Terms of Use & Privacy Policy
Recitals
These terms and conditions of use (the "Terms of Use") apply to the website www.petitsezane.com, accessible worldwide (hereinafter the " Website "). The Website is the property of Benda Bili.
The privacy policy is set out in Article 3 of these Terms of Use.
The legal notices are set out at the end of these Terms of Use.
BY USING THE WEBSITE, YOU AGREE TO THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, PLEASE DO NOT USE THE WEBSITE.
Benda Bili reserves the right, at its sole discretion and at any time, to alter, amend, supplement or delete portions of these Terms of Use. It is the responsibility of all users of the Website to periodically review these Terms of Use for any changes. Your continued use of the Website following the posting of changes to these Terms of Use will mean that you accept those changes. As long as you comply with these Terms of Use, Benda Bili grants you a personal, limited, non-exclusive and non-transferable right to access and use the Website.
1. Ownership of Website content
All text, graphics, user interfaces, visual interfaces, photographs, trademark(s), logo(s), sound(s), music(s), illustration(s) and computer code (together referred to as “Content”), including the design, structure, selection, coordination, expression, appearance, presentation and arrangement of such Content, contained on the Website is owned, directly or under license, by Benda Bili, and is protected by trade dress, copyright, patent and trademark laws, and various other applicable intellectual property and unfair competition laws.
No part of the Website or any Content may be copied, reproduced, republished, uploaded, posted, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, website or medium for publication or distribution, or for any commercial undertaking whatsoever, without the prior written consent of Benda Bili.
2. Use of the Website
The use of devices, programs, algorithms or other automatic methods such as “deep linking”, “page scraping”, “robot” or “spider”, or any similar or equivalent manual process, to access, acquire, copy or monitor any part of the Website or the Content, the reproduction or circumvention of the navigational structure or presentation of the Website or the Content to obtain or attempt to obtain data, documents or information by means not intentionally made available to the user through the Website, is strictly prohibited. Benda Bili reserves the right to prohibit this type of activity.
Illegal access to any section or functionality of the Website, to any other system or network connected to the Website or to a Benda Bili server, to the services offered on or through the Website, by hacking or by any other illegitimate means is also prohibited.
The user is not authorized to attempt to probe, analyze or test the vulnerability of the Website or any network connected to the Website, nor to breach the security and authentication measures implemented on the Website or networks connected to the Website. The user is also not authorized to reverseengineer, trace or attempt to trace information on other users or visitors to the Website, nor to use the Website or the services or information made available or offered on or through the Website, in any way whatsoever, with the aim of disclosing such information, whether or not appearing visibly on the Website.
Any measure that would impose an excessive or unreasonable load on the infrastructure of the Website or of Benda Bili’s systems or networks, or of any system or network connected to the Website or to Benda Bili, is prohibited.
User may not use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any transaction conducted on the Website or with any other person's use of the Website.
The user shall not attempt to forge headers or manipulate identifiers in any way to disguise the origin of any message or transmission sent to Benda Bili on or through the Website. The user must not pretend to be or represent someone else, nor impersonate another physical or moral entity.
Any use of the Website or its Content for any purpose that is unlawful or prohibited by these Terms of Use, or to encourage any illegal or other activity that infringes the rights of Benda Bili or any third party, is strictly prohibited.
3. Newsletter subscription / personal data processing - Privacy policy
Users wishing to receive newsletters must perform two actions: enter their email address and check the box “I agree to receive Sézane newsletters”. In the absence of these two actions, the user will not receive newsletters from Sézane.
Any subscription to the newsletter without the authorization of the owner of the email address provided is strictly forbidden.
Benda Bili, in its capacity as data controller, undertakes to comply with the provisions of the Regulation on the protection of individuals with regard to the processing of personal data and on the free movement of such data No. 2016/679 of the European Parliament and of the Council of April 27, 2016 and of French law No. 78/17 of January 6, 1978, as amended (hereinafter the “Law on Information Technology and Privacy”).
