Terms and Conditions of Sales

Legal Notices

The purpose of these Terms and Conditions of Sale (hereinafter "T&C”) are, first, to inform any purchaser (“you” or the “Customer”) of the terms and conditions under which Jean Patou (hereinafter “PATOU” or the “Vendor”) sells and delivers the products ordered on its www.patou.com website (the “Site”) and, second, to set out the rights and obligations of the Customer and the Vendor (jointly the “Parties”) with regard to such sales. These T&C apply, without limitation or reservation, to all orders of products offered for sale by PATOU on its Site (the “Orders”).

By making a purchase on the Site, the Customer is unreservedly agreeing to entirety of the T&C. The T&C applicable to the Order are those accepted by the Customer when placing the Order.

These T&C are supplemented by the Terms of Service (ToS) of the Site and by the Privacy & Cookies Policies.

 NOTE: THESE T&C CONTAIN A DISPUTE RESOLUTION AND ARBITRATION PROVISION INCLUDING CLASS ACTION WAIVER THAT AFFECTS CUSTOMER’S RIGHTS UNDER THESE T&C AND WITH RESPECT TO DISPUTES CUSTOMER MAY HAVE WITH PATOU. CUSTOMER MAY OPT OUT OF THE BINDING INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER AS PROVIDED BELOW.

Update

 Last update in April 2020

Article 1 : Identity of the Vendor

Name: Jean Patou SAS,

Address: 24-32 rue Jean Goujon, 75008 Paris, FRANCE

Siren: 831 242 359

Phone: +33 (0)1 42 01 23 69

E-mail:information@patou.fr

Article 2 : Products, Prices and Payment Terms

2.1 Description of the Products

The Customer may select one or more products from among the different categories presented on the Site (the “Products”).

PATOU may, at any time, change the range of Products offered for sale on its Site, depending, in particular, on supplier-related constraints, without this however having an effect on the Orders in progress.

Although efforts are made to ensure that the hue, color or brightness of the Products, photos of which are displayed on the Site, are faithful to the original Products, variations may occur, particularly due to the technical limitations of the color renderings of a computer device.

IIf you have any questions regarding the Products and their use, any additional questions or advice requests, you may contact the PATOU team of advisers using the “Contact Us” section of the Site or by sending an email at the following address: information@patou.fr.

2.2 Availability

The Product offerings presented on the Site are valid within the limits of available inventory. PATOU reserves the right to refuse some Orders.

Information about availability of the Products is given to the Customer when they place their Order and, exceptionally, errors may occur.

While we may confirm Orders by email, the receipt of an email order confirmation does not constitute our acceptance of an Order or our confirmation of an offer to sell a Product. Should the Products be totally or partially unavailable after placing the Order, the Customer will be notified by e-mail as soon as possible of the unavailability of the Product and of the total or partial cancellation of their Order.

In this case, the Customer will be reimbursed for the price of the unavailable ordered Product promptly and, at the latest, within 30 days after the Customer’s payment.

2.3 Price of the Products

The price of each Product is shown in U.S. dollars including all taxes and duties, except state taxes. When applicable, USA state taxes will be added on top of the retail price after you enter your shipping address.

2.4 Placing an Order and Payment

Before validating their Order, by clicking on “Confirm Order”, the Customer always has the option to check the details of their draft Order and correct any mistakes.

To validate their Order, the Customer must check the box opposite the message “By checking the following box, I acknowledge that I have read and accepted the Terms and Conditions of Sale”. They must then choose one of the proposed payment methods shown on the same page.

Once this step is validated, the Order will be confirmed to the Customer by email.

The Order may be paid for by PayPal, AMEX, Discover or credit card (cards of the Visa and Mastercard networks). The Customer agrees and understands that they will be subject to the terms and conditions and privacy policy of any third party payment site such as PayPal. The Customer’s bank card is debited when the Order is accepted. If a Product that is ordered is unavailable, it will not be charged or debited.

