General conditions of use

  • 1. Purpose

    LAST UPDATED: 14/02/2018



    These terms tell you the rules for using our website (our site).

    1 Who we are and how to contact Us

    1.1 is a website operated by by DELSEY (“We”, “Our”, “Us”, or “Delsey”). We are registered in France with the Trade and Company Registry of Paris under number 572 017 507, with registered offices located at 114 rue Marcadet, 75018 Paris.

    1.2 To contact Us, please email or telephone Our customer service line on 0-800-014-8117 or by post, at DELSEY, Z.I. PARIS NORD 2, 215 avenue des Nations BP 62019 Tremblay-en-France, 95970 Roissy CDG cedex, France, telephone number + 33 (0) 1 49 38 30 30, Siret number 57201750700102.

    1.3 We are a French société anonyme avec conseil d'administration (limited liability company with a board of directors) with a share capital of €9,099,576 euros.

    1.4 the website publishing director is Mrs Isabelle Parize in her capacity as CEO;

    1.5 the service provider that provides direct and permanent storage is Demandware, Inc., a company with registered headquarters located at 5 Wall Street Burlington, MA 01803 and phone number + 1 (888) 553 9216.
  • 2. Acceptance of General Terms and Conditions

    2.1 By using Our website you accept these terms of use

    2.1.1 By using our site, you confirm that you accept these terms of use and that you agree to comply with them.

    2.1.2 If you do not agree to these terms, you must not use our site. You may stop using the website and its services at any time but you will remain responsible for any prior use.

    2.1.3We recommend that you print a copy of these terms for future reference. You can save and print these terms of use using the standard features of your browser or computer.

    2.2 There are other terms that may apply to you

    2.2.1 These terms of use refer to the following additional terms, which also apply to your use of Our website.

    (a) Our Privacy Policy, which sets out the terms on which We process any personal data We collect from you, or that you provide to Us. By using Our website, you consent to such processing and you warrant that all data provided by you is accurate.

    (b) Our Cookie Policy which sets out information about the cookies on Our website.
  • 3. Delsey's obligations

    3.1 We may make changes to these terms of use

    3.1.1 We amend these terms of use from time to time. Every time you wish to use Our website, please check these terms of use to ensure you understand the terms of use that apply at that time.

    3.1.2 If changes are made, you will be asked to agree to the new terms of use the next time you log in into your account.

    3.2 We may make changes to Our website

    3.2.1 We may update and change Our website from time to time to reflect changes to Our products and services, Our users' needs and Our business priorities. We will try to give you reasonable notice of any major changes.

    3.3 We may suspend or withdraw Our website

    3.3.1 Our website is made available free of charge.

    3.3.2 We do not guarantee that Our website, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of Our website for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal. We are not responsible for the proper functioning of your computer equipment, Internet connection or any related costs and expenses.

    3.3.3 You are also responsible for ensuring that all persons who access Our website through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

    3.4 Do not rely on information on this website

    3.4.1 The content on Our website is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on Our website.

    3.4.2 Although We make reasonable efforts to update the information on Our website, We make no representations, warranties or guarantees, whether express or implied, that the content on Our website is accurate, complete or up-to-date.
  • 4. User's obligations

    4.1 How you may use material on Our website

    4.1.1 We are the owner or the licensee of all intellectual property rights in Our website, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

    4.1.2 You may print off one copy, and may download extracts, of any page(s) from Our website for your personal use and you may draw the attention of others to content posted on Our website.

    4.1.3 You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

    4.1.4 Our status (and that of any identified contributors) as the authors of content on Our website must always be acknowledged.

    4.1.5 You must not use any part of the content on Our website for commercial purposes without obtaining a licence to do so from Us or Our licensors.

    4.1.6 If you print off, copy or download any part of Our website in breach of these terms of use, your right to use Our website will cease immediately and you must, at Our option, return or destroy any copies of the materials you have made.

    4.2 Our responsibility for loss or damage suffered by you

    4.2.1 We do not exclude or limit in any way Our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by Our negligence or the negligence of Our employees, agents or subcontractors; for fraud or fraudulent misrepresentation.

    4.2.2 We are responsible to you for foreseeable loss and damage caused by Us. If We fail to comply with these terms of use, We are responsible for loss or damage you suffer that is a foreseeable result of Our failing to use reasonable care and skill, but We are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen.

    4.2.3 If defective digital content that We have supplied, damages a device or digital content belonging to you and this is caused by Our failure to use reasonable care and skill, We will either repair the damage or pay you compensation. However, We will not be liable for damage that you could have avoided by following Our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by Us.