For the purposes of this Article, the terms “Process” or “Processing” refer to any operation or set of operations such as collecting, recording, organizing, structuring, storing, adapting or modifying, extracting, consulting, using, limiting, deleting or destroying. The term “Data” as used herein means any information relating to an identified or identifiable user, in this case an e-mail address and sometimes a surname and/or first name when the e-mail address collected contains such additional data.
The Data collected in connection with these Terms of Use is recorded in a computer file by Benda Bili.
Benda Bili only uses the e-mail address provided for the purpose of sending the newsletter, the purpose of which is to inform the user of current events. Processing is based on the user’s prior consent.
No other processing of personal data is carried out by Benda Bili.
Benda Bili may be required to disclose user Data in cases where it is required to do so by law, in the context of legal proceedings or at the compulsory request of an administrative or public authority, in accordance with applicable laws and regulations.
Benda Bili does not share any Data with third parties for commercial purposes. Data is not rented, exchanged or sold to third parties.
Benda Bili takes all necessary measures to ensure the protection and confidentiality of the Data it holds and/or processes in accordance with legal provisions.
User Data will not be retained longer than is strictly necessary for the purposes set out herein, in accordance with applicable laws and regulations. Users who have subscribed to the newsletter may unsubscribe by clicking on the link provided for this purpose in any newsletter sent, or by sending a written request to hello@sezane.com.
Should you have any questions, you may also send an e-mail to the following address: hello@sezane.com or lodge a complaint with the CNIL.
4. Links to other sites
This Website may contain links to other independent third-party websites (“Partner Websites”). These Partner Websites are provided solely for the information of users. These Partner Websites are not under the control of Benda Bili, and Benda Bili is not responsible for and does not endorse the content of these Partner Websites, including any information published on them. Users are solely responsible for their interactions with these Partner Websites.
5. Warranty exclusions
BENDA BILI DOES NOT WARRANT THAT THE WEBSITE OR ITS CONTENT OR THE SERVICES AND FEATURES OFFERED ON THE WEBSITE WILL BE ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THE USER OF THE WEBSITE WILL OBTAIN SPECIFIC RESULTS. THE WEBSITE AND ITS CONTENT ARE PROVIDED “AS IS” AND “SUBJECT TO AVAILABILITY”. ALL INFORMATION PROVIDED ON THE WEBSITE IS SUBJECT TO CHANGE WITHOUT NOTICE. BENDA BILI CANNOT GUARANTEE THAT FILES AND DATA DOWNLOADED BY THE USER FROM THE WEBSITE ARE FREE OF VIRUSES, CONTAMINATION OR MALICIOUS FEATURES.
BENDA BILI DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF ACCURACY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. BENDA BILI ALSO DISCLAIMS ANY LIABILITY FOR THE ACTS, OMISSIONS OR CONDUCT OF THIRD PARTIES IN CONNECTION WITH OR ASSOCIATED WITH THE USER’S USE OF THE WEBSITE. THE USER REMAINS SOLELY RESPONSIBLE FOR HIS/HER USE OF THE WEBSITE AND THE PARTNER WEBSITES. THE ONLY REMEDY OPEN TO THE USER IS TO STOP USING THE WEBSITE.
The above warranty exclusions apply to any and all damage, loss or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in performance or transmission, computer virus, communication line failure, theft, destruction, unauthorized access or use, whether for breach of contract, malpractice, negligence or any other cause of action.
Benda Bili reserves the right to take any of the following actions at any time and without notice: (1) modify, suspend or block the operation of or access to all or part of the Website, for any reason whatsoever; (2) alter all or part of the Website and any applicable rules or conditions; (3) interrupt the operation of all or part of the Website, for the purposes of periodic maintenance or otherwise, error correction or modifications.
6. Limitation of liability
To the extent permitted by law, in no event shall Benda Bili be liable for any indirect, exemplary, incidental or punitive damages, including lost profits, even if Benda Bili has been advised of the possibility of such damages.
