This Terms of Use (“Terms of Use”), together with the Privacy Policy, govern your use of the www.hedoneromane.com website, whether its desktop, tablet, or mobile versions, and associated applications (“our Website”).

 

Our Website is operated by Hedone Romane Sarl, (RCS Paris 491 351 821) (“Hedone  Romane” or “we” or “our” or “us”).

 

The Terms of Use apply to:

(1) all users of our Website; and

(2) all purchasers of our products made through our Website.

 

By using our Website, you acknowledge, accept, consent and agree to our Website’s Privacy Policy and Terms of Use. If you do not agree, then you are not authorised to continue to use our Website.

 

1. CONDITIONS OF USE

 

1.1 You:

 

1.1.1 shall ensure that your use of our Website is in accordance with all relevant legislation, regulations, codes of practice, guidance and other requirements of any relevant government, governmental or regulatory agency or other relevant body;

 

1.1.2 must not use our Website:

 

1.1.2.1 in connection with a criminal offence under the applicable national laws or regulations or against public order or applicable ethical standards and codes;

 

1.1.2.2 in any way which causes or is intended to cause annoyance, inconvenience or needless anxiety;

 

1.1.2.3 for any unlawful purpose whatsoever, including fraud or terrorism;

 

1.1.2.4 in any way which is abusive, harmful, threatening or defamatory or any other way that may cause offence (including, but not limited to, uploading pornographic, obscene or indecent material onto our Website);

 

1.1.2.5 in any way which breaches or could potentially breach a legal duty to a third party (including a duty of confidentiality) or which infringes or could potentially infringe a person's right to privacy;

 

1.1.2.6 in any way which promotes discrimination or is likely to incite hatred;

 

1.1.2.7 in conjunction with any commercial purpose; or

 

1.1.2.8 in any way which may infringe copyrights and/or intellectual property rights of Jeanne-Marie Chan and/or Hedone Romane as well as copyrights and/or intellectual property rights of third parties or which promotes any unlawful act.

 

1.2 We may delete or remove any content that has been uploaded and/or we may refuse to process any order for products in case of breach of the Terms of Use.

 

2. ACCESSING OUR WEBSITE

 

2.1 Access to our Website is permitted on a temporary basis and we reserve the right to withdraw or amend the service we provide without notice. We will not be liable if for any reason our Website is unavailable at any time or for any period.

 

2.2 From time to time, we may restrict access to some parts of our Website, or our entire Website, to users.

 

2.3 You are responsible for making all arrangements necessary for you to have access to our Website.

 

2.4 As part of registering for our Website, you may be asked to provide a username and password. The username, password or any other piece of information are provided as part of our security procedures. You must treat such information as confidential and you must not disclose it to any third party. You will be responsible for any losses incurred as a result of unauthorised access due to a failure to keep your username and password secure. We have the right to disable any username or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of the Terms of Use.

 

3. PURCHASING OUR PRODUCTS

 

Please review Hedone Romane Conditions of Sale ("Conditions of Sale"), which apply to all purchases of our products made through the Website. You expressly acknowledge that you have been advised of these Conditions of Sale upon entering the Website and have had access to the same. Consequently, by using the Website, you signify your assent and agreement to these Conditions of Sale and confirm that any purchases you make through our Website are governed by the same.

 

4. SUSPENSION AND TERMINATION

 

4.1 We may suspend or terminate your use of our Website:

 

4.1.1 if we believe that your use of our Website may cause us to be in breach of our regulatory requirements;

 

4.1.2 if we reasonably believe that you have violated or acted inconsistently with the letter or spirit of the Terms of Use, or violated our (or any third party's) rights;

 

4.1.3 if you are in breach of any of the material terms of the Terms of Use and, where such breach is remediable, you have not remedied such breach within 30 days of receiving written notice from us; or

 

4.1.4 at any time on 14 days' written notice.

 

4.2 The provisions entitled "Warranties and disclaimers", "Liability and indemnity" and "Other general provisions" will survive termination of the Terms of Use.

 

4.3. We shall not be liable for any delay or failure to perform any of our obligations under the Terms of Use insofar as the performance of such obligations is prevented by an event or by matters beyond our reasonable control.

 

5. WARRANTIES AND DISCLAIMERS

 

5.1 Subject to the express terms set out in the Terms of Use and to the maximum extent permitted by applicable law, we hereby disclaim all warranties, terms, and conditions, either express, implied or statutory in relation to our Website.  We and our suppliers make no warranties about any materials, content, software, text, downloads, graphics, and links or about results to be obtained from using our Website.   

 

5.2 Commentary and other materials posted on our Website are not intended to amount to advice on which reliance should be placed. To the maximum extent permitted by applicable law, we therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our Website, or by anyone who may be informed of any of its contents.

