Paco Rabanne’s website T&Cs
General Terms and Conditions of use of the Website/Legal Notice
Last update: March 2019
Contest official regulation "MILLION SPRING CONTEST"
no purchase necessary to enter or win
ARTICLE 1 - ORGANIZING COMPANY
PUIG FRANCE, S.A.S., with registered office at 65-67, Avenue des Champs Elysées, 75008 Paris (France), holder of Tax Identification Number B-64.797.129 and recorded with the Commercial Registry of Paris R.C.S. 682 030 507 (the “Organizing Company”), is organizing from [ 20th March ] until [ 26th March ], both inclusive, a contest named “Million Spring Contest” (the “Contest”).
ARTICLE 2 - PRINCIPLES AND METHODS OF THE CONTEST
Joining the Contest implies that the participant fully accepts the terms and conditions set forth in these regulations (the “Regulations”). Anyone breaching any articles of these Regulations will be prevented from participating in the Contest and will also become ineligible for any prize obtained, as the case may be.
The Regulations can be consulted in the website www.pacorabanne.com (the “Website”) while the Contest is in force. The Organizing Company reserves the right to modify at any time the Regulations and to adopt all decisions which may consider relevant for the application and interpretation of the Regulations.
The Organizing Company reserves the right to disqualify and prosecute any person who transmits to the Website of the Organizing Company any content whatsoever that is contrary to morality, or prejudices the rights of third parties or is promotional.
ARTICLE 3 - CONDITIONS OF PARTICIPATION
1. Conditions of participation:
Participation in the Contest is opened to any individual:
- Older than 18 years old/ of legal age (as per the corresponding territory)
- Living in Europe
- With access to Internet
- Being user of Instagram
- are intended to enable the implementation of the Contest;
- are stored by the Controller for the duration of the Contest, that will not, in any case, exceed three years as from their date of collection;
- are processed by the competent services authorized within the Controller, in particular the services in charge of commercial relationship, communication and marketing;
- may be assigned to any entity belonging to PUIG Group with the same purposes above mentioned and, therefore, participants assume that they have been duly informed regarding the first assignment of personal data;
- are likely to be disclosed to any third-party which would act, on behalf of the Controller, in the management of the Contest and/or to any administrative or judicial authority which would require the communication of such personal data;
- for any interruption of the Website (in particular as regards maintenance, security or technical constraints);
- for any occurrence of bugs;
- for any inaccuracy or omission bearing on information available on the Website;
- for any damage resulting from the fraudulent intrusion of a third-party leading to any changes in the information made available on the Website;
- and more generally, for any direct or indirect damage, whatever the causes, nature or consequences, including any costs resulting from the purchase of goods available on the Website, loss of profit, customers, data, or any other loss of intangible assets that may occur due to any person's access to the Website, or the impossibility to access it, or resulting from the credit given to any information originating directly or indirectly from it.
- Use the information contained on the Website for the purpose of developing commercial activities or professional nature (direct sales or any other commercial purpose as well as marketing in any way with this information).
- Delete, avoid or manipulate the copyright and other identifying data of PUIG’s rights, as well as any protection mechanisms.
- Disassemble, decompile or invert the databases in which Website’s information is stored.
- Modify the software or use modified software versions, and in particular – without this list being limiting – in view of obtaining unauthorized access to the service and accessing the Website through any other means than the interface made available to you by PUIG for that purpose.
- Copy, modify or create any derivative work, reverse engineer or disassemble, or otherwise attempt to locate the source code (excluding the cases provided for by law), sell, assign, sub-licence or transfer in any way whatsoever any rights pertaining to the software.
It is excluded to any employee of the Organizing Company, or of PUIG companies group, and any person who directly or indirectly has participated in the design, execution and/or management of the Contest, as well as members of their immediate family (ascendant, descendant and collateral).
Participants not providing all requested data or inaccurate, false and/or incomplete data, as well as those failing to meet the conditions stated in these Regulations, will not be admitted.