Once payment has occurred PATOU will provide the Customer with a copy of their Order and payment confirmation.  It is the Customer’s responsibility to register and print their order and payment confirmation if they wish to retain the details of their transaction.

The Customer will be notified of dispatch of their Order by email.

IMPORTANT:

Please note that purchases made on the Site are reserved for non-professional, individual customers for their own use (or for gift purposes); PATOU therefore sells its Products only in quantities corresponding to the usual average needs of a household. You may not purchase any item from this Site for resale by you or any other person. PATOU reserves the right to refuse or cancel any Order for which the number of Products (for a single order or several orders combined) does not correspond to the usual average use of a household, any Order which may indicate that an economic activity is carried out by the Customer in connection with the Products ordered or more generally, any abnormal Orders within the meaning of the applicable case law.

PATOU reserves the right to suspend or cancel fulfilment of an Order and/or delivery, regardless of its nature and level of fulfilment, in the event of no or partial payment of any sum due by the Customer, in the event of a payment incident, or in the event of fraud or attempted fraud relating to the use of the PATOU Site. If your credit card has already been charged for the purchase and your order is cancelled before shipment, we will issue a credit to your credit card account.

Article 3 : Delivery of Products

3.1 Delivery Arrangements

Place of Delivery

Delivery is made by courier (including DHL Express) to the address indicated by the Customer within the Continental US.

The different possible delivery methods are listed on the Site in the “Delivery” section.

Delivery Lead Time

The Customer's order will be delivered to the Customer within the time set forth on the Site when placing the Order and in any case, no later than 30 days from the order confirmation email (excluding pre-orders).

In the event PATOU cannot ship within this time frame PATOU shall contact you via email to obtain your consent to new shipping and delivery dates. If you do not agree with the new shipping date, you will have the right to cancel the Order for a full refund of your payment for the unshipped products.

Should the specified delivery date be exceeded after Customer having received email confirmation that the Products have been shipped, please promptly contact the Customer Service department at: information@patou.fr.

In the event of the delivery lead time being exceeded after shipment not due to a force majeure event, the Customer can coordinate for a replacement product to be shipped immediately by contacting Customer Service; or if Customer does not want a replacement, Customer will be able to cancel their Order subject to the following conditions:

• After first sending formal notice to PATOU’s Customer Service department to make the delivery within a reasonable additional period of time and when this formal notice has remained without effect or,

• Without delay or prior formal notice, if the Customer proves that this delivery period was an essential condition of their Order.

The formal notice or cancellation request of the Order must be sent by registered letter with a request for acknowledgement of receipt to the address indicated in the “Contact Us” section of the Site.  In this case, PATOU will refund the amounts paid by the Customer and collected by PATOU for the Order in question.

The refund will be made to the same method of payment used, as soon as possible and no later than 14 days after the date on which the purchaser exercised their right to obtain cancellation of their Order. 

Otherwise, if the Order is not returned in full, or if the investigation does not reveal any fault attributable to PATOU or to the carrier, the Customer will not be entitled to a refund of the amounts paid, unless the Customer demonstrates, by any means, that it is not responsible for this situation.

Delivery Charges

All costs of preparing and shipping the Order will be communicated to the Customer at the moment of placing the Order and, in any event, prior to payment. 

The price of the different possible delivery methods is listed on the Site in the “Delivery” section

Receipt of Products & Complaints – defects, missing items, damaged packages –

The Customer must check the condition of the packaging and the number of packages on receipt of the Products. 

The Customer shall be informed by email if partial shipments are necessary.  If partial shipments will exceed the originally quoted shipment and delivery times, we will contact you via email for your consent to the new shipping dates. If you do not accept the new dates, you may cancel the delayed unshipped portion of your Order.

If the Customer notices a defect in the package (damaged package, open package, trace of liquid, etc.) they must, if possible, refuse the package, or, if this is not possible, accept the delivery but not open the package. In all cases, the Customer must contact PATOU as soon as possible and no later than 3 business days from delivery, either by email at information@patou.fr,or any other method as indicated in the “Contact Us” section of the Site.