 

5.3 The Website is provided on an ‘AS IS’ basis and:

 

5.3.1 you acknowledge that the Website may not be free of bugs or errors and agree that the existence of minor bugs or errors shall not constitute a breach of the Terms of Use;

 

5.3.2 you remain responsible for your own hardware, content and any other data uploaded onto our Website and you remain solely responsible for making back-ups to protect your content and any other data contained on your account;

 

5.3.3 we accept no responsibility for any liability that arises in connection with third parties unlawfully obtaining access to your account in order to abuse the nature and intent of our Website, provided always that we will maintain security policies and procedures in accordance with good industry practice; and

 

5.3.4 we accept no responsibility for any liability that arises in connection with the theft of your username or password by unauthorised third parties.

 

6. LIABILITY AND INDEMNITY

 

6.1 The material displayed on our Website is provided without any guarantees, conditions or warranties as to its accuracy and is subject to errors or omissions. 

 

6.2 To the maximum extent permitted by law, we, other members of our group of companies, and third parties connected to us hereby expressly exclude any liability in either contract, tort, negligence, statutory duty or otherwise, arising out of or in connection with the use of or access to our Website, or inability to use of our Website, whether direct, indirect, or consequential, including:

 

6.2.1 economic losses and damages (including without limitation loss of use, revenues, data, profits, contracts, opportunity, business, business interruption or anticipated savings);

 

6.2.2 loss and damage of goodwill or reputation; or

 

6.2.3 special, incidental, indirect consequential losses or damages suffered or incurred

 

6.3 To the maximum extent permitted by law, our maximum aggregate liability under or in connection with your use of our Website, or any collateral contract, whether in contract, tort (including negligence) or otherwise, shall be limited to the value of the products that you purchase from us through our Website.

 

6.4 This does not affect our liability for death or personal injury arising from our negligence, or our liability for fraudulent misrepresentation, or any other liability, which cannot be excluded or limited under applicable law.

 

6.5 As a user, you agree to indemnify us against all costs, liabilities, expenses, losses or damages including economic losses as well as loss of goodwill and reputation whether direct, indirect, or consequential which we may sustain or incur in connection with:

 

6.5.1 any claim of any nature that any of the content or other materials uploaded by you or on your behalf infringes on copyrights and/or intellectual property rights of Jeanne-Marie Chan and/or Hedone Romane; and

 

6.5.2 any claim of any nature that any of the content or other materials uploaded by you or on your behalf infringes on copyrights and/or intellectual property rights of any third party; and

 

6.5.3 any claim of any nature that any of the content or other materials uploaded by you or on your behalf infringes the privacy of any individual.

 

7. INTELLECTUAL PROPERTY RIGHTS

 

7.1 You should assume that everything you see or read on our Website (such as logos, images, photographs, designs, illustrations, icons, texts, video clips, written and other materials) (collectively "Hedone Romane Material") is copyrighted and protected under treaty provisions and national copyright laws worldwide, unless otherwise noted.

 

7.2 Unless licensed for use by third parties to Hedone Romane or otherwise specified, Jeanne-Marie Chan is the owner of all copyrights and intellectual property rights in our Website, and of Hedone Romane Materials, including but not limited to:

 

7.2.1 patents, designs, trade marks and trade names (whether registered or unregistered), copyright and related rights, database rights, knowhow and confidential information;

 

7.2.2 all other rights of a similar nature or having an equivalent effect which currently exist anywhere in the world, or are recognised in the future; and applications, extensions and renewals in relation to any of these rights.

 

7.3 All trademarks, logos and service marks (collectively "Trademarks") which appear on our Website, registered and unregistered, are licensed for use by Jeanne-Marie Chan to Hedone Romane. Other trademarks are proprietary marks and are registered to their respective owners. Without the written authorization or permission of Jeanne-Marie Chan or of third party who owns the trademark, nothing contained on our Website should be construed as granting, by implication or otherwise, any license or right to use any trademark displayed on our Website. Misuse of any trademark displayed on our Website, or any other content on the Website, except as provided herein, is strictly prohibited.

 

7.4 You may download one computer copy or print one copy of the material on our Website for your own non-commercial, educational, private or domestic use only, provided that proprietary notices such as copyright© or trademark™ are neither modified, nor deleted or changed.

 

7.5 You are not authorised to sell, reproduce, distribute, modify, display, publicly perform, report or otherwise prepare or use any derivative or second hand works based on Hedone Romane Material in any way for any public or commercial purpose without written authorization or permission. Furthermore, the Hedone Romane Material may not be displayed or communicated on any other website, in a networked computer environment or other digital support for any purpose whatsoever without written authorization or permission.