1. Operating of the Contest:
To join the Contest, participants shall tag one friend and the city where they and also follow @pacorabanneparfums on Instagram. Among all the participations during the term of the Contest, at its finalization, a jury composed by members of the Organizing Company will choose randomly the five winners of the Contest. The contest begins on [20th March] and ends on [26th March] Participations will be closed on [Date 26th March, at 00:00 am (Paris time)]. Winners will be announced 27th March. Each Participant can tag a friend just 1 time during the entire Contest.
ARTICLE 4 - PRIZES
The prize for the winner(s) will consist on:
a)A Lady Million box including the Lady Million perfume + the body lotion for the winner and his/her friend OR a 1 Million box including the 1 Million perfume + the body lotion for the winner and his/her friend
The winner(s) will be contacted by the Organizing Company by Instagram direct message. No message will be sent to the losers.
The winner(s) will have a term of ten (10) calendar days after the notification of the Organizing Company to confirm his/her acceptance to the prize by e-mail. If after the term of ten (10) calendar days the corresponding winner does not confirm his/her acceptance, the Organizing Company may leave the prize(s) void or choose another winner(s) that will have the same term to accept the prize. The prizes cannot be exchanged, modified nor exchanged for a financial compensation or equivalent. The Organizing Company reserves the right to replace the prize by another one of equal value without being subject to any claim or complaint. In any event the Organizing Company shall be held liable when the winner(s) cannot obtain the prizes for circumstances not attributable to the Organizing Company. The winner will have to evidence that is older than 18 years old (when required) or of legal age (as per the corresponding territory) by providing a copy of his/her National Identity Card or passport in force should the Organizing Company requests it. If he/she is under 18 years old, his/her participation in the Contest shall be automatically void. The Organizing Company shall not be in charge for processing the necessary documentation of the winner for the trip due to the fact that the winner will be the sole responsible to process all the necessary documentation for the trip and to have them in force.
ARTICLE 5 - RESULTS
The drawings will be made by the Organizing Company team.
By express agreement with the participants, the Organizing Company and the Operators, the computer systems and files of the Organizing Company and of the Operators are authentic until proven otherwise. The dates and times recorded are those provided by the operators' computer system. They cannot be challenged by the participants.
It is expressly agreed that the data contained in the information systems in the possession of the Organizing Company or its technical service providers have probative force as to the elements of connection and the determination of the winner(s).
For each draw, only one prize will be awarded per winner (Instagram profile name, same Instagram account and same IP address). Winners authorize the Organizing Company to carry out all checks concerning their identity and place of residence.
No participant may be selected if he or she does not comply with the terms of these rules.
ARTICLE 6 - REIMBURSEMENT OF CONNECTION FEES
Any participant may obtain, on request, the reimbursement of the costs corresponding to the time of the Contest on the basis of a fixed connection of four (4) minutes, that is to say 0,76 €. It is specified that certain Internet service providers or telephony operators offering a free or fixed connection to Internet users, their access to the application and the Contest being made on a free or lump sum basis shall not give rise to any refund, insofar as subscribing to the services of the access provider or of the telephony operator is in this case contracted by the Internet user for his use of the Internet in general and that the fact for the participant to connect to the Website and participate in the Contest does not incur any additional fees or disbursements.
In this case, the refund requested must be sent by post to the Organizing Company accompanied by a RIB, a proof of Internet subscription and a letter indicating the date and time of the connection, at the latest 15 days after the closing date of the Contest, as evidenced by the postmark. The costs incurred by the participant for the stamp required for this application will be reimbursed on simple written request on the basis of the slow "letter" rate in force. One refund request per participant entered in the Contest and per envelope (same name, same mailing address). Incomplete applications will not be considered.
ARTICLE 7 - LIABILITYJoining the Contest implies awareness and acceptance of the characteristics, limits and risks of Internet. The Organizing Company shall not be held liable for malfunctions that may affect Internet, configuration problems or tied to a particular browser or to the Website.
The Organizing Company cannot be held liable for any damage caused to the participants, their computer equipment and/or the data stored therein.
