TERMS OF USE

Last updated on 21 may, 2024

ARTICLE 1. DEFINITIONS

For the purpose of these terms of use and the and access to the Site and its content, words, terms and expressions hereafter shall have the meanings set forth below if not defined elsewhere in these terms of use:

“Browsing Information(s)” or “Browsing”: shall mean the information relating to the connection of a Terminal to an electronic communication service at a given time. The Company (and/or authorized service providers and agents) may process Browsing Information, even if it does not necessarily know which Terminal the User is using, nor who the User is at a given time.

This Browsing Information concerns, in particular:

• The IP (Internet Protocol) address of the Terminal connected to the Internet;
• The date and time of connection of a Terminal to an electronic communication service;
• The URL (/Internet address) of the referrer or referring Internet page from of the Terminal accessing an electronic communication service;
• The type of operating system used by the Terminal (Windows, MacOS, Linux, Unix, BeOS, etc.);
• The type and version of the Browsing software used by a Terminal (Internet Explorer, Safari, Firefox, Chrome, Opera, etc.);
• The language of the Browsing software used by the Terminal;
• The identifier and content of a Cookie file stored by the Company (and/or authorized service providers and agents) on the Terminal.

“Company”: shall mean Jacquemus, a limited liability corporation with sole shareholder (“société par actions simplifiée à associé unique”) duly organized under the laws of France, with a capital of €74,787.00, whose registered office is located at 69, rue de Monceau, 75008, Paris, France, registered with the Paris Companies Register under identification number 793 555 368.

“Cookie(s)”: shall mean a text file that may be saved, subject to the User’s choices, in a dedicated space on the User’s Terminal hard disk when consulting an online service using his or her browser software. A Cookie file allows its sender to identify the Terminal in which it is registered, during the period of validity or registration of the Cookie.

“Form”: shall mean the form by which the Users provide their information to the Company in order to create a User Account, to request to be contacted, and/or to make an appointment at one of the stores.

“Login Identification”: shall mean a confidential identifier (in the form of an email address or other) and password allowing access to the User Account and certain content on the Site.

“Personal data”: shall mean any information regarding an identified or identifiable natural person. For clarity, identifiable means that a person can be identified, directly or indirectly, in particular by reference to an identification number or to one or more specific elements pertaining to his/her physical, physiological, mental, economic, cultural or social identity. In the context of the policy on the use of cookies, they refer to the data that refer to the single User at a given time, regardless of the terminal that he/she uses.

“Site”: shall mean the Internet site accessible at http://www.jacquemus.com from which the Company promotes and makes available various services to the User, information about the stores and points of sale, and the products for sale, which shall be governed separately by the terms of sale accessible here: Terms of Sale

“Terminal(s)”: shall mean the hardware equipment (computer, tablet, smartphone, telephone, etc.) that the User uses to consult and access the Site.

“TOU”: shall mean all of the stipulations provided for herein, the purpose of which is to define the terms and conditions and rules of access and use of the Site, as well as the information contained therein.

“User”: shall mean a natural person who has reached the age of majority, or duly organized and existing legal entity which has access to the Site and the services made available by the Company.

“User Account”: shall mean the account created by the User on the Site or through an already existing account with a third party partner or provider, to access various services made available by the Company on the Site.

ARTICLE 2. PURPOSE OF THESE TOU

These TOU govern the terms of access and use of the Site by any User as well as the rights and obligations of the parties.

The sole purpose of these TOU is to inform the User of the conditions of access and use of the Site and the services made available by the Company. Other services provided by the Company via the Site are subscribed by the User to the Company under separate terms and conditions of sale accessible here: Terms of Sale.

ARTICLE 3. ACCESS TO THE SITE AND SERVICES

Access to the Site is free of charge via the Internet. Any costs incurred by the User to access the Site are at the User’s expense.

To use the Site, and benefit from the Services, Users must be at least 18 years old (or any legal age of majority in their country of residence) and be legally capable of concluding agreements and using this Site in accordance with these TOU.

To access certain services, the User must create a User Account and fill in the Form with a Login Identification.

As a reminder, the Login Identification is strictly personal and confidential. By registering with the Site, the Users undertake to provide truthful and accurate information concerning their civil status and contact details, particularly their email address.

Any User who has a User Account may also unsubscribe from the Site by going to the dedicated page on their personal space. This will then be effective within a reasonable time.

In the event that Users notice an abnormal or fraudulent use of their Login Identification, they must notify the Company as soon as possible.

The Company reserves the right to modify, correct or delete any and all content of, or to temporarily suspend, the Site, in particular for maintenance purposes, at any time, without prior notice and without any compensation.

ARTICLE 4. USERS’ OBLIGATIONS

When using the Site, the User undertakes to comply with the laws and regulations in force, to respect the rights of third parties and comply with the provisions of these TOU.

Each User has the obligation:

• To provide accurate, truthful, current and complete information when creating a User Account;
• To update without delay the information provided when creating a User Account if this information changes in time;
• Not to divert the purpose of the Site to commit felonies, misdemeanors or infractions punishable by law;
• Not to hack the Site or introduce malicious codes, viruses, or harmful data;
• Not to attempt to gain unauthorized access to the User Accounts or Personal Data of other Users;
• Not to use the information on the Site directly or indirectly for commercial purposes;
• Not to use directly or indirectly the information on the Site for use on a competitor’s site or comparison sites;
• Not to disparage the Site;
• Not to attempt to divert Internet users to another site or a competitor; and more generally
• To use the Site in accordance with the purpose described in these TOU.

Consequently, the Company cannot be held responsible or legally liable in case of misuse of the Site by the User.

The Company reserves the right, at any time and at its sole discretion, to suspend or remove access to the Site to one or more Users and to take any and all measures against them if the Company considers that such User(s) do not comply with the TOU.

ARTICLE 5. ENTRY INTO FORCE - DURATION

These TOU are concluded for an indefinite term as from the first access to the Site and for as long as they are applicable under the conditions specified in article 6, below.

ARTICLE 6. MODIFICATION OF THE TERMS OF USE

The Company may change these TOU at any time.

The new TOU will come into force on the date of their publication on the Site, provided that the User has been informed of their publication online.

Continued use of the Site by the User who was so informed, after the date of publication of the modified TOU, will be deemed to have been done by consenting to the new version of the TOU.

ARTICLE 7. PERSONAL DATA

The Company complies with the obligations of the amended Statute no. 78-17 of 6 January 1978 relating to information technology, files and freedoms and the provisions of EU Regulation 2016/679 of 25 May 2018 on data protection (hereinafter, the “GDPR”) regarding the personal information that the User may provide to it in the context of its Browsing on the Site.

The personal data processing policy which details the terms and conditions applicable to the collection and processing of Users’ Personal Data on the Site is accessible here: Privacy policy..

ARTICLE 8. COOKIES

When consulting the Site, in order to improve the User’s experience, the technical data that may be saved in connection with access to or use of the Site are the User’s Internet Protocol (IP) address and information relating to the User’s configuration (type of machine, browser, etc.) and Browsing (date, time, pages consulted, occurrence of errors, etc.).

The latter information may be stored, through the User’s browser software, in short text files (cookies), subject to the User’s choice, in a dedicated space on the Company’s storage device and/or that of its partners, who may process this technical data in a completely anonymous manner, not linking it to any information that would allow the User to be identified, and are not transmitted to third parties.

The word “Cookie(s)” refers to a text file that may be saved, subject to the User’s choices, in a dedicated space on the hard drive of the User’s Terminal, when consulting an online service through his/her/its browser software. A Cookie file allows its issuer to identify the Terminal in which it is saved, for the duration of the validity or saving of the Cookie. Each cookie is assigned an anonymous identifier.

No Personal Data is collected or connected to the anonymous user identifier and the User may oppose the use of such cookies or by sending an email to the following address: customercare@jacquemus.com.

The Users can set their browser to know when a cookie is going to be activated. This allows the Users to reject the use of the Cookie or to ask the browser to delete the Cookie at the end of their visit on the Site. The Company’s online store accessible on the Site cannot be used if cookies are rejected by the User.

8.1          Purpose of cookies issued on the Site

Depending on their category, the Cookies are used for the following purposes:

• Cookies of an essentially technical nature

A first category of cookies is those that are strictly necessary for the use of the Site. They are required to Browse the Site while taking advantage of all its functionalities (support of the Internet user’s operating system, display, etc.). They allow certain functionalities and the presentation of the Site to be adapted to the browser and the hardware of the Users. They are essentially technical cookies that do not identify the User as an individual.

• Cookies of a functional nature

A second category of Cookies concerns functionality. They allow for simplification of the User’s Browsing. Indeed, they can save some of the User’s choices (language, User name, country, information relating to a previously entered form, etc.).

If these Cookies are not accepted by the User, some or all of these services may not function properly.

• Cookies for Targeted advertising

These Cookies may be placed on the Site by the Company’s advertising partners. They may be used by these companies to profile the User’s interests and serve you relevant advertisements on other websites. They do not store Personal Data directly but are based on the unique identification of the User’s browser and device. If the User does not allow these Cookies, the User’s advertising will be less targeted.

These Cookies allows to offer the Users advertising content that is targeted with regard to their centers of interests. These Cookies are deposited by the Company’s partners.

The Company does not manage its partners’ Cookies and has no control over them.

• Cookies for audience measurement

These Cookies allow the Company to establish the number of visits and the sources of the traffic, to measure and improve the performance of the Site. They can also help identify the most/least visited pages and assess who the User navigates through the Site. All information collected by these Cookies is aggregated and therefore anonymized. If the User does not accept these Cookies, the Company will not be informed of the User’s visit to the site.

• Cookies from social networks

Another category of Cookies comes from social networks: these Cookies, issued by third parties, allow the User to share the content of the Site with other people. This is the case, for example, of the “Share” or “Like” buttons from social networks such as “Facebook”, “Instagram”, “Twitter”, “LinkedIn” “Snapchat” and “Tiktok”.

The Company draws the attention of Users to the identification that such a button allows. Indeed, the social network that provides this type of Site button is likely to identify the User through this button, even if the User has not clicked on it when consulting the Site. Indeed, certain Cookies allow the social network concerned to follow the Users’ Browsing on the Site, as long as the Users account with this social network is activated on their Terminal during their Browsing on the Site.

The Company has no control over the process used by the social networks to collect information relating to the User’s browsing on the Site and associated with the Personal Data they may already have. The User is invited to consult the privacy protection policies of these social networks in order to be understand the purposes of use, in particular advertising, of the browsing information that they may collect through these Site buttons.

These protection policies must in particular allow the Users to exercise their choices with these social networks, in particular by setting up their user accounts for each of these networks.

8.2          The User’s choices regarding Cookies

The Users may, at any time, set their browser to modify their choices regarding Cookies through the Cookies manager at the following address: .

8.2.1       Consent to Cookies

The registration of a Cookie on a Terminal is essentially subject to the will of the Terminal User, which the Users may express and modify at any time and free of charge through the choices offered by their browsing software or by the cookie manager available here: . If the Users have accepted in their browsing software the saving of Cookies on their Terminal, the Cookies integrated in the pages and contents that they have consulted may be temporarily stored in a dedicated area of the relevant Terminal. They can only be read there by their sender.

The validity term of the consent to the deposit of Cookies is thirteen (13) months. At the end of this period, the User’s consent is collected again.

8.2.2       Refusal of Cookies

If the Users refuse to save Cookies in their Terminal, or if the User deletes those saved there, they will no longer be able to benefit from a certain number of functionalities that are nevertheless necessary to Browse certain areas of the Site.

This would be the case if the Users try to access content or services that require the Users to identify themselves.

This would also be the case if the Company (or its service providers) cannot recognize, for technical compatibility purposes, the type of browser used by the User’s Terminal, its language and display settings or the country from which the Terminal in question appears to be connected to the Internet.

Where applicable, the Company declines any and all responsibility and legal liability for the consequences related to the degraded operation of its services resulting from the impossibility for it to save or consult the Cookies necessary for their operation and which the User has refused or deleted.

8.2.3       How to exercise the choices according to the Browser used by the User

The settings for Cookie management depend on the User’s browser.

As an indication, the User may oppose the saving of Cookies by configuring his browser as follows:

• For Internet Explorer:
  • Go to Tools > Internet Options.
  • Click the Privacy tab, and under Settings, select Advanced.
  • Choose whether he/she wants to allow, block, or be prompted to set the desired configuration for internal and third-party cookies.
  • To find out more: https://support.microsoft.com/en-us/windows/delete-and-manage-cookies-168dab11-0753-043d-7c16-ede5947fc64d#:~:text=In%20Internet%20Explorer%2C%20select%20the,box%2C%20and%20then%20select%20Delete
• For Firefox:
  • At the top of the Firefox window, click on the shield, located on the left in the address bar.
  • Select protection setting.
  • Select the tracking protection he/she prefers.
  • To find out more: https://support.mozilla.org/en-US/kb/clear-cookies-and-site-data-firefox and https://support.mozilla.org/en-US/kb/block-websites-storing-cookies-site-data-firefox
• For Chrome:
  • Click on the wrench icon in the browser toolbar.
  • Select Settings.
  • Click on Show Advanced Settings.
  • In the Privacy section, click the Content Settings button.
  • In the “Cookies” section, he/she can block cookies and data from third-party sites.
  • To find out more: https://support.google.com/chrome/answer/95647?hl=en&co=GENIE.Platform%3DAndroid
• For Safari:
  • Go to Settings > Preferences
  • Click on the Privacy tab
  • In the “Block Cookies” area, check the “always” box.
  • For more information: https://support.apple.com/en-us/105082
• For Opera:
  • Go to Settings > Preferences
  • Click on the advanced tab and click on “Privacy & security”.
  • In the “cookies” area, check the box “Never accept cookies”.
  • To find out more: http://help.opera.com/Windows/10.20/fr/cookies.html  

ARTICLE 9. LIMITATION OF LIABILITY

The Users use the Site under their exclusive responsibility and they are exclusively liable for the consequences of this use. It is therefore up to the Users to protect themselves against the dangers of the Internet, and to take any and all necessary measures to protect his/her own data and/or software from contamination by any viruses that might affect their computer or hardware.

The Company shall in no case be held liable for any direct or indirect damage of any nature whatsoever resulting from any use of the Site by Users.

The Company endeavors to ensure, to the best of its ability, the accuracy and updates to the information published on the Site, the content of which it reserves the right to correct at any time and without notice.

The Company shall not be liable for any damages arising from the use or inability to use the Site.

The Company shall not be liable for any malfunction attributable to software, whether or not incorporated in, or provided with, the Site.

As regards the online appointment service for the store located on avenue Montaigne in Paris, the Company makes its best efforts to enable the Users to obtain an appointment as soon as possible and under the best possible conditions. However, the Company will not be responsible or legally liable if the Users do not obtain an appointment date that is convenient for them.

ARTICLE 10. HYPERLINKS TO THE SITE

The sites with hypertext links to the Site are not under the control of the Company; consequently, the latter declines any responsibility and liability (including of editorial nature) regarding these sites. In order to understand the practices of these third-party sites, the User is invited to consult their general conditions of use and their privacy policies.

The Site may contain links to other sites. As these websites are published and managed by third parties, and insofar as the Company has no control over the content published on these websites, the User is prohibited from taking any legal action against the Company in relation to the content of these websites or their use.

Furthermore, the existence of a link between the Site and third-party site does not mean that the Company approves the content of such third party websites and, in particular, the use that may be made of the same. These links are made available to Users solely to facilitate their Browsing.

ARTICLE 11. INTELLECTUAL PROPERTY

Access to the Site grants to Users a personal and non-exclusive right to use and access the Site.

All elements contained in the Site and/or the Site itself are protected by copyright, by trademark, design and model law and/or any other intellectual property rights.

For the purpose of this section, “elements” shall mean, notably: photographs, images, drawings, illustrations, texts, videos, logos, screensavers, wallpapers, trademarks, models, software, etc.

These elements are the property of the Company or are used with the consent of their owners.

Except for consulting or accessing the Site and its Content, no other right (license, title, other) is granted to the User in connection with the Company’s intellectual property rights.

Any reproduction, transmission, broadcast, use, adaptation, modification, incorporation, translation, marketing, in whole or in part, by any process and on any medium whatsoever (paper, digital, etc.) is prohibited, without the prior written authorization of the Company, under penalty of constituting an infringement of copyright and/or designs and/or trademarks, or unfair competition.

ARTICLE 12. FORCE MAJEURE

The Company offers no guarantee as to the uninterrupted operation and/or continued availability of the Site in the event of force majeure or fortuitous events as defined by the regulations in force and by the applicable case law of French courts.

ARTICLE 13. INDEPENDENCE OF THE PROVISIONS

If any of the provisions of these TOU were to be declared null and void with regard to a statutory or regulatory provision in force and/or a final and binding court ruling, it will be deemed non-existent, but will in no way affect the validity of the other clauses which will remain fully applicable.

ARTICLE 14. GOVERNING LAW – JURISDICTION AND VENUE

These TOU are governed by and interpreted in accordance with the substantive laws of the Republic of France.

Subject to mandatory non-waivable laws, the competent courts under the appellate jurisdiction of the Court of Appeal of Paris (France) shall have exclusive jurisdiction to adjudicate any dispute arising out of these TOU.