/ShopCustomer CareTERMS AND CONDITIONS

Terms and Conditions

thank you for carefully reading these terms and conditions before using the website and placing any orders. this website, www.katespadenewyork.fr, is operated by kate spade uk ltd, 182 regent street,london, w1b 5th (vat#: gb 109719696) and each of their respective subsidiary, parent and affiliated companies (collectively referred to herein as "company" or "we", "us", or "our"). your use of this website (the "website") is subject to the following terms and conditions of use (the "terms"). your use of the website constitutes your unconditional agreement to be bound by these terms. if you do not agree to be bound by these terms, you may not access or otherwise use the website. from time to time, company reserves the right, in its sole discretion, to modify, update, add to, discontinue, remove, revise and/or otherwise change any portion of these terms, in whole or in part, at any time. for changes to these terms that we consider to be material, we may place a notice on the website by revising the link on the homepage to read substantially as "updated terms of use" or something similar for a reasonable amount of time. if you provide information to us or access or use the website in any way after these terms have been changed, you will be deemed to have read, understood and unconditionally consented to and agreed to all such changes. the most current version of these terms will be available on the website and will supersede all previous versions of these terms. these terms are only available in french and are applicable to all orders delivered in france.

these terms, our privacy policy, our safe harbor privacy policy located here and any other terms and policies incorporated herein by reference (collectively, the "other policies"), constitute the entire agreement between you and company pertaining to the subject matter hereof and supersede all prior or other arrangements, understandings, negotiations and discussions, whether oral or written. no waiver of any of the provisions of these terms shall constitute a waiver of any other provisions hereof (whether or not similar), nor shall any such waiver constitute a continuing waiver unless otherwise expressly provided.

this website is offered and made available with certain features; including, but not limited to, user registration,being subject to eligibility requirements. if you do not meet our eligibility requirements, please discontinue using the website immediately or, if for any reason, you do not agree with all of the terms and conditions contained in these terms, please discontinue using the website immediately, because by using or attempting to use the website, you certify that you are eligible to use certain features and meet any other eligibility requirements of the website.

the information and features included in this website have been compiled from a variety of sources, are for informational and entertainment purposes only and are subject to change at any time without notice. by accessing or linking to this website, you assume the risk that the information on this website may be incomplete, inaccurate, out of date, or may not meet your needs and requirements.

membership & registration

certain areas of the website may require registration or may otherwise ask you to provide information to participate in certain features or to access certain content. the website's practices governing your personal information are disclosed in our privacy policy. the decision to provide this information is purely voluntary and optional; however, if you elect not to provide such information, you may not be able to access certain content or participate in certain features of the website. when you provide information to the website, you agree to provide only true, accurate, current and complete information.

if you register with the website, you agree to accept responsibility for all activities that occur under your account or password, if any, and agree you will not sell, transfer or assign your membership or any membership rights. you are responsible for maintaining the confidentiality of your password, if any, and for restricting access to your computer so that others may not access the password protected portion of the website using your name in whole or in part. company may, in its sole discretion, and at any time, with or without notice, terminate your password and membership,if in our reasonable opinion you have failed to comply with any of the provisions of these terms.

ownership of content

this website and all of the content it contains, or may in the future contain, including but not limited to articles, opinions, other text, directories, guides, photographs, illustrations, images, video and audio clips and advertising copy, as well as the trademarks, copyrights, logos, domain names, trade names, service marks, patents and any and all copyrightable material (including source and object code) and/or any other form of intellectual property (collectively, the "material") are owned by or licensed to company and/or other authorized third parties and are protected from unauthorized use, copying and dissemination by copyright, trademark, publicity and other laws and by international treaties. unless expressly permitted in writing by company in advance, you shall not capture, reproduce, perform, transfer, sell, license, modify, create derivative works from or based upon, republish, reverse engineer, upload, edit, post, transmit, publicly display, frame, link, distribute, or exploit in whole or in part any of the material. you shall not use any part of the content on our website for commercial purposes without the prior written approval of company and our status (and that of any identified contributors) as the authors of content on our website must always be acknowledged. nothing contained in these terms or on the website should be construed as granting, by implication, estoppel or otherwise, any license or right to use any material in any manner without the prior written approval of company or such third party that may own the material or intellectual property displayed on the website. UNAUTHORIZED USE, COPYING, REPRODUCTION, MODIFICATION, PUBLICATION, REPUBLICATION, UPLOADING, FRAMING, DOWNLOADING, POSTING, TRANSMITTING, DISTRIBUTING, DUPLICATING OR ANY OTHER MISUSE OF ANY OF THE MATERIAL IS STRICTLY PROHIBITED. any use of the material other than as permitted by these terms will constitute a violation of these terms and may constitute copyright, trademark, and/or patent infringement. you agree not to use the material for any unlawful purposes, in any way not expressly permitted herein, and not to violate company's rights or the rights of others. you agree not to interfere (or permit the use of your membership by a third party to interfere) with the normal processes or use of the website by other members, including without limitation by attempting to access administrative areas of the website. you agree to promptly report to us any violation and/or attempted violation of these terms by others that you become aware of. you are advised that company will enforce its rights to the fullest extent of the law. company may add, change, discontinue, remove or suspend any of the material at any time, without notice and without liability.