    4.2.4 Please note that We only provide Our website for domestic and private use. You agree not to use Our website for any commercial or business purposes, and We have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

    4.3You also agree:

    (a) Not to reproduce, duplicate, copy or re-sell any part of Our website in contravention of the provisions of these terms of use.

    (b) Not to access without authority, interfere with, damage or disrupt:

    (i) any part of Our website;

    (ii) any equipment or network on which Our website is stored;

    (iii) any software used in the provision of Our website; or

    (iv) any equipment or network or software owned or used by any third party.

    (c) Not to delete or modify data contained on Our website that has not been posted or uploaded by you, or to fraudulently enter data thereon or otherwise adversely alter the functioning of the website.

    (d) Not to enter in the free-form text boxes available on Our website any information relating to health, religion, political opinions, trade union membership and philosophical beliefs, ethnic origin, as well as to your penalties and convictions.

    (e) You warrant that any such contribution does comply with those standards, and you will be liable to Us and indemnify Us for any breach of that warranty. This means you will be responsible for any loss or damage We suffer as a result of your breach of warranty.

    (f) Any content you upload to Our website will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant Us and any other member of the Delsey group of companies including Our and their officers, employees, advisers, consultants, contractors a limited licence to use, store and copy that content. We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to Our website constitutes a violation of their intellectual property rights, or of their right to privacy.

    (g) We have the right to remove any posting you make on Our website at Our reasonable discretion.

    (h) You are solely responsible for securing and backing up your content.

    (i) We are not responsible for viruses and you must not introduce them. You must take all appropriate measures to ensure the security of your own data and/or software and protect them from contamination by viruses.

    (j) Any operation carried out on the website with your username and password will be deemed to have been carried out on your behalf and you shall take responsibility for any such operation.

    (k) We shall ensure the security of the data in order to prevent it from being altered, damaged or accessed by unauthorised third parties and We shall only use it for the exclusive purpose of managing and monitoring your application, enquiry or email alert.
    4.4We do not guarantee that Our website will be secure or free from bugs or viruses

    4.4.1 You are responsible for configuring your information technology, computer programs and platform to access Our website. You should use your own virus protection software.

    4.4.2 You must not misuse Our website by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to Our website, the server on which Our website is stored or any server, computer or database connected to Our website. You must not attack Our website via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and We will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use Our website will cease immediately.
  • 5. Personnal account

    We may suspend and/or terminate your account

    5.1 Any entry of information that is incorrect, not up-to-date or incomplete or any username or upload containing abusive, defamatory, violent, obscene or otherwise inappropriate terms may result in the suspension or termination of your account.

    5.2 More generally, We reserve the right, without notice or further liability, to suspend or terminate the account of a malicious user or in the event of breach of these terms of use or violation of statutory or regulatory provisions.

    5.3 You may stop using your account at any time and/or terminate your account in your personal settings without notice, without cause and without any costs to you other than those costs to you related to your Internet connection.

    5.4 Upon termination of your account any account and account related data shall be erased to the extent technically and legally practicable:

    (a) Any deletion is irreversible and you will no longer be able to connect to your account.
  • 6. Intellectual property

    6.1Uploading content to Our website

    6.1.1 Whenever you make use of a feature that allows you to upload content to Our website, or to make contact with other users of Our website, you may use Our website only for lawful purposes. You may not use Our website:

    (a) In any way that breaches any applicable local, national or international law or regulation.

    (b) In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect, such as sending messages or recording content that are inappropriate, irrelevant, excessive, violent, defamatory or unlawful.

    (c) To send, knowingly receive, upload, download, use or re-use any material in breach of any provision of these terms of use.

    d) To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).

    (e) To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

    6.2 Confidentiality

    6.2.1 Each party undertakes that it shall not at any time disclose to any person any confidential information concerning the business, affairs, customers, clients or suppliers of the other party or of any member of the group to which the other party belongs, except as permitted by clause 14.2(b). For the purposes of this clause, group means, in relation to a party, that party, any subsidiary or holding company from time to time of that party, and any subsidiary from time to time of a holding company of that party.

    6.2.2 Each party may disclose the other party's confidential information:

    (a) to its employees, officers, representatives or advisers who need to know such information for the purposes of exercising the party's rights or carrying out its obligations under or in connection with these terms of use. Each party shall ensure that its employees, officers, representatives or advisers to whom it discloses the other party's confidential information comply with this clause 14.2; and

    (b) as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority.

    6.2.3 No party shall use any other party's confidential information for any purpose other than to exercise its rights and perform its obligations under or in connection with these terms of use.
  • 7. Which country's laws apply to any disputes?

    7.1 Please note that these terms of use, their subject matter and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.