Receipt of Products & Complaints – defects, missing items, damaged packages –

The Customer must check the condition of the packaging and the number of packages on receipt of the Products. 

The Customer shall be informed by email if partial shipments are necessary.  If partial shipments will exceed the originally quoted shipment and delivery times, we will contact you via email for your consent to the new shipping dates. If you do not accept the new dates, you may cancel the delayed unshipped portion of your Order.

If the Customer notices a defect in the package (damaged package, open package, trace of liquid, etc.) they must, if possible, refuse the package, or, if this is not possible, accept the delivery but not open the package. In all cases, the Customer must contact PATOU as soon as possible and no later than 3 business days from delivery, either by email at information@patou.fr,or any other method as indicated in the “Contact Us” section of the Site.

PATOU will then carry out all necessary checks and may, as appropriate and in accordance with the Customer’s decision, subject to return by the Customer of the entire package in question, either:

• Replace the Products purchased in the Order
• Cancel and refund the Order. The refund will be made to the same method of payment used, as soon as possible and no later than 14 days after the date on which the purchaser exercised their right to obtain cancellation of their Order.

PATOU will then carry out all necessary checks and may, as appropriate and in accordance with the Customer’s decision, subject to return by the Customer of the entire package in question, either:

• Replace the Products purchased in the Order
• Cancel and refund the Order. The refund will be made to the same method of payment used, as soon as possible and no later than 14 days after the date on which the purchaser exercised their right to obtain cancellation of their Order.

3.2. Transfer of Risks

The transfer of risks between the Vendor and the Customer takes place upon receipt of the Order at the place of delivery designated by the Customer. Accordingly, the Vendor undertakes to bear the risks of storage and carriage to the place of delivery designated by the Customer. The Customer is responsible for the Products delivered to them as of their physical hand-over, the transfer of possession resulting in transfer of the risks.

Article 4 : Product Return and Cancellation

The Customer may exercise their right to cancel within 30 days of receipt or collection of their Product, without having to give reasons and without penalty.

For a single Order, delivered by separate deliveries, the period runs from receipt of the last Product included in the same Order.

However, the cancellation right cannot be exercised for Products that are:

- opened or unsealed and/or used after delivery and which cannot be returned for reasons of hygiene or health protection (in particular cosmetics and hazardous products subject to approved packaging);

- made according to the Customer's specifications or clearly customised.

To exercise their cancellation right, the Customer must contact the Customer Service department either by email at the following address information@patou.fr, or as indicated in the “Contact Us” section of the Site.

The Customer must use the return label provided for this purpose, and then prepare their return package according to the instructions given by the Customer Service department. In such case, the return will be free of charge for the Customer and return costs are borne by PATOU. If Customer choices to return the Products using any different method, then the Customer shall be solely liable for the costs and risks of such return.

Collect-shipment or Freight-collect packages will not be accepted, and Products must be returned complete (accessories, instructions, labels, certificates of authenticity, etc.), in perfect condition, in their original wrapping and packaging. The Customer must attach the return voucher with their package. Without these items, the return will not be accepted.

It should be noted that the Customer may also return the cancellation form by postal mail, or (ii) by making any other unambiguous written cancellation request to 24-32 rue Jean Goujon, 75008 Paris  or to the email address: information@patou.fr.

The Vendor will, in return, send the Customer an acknowledgement of receipt to confirm that their cancellation request is being considered.

It is the Customer’s responsibility to retain proof of this return. Mailing and/or carriage of the returned Products is the Customer’s responsibility.

On receipt of the returned Products, an email will be sent to the Customer to inform them of the result of the quality control prior to any refund.

