sold for a single scarf part of one of our scarf collections. When redeeming, any unused balance will not be available for future purchase of merchandise. When purchasing a GIFT CARD, ANNE TOURAINE Paris™ will send you a GIFT CODE (to be used during check out as a PROMO CODE by the one who will use it).ANNE TOURAINE Paris™ GIFT CARDS cannot be returned, resold or redeemed for cash (except as required by law). ANNE TOURAINE Paris™ is not responsible for and will not replace lost or stolen GIFT CARD CODES and is either not responsible for unauthorized use.
Purchase or redemption of a ANNE TOURAINE Paris™ GIFT CARD constitutes your acceptance of these terms and conditions. ANNE TOURAINE Paris™ reserves the right to change any of these terms and conditions without notice.
5. Intellectual property rights
You acknowledge that this Site and various elements contained therein are protected by copyrights, trademarks, trade secrets, patents, or other proprietary rights, and that these worldwide rights are valid and protected in all forms, media, and technologies existing now and hereinafter developed. You also acknowledge that the Content is and shall remain our property or the property of our licensors and models. You agree to comply with all intellectual property laws and you shall not encumber any interest in, or assert any rights to, the Content. You may not modify, transmit, participate in the sale or transfer of, or create derivative works based on any Content, in whole or in part. However, you may print a reasonable number of copies of the Content for your personal use provided that you maintain any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices.
6. Copyrights and Trademarks
The trademarks, logos and service marks appearing on this Site, including, but not limited to, the trademark: Anne Touraine Paris™ are trademarks and service marks of Anne Touraine, Inc. Other company, product, and service names and logos used and displayed on this Site may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to us. Nothing on this Site should be construed as granting, by implication or otherwise, any license or right to use any of trademarks and service marks displayed on this Site, without our prior written permission in each instance.
The Content of this Site is protected by copyright law. All such Content is also copyrighted as a collective work under the copyright laws, and Anne Touraine, Inc. owns a copyright in the selection, coordination, arrangement, and enhancement of such Content.
7. Copyright complaints
If you believe this Site contains Content that infringes your copyright, please provide the information listed below to us for claims of copyright infringement:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest that is allegedly infringed,
- A description of the information that you claim to be infringing and a description of where the material that you claim is infringing is located on the Site,
- A description of the copyrighted work that you claim has been infringed,
- Your full contact information, including address, telephone number and email address,
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law,
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or duly authorized to act on the copyright owner’s behalf.
Please send complaints to: Anne Touraine, Inc. PO Box 642 Osprey, FL 34229
8. Communication with us
Please be advised that we cannot guarantee the confidentiality of any communication or material transmitted to us via the Site or via email. Accordingly, we suggest that you use caution when transmitting any information to us via such means. For example, you should not include confidential information about you (such as your Social Security number) in any email that you send to us. We hereby expressly disclaim any liability for damages resulting from third party interception of your communications with us via the Site or via email. If you choose to send us any information via the Site or via email, you do so solely at your own risk.
9. Feedback and submissions
Unless we specifically provided otherwise, all feedback or submissions of any kind that you submit to this Site (the “Contributions”) are hereby received on a non-confidential basis and shall, to the fullest extent permissible under applicable law, become our property. To the extent that applicable law does not provide us with an ownership interest in any Contributions, you agree that by providing us with the Contributions you are granting us any of our affiliated companies and sub-licensees a perpetual, royalty-free, irrevocable worldwide license to use, transmit, copy, reproduce, distribute, publicly display or perform, and to prepare derivate works based upon the Contributions. By submitting or otherwise making the Contributions available to us, you represent and warrant that you own or control all rights in such Contributions necessary to post, upload, input, submit or otherwise make them available to us, and to provide us with either ownership or licensed rights under this section of the Agreement. You understand that your Contributions will not be confidential and that no compensation will be paid to you with respect to your Contributions. Despite the rights granted to us herein, we are under no obligation to in any way use, post, or otherwise make such Contributions available.
10. Linking and framing
We prohibit the use of any links to the Site from any other websites unless establishment of such a link is approved in advance by Anne Touraine, Inc. officers in writing. You may not frame any elements of this Site with any other website without our prior written permission.
11. Links to other websites
This Site may periodically provide links to third-party websites (“Third-Party Sites”). This Agreement governs only this Site and not any Third-Party Sites. Our decision to link to a Third-Party Site is not an endorsement of the content, products or services in the Third-Party Site. We do not control these Third-Party Sites and expressly disclaims any responsibility for the content, the accuracy of the information and any products or services available on the Third-Party Sites. We have not investigated or monitored the Third Party Sites for accuracy or completeness. The Third Party Sites may have different privacy policies and security standards than our Site. We are not responsible if any terms shown on our Site differ from those shown on the Third-Party Sites. If you decide to access linked Third-Party Sites, you do so at your own risk.
We protect your privacy related to this Site. We maintain appropriate administrative and technical controls to safeguard the security and privacy of your personal information.
14. Product display and colors
The Site attempts to display our scarf images shown on the Site as accurately as possible. However, we cannot guarantee that the color you see exactly matches the scarf color, as the display of the color depends, in part, upon the monitor you are using.
15. Errors on www.annetouraine.com
Prices and availability of our products and services are subject to change without notice. Errors will be corrected where discovered, and we reserve the right to revoke any stated offer and to correct any errors, inaccuracies or omissions including after an order has been submitted and whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, we will issue a credit to your credit card account in the amount of the charge. Individual bank policies will dictate when this amount is credited to your account. If you are not fully satisfied with your purchase, you may return it in accordance with our Return Policy.