The Organizing Company forbids participants to modify the format of the Contest by any means. In this regard, the Organizing Company reserves the right to enforce equal opportunities for participants, particularly by the courts or by any other means at your convenience.
Furthermore, any attempt to use the Contest outside the non-modified interface operating on the Website will be considered as an attempted fraud. Disintegration of the Contest, using of personal script or any other method meant to bypass the Contest as foreseen in these Regulations will also be considered as attempted fraud and will lead to the immediately elimination of the participant.
The Organizing Company reserves the right to cancel, delay, interrupt and/or postpone the Contest or to modify all or part of the modalities of the Regulations without incurring in any liability.
Access and, as the case may be, register of each participant to Instagram is governed by the terms and conditions foreseen by each social network and, therefore, the Organizing Company shall not be held liable of any infringement to such terms and conditions caused by any participant.
It is expressly stated that Facebook and Instagram do not promote, endorse or manage in any way the Contest and are not associated with it. Facebook and Instagram are exonerated of all responsibility in relation to the Contest.
ARTICLE 8 – PERSONAL DATA AND COOKIES
It is important to highlight that to participate in the Contest, the participants must necessarily provide certain personal information concerning them (name, address, e-mail address, telephone number ...). The participants acknowledge that they have received all the information required by General Data Protection Regulation 2016/679 of 17 April 2016 (the “GDPR”) and by the French law n°78-17 of 6 January 1978, as amended (the “French Informatique et libertés law”), especially that they have been informed of their rights within the registration form.
This information is necessary to take into account their participation and the determination of the winners. The personal data provided by the participants within the Contest shall be included into a file owned by PUIG FRANCE, S.A.S (the “Controller”) for the purpose of managing the Contest, as well as to send them commercial information.
The participants acknowledge that the personal data collected:
In case of transfer of personal data outside the European Union, Puig guarantees that this transfer is framed by one of the safeguards offered by the European Commission.
Pursuant to the GDPR and the French Informatique et libertés law participants have the right to access, rectify and delete data concerning them, the right to withdraw their consent at any time, as well as the right to object, for legitimate grounds, to the processing or their data. To exercise these rights, participants 0should send a letter to the following address: PUIG FRANCE, S.A.S., Avenue des Champs Elysées, 75008 Paris, France (ref. Contest “Million Spring Contest”) or to the following e-mail address [email@example.com].
Participants may also exercise the right to lodge a complaint with a competent supervisory authority, in particular in the Member State of his or her habitual residence, place of work or place of the alleged infringement in accordance with Article 77 of the General Data Protection Regulation n° 2016/679 of April 27, 2016, if the data subject considers that the processing of personal data relating to him or her infringes said regulation. The user may contact PUIG at any time at the following address: [firstname.lastname@example.org] for any concern or question, regarding the privacy of personal data provided to PUIG.
The participants authorize the Organizing Company to carry out any useful verification concerning their identity and address. Any false indication will result in the elimination of the participant, as well as multiple and proven entries. The participants authorize the Organizing Company to use their name, city and place of residence on the Website, without any restriction or reservation, and without this use being able to open right and remuneration.
Each Participant authorizes the Organizing Company to publish, reproduce and represent its elements on the Website. In view of the nature of the Internet, the Participant knows and accepts that the elements may be associated with different contexts, other elements, used as hypertext links or exploited in part.
ARTICLE 9 – SUBMISSION OF THE RULES
The present rules are being submitted to the headquarters of the Organizing Company located at 65-67, Avenue des Champs Elysées, 75008 Paris (France). A copy of these rules are available free of charge to anyone requesting them by e-mail [email@example.com] or post from the Organizing Company.
The stamp for requesting these rules can be refunded at the current economy mail rate upon written request, to be accompanied with bank details attached. Only one request for a copy of the rules and reimbursement of postal fees will be accepted per participant (same name, same address).