Subject to compliance with the above conditions:

• for the return of all Products included in the Customer’s Order; the Vendor will refund the Customer all amounts paid in connection with the cancelled Order.
• for a return of only part of the Products included in the Customer’s Order, the Vendor will refund the Customer the purchase price of the Product(s) returned within the context of their cancellation request.

The refund is always made according to the original payment method used for the purchase. The refund of returned Products will be made within fourteen (14) days from the date on which the Vendor has recovered the Products or on receipt, at the address referred to above, of proof of shipment of the Products, whichever date is earlier. Products returned incomplete, spoilt, damaged, degraded or soiled by the Customer will not be refunded.

For any question about the return conditions and cancellation right, the Customer may contact PATOU either by email at the following address information@patou.fr, or as indicated in the “Contact Us” section of the Site.

Article 5 : Guarantees

5.1 Existing guarantees and activation conditions

Specific commercial guarantees may apply to the Products. They are indicated on the Site and given to the Customer with the delivered Product.

Except for the express commercial warranties provided in writing, the Products are provided on an “as-is” basis and Patou makes no representations or warranties of any kind, express or implied, as to the products. To the fullest extent permissible by law, Patou disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose.

For any request regarding the legal or commercial guarantees, the Customer may contact the Customer Service department via the “Contact Us” section of the Site or by email at the following address information@patou.fr. 

  

Article 6 : Liability

The Customer alone is the judge of the appropriate character, in line with their needs and their consumption, of the Products that they order on the Site. The Vendor disclaims all liability for any use of the Products that is not in accordance with their intended use.

PATOU disclaims all liability with respect to the obligations of these T&C should the non-performance of its obligations be attributable to a third party, to the fault of a Customer, or to the occurrence of a force majeure event.

To the maximum extent permitted by applicable law, in no event shall Patou be liable to Customer for any indirect, extraordinary, exemplary, punitive, special, incidental, or consequential damages (including loss of data, revenue, profits, use or other economic advantage) however arising, even if Patou knows there is a possibility of such damage.

If applicable law does not allow all or any part of the above limitation of liability to apply to you, the limitations will apply to you only to the extent permitted by applicable law.

Article 7 : Complaints - Information

For any information, complaint or question regarding the Terms and Conditions of Sale on the Site or the Products themselves, the Customer may contact the Customer Service department via the “Contact Us” section of the Site or by email at the following address information@patou.fr. 

Article 8 : Personal Data

Personal data relating to the Customer are processed by PATOU for the purposes, in particular, of managing the Site and Orders. For more details on how PATOU processes its Customers’ personal data and on Customers’ rights regarding personal data protection, please refer to PATOU’s Privacy & Cookies Policy .

IMPORTANT: It is the Customer’s responsibility to keep their contact information up to date. PATOU disclaims all liability should a delivery not be made due to an error in the Customer’s contact information.

Article 9 : Force Majeure

The performance by the Vendor of all or part of its obligations will be suspended in the event of an act of God or force majeure event that obstructs or delays its performance. The Vendor will not bear any responsibility for this suspension.

Article 10 : Disputes - Applicable Law

These T&C are governed by and subject to the laws of the State of New York and of the United States of America (US).They are written in English. Should they be translated into other languages, the English version will prevail in the event of a contradiction.

DISPUTE RESOLUTION AND ARBITRATION; CLASS ACTION WAIVER

Please read this carefully. It affects your rights.

Most Customer concerns can be resolved quickly and to a Customer’s satisfaction by contacting PATOU at information@patou.fr or the “Contact Us” section of the Site.This Provision facilitates the prompt and efficient resolution of any disputes that may arise between Customer and PATOU.  Arbitration is a form of private dispute resolution in which persons with a dispute waive their rights to file a lawsuit, to proceed in court and to a jury trial, and instead submit their disputes to a neutral third person (or arbitrator) for a binding decision.  Customer has the right to opt-out of this Provision (as explained below), which means Customer would retain its right to litigate its disputes in a court, either before a judge or jury.