16. Validating your order
After you place an order using our shopping cart, we will check the information you give us for validity, by verifying your method of payment or shipping address. We reserve the right to reject any order you place with us, and/or to limit quantities on any order, without giving any reason. If we reject your order, we will attempt to notify you using the email address you have given us with the order. The Site reserves the right at any time after receipt of your order to accept or decline your order for any reason.
17. Order acceptance / confirmation
Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell.
18. Disclaimer of warranties
YOU ACKNOWLEDGE AND AGREE THAT THIS SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. NONE OF ANNE TOURAINE, INC., ITS AFFILIATES, SUBSIDIARIES OR ITS OFFICERS, MANAGERS, DIRECTORS, EMPLOYEES OR AGENTS (COLLECTIVELY THE “ANNE TOURAINE, INC. PARTIES”) GUARANTEE THE ACCURACY, COMPLETENESS, TIMELINESS, RELIABILITY, SUITABILITY OR USEFULNESS OF ANY PORTION OF THIS SITE. NONE OF THE ANNE TOURAINE INC. PARTIES WARRANT THAT THIS SITE WILL BE UNINTERRUPTED OR ERROR FREE, THAT ANY SPECIFIC INFORMATION THAT IS REQUESTED WILL BE PROVIDED OR THAT THIS SITE OR ITS SERVER ARE OR WILL BE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL ELEMENTS. YOU EXPRESSLY AGREE THAT THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THIS SITE AND THE ACCURACY, TIMELINESS OR COMPLETENESS OF THE CONTENT OR SERVICES IS ASSUMED SOLELY BY YOU.
NONE OF THE ANNE TOURAINE INC. PARTIES MAKE ANY, AND HEREBY SPECIFICALLY DISCLAIM ANY AND ALL, REPRESENTATIONS, ENDORSEMENTS, GUARANTEES, AND WARRANTIES, EXPRESS OR IMPLIED, REGARDING THIS SITE, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS.
YOU UNDERSTAND AND AGREE THAT ANY CONTENT, MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS USED AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT, MATERIAL AND/OR DATA.
19. Limitation of liability
UNDER NO CIRCUMSTANCES WILL ANY OF THE ANNE TOURAINE INC. PARTIES BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THIS SITE. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF THIS SITE. IN NO EVENT SHALL ANY OF THE ANNE TOURAINE INC. PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THE SITE OR THIS AGREEMENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR NEGLIGENCE, CONSEQUENTIAL, INCIDENTAL OR OTHER DAMAGES, IN SUCH JURISDICTIONS THE ANNE TOURAINE INC. PARTIES’ LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THIS SITE IS TO STOP USING IT.
20. Governing law - disputes
This Agreement and all matters relating to your access to, or use of this Site shall be governed by and construed in accordance with the laws of the State of Florida, USA, without giving effect to conflict of law principles. We make no representation that the Content on our Site is appropriate, legal or available for use in other locations. Those who choose to access this Site from other locations do so at their own initiative and are responsible for compliance with applicable local laws.
Any legal action or proceeding relating to this Agreement or your access to or use of this Site shall be instituted in a state or federal court in Sarasota County in the State of Florida. You agree to submit to the jurisdiction of, and agree that venue is proper in these courts. You agree to make the Anne Touraine Inc. Parties whole for any and all claims, losses, liabilities, and expenses (including attorneys’ fees) arising from your use of the Site or any violation of this Agreement.
If we have provided you with a translation of the English language version of this Agreement, then you agree that the translation is provided for your convenience only and that the English language versions of the Agreement will govern your relationship with Anne Touraine, Inc. If there is any contradiction between what the English language version of the Agreement says and what a translation says, then the English language version shall take precedence.
If you allow your minor child or a child for whom you are a legal guardian (a “Minor”) to access the Site, you will be solely responsible for (a) the online conduct of such Minor, (b) monitoring such minor’s access to and use of the Site, and (c) the consequences of any use of the Site by such Minor.
We do not intend to solicit information or to market any products or services to children through this Site. We hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material and information that is harmful to Minors.
In the event that any portion of this Agreement is held to be invalid or unenforceable, then such portion shall be construed in accordance with the applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of this Agreement shall remain in full force and effect. The sections of this Agreement entitled Intellectual Property Rights, Disclaimer of Warranties, Limitation of Liability, Governing Law; Disputes and Miscellaneous shall survive the termination of this Agreement. This Agreement contains the entire agreement of the parties concerning your use of www.annetouraine.com and supersedes all existing agreements and all other oral, written or other communication between the parties concerning its subject matter. We reserve the right to change, suspend, or discontinue all or any part of this Site or the Content at any time without prior notice or liability. You expressly absolve and release the Anne Touraine Inc. Parties from any claim of harm resulting from a cause beyond their control, including, but not limited to, failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, or natural disasters, strikes or other labor problems, wars, terrorist activities or governmental restrictions. You may not assign this Agreement. No waiver shall be effective unless in writing. The paragraph headings herein are provided only for reference and shall have no effect on the construction or interpretation of this Agreement. You expressly agree not to export or re-export any of the Content to countries or persons prohibited under the export control laws of the United States
The latest version of this Agreement was published on www.annetouraine.com October 9th, 2013.