The present legal statement of sale (hereinafter the “General T&C”) are applicable to any online sale of products bearing the trademarks “POVILENAS” (hereinafter referred to as the “Products”), through the official e‑commerce website www.povilenas.com (hereinafter the “Website”), proposed by the company POVILENAS SAS, a simplified joint stock company, with registered seat at 50, avenue des Champs Elysees, 75008 Paris France, duly registered at the Company House of Paris under the number 985 142 751 RCS Paris.
IMPORTANT! Please carefully read the following terms and conditions (“Terms”) governing your use (including access, browsing and/or use of any interactive features) of those portions of the POVILENAS website accessible at www.povilenas.com, as well as and including any other POVILENAS websites or web pages accessible through the POVILENAS website or other promotional websites POVILENAS hosts or sponsors such as minisites or pages on third party social networking services, directed at consumers in the France.
PLEASE NOTE THAT THESE TERMS CONTAIN PROVISIONS THAT GOVERN THE RESOLUTION OF DISPUTES BETWEEN US AND YOU AND LIMIT OUR LIABILITY TO YOU (SEE “AGREEMENT TO ARBITRATE DISPUTES” BELOW). THESE PROVISIONS SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. IT CONTAINS PROCEDURES FOR MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
Please see the separate terms of use applicable to other country-specific or region-specific web pages available on those pages when you access them through www.povilenas.com or through other promotional websites.
Use of the Sites is subject to these legally binding Terms and constitutes your agreement to be bound by and to act in accordance with these Terms. We reserve the right to change the Terms at any time. Any such changes will be posted on the Sites and you agree to be bound by such changes.
1. PRIVACY
Please read our Privacy Policy,which governs the manner in which we will handle any personal information that you provide to us. The Privacy Policy is subject to the terms and conditions of this Legal Statement.
2. OWNERSHIP RIGHTS/USE OF SITES MATERIALS
POVILENAS SAS and/or its worldwide affiliates (“POVILENAS”) own all right, title and interest in and to the Sites and/or own the content and applications on the Sites (including on social network websites).
POVILENAS owns all copyrights for all material on the Sites or has a valid right from a third party to use the material on the Sites. POVILENAS also owns all trademarks, service marks, trade names, logos and domain names used on or in connection with the Sites or has a valid right from a third party to use any such material. Any modification or use of the materials from the Sites for any purpose not explicitly permitted is a violation of POVILENAS copyright and other proprietary rights.
No part of the Sites may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any manner whatsoever, except for viewing purposes, without the prior written consent of POVILENAS. This prohibition also includes framing any content from the Sites, as well as unauthorized linking.
3. DISCLAIMER/LIMITATION ON LIABILITY
Use of and browsing in the Sites are at your own risk. Neither POVILENAS nor any party representing or otherwise affiliated with POVILENAS in creating or presenting the Sites are liable for any direct, indirect, special, punitive, incidental, exemplary or consequential damages arising out of your use of the Sites, except where such liability or damage is the result of POVILENAS own negligence, fraud, willful injury or willful violation of law. To the extent permitted by law and without limiting any of the foregoing, everything on the Sites is provided to you on an “as is” basis, without warranty, either express or implied, of any kind, including, but not limited to, the implied warranties of merchantability, fitness for a specific purpose, freedom from computer virus, or non-infringement.
Solicited information that you submit to POVILENAS by email in order to register or sign up, purchase products and/or to submit appropriate questions to the Sites are subject to our Privacy Policy. All unsolicited reviews, comments or other submissions, including ideas, concepts, techniques, know-how and the like, shall not be treated as confidential by POVILENAS and POVILENAS may use such materials in any manner that it deems appropriate. For more information on this topic, please see our Privacy Policy.
4. LINKS
POVILENAS is not responsible for third party websites that link to or from the Sites. POVILENAS does not endorse any such sites or the goods or services offered on such sites. POVILENAS disclaims all responsibility for the accuracy of any of the information provided on such linked sites and any goods or services provided or purchased from such sites. POVILENAS shall not be held liable or responsible for the content of any sites that link to or from the Sites.
5. ACCURACY OF INFORMATION
POVILENAS takes reasonable steps to ensure the accuracy of the information included in the Sites. However, POVILENAS takes no responsibility for errors or omissions in the content of the Sites and does not guarantee the accuracy, completeness or timeliness of information provided on the Sites. Information provided on the Sites is subject to change at any time without prior notice.
6. PRICES
When applicable, prices shown in Euro and do not include taxes. Prices are provided for informational purposes and are not binding. The price displayed is based on such jurisdiction as inferred from your computer IP address. Prices remain subject to change without notice.
7. NO WAIVER
The failure on the part of POVILENAS to enforce any part of these Terms shall not constitute a waiver of any of POVILENAS rights hereunder for past or future actions.
8. REVIEWS, QUESTIONS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT TERMS OF USE
By submitting a review, question, comment, communication or other content (“Statements”) to povilenas.com (“the Site”), I grant POVILENAS a perpetual, non-exclusive, worldwide license to use, post and repost my Statements, in whole or in part, either alone or accompanied by other material, with or without with my name, for any purpose whatsoever, including advertising, promotion or trade, in any media now known or hereafter invented, including, but not limited to, any and all Internet media (including the Site and any other POVILENAS websites and applications, third party sites, and social networking sites), in all forms of print, point-of-sale and publicity materials (e.g., press releases) and in POVILENAS email marketing campaigns and newsletters.