 

7.6 Hedone Romane must always be acknowledged for all authorized use of Hedone Romane Material.   

 

7.7 Any communication or material that you transmit to Hedone Romane via our Website or by electronic mail or otherwise, excluding personally identifiable data about yourself, including, but not limited to, any data, questions or answers, comments, suggestions, or the like will be treated as non-confidential and non-proprietary by Hedone Romane. By sending communications to us, you automatically grant Hedone Romane a royalty-free, perpetual, irrevocable non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display such communication(s) alone, or as a part of other works in any form, media, or technology whether now known of hereafter developed and to sublicense such rights to anyone.  Anything you transmit may be used by Hedone Romane and its affiliated companies for any purpose, including but not limited to reproduction, disclosure, transmission, publication, broadcast and posting, or developing, manufacturing and marketing products using such information.

 

7.8   In the event of breach of any of the Terms of Use, your right to use our Website will cease immediately, your permission, if any, to use Hedone Romane Material will automatically terminate and any copies made of Hedone Romane Material must be immediately returned or destroyed. Any unauthorised use of Hedone Romane Material may infringe copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

 

8.  CHANGES TO OUR WEBSITE AND TERMS OF USE

 

8.1  Our Website changes regularly.  If the need arises, we may suspend access to our Website, or close it indefinitely.  Any of the material on our Website may be out of date at any given time, and we are under no obligation to update such material. 

 

8.2  The Terms of Use is made available or posted on our Website.  We reserve the right to modify, amend, or add to the Terms of Use at any time without prior notice.  Your use of our Website constitutes your agreement and consent to the latest version of our Terms of Use posted on our Website at the time of use of our Website.

 

9. VIRUSES, HACKING AND OTHER OFFENSES

 

9.1 You must not misuse our Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Website, the server on which our Website is stored or any server, computer or database connected to ourWebsite. You must not attack our Website via a denial-of-service attack or a distributed denial-of service attack.

 

9.2 By breaching this provision, you may be committing a criminal offence. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Website will cease immediately.

 

9.3 We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, mobile device data or other proprietary material due to your use of our Website or to your downloading of any material posted on it, or on any website linked to it.

 

10. LINKING TO THE WEBSITE

 

10.1 You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

 

10.2 You must not establish a link from any website that is not owned by you.

 

10.3 Our Website must not be framed on any other site, nor may you create a link to any part of our Website other than the home page. We reserve the right to withdraw linking permission without notice.

 

11.  LINKS FROM THE WEBSITE

 

Where our Website contains links to other sites and resources provided by third parties, these links are provided for your information only and do not imply our endorsement of those sites. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.

 

12. JURISDICTION AND APPLICABLE LAW

 

To the maximum extent permitted by law, the Terms of Use shall be governed by and construed in accordance with the laws of France without regard to its conflicts of law provisions although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country.  Any dispute arising out of or in connection with the Terms of Use (including non-contractual disputes or claims) shall be submitted to the exclusive jurisdiction of the competent courts of the France.

 

13. OTHER GENERAL PROVISIONS

 

13.1 Unless otherwise specified, the information and materials in our Website are presented solely for the purpose of promoting the products and services of Hedone Romane. We make no representation that our material is appropriate or available for use in every country of the world. You use our Website at your own risk and are responsible for compliance with applicable local laws, keeping in mind that access to our material may not be legal by certain persons or in certain countries. Our products are available in many parts of the world. However, our Website may describe products that are not available worldwide.

 

13.2 Any cause of action you may have with respect to our Website must be commenced within two years after the claim or cause of action arises.

 

13.3 You may not transfer or assign your rights or obligations in relation to your use of our Website without our prior written permission. We may transfer or assign our rights and/or obligations.

 

13.4 The failure to exercise, or delay in exercising, a right, power or remedy provided by the Terms of Use or by law shall not constitute a waiver of that right, power or remedy.

 

13.5 If any provision, or part of a provision, of the Terms of Use, is found to be illegal, invalid or unenforceable, that provision or part-provision shall be validly restated to as nearly as possible approximate the intent of the clause and, if such clause cannot be restated for any reason shall be deemed not to form part of the Terms of Use.  The legality, validity or enforceability of the remainder of the provisions of the Terms of Use shall not be affected.

 

13.6 The Terms of Use constitute the entire agreement between you and us in relation to the use of our Website, and replace and extinguish all prior agreements, draft agreements, arrangements, undertakings, or collateral contracts of any nature made by the parties, whether oral or written, in relation to such subject matter.

 

14. CONTACT OR COMPLAINTS

 

14.1 If we need to contact you, we will do so by post or e-mail sent to the address or e-mail address provided by you. You must notify us if you change your address or e-mail address.

 

14.2 If you have any concerns about material which appears on our Website or wish to contact us for any other reason, please contact us at hedoneromane@hedoneromane.com