Terms and Conditions of UseWelcome to our website www.balmain.com, managed and maintained by YOOX NET-A-PORTER GROUP S.p.A., company with sole shareholder subject to direction and coordination of Compagnie Financière Richemont S.A.
YOOX NET-A-PORTER GROUP S.p.A. has its registered office in Italy at via Morimondo, 17 – Milano 20143, business register number, tax code and VAT number 02050461207, fully paid charter capital of EUR (“YNAP”, “we”, “us”, “our”). These General Terms and Conditions of Use (“Use T&C”) regulate the access to and use of www.balmain.com by users (“user/s”, “you”, “your/s”). The access to and use of www.balmain.com as well as the purchase of goods on www.balmain.com it are based on the assumption that these Use T&C have been read, understood and accepted by you.
The access to and use of www.balmain.com, including viewing web pages, communication with YNAP, downloading information on available goods and making purchases are carried out by our users exclusively for personal purposes which should in no way be connected to any trade, business or any professional activity. Remember that you shall be liable for your use of www.balmain.com and of its contents. YNAP shall not be considered liable for any use of www.balmain.com and of its contents by any of its users who are not compliant with the laws and regulations in force, without prejudice to YNAP's liability for wilful misconduct and gross negligence. You will specifically be liable for communicating information or data which is incorrect, false or concerning third parties without the latter’s consent, as well as for any improper use of such data or information.
Furthermore, since all material will be downloaded or obtained otherwise via use of the service chosen at the user's own risk, the user shall be the only responsible for any damage to computer systems or loss of data as a consequence of downloading, and YNAP shall not be held responsible. YNAP bears no liability for any damage resulting from inaccessibility to its services or from damage caused by viruses, corrupt files, errors, omissions, service interruptions, content deletion, problems with the network, with providers or telephone and/or data transmission connections, unauthorised access, data alteration, failure and/or malfunction of the user's hardware or any other electronic equipment.
The user shall be responsible for maintaining the confidentiality and the proper use of his or her personal information, including the credentials for accessing restricted services, and shall also be responsible for any damage, harm or losses which might arise against YNAP or third parties as a result of the improper use, loss, destruction, removal or disclosure of such information.
2. Intellectual Property Rights
www.balmain.com's contents, including but not limited to works, images, pictures, dialogues, music, sounds, videos, documents, drawings, figures, logos and any other material published on www.balmain.com, including menus, web pages, graphics, colours, schemes, tools, fonts and designs, diagrams, layouts, methods, processes, functions and software which are part of www.balmain.com, which are protected by copyright and by all other intellectual property rights belonging to YNAP and the relevant rights holders. The reproduction, wholly or in part, and/or in any form whatsoever, of www.balmain.com and of its contents is forbidden without YNAP's prior written consent. YNAP has the exclusive right to authorise or prohibit any reproduction, be it direct or indirect, temporary or permanent, or in any other manner or form, and in whole or in part, of www.balmain.com and its contents.
As far as the use of www.balmain.com is concerned, you are only authorised to access its contents. In this case you are also authorised to carry out all the other temporary acts of reproduction, devoid of economic significance, which are transient or incidental and constitute an integral and essential part of accessing www.balmain.com and its contents. You are not authorised to reproduce www.balmain.com and its contents by any means or in any form, neither in whole nor in part. Any reproduction must be preliminarily authorised each time by YNAP in writing or, if necessary, by the authors of the work posted on www.balmain.com. Such reproductions must be carried out for lawful purposes in compliance with the copyright and other intellectual property rights of YNAP and of the authors of the works posted on www.balmain.com.
The individual authors of works published on www.balmain.com are entitled at any time to claim the authorship of their work and to object to any distortion or any other modification of the works, including any damage to the works which may harm their honour or reputation. You undertake to comply with the copyright of the artists who publish their work on www.balmain.com or who have cooperated with www.balmain.com in the creation of new forms of expression or new artistic forms which are intended for exclusive or non-exclusive publication on www.balmain.com or that shall constitute an integral part of it. On no account are you authorised to use, in any manner or form whatsoever, the contents of www.balmain.com or any single work protected by copyright or any other intellectual property right. By way of example, you may not alter or modify content or any protected work without YNAP's prior consent and, where necessary, the prior consent of each author of the works published on www.balmain.com.
