Legal Statement

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