Please read this Provision carefully.  It provides that all Disputes between Customer and PATOU shall be resolved by binding arbitration.  Arbitration replaces the right to go to court.  In the absence of this arbitration provision, Customer may otherwise have a right or opportunity to bring claims in a court, before a judge or jury, and/or to participate in or be represented in a case filed in court by others (including, but not limited to, class actions).  Except as otherwise provided, accepting these T&C constitutes a waiver of Customer’s right to litigate claims and all opportunity to be heard by a judge or jury.  There is no judge or jury in arbitration, and court review of an arbitration award is limited.  The arbitrator must follow these T&C and can award the same damages and relief as a court (including attorney’s fees).

For the purpose of this Provision, “PATOU” means PATOU and its parents, subsidiary, and affiliate companies, and each of their respective officers, directors, employees, and agents.  The term “Dispute” means any dispute, claim, or controversy between Customer and PATOU regarding any aspect of your relationship with PATOU, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, or negligence), or any other legal or equitable theory, and includes the validity, enforceability or scope of this Provision (with the exception of the enforceability of the Class Action Waiver clause below).  “Dispute” is to be given the broadest possible meaning that will be enforced, and shall include any claims against other parties relating to services or products provided or billed to you (such as PATOU’s licensors, suppliers, dealers or third-party vendors) whenever you also assert claims against us in the same proceeding.

THE PARTIES EACH AGREE THAT, EXCEPT AS PROVIDED BELOW, ANY AND ALL DISPUTES, AS DEFINED ABOVE, WHETHER PRESENTLY IN EXISTENCE OR BASED ON ACTS OR OMISSIONS IN THE PAST OR IN THE FUTURE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT IN ACCORDANCE WITH THIS PROVISION.

Pre-Arbitration Claim Resolution

For all Disputes, whether pursued in court or arbitration, Customer must first give PATOU an opportunity to resolve the Dispute.  Customer must commence this process by mailing written notification to PATOU, at at 24-32 rue Jean Goujon, 75008 Paris, France.  That written notification must include (1) Customer’s name, (2) Customer’s address, (3) a written description of Customer’s Claim, and (4) a description of the specific relief Customer seeks.  If PATOU does not resolve the Dispute within 45 days after it receives your written notification, Customer may pursue its Dispute in arbitration.  You may pursue your Dispute in a court only under the circumstances described below.

Exclusions from Arbitration/Right to Opt Out

Notwithstanding the above, Customer or PATOU may choose to pursue a Dispute in court and not by arbitration if (a) the Dispute qualifies, it may be initiated in small claims court; or (b) CUSTOMER OPTS-OUT OF THESE ARBITRATION PROCEDURES WITHIN 30 DAYS FROM THE DATE THAT CUSTOMER FIRST CONSENT TO THESE T&C (the “Opt-Out Deadline”).  Customer may opt out of this Provision by mailing written notification to PATOU, at 24-32 rue Jean Goujon, 75008 Paris, France.  Customer’s written notification must include (1) Customer’s name, (2) Customer’s address, and (3) a clear statement that Customer does not wish to resolve disputes with PATOU through arbitration.  Customer’s decision to opt-out of this Arbitration Provision will have no adverse effect on Customer’s relationship with PATOU.  Any opt-out request received after the Opt-Out Deadline will not be valid and Customer must pursue your Dispute in arbitration or small claims court.

Arbitration Procedures

If this Provision applies and the Dispute is not resolved as provided above (Pre-Arbitration Claim Resolution) either Customer or PATOU may initiate arbitration proceedings.  The American Arbitration Association (“AAA”), www.adr.org, or JAMS, www.jamsadr.com, will arbitrate all Disputes, and the arbitration will be conducted before a single arbitrator.  The arbitration shall be commenced as an individual arbitration, and shall in no event be commenced as a class arbitration.  All issues shall be for the arbitrator to decide, including the scope of this Provision.