These rules can be viewed on the Website throughout the duration of the Contest. In any discrepancy between the version of the rules submitted to the Organizing Company and the version of the rules accessible online, the version submitted to the Organizing Company will prevail. The submitted version will thus prevail over the information issued through the abovementioned Website should that information contradict the present rules.
Any modifications of these rules will be notified on the abovementioned Website and submitted to the Organizing Company. These modifications will be sent together with the rules to anyone requesting said rules.
If the present rules are written is different language, all versions being valid. In case of discrepancies or dispute, the English version prevails.
ARTICLE 10 – DECISIONS OF THE ORGANIZERS
The Organizing Company also reserves the right to modify, extend, cut, suspend or cancel the Contest without prior notice due to any event beyond its control and, in particular, in the event of an extraordinary situation or in a case of force majeure or due to a fortuitous event. The Organizing Company reserves in particular the right to invalidate and / or cancel all or part of the Contest if it appears that fraud or dysfunction has taken place in any form whatsoever and in particular It reserves the right not to award the prize (s) to fraudsters and / or to sue before the competent courts the authors, co-authors and accomplices of these frauds. Fraud involves the immediate disqualification of the fraudulent Participant.
The liability of the Organizing Company cannot be incurred in the light of the above and the participants cannot claim any compensation or compensation of any kind whatsoever.
ARTICLE 11 – CLAIMS AND APPLICABLE LAW
To attend any potential claim regarding the Contest they must be submitted in writing to PUIG FRANCE, S.A.S., Avenue des Champs Elysées, 75008 Paris (France) or by e-mail to [firstname.lastname@example.org] (ref. Claim – Contest “Million Spring Contest”), no later than one month after the deadline for joining the Contest.
In the case of dispute on the application or interpretation of these rules and in absence of an amicable agreement, all litigation will be subject to the Courts of Law of the City of Paris.
1. Company information
Welcome to our website www.pacorabanne.com (the "Website").
This Website is published by PUIG FRANCE (“PUIG” or the “Company”), a simplified joint-stock company (SAS) with registered office at 65/67 Avenue des Champs Elysées, 75008 Paris (France), holder of Tax Identification Number (SIRET) nº 682 030 507 00219 and corded with the Commercial Registry of Paris R.C.S. nº 682 030 507, with a registered capital of 10.000.000 euros.
Contact email address: email@example.com.
Telephone number: +331 55 90 53 55
The Website’s publication director is Mr. François-Xavier Billaud.
The Website is hosted by Reseller Group Networks SL, a company registered in Spain under trading ID ESB43956630, whose head office is located at Passeig Nicolau, 19, 43340 Montbrió del Camp (Spain).
Website: https://www.rgnet.es Telephone number: +34902888354
3. Access to the Website
These terms and conditions of use (the “Terms and Conditions of Use”) govern the access and use of the Website. Accessing and using the Website, as well as purchasing any products available on www.pacorabanne.com, imply the consumer read these Terms and Conditions of Use and accepts these without any reservations.
We would request that the users read these Terms and Conditions of Use prior to any use of the Website, since they may be adapted and/or amended by Company at any time. If the user does not accept them, we would request that the user refrains from using the Website and its content.
If you need any help or any additional information, you can contact our customer service writing to firstname.lastname@example.org.
4. Use of the Website
The use of all or any part of the Website, including the display of the web pages, any communication with the Company, the possibility to download product information and the purchase of said products through the Website, must be carried out as part of a personal use only. Any use, copy, transfer or representation of the Website for any other purposes than a personal use is prohibited.
At any time, the Company may modify or simply update all or any part of these Terms and Conditions of Use. Any modification or update of these Terms and Conditions of Use shall be notified on the homepage of the Website upon their adoption and shall apply as soon as they are made available in this section of the Website. The Company shall implement every effort to ensure all information provided on the Website is accurate and up to date. However, the Company cannot guarantee the absence of errors in its contents nor that the latter are systematically updated;
Furthermore, the Company may not be held liable:
Moreover, we remind you that you shall be solely liable for using the Website and its content.