3. Trademarks and Domain Names
All signs identifying goods displayed and sold on www.balmain.com are registered trademarks of the respective owners and are used on www.balmain.com strictly for identification, distinguishing, describing and advertising the products sold on www.balmain.com. YNAP and all other registered trademark owners are entitled to the exclusive use of the trademarks they respectively own. Any unlawful or unauthorised use of such trademarks is prohibited and entails serious legal consequences. Such trademarks and any other recognisable mark displayed on www.balmain.com must in no way be used for obtaining an unfair advantage from their distinctive character or reputation or in such a way as to damage them and their owners.
4. Links to Other Websites
5. Links to www.balmain.com
Please contact YNAP at the following e-mail address if you are interested in linking to the home page and other publicly accessible web pages of www.balmain.com: firstname.lastname@example.org. This contact is required for asking for our consent to linking to www.balmain.com. YNAP grants links free of charge and on a non-exclusive basis. YNAP is entitled to object to certain links to its websites in the event that the applicant who intends to activate links to www.balmain.comhas previously engaged in unfair business practices or ones that do not comply with industry standards or unfair competition actions towards YNAP, or when YNAP fears the applicant may engage in such behaviour in the future, or when the applicant has previously or it is feared that it may in the future engage in actions discrediting YNAP and www.balmain.com. It is in any case forbidden to post deep links (such as deep frames) to www.balmain.com or to use unauthorised meta-tags without YNAP's written consent.
6. Disclaimer of Content
YNAP has made all efforts to prevent the publication on its websites of content describing or representing scenes or situations of physical or psychological violence or which, according to the sensitivity of www.balmain.com users, might be considered detrimental to civil beliefs, human rights and dignity, in all its forms and expressions. In any event, YNAP does not warrant that the contents of its websites are appropriate or lawful in countries outside Italy. If such contents are deemed unlawful or illegal in some countries, please do not access our websites. If you choose to access it regardless, we hereby inform you that your use of services provided by YNAP shall be your exclusive and personal responsibility. YNAP has also adopted measures to ensure that the content of www.balmain.com is accurate and does not contain any incorrect or out-of-date information in relation to the date of their publication and also, as far as possible, subsequently. YNAP, however, cannot be held liable for the accuracy and completeness of the content posted on www.balmain.com., except in the case of its liability for wilful misconduct and gross negligence and as otherwise provided for by the law.
Moreover, YNAP cannot guarantee that www.balmain.com will operate continuously, without interruptions or errors or malfunctioning linked to Internet connection. In the event of a problem in using our websites, please contact our Customer Care. A representative will be on hand to assist you and help you restore your access to www.balmain.com as far as possible. Please contact your Internet services provider or check that each device for Internet connection and web content access is correctly activated, including your Internet browser. Although YNAP will try to do everything possible to ensure regular access to its websites, the dynamic nature of the Internet and its content may not allow www.balmain.com to operate without any suspensions, interruptions or discontinuity linked to ongoing updates. YNAP has implemented technical and organisational measures to protect the security of its services, the integrity of traffic data and electronic communications relating to unauthorised use of or access to data, to prevent the risk of dissemination, destruction and loss of data and confidential/non-confidential information regarding users, and to prevent unauthorised or unlawful access to such data and information.
7. Our Business Policy
YNAP has adopted a business policy, the mission of which is to sell goods through its services and its websites to end “consumers” only. “Consumer” means any individual who is accessing www.balmain.com for personal purposes which are outside his/her trading activities, business or profession. If you are not a Consumer, please do not use our services to purchase goods on www.balmain.com. YNAP is entitled to disregard purchase orders from persons other than Consumers and any other purchase order which does not comply with the General Terms and Conditions of Sale and these Use T&C.
8. Governing Law and Dispute Resolution
These Use T&C are governed by EU and Italian applicable laws on consumer protection, provided the imperative adoption of Russian applicable laws on consumer protection if more favourable for you. In the event of a dispute between you and YNAP arising from these Use T&C, an amicable out-of-court settlement shall be sought by the parties through the RisolviOnline extrajudicial dispute resolution system provided by the Chamber of Arbitration of the Chamber of Commerce of Milan, available online at: RisolviOnline.com
Please note that the European Commission provides an alternative platform for the amicable out-of-court settlement of disputes, available online at: http://ec.europa.eu/odr. This platform could be used in place of the RisolviOnline extrajudicial dispute resolution system mentioned above at the Consumer's explicit request.
In case a dispute between YNAP and a Consumer arising from these Use T&C cannot be settled amicably, the competent court shall be that of your place of domicile or residence in accordance with applicable law or, at your explicit request, the Tribunal of Milan, Italy.