For arbitration before AAA, for Disputes of less than $75,000, the AAA’s Supplementary Procedures for Consumer-Related Disputes will apply; for Disputes involving $75,000 or more, the AAA’s Commercial Arbitration Rules will apply.  In either instance, the AAA’s Optional Rules For Emergency Measures Of Protection shall apply.  The AAA rules are available at www.adr.org or by calling 1-800-778-7879.  For arbitration before JAMS, the JAMS Comprehensive Arbitration Rules & Procedures and the JAMS Recommended Arbitration Discovery Protocols For Domestic, Commercial Cases will apply.  The JAMS rules are available at www.jamsadr.com or by calling 1-800-352-5267.  This Provision governs in the event it conflicts with the applicable arbitration rules.  Under no circumstances will class action procedures or rules apply to the arbitration.

Because the Website and these T&C concern interstate commerce, the Federal Arbitration Act (“FAA”) governs the arbitrability of all Disputes.  However, the arbitrator will apply applicable substantive law consistent with the FAA and the applicable statute of limitations or condition precedent to suit.

Arbitration Award – The arbitrator may award on an individual basis any relief that would be available pursuant to applicable law, and will not have the power to award relief to, against or for the benefit of any person who is not a party to the proceeding.  The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party.  Such award will be final and binding on the parties, except for any right of appeal provided by the FAA, and may be entered in any court having jurisdiction over the parties for purposes of enforcement.

Location of Arbitration – Customer or PATOU may initiate arbitration in either New York, NY or the federal judicial district that includes Customer’s billing address.  In the event that Customer selects the federal judicial district that includes Customer’s billing address, PATOU may transfer the arbitration to New York, NY in the event that it agrees to pay any additional fees or costs Customer incurs as a result of the transfer, as determined by the arbitrator.

Payment of Arbitration Fees and Costs – PATOU will pay all arbitration filing fees and arbitrator’s costs and expenses upon Customer’s written request given prior to the commencement of the arbitration.  You are responsible for all additional fees and costs that you incur in the arbitration, including, but not limited to, attorneys or expert witnesses.  Fees and costs may be awarded as provided pursuant to applicable law.  In addition to any rights to recover fees and costs under applicable law, if Customer provides notice and negotiate in good faith with PATOU as provided in the section above titled “Pre-Arbitration Claim Resolution” and the arbitrator concludes that Customer is the prevailing party in the arbitration, Customer will be entitled to recover reasonable attorney’s fees and costs as determined by the arbitrator.

Class Action Waiver

Except as otherwise provided in this Provision, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action or private attorney general action) unless both Customer and PATOU specifically agree to do so following initiation of the arbitration.  If you choose to pursue your Dispute in court by opting out of the Arbitration Provision, as specified above, this Class Action Waiver will not apply to Customer.  Neither Customer, nor any other user of the Website can be a class representative, class member, or otherwise participate in a class, consolidated, or representative proceeding without having complied with the opt-out requirements above.

Jury Waiver

Customer understands and agrees that Customer and PATOU are each waiving the right to a jury trial or a trial before a judge in a public court.  In the absence of this Provision, Customer and PATOU might otherwise have had a right or opportunity to bring Disputes in a court, before a judge or jury, and/or to participate or be represented in a case filed in court by others (including class actions).  Except as otherwise provided below, those rights are waived.  Other rights that Customer would have if Customer went to court, such as the right to appeal and to certain types of discovery, may be more limited or may also be waived.

Severability

If any clause within this Provision (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause will be severed from this Provision, and the remainder of this Provision will be given full force and effect.  If the Class Action Waiver clause is found to be illegal or unenforceable, this entire Provision will be unenforceable and the Dispute will be decided by a court.

Continuation

This Provision shall survive the termination of Customer’s service with PATOU or its affiliates.  Notwithstanding any provision in these T&C to the contrary, we agree that if PATOU makes any change to this Provision (other than a change to the Notice Address), Customer may reject any such change and require PATOU to adhere to the language in this Provision if a dispute between the Parties arises.