I warrant and represent that the Statements I have made regarding POVILENAS and/or its products are true and accurately reflect my honest opinion of and experience with POVILENAS and its products. I have made the Statements without any prior payment or promise of payment, or any other benefit having been made to me and without any expectation by me of any payment or benefit in return. I agree to notify POVILENAS immediately if any of the Statements no longer represent my true and honest experience and opinions. I further warrant and represent that I am not an employee of POVILENAS, I am not a paid spokesperson for POVILENAS.
I agree that the Statements made by me may be used in whole or in part and may be shortened and/or otherwise modified as necessary to meet the requirements of copy or layout, provided that the general message is not changed. I further agree that the Statements made by me may be modified and/or altered by POVILENAS to remove any store names and/or person information or other sensitive information about myself or others.
POVILENAS expects all of its users to be respectful of other people. Your Statements will not be posted and/or may be withdrawn if they violate the following guidelines (“Guidelines”), which prohibit any Statements that contain any of the following types of content:
- Obscenities, discriminatory language, or other language that is generally not considered appropriate for a Site of this nature, or any public forum, including any content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual or promotes or encourages violence.
- Advertisements, ‘spam’ content, and/or off-topic messages or content that is unrelated to Chanel’s products and services or references third-party products, offers, or websites.
- Any content or materials which you do not own and/or are otherwise infringing or for which you have not secured all necessary rights.
- Email addresses, URLs (povilenas.com is OK), phone numbers, physical addresses, or other forms of personal information or likeness of another person.
- Comments that harass, abuse, disparage, and/or defame another person or entity, including any other authors who post to this Site or any of their comments.
- Discussion of medical conditions or claims of medical effectiveness.
- Content that is fraudulent, deceptive, misleading, unlawful and/or promotes unlawful activities.
POVILENAS will make all determinations as to what Statements are appropriate for this Site and in compliance with these Guidelines in its sole discretion. Statements must be in English in order to be posted. Do not include Personal Information (including last name, email address, phone number, order number) in your Statement.
9. AGREEMENT TO ARBITRATE DISPUTES
WE BOTH AGREE TO ARBITRATE.
You hereby agree that any dispute between you and POVILENAS relating to, concerning, or arising out of this Legal Statement (including disputes about the validity, scope, or enforceability of this arbitration provision), the Privacy Policy, the Sites and/or an item purchased through the Sites (“Covered Disputes”) will be settled by binding arbitration administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (the “Rules” available at https://www.adr.org) in effect on the date thereof. The arbitration will be conducted before a single neutral arbitrator chosen by the parties and may be held by telephone or in-person. Disputes may also be resolved by submission of documents and without in-person or telephonic hearings as provided by the Rules. To the extent necessary, the locale of the hearing will be the county of the consumer’s home address or, at the consumer’s election, such other locale as mutually agreed to by the parties, or as determined by the arbitrator. Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s rules. In the event you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, POVILENAS will pay as much of your filing, administrative, and arbitrator fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. The arbitration will allow for the discovery or exchange of non-privileged information relevant to the dispute.
NO CLASS ACTIONS.
The arbitration before the AAA shall proceed solely on an individual basis without the right for any claims to be arbitrated on a class action basis or on a basis involving claims brought in a purported representative capacity on behalf of others. The arbitrator’s authority to resolve and make written awards is limited to claims between you and POVILENAS alone. Claims may not be joined or consolidated unless agreed to in a writing by all parties. No arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration. YOU UNDERSTAND THAT BY AGREEING TO THIS ARBITRATION PROVISION YOU ARE WAIVING YOUR RIGHT TO MAINTAIN OTHER AVAILABLE DISPUTE RESOLUTION PROCESSES, SUCH AS A COURT ACTION, OR A CLASS ACTION. If you initiate a litigation or any other proceeding against POVILENAS in violation of this paragraph, and POVILENAS is the prevailing party in any such litigation or proceeding, you agree to pay POVILENAS reasonable costs and attorneys’ fees incurred in connection with its enforcement of this paragraph.
THIS LEGAL STATEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF FRANCE WITHOUT REGARD TO ITS CONFLICTS OF LAWS RULES. For any matters which are not subject to arbitration as set forth in this Legal Statement, you irrevocably submit and consent to the exclusive jurisdiction and venue of the state and federal courts located in or closest to the County of France. You agree not to raise the defense of forum non conveniens.
10. SEVERABILITY
If any term of these Terms is to any extent illegal, otherwise invalid, or incapable of being enforced, such term shall be excluded to the extent of such invalidity or unenforceability; all other terms hereof shall remain in full force and effect; and, to the extent permitted and possible, the invalid or unenforceable term shall be deemed replaced by a term that is valid and enforceable and that comes closest to expressing the intention of such invalid or unenforceable term. If application of this Severability provision should materially and adversely affect the economic substance of the transactions contemplated hereby, the Party adversely impacted shall be entitled to compensation for such adverse impact, provided the reason for the invalidity or unenforceability of a term is not due to serious misconduct by the Party seeking such compensation.
11. MISCELLANEOUS
You acknowledge and agree that these Terms, together with our Privacy Policy, constitute the entire agreement between you and POVILENAS with respect to the use of the Sites.
POVILENAS may change these Terms at any time by posting changes on the Sites. Any changes are effective immediately upon posting. The continued use of the Sites constitutes your agreement to any revised Terms.
The Sites are not intended to provide any medical information about the skin or otherwise.
BY USING THE SITES, YOU SIGNIFY YOUR UNDERSTANDING AND AGREEMENT TO COMPLY WITH THE TERMS & CONDITIONS OF USE.
LAST UPDATED: Aprill 2024
POVILENAS, 2024 All Rights Reserved