user forums

forums, bulletin boards, chat rooms or other interactive areas that may be offered on the website ("user forums") are provided to give users a forum to express their opinions and share their ideas and information. the individual who posts content in the user forums ("community content") is responsible for the reliability, accuracy, and truthfulness of such content, and company has no control over the same. additionally, company has no control over whether any such posted material is of a nature that users will find offensive, distasteful or otherwise unacceptable and expressly disclaims any responsibility for such material.

company does not and cannot review every message posted by users in the user forums, and is not responsible for the content of these messages or the views or opinions expressed by the users of the user forums. information disclosed in the user forums is by design revealed to the public. company reserves the right, but is not obligated, to delete, move or edit content, in whole or in part, submitted by you to the website for any reason in company's sole discretion. in addition, company may delete, move, edit or disclose the contents of messages when it is required to do so by law or in a good faith belief that such action is necessary to protect and defend the rights and property of company or to protect the safety of our users or the public. in no event does company assume any obligation to monitor the user forums or remove any specific material.

restrictions on use

in consideration for your use of the user forums and functionality, you agree to comply with the "community guidelines" set forth in the privacy policy. individuals who violate the community guidelines may, at company's sole discretion, be permanently banned from using the website.

disclaimers/limitations on liability

nothing in these terms excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by french law.

you understand and agree that this website and all material and intellectual property contained on it are distributed "as is" "as available" and without warranties of any kind, either express or implied, including, without limitation, implied warranties of merchantability, non-infringement or fitness for a particular purpose or those arising by statute or otherwise in law or from a course of dealing or usage of trade. some jurisdictions do not permit the exclusion of implied warranties, so the above exclusion may not apply to you. you may have other rights which vary by jurisdiction.

you agree that company and its parents, affiliates, subsidiaries, licensors, partners and assigns, and each of their respective employees, officers and directors (collectively, the "released parties"), are not liable to you for damages of any kind, whether based in tort (including negligence), contract, breach of statutory duty or otherwise, relating to and/or resulting in any way from or in connection with this website, the user forums, the material, or any errors or omissions in its technical operation or the material, even if we have been advised of the possibility of such damages.

if you are a business user, please note that in particular, we will not be liable for:

  • loss of profits, sales, business, or revenue;
  • business interruption;
  • loss of anticipated savings;
  • loss of business opportunity, goodwill or reputation; or
  • any indirect, special or consequential loss or damage.

if you are a consumer user, please note that we only provide our site for domestic and private use. you agree not to use our site 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.

some jurisdictions do not allow the limitation or exclusion of certain warranties and conditions, and/or the disclaimer of some types of damages, so some of the above might not apply to you.

company makes no representation or warranty whatsoever regarding the completeness, accuracy, currency or adequacy of any information, facts, views, opinions, statements or recommendations contained on this website and/or the material. reference to any product, process, publication or service of any third party by trade name, domain name, trademark, service mark, logo, manufacturer or otherwise does not constitute or imply its endorsement or recommendation by company. views and opinions of users of this website do not necessarily state or reflect those of company. users are responsible for seeking the advice of professionals, as appropriate, regarding the information, opinions, advice or content available at this website.