Article 11 : Various

11.1 Partial Non-validity

If one or more of the provisions of these T&C are judged invalid or declared as such pursuant to a law, regulation or following a final decision of a court with jurisdiction, the other provisions will retain all their force and scope. This is the entire agreement between you and PATOU relating to the matters contained in these T&Cs.

11.2 Non-waiver

Should one of the Parties not require the other Party to perform any of the obligations provided for in these T&C, this situation may not be construed for the future as a waiver of the obligation in question. 

11.3 California Consumer Notice

Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: This Site and the Products are provided by Jean Patou SAS, 24-32 rue Jean Goujon, 75008 Paris, France.  If you have purchased anything from the Site, a description of what you have purchased and relevant pricing information are posted as part of the ordering process for this Site (please consult your individual purchase confirmation e-mail for the charges you incurred).  If you have a question or complaint regarding the Site or Products, please contact Customer Service at +33 1 42 01 23 69 or information@patou.fr.  You may also contact PATOU by writing Jean Patou SAS, 24-32 rue Jean Goujon, 75008 Paris, France. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by post at 1625 North Market Blvd., Sacramento, CA 95834 or by telephone at (916) 445-1254 or (800) 952-5210 or Hearing Impaired at TDD (800) 326-2297 or TDD (916) 322-1700.

11.4 Electronic Communications

You agree that communications between you and Patou use electronic means whether you visit the Site or send Patou e-mails, or whether Patou posts notices on the Site or communicates with you via e-mail. For contractual purposes, you (1) consent to receive communications from Patou in an electronic form; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Patou provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.

Terms and Conditions of Use

Purpose of the General Terms and Conditions of Use

Access to the Website and use of the Website content are governed by these general terms and conditions of use (hereinafter the “GTCU”).

The purpose of these GTCU is to establish the terms and conditions for use of the Website and the user’s rights and obligations.

Please read these GTCU carefully before using this Website. By accessing the Website, you agree to comply with these GTCU, which apply to all of the services available on the Website, each time you visit the Website.

Accordingly, you must agree to these GTCU in their entirety, without reservation, before using the Website. If you do not, you shall not use the Website.

PATOU retains the right to update or modify the information and content of the Website, including these GTCU, without notice, at any time. Any change will take effect from the time of publication. Such changes are deemed to be agreed to, without reservation, by any user who accesses the Website after the changes are published online. We advise you to reread the GTCU regularly in order to stay informed of any such changes. Nonetheless, you will be notified of any substantial change.

Access to the Website

Access to the Website is free of charge. Charges for access to and use of the telecommunication network shall remain the responsibility of the user, under the terms and conditions determined by access providers and telecommunications operators.

Intellectual Property

This entire Website is subject to international legislation on copyright, trademarks and intellectual property more generally, in respect of both its form (choice, site map, arrangement of subjects, methods of accessing data, databases or any organization of data, etc.) and each of the components of its content (trademarks, texts, images, videos, etc.). That content, which appears on the pages of this Website, is the exclusive property of PATOU and its contributors, who grant no license or any right other than the right to visit the Website. Reproduction of any content published on the Website is authorized only for informational purposes to the extent that it is intended solely for personal and private use. Any reproduction, extraction or use of content for other purposes is expressly prohibited. In exceptional cases, certain content (texts, images) remains the property of its respective authors but is still subject to the same rules and restrictions as the content referred to above.

The use of all or part of the Website, in particular arising from the download, reproduction, transmission or performance, for purposes other than for personal and private use for a non-commercial purpose is strictly prohibited. Anyone who violates these provisions shall be liable both for copyright infringement (and trademark counterfeiting.

Hypertext links to any of the pages or elements of the Website may be created only with our prior written authorization, which may be revoked at any time. Websites that have a hypertext link to the Website or to any of its elements are not under the control of PATOU and PATOU declines any responsibility (in particular editorial responsibility) arising from the access to, and the content of, such websites.