Users shall be held liable for all and any damage or harm that Company may suffer due to their failure to fulfill any obligations to which they are bound under these Terms and Conditions of Use and/or the legislation applicable to the use of the Website.
6. Intellectual Property Rights
All intellectual property rights over designs, databases, subjacent computer programs (including source code), and the various elements that comprise the Website (including but not limited to text, graphics, photographs, videos, sound recordings and/or color combinations) (“Content”), as well as their structure, selection and order, belong to PUIG / Paco Rabanne and/or, where applicable, its licensors. As regards the distinctive symbols included on the Website (trademarks and trade names), the same also belong to PUIG / Paco Rabanne and/or its licensors.
The use of the Website by the user shall not imply the transfer of any intellectual property rights over the Website and/or the Content.
The user is only authorized to view and obtain a temporary private copy of the Content for personal and private use in their computer systems (software and hardware) and not assigned to third parties. With the above exception, pursuant to these Terms and Conditions, it is expressly forbidden to the user the reproduction, transformation, distribution, public communication, public disposal, extraction, reuse, forwarding and/or use of any nature by any means or procedure, of any Content and/or trademarks of PUIG and/or Paco Rabanne, except where it is legally permitted or authorized expressly and in writing by PUIG and/or its licensors.
By way of example but not limited to it, the user is not authorized to:
Unauthorized use of the content of this Website and any damage caused to PUIG’s and/or Paco Rabanne intellectual property rights may result in PUIG and/or Paco Rabanne taking whatever action to which they may be entitled by law, and in any liabilities that may arise thereof.
7. Assignment of Image Rights
In case the user participates in any online contests organized by PUIG on the Internet (Website, micro-site, Facebook, Instagram, etc.), in which the user (as participant) is required to upload Images (photos, videos, drawings, etc.), the following shall apply to the use. By participating to the online contests and uploading Images, the user represent that he is aware and agree with the following.
The user undertakes not to upload Images that are not original and/or are not recorded by them or that infringe law or rights of third parties (specially, copyrights, trademarks, and/or privacy, honor and image rights). For these purposes, each participant/user declares that he/she owns all the rights regarding the Images and, as the case may be, has obtained the relevant express consent of the people appearing in the Image for its free of charge spreading in any media and/or territory and for indefinite term.
PUIG shall not be held liable, in any event, of the infringement of the above-referred obligations nor any damages and/or prejudices arisen from said infringement. Each participant/user recognizes that PUIG has fully rights to assign the use of the Images in any form that PUIG may consider, as well as for any commercial purpose related (including but not limited to, advertising, marketing, promotions, merchandising and/or exploitation of the relevant contest, wholly or in part).
Participants/users expressly authorize PUIG and its licensors to reproduce, communicate or distribute, adapt and transform the Images, for free, on PUIG websites and official social networks including without limitation Paco Rabanne’s official Instagram and Facebook and any other social networks accounts of PUIG affiliates and/or subsidiaries; websites of authorized retailers and/or any social networks of any influencer authorized by PUIG, in any media an territory, all over the world, for the maximum period of time permitted by law.
The user/participant is aware that the putting the Images on the social networks implies the application of the general usage conditions of said social networks, in particular, the right of sub-licensees attributed to the social networks and to the users of the social networks; PUIG will in no event be liable for the reproduction, processing, exploitation and conservation of the Images or of a part of the Images by social networks or by social networks’ users according to the general usage conditions of the social networks. PUIG cannot be held responsible for the reproduction, processing, exploitation and conservation by social networks’ users in the general usage conditions of the social networks of the images throughout the corresponding contest term and after its expiry. For the sake of clarity, the participants/user hereto acknowledge and agree that PUIG shall not in any event be responsible for deleting/removing the Images uploaded during the term of the corresponding contest on the social networks.
Likewise, without prejudice to the terms and conditions of the corresponding social network (e.g. Instagram, Facebook, etc.), each user/participant authorizes the other participants and/or any third party related to the corresponding contest to access and view for free the Images.
In any event, the Company is entitled to remove any image, without obligation to give prior notice to the participant/user, when it considers that the image infringes any law, rights of third parties and/or it is not adapted to the contest’s nature and/or the image and reputation of PUIG, its licensors and/or its products. The Company shall be entitled to deny and refuse any image unilaterally considered that is racist, sexist, violent or inappropriate in general.
PUIG and its licensors shall not be held liable for the improper and/or fraudulent use of the Image or modifications and/or alterations of the Image made by any third parties.
a) Links to the Website
Third parties who intend to include on a Website (“Linking Site”) a link that redirects to the Website must obtain the prior written consent of PUIG.
Under no circumstances may the authorization granted by PUIG be construed as any endorsement, promotion, guarantee, supervision and/or recommendation of the content and/or services of the Linking Site or as responsibility for its content.
The Linking Site must comply with the legislation in force and shall not, under any circumstances, host any content, of its own or belonging to third parties, that: (i) is illicit, harmful or contrary to morals and good manners (including but not limited to pornographic, violent, racist and/or slanderous); and/or (ii) is inappropriate or irrelevant in relation to the PUIG and/or Paco Rabanne brands.
In the event of breach of any of the aforementioned terms, PUIG shall, with immediate effect, revoke the authorization granted to the Linking Site, which must remove the link without delay.
b) Links to other Websites
The Website may contain hypertext links ("Linked Sites") towards other websites which are not related to the Website in any way whatsoever. The Company has no control over these types of websites and their content, nor does it implement any "monitoring" activities as regards them. The Company cannot be held liable for the content of these websites, nor for the rules adopted by the latter as regards your privacy and the management of your personal data while you navigate.
We therefore advise you to be extremely cautious whenever you connect to these websites through the links contained on www.pacorabanne.com and carefully read their conditions of use and privacy rules.
The Website may sometimes provide links towards other websites only in order to help its own users/visitors in their search and navigation, as well as facilitate internet hypertext connexions towards other websites. The activation of the links does not imply any access and navigation recommendations or advice from the Company as regards these websites, nor any guarantee as regards the content, services or goods provided by them and sold to internet users.
9. Disclaimer as Regards the Content
PUIG has implemented every precaution in order to avoid the publication on the Website of any content describing or representing scenes or situations of physical or psychological violence, or likely to be considered as prejudicing personal beliefs, human rights and dignity, in whatever form or mode of expression, according to the sensitivity of users of www.pacorabanne.com.
In any case, PUIG does not guarantee the content of its Website is appropriate or licit in any other country than France.
Therefore, should such content be considered as illicit or illegal in certain countries, we urge you to refrain from accessing our Website, and should you choose to access it anyway, we inform you that the use you decide to make of the services offered by the Website shall then be under your sole and personal responsibility.
PUIG cannot guarantee its users that the Website shall operate continuously, without interruption, errors or dysfunctions due to the Internet connexion.
The content of this Website may include inaccuracies or typographic errors. The Company may not be held liable for any inaccuracy or error. Although the Company implements every effort to display the correct texts, images and prices in its e-shop, mistakes may occur. The Company cannot be held liable for any damage caused by the use of the Website. The Website and the information and articles included therein may be modified at any time, without any further notice or prior warning being necessary.
The Paco Rabanne products presented on the Website are representative of the Paco Rabanne collection. However, not all Paco Rabanne products are included on the Website. Not all the products included on the Website are available in Paco Rabanne shops. The style, design, models and colours of the Paco Rabanne products presented on the Website may be modified without any prior notice.
11. Governing Law – Jurisdiction
These Terms and Conditions of Use are submitted to French law. French courts shall be competent as regards any claim arising from a visit to the Website or linked to it, without prejudice however to any rights you may have, as a consumer buying products on our Website, under applicable law and in particular Regulation (EU) No 1215/2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters, of 12 December 2012.
This Legal Notice has been updated in May 2018.
© PUIG FRANCE, SAS, 2018. All rights reserved.