the company has tried to implement every precaution to protect the confidentiality and security of the personal data and prevent it from being distorted, damaged, destroyed or that unauthorized parties will have access. technical security and organizational measures in accordance with the state of the art, especially for what concerns information systems, have been introduced. However, the company does not control all risks associated with the operation of the Internet

and the internet may be subject to breaches of security company will not be responsible for loss or damage you may suffer if such loss or damage is caused by force majeure, if they are attributable to the unpredictable and insurmountable actions of a third party, or if you are attributable. company is not responsible for any resulting damage to any user's computer from any such security breach, or from any virus, bugs, tampering, unauthorized intervention, fraud, error, omission, interruption, deletion, defect, delay in operation or transmission, computer line failure or any other technical or other malfunction. you should also be aware that email submissions over the internet may not be secure, and you should consider this before e-mailing company any information. company makes no representation or warranty whatsoever regarding the suitability, functionality, availability or operation of this website. this website may be temporarily unavailable due to maintenance or malfunction of computer equipment.

liability

by using this website you agree that you will be liable to us for any third party claims, alleged claims, demands, damages, losses, liabilities, and all costs and expenses of defense, including, without limitation, reasonable legal fees, arising out of, in connection with and/or relating to your violation of these terms. you agree to cooperate with us as reasonably required in company's defense of any claim. company reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to liability by you, and you shall not in any event settle any such matter without the written consent of company.

submissions policy

company is pleased to hear from its users and welcomes your comments regarding company's services and products. nevertheless, company's long-standing company policy does not allow it to accept or consider creative ideas, suggestions, or materials other than those it has specifically requested (see below). while we value your feedback on our services and products, we request that you be specific in your comments on those services and products, and that you not submit any creative ideas, suggestions, or materials. we hope you will understand that it is the intent of this policy to avoid the possibility of future misunderstandings when projects developed by company's or its affiliates' professional staff might seem to others to be similar to their own creative work. accordingly, we ask that you do not send us any original creative materials such as show designs, photographs, drawings, or original artwork.

if you at any time send, provide us with, or post certain specific submissions at our request (e.g., via message boards or in connection with sweepstakes, contests and/or other promotions) or if you at any time send us creative suggestions, ideas, notes, photographs, drawings, concepts, or any other information (each, a "submission" and collectively, the "submissions") despite our request that you not send us any unsolicited submissions or other creative materials, the submission will be treated as non-confidential and non-proprietary in each instance. for purposes of this paragraph, all community content shall be deemed included in the definition of submissions. none of the submissions shall be subject to any obligation of confidence on the part of company, and company shall not be liable for any use or disclosure of any submissions. any submission may be used by company without restriction for any purpose whatsoever, including, without limitation, reproduction, disclosure, transmission, publication, broadcast or posting, and you hereby irrevocably waive, release and give up any claim that any use of such submission violates any of your rights, including, without limitation, copyrights, trademarks, proprietary or other property rights, or right to credit for the material or ideas. company shall have and is irrevocably granted the right, but not the obligation, to reproduce, modify, adapt, publish, broadcast, license, perform, post, sell, translate, incorporate, create derivative works from, distribute and otherwise use the submission in any and all media, now known or hereafter devised, worldwide, for the entire legal duration of such rights, without according you any compensation or credit. by submitting a submission to this website or company, you represent that such submission is original with you and does not conflict with, violate or infringe upon the rights of any third parties, including, without limitation, any intellectual property rights. all submissions to the website and/or company shall be the sole property of company and will not be acknowledged or returned. you agree and understand that company is not obligated to use any submission you make to the website or company and you have no right to compel such use. you hereby acknowledge and agree that your relationship with company is not a confidential, fiduciary, or other special relationship, and that your decision to submit any material to company does not place company in a position that is any different from the position held by members of the general public with regard to your submission. you understand and acknowledge that company has wide access to ideas, stories, designs, and other literary materials, and that new ideas are constantly being submitted to it or being developed by company's own employees. many ideas or stories may be competitive with, similar or identical to your submission in theme, idea, plot, format or other respects. you acknowledge and agree that you will not be entitled to any compensation as a result of company's use of any such similar or identical material. finally, you acknowledge that, with respect to any claim you may have relating to or arising out of a company's actual or alleged exploitation or use of any material you submit to the website and/or company, the damage, if any, thereby caused will not be irreparable or otherwise sufficient to entitle you to injunctive or other equitable relief or to in any way enjoin the production, distribution, exhibition or other exploitation of any production based on or allegedly based on the material, and your rights and remedies in any such event shall be strictly limited to the right to recover damages, if any, in an action at law.