The Website may feature links to other websites or other Internet sources. Since PATOU cannot control those external websites or sources, PATOU shall not be held liable for having made those websites and external sources available and declines any liability arising from the content, advertisements, products, services or any other information or data that is available on or via those external websites or sources. Additionally, PATOU shall not be held liable for any actual or alleged damage or losses caused by or arising from the use of or reliance on the content, products or services available on those external websites or sources.

Obligations of the User

You agree not to (a) use or permit the misuse of the Website or the use of the Website for unlawful, fraudulent or malicious purposes, in particular, but without limiting the generality of the foregoing: (i) by hacking the Website or introducing malware, including viruses, or harmful data into the Website or any operating system; (ii) by using a web crawler or any other system, device or program (whether automated or otherwise) to extract data or information from PATOU’s Website or servers; (iii) by sending or storing documents containing viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (iv) by interfering with or damaging the integrity or performance of the Website and the data it contains; (v) by attempting to obtain unauthorized access to the Website or to its associated systems or networks; or (vi) by attempting to obtain unauthorized access to the accounts or personal information of other users.

PATOU may, at any time and for any reason, implement any measure to terminate, without notice, the use of the Website by any visitor that violates these GTCU, without prejudice to any damages that PATOU retains the right to claim from such a visitor in that regard.

Liability of Patou

PATOU will make its best efforts to ensure that the information published on the Website is accurate and up to date. PATOU reserves the right to correct that information at any time and without notice.

Where permitted by applicable law, we may not be held liable for:

- any vagueness, inaccuracy or omission in connection with the information available on the Website, or

- any damage resulting from an intrusion by a third party leading to the alteration of the information published on the Website or making access impossible.

ADDITIONALLY, PATOU DOES NOT GUARANTEE THE CONTINUOUS OPERATION OF THE WEBSITE OR warrant THAT IT WILL BE FREE OF BUGS OR VIRUSES. IN THIS REGARD, THE USER REPRESENTS THAT he or she AGREEs TO THE CHARACTERISTICS AND LIMITATIONS INHERENT TO THE Internet.

Availability; Maintenance

PATOU will make its best efforts to maintain the Website at a reasonable level of functioning and availability. PATOU reserves the right to limit access to the Website and use of the Website by the user at any time, without notice, in order to carry out maintenance or make changes. PATOU shall not be liable in the event that access is interrupted as a result of such maintenance or update.

Personal Information

PATOU will protect the personal data of Website visitors and customers. PATOU invites Website customers and visitors to readthe Personal Data Protection Policy, which includes provisions for the methods by which their personal data is collected, processed, used, transmitted, retained and protected.

Minors

The Website is not designed for children and PATOU does not intentionally collect information on the Website from children. By using this Website, you represent, acknowledge and agree that you are at least the legal age of consent in your country, or if you are less than the legal age of consent in your country but more than 13 (a “Minor”), that you are using the Website with the consent of your parents or legal guardian and that you have received your parents’ or legal guardian’s permission to use the Website and agree to these GTCU. If you are a parent or legal guardian of a Minor, you hereby agree to bind the Minor to these GTCU and to fully indemnify and hold harmless PATOU if the Minor breaches any of these GTCU. If you are not at least 13 years old, you may not use the Website at any time or in any manner or submit any information to PATOU or the Website. If PATOU discovers that a child under 13 has provided with personal information, such information will be deleted from the systems and associated account.

Applicable Law; Language

Subject to any other applicable mandatory laws, these GTCU are governed by and subject to the laws of the State of New York and of the United States of America (US). 

Where parties fail to reach a mutually agreed solution or mediation is not used, all disputes that may arise under the GTCU, to the maximum extent allowed by applicable mandatory laws, shall be referred to the exclusive jurisdiction of the Paris courts.

Reporting Inappropriate Content

You can report any content that you find inappropriate to the following address: information@patou.fr