Legal terms

WWW.SAUTHERMES.COM GENERAL TERMS AND CONDITIONS OF USE (FRANCE – FEBRUARY 2015)

HERMÈS INTERNATIONAL, the parent company of the HERMÈS Group, operates the sauthermes.com website.

HERMÈS SELLIER is the French sales subsidiary of Hermès Products and has its registered office at 24 rue du Faubourg Saint-Honoré 75008 Paris.

The use of the sauthermes.com website is subject to the present terms and conditions (“Terms and Conditions of Use”). The use of the sauthermes.com website constitutes your agreement to comply with, and be bound by