7. Violation of these Terms of Use
Benda Bili may disclose the information we hold about a user if such disclosure is necessary in connection with an investigation or complaint regarding the use of the Website, or to identify, contact or bring legal action against someone suspected of damaging or interfering with, whether intentionally or not, the rights or property of Benda Bili or with the rights or property of visitors or users of the Website. Benda Bili reserves the right, at any time, to disclose any information it deems necessary to comply with any law, regulations, legal process or governmental request. Benda Bili may also disclose a user’s data if required or permitted to do so by applicable law, including in connection with the exchange of information with other companies and organizations for fraud protection purposes.
The user acknowledges and agrees that Benda Bili may retain information transmitted or communicated by the user to Benda Bili through the Website or the services offered on or via the Website, and may disclose such information to the extent required by law or if Benda Bili determines that such retention or disclosure is reasonably necessary to (1) comply with any applicable regulation, (2) enforce these Terms, (3) respond to claims that such information violates the rights of others, or (4) protect the rights, property and safety of Benda Bili, its employees, users of and visitors to the Website, and the public.
The User agrees without limitation that Benda Bili may, in its sole discretion and without notice, terminate any right of access to the Website and/or prevent the User from accessing the Website in the future if it is determined that the User has failed to comply with these Terms of Use or any other agreements or guidelines that may be associated with the use of the Website. User further agrees that any violation of these Terms of Use shall constitute an unlawful and unfair business practice, and shall cause irreparable harm to Benda Bili for which monetary damages would be inadequate, and that Benda Bili may obtain any injunctive or equitable relief deemed necessary or appropriate under the circumstances. These preventive measures are intended to complement Benda Bili's other remedies.
Benda Bili may, at its sole discretion and without notice, terminate any right of access to the Website for any reason, including, without limitation, (1) at the request of any law enforcement or other governmental agency, (2) at the request of any user, (3) in the event of any interruption or material modification to the Website or any service offered on or through the Website, or (4) in the event of unexpected technical issues.
8. Applicable law; dispute resolution
Any dispute arising out of or in connection with access to or use of the Website, including any litigation, shall be governed by French law, without regard to its conflict of law provisions. The competent court within the district of the Court of Appeal of Paris, France shall have exclusive jurisdiction. Any claim 5 under these Terms of Use must be brought within one (1) month of the cause of action arising, failing which such claim shall be deemed time-barred, unless otherwise provided by law.
In the event of any controversy or dispute between a user and Benda Bili arising out of or in connection with the use of the Website, the parties shall attempt to resolve such dispute promptly and in good faith. In the event of inability to resolve such dispute within a reasonable period of time (which shall not exceed thirty (30) days), either party may submit such dispute to mediation. In the event of inability to resolve the dispute through mediation, the parties will then be free to exercise any rights or remedies available to them under applicable law.
9. Nullity
Should any provision of these Terms of Use be held by a court of competent jurisdiction invalid or unenforceable, such provision shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that better expresses the intent of these Terms of Use so as to remain in full force and effect. These Terms of Use constitute the entire agreement between the User and Benda Bili with respect to the use of the Website, and any other written or oral agreements previously existing between the User and Benda Bili with respect to such use are hereby superseded and replaced.
No tolerance, inaction or inertia on the part of Benda Bili shall be construed as a waiver of its rights under the Terms of Use.
Legal Notice
It is restated that the secrecy of correspondence is not guaranteed on the Internet and that it is the responsibility of each Internet user to take all appropriate measures to protect their own data and/or software from contamination by any viruses circulating on the Internet.
1. Publisher
Benda Bili, a French société à mission par actions simplifiée, with a share capital of €27,386, registered with the Paris Trade and Companies Register under number 534 652 854, having its registered office at 115 rue du Bac - 75007 Paris, France.
The publication director is Morgane Sézalory, legal representative of Benda Bili.
Contact: hello@sezane.com
2. Host
AWS
3. Design and production
Benda Bili
JoliCode
Effective date of Terms of Use:
