These terms and conditions (the “General Terms and Conditions of Use”) govern your use of, access to, and purchase of products from the United States section of www.valentino.com (the "US Site") and are entered into between you and VALENTINO, a company having an address at Via Turati 16/18, 20121 Milano, Italy ("VALENTINO"). By using the US Site, you agree to comply with and be bound by these General Terms and Conditions of Use. If you do not agree to these General Terms and Conditions of Use, please do not use the US Site.
The US Site is offered and available to users who are 18 years of age or older and reside in the United States or any of its territories or possessions. By using the US Site, you represent and warrant that you are of legal age to form a binding contract with VALENTINO and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the US Site.
www.valentino.com is the property of VALENTINO and is operated with the technical and operational support of YNAP Corporation, a Delaware corporation having an address at 100 Fifth Avenue – 12th floor, New York, NY 10011, United States of America (the "Provider").
2. OTHER SITE POLICIES
If any of these General Terms and Conditions of Use shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
3. PURCHASE FOR PERSONAL USE ONLY
You may purchase products on the US Site only for personal use and not for resale. By placing your order, you certify that you are purchasing products for personal use only and not for resale and you accept our General Terms and Conditions of Sale. WE RESERVE THE RIGHT TO REFUSE ORDERS FOR ANY REASON WITHOUT EXPLANATION.
4. USER'S SUBMISSIONS
We welcome your comments and feedback regarding the US Site, our products and our services. We do not, however, accept confidential or proprietary information. Accordingly, all comments, feedback, reviews, ideas, suggestions, materials, images, information and other submissions (collectively, the “Submissions”) disclosed, submitted or offered to VALENTINO and/or to the Provider via the US Site, or otherwise, are not confidential. You represent and warrant that any Submissions that you submit to VALENTINO and/or to the Provider are made in compliance with applicable laws, do not violate any right of any third party, including privacy and intellectual property rights. By disclosing, submitting or offering any Submissions to VALENTINO and/or to the Provider, you grant the Provider and/or VALENTINO a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative work from, distribute, display such Material throughout the world in any media. You are and shall remain solely responsible for any Submissions you disclose, submit or offer to VALENTINO and/or the Provider.
All content included on www.valentino.com US Site, such as works, images, pictures, dialogues, music, sounds, videos, documents, drawings, figures, logos, menus, web pages, graphics, colors, schemes, tools, fonts, designs, diagrams, layouts, methods, processes, functions and software (collectively, the "Content"), is the property of VALENTINO or its content suppliers and is protected by national and international copyright and other intellectual property laws. You may not reproduce, publish, distribute, display, modify, create derivative work from, or exploit in any way, in whole or in part, the Content without the prior express written consent of VALENTINO, or its content suppliers, as the case may be. VALENTINO and its content suppliers shall have the exclusive right to authorize or prohibit in their sole discretion any reproduction, publication, distribution, display, modification, creation of derivative work from, or exploitation in any way of, in whole or in part, the Content. VALENTINO and its content suppliers shall have the right, at any time, to claim the authorship of any Content posted on the US Site and to object to any use, distortion or other modification of such Content. Any reproduction, publication, distribution, display, modification, creation of derivative work from, or exploitation in any way of, the Content expressly authorized in writing by VALENTINO or its content suppliers shall be carried out by you for lawful purposes only and in compliance with all applicable laws.
7. LICENSE AND SITE ACCESSThe viewing, printing or downloading of any Content from the US Site grants you only a limited, nonexclusive and nontransferable license for use solely by you for your own personal use and not for re-publication, distribution, assignment, sublicense, sale, preparation of derivative works or other use. No part of any Content may be reproduced in any form or incorporated into any information system, electronic or mechanical, other than for your personal use (but not for resale or redistribution). Any unauthorized use of the US Site and the Content immediately terminates the license granted by VALENTINO.
You will be solely responsible for all damages and other harm resulting from your use of the US Site and the Content. VALENTINO and the Provider shall not be deemed liable for any use of the US Site and the Content made by you in violation of any applicable laws and regulations and these General Terms and Conditions of Use.
We reserve the right to withdraw or amend the US Site, and any service or Content we provide on the US Site at any time and from time to time.
8. COPYRIGHT COMPLAINTS
We respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact a VALENTINO copyright representative by emailing firstname.lastname@example.org / email@example.com for further information by selecting ‘Privacy’ as the subject in the appropriate form in the Customer Care area.
9. LINKING TO THE WEBSITE AND SOCIAL MEDIA FEATURES
You must not establish a link to the US site in such a way as to suggest any form of association, approval, or endorsement on our part.
The US Site may provide certain social media features that enable you to (i) link from your own or certain third-party websites (“Third Party Websites”) to certain content on the US Site; (ii) send emails or other communications with certain content, or links to certain content, on the US Site; or (iii) cause limited portions of the content of the US Site to be displayed or appear to be displayed on your own or certain Third Party Websites. You may use these features solely as they are provided by VALENTINO and/or the Provider, and solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions provided by VALENTINO and/or the Provider with respect to such features.
10. LINKS TO OTHER WEB SITES
VALENTINO and/or the Provider provides hyperlinks to Third Party Websites only for the convenience of its users. By providing hyperlinks to Third Party Websites, VALENTINO and the Provider do not recommend that its users access such Third Party Websites.
YOU AGREE THAT YOUR USE OF ANY THIRD PARTY WEBSITE IS AT YOUR SOLE RISK AND WITHOUT WARRANTIES OF ANY KIND BY VALENTINO AND THE PROVIDER, EXPRESSED, IMPLIED OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY OR NONINFRINGEMENT. UNDER NO CIRCUMSTANCES ARE THE PROVIDER AND VALENTINO LIABLE FOR DAMAGES ARISING FROM ANY TRANSACTION BETWEEN YOU AND ANY THIRD PARTY WEBSITE OR FOR ANY INFORMATION APPEARING ON THIRD PARTY WEBSITES.
11. GOVERNING LAW AND JURISDICTION
The laws of the State of New York (without giving effect to its conflicts of law principles) govern all matters arising out of or relating to these General Terms and Conditions of Sale, including, without limitation, their validity, interpretation, construction, performance, and enforcement. All legal proceedings arising out of or in connection with these General Terms and Conditions of Sale shall be brought solely in the City of New York, State of New York.
12. DISPUTE RESOLUTION AND BINDING ARBITRATION
(a) YOU AND VALENTINO AGREE TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.
ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHWERISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS OR USE OF THE US SITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.
(b) The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction.(c) You may elect to pursue your claim in small-claims court rather than arbitration if you provide us with written notice of your intention to do so within 60 days of your purchase. The arbitration or small-claims court proceeding will be limited solely to your individual dispute or controversy.
(c) You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR VALENTINO WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.
If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced.
13. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE US SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY VALENTINO AND THE PROVIDER ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. VALENTINO AND THE PROVIDER MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, VALENTINO AND THE PROVIDER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. VALENTINO AND THE PROVIDER DOES NOT WARRANT THAT THIS SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE; THEIR SERVERS; OR EMAIL SENT FROM VALENTINO AND THE PROVIDER ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. VALENTINO AND THE PROVIDER WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
14. GEOGRAPHIC RESTRICTIONS
The US Site is provided for use only by persons located within the United States. VALENTINO make no representation that the content of the US Site is accessible or appropriate outside of the United States. Access to the US Site may not be legal by certain persons or in certain countries. If you access the US Site from outside the United States, you do so at your own risk and are responsible for compliance with local laws that may be applicable to your access of the US Site.