linking policy

if you link to this website, we require that you follow these guidelines. you may link only to the home page, and the link must be in plain text, unless otherwise approved in writing by an authorized representative of company. the link to this website must not damage, dilute or tarnish the goodwill associated with any company names and/or intellectual property, nor may the link create the false appearance that your website and/or organization is sponsored, endorsed by, affiliated and/or associated with company. you may not "frame" this website or alter its intellectual property or material in any other way. you may not link to the website from a site that is unlawful, abusive, indecent or obscene, that promotes violence or illegal acts, that contains expressions of racism, that is libellous, defamatory, scandalous, or inflammatory or is otherwise deemed inappropriate, as determined by company in its sole discretion. company reserves the right, in its sole discretion, to terminate a link with any website for any reason or no reason at all, including without limitation any website that company deems to be inappropriate or inconsistent with or antithetical to this website and/or these terms.

company is not responsible for the content or performance of any portion of the internet including other world wide websites to which this website may be linked or from which this website may be accessed. users are requested to inform company of any errors or inappropriate material found on websites to which this website is or may be linked.

promotions

this website may contain sweepstakes, contests or other promotions that require you to send material or information about yourself. please note that sweepstakes, contests or promotions offered via the website may be, and often are, governed by a separate set of rules that, in addition to describing such sweepstakes, contest or promotion, may have eligibility requirements, such as certain age or geographic area restrictions, terms and conditions governing the use of material you submit, and disclosures about how your personal information may be used. it is your responsibility to read such rules to determine whether or not you want to and are eligible to participate, register and/or enter. by entering any such sweepstakes, contest or other promotion, you agree to comply with abide by such rules and the decisions of the sponsor(s) identified therein, which shall be final and binding in all respects.

location

if you are a consumer, please note that these terms of use, its subject matter and its formation, are governed by french law. you and we both agree that the courts of france will have non-exclusive jurisdiction. [TWF: According to the EU regulation "Bruxelles I", the consumer may have the option to bring proceedings before a French court in case of litigation (i.e. his/her place of residence).]

if you are a business, these terms of use, its subject matter and its formation (and any non-contractual disputes or claims) are governed by french law. we both agree to the exclusive jurisdiction of the courts of france.

violations and additional policies

company will determine your compliance with these terms in its sole discretion and its decision shall be final and binding. any violation of these terms may result in restrictions on your access to all or part of the website and may be referred to law enforcement authorities. no waiver of any of these terms shall be of any force or effect unless made in writing and signed by a duly authorized officer of company. company reserves the right to modify or discontinue this website, or any portion thereof without notice to you or any third party. upon termination of your membership or access to the website, or upon demand by company, you must destroy all materials obtained from this website and all related documentation and all copies and installations thereof. you are advised that company will enforce its rights. company, in its sole discretion, reserves the right to disqualify and terminate access or use of any individual found to be (i) tampering with the operation of the website; (ii) acting in violation of these terms; (iii) acting in an unethical or disruptive manner; or (iv) acting with intent to annoy, abuse, threaten or harass company its representatives or any other individual in any manner related to the website.

if any provision of these terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision will not affect the validity of the remaining provisions of these terms, which will remain in full force and effect. the section titles in these terms are for your convenience only and do not have any legal or contractual effect.

COPYRIGHT AND OTHER INFRINGEMENTS NOTICE

if you are a copyright owner and believe that any community content appearing on the Site or in any community feature has been copied in a way that infringes upon your copyrights, you may submit a notification to Company pursuant to Article 14(1)(a) of the E-Commerce Directive (2000/31/EC) by providing the following information in writing for further detail to the copyright agent named below:

  • your name, address, position, nationality, place and date of birth, telephone number, and email addressif you are an individual; your company details, name, headquarters, legal representative for a company;
  • a description of the copyrighted work or other content that you claim has been infringed or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
  • the exact url or a description reasonably sufficient to permit Company to locate where the alleged infringing material is located;
  • the reason why the copyrighted work or other content shall be removed, together with any relevant legal provision;
  • a copy of the written notification addressed to the alleged infringer or publisher of the copyrighted work or other infringed content requesting removal or modification of such content, containing its name and contact details, or the reason why the alleged infringer or publisher could not be contacted;

upon receipt of the written notification as outlined above, company will promptly remove the material that is alleged to be infringing or make its access impossible

contact us

if you have any questions, comments or concerns about our website or these terms of use, you may contact us at customer_care@katespade.eu

the effective date of these terms is October 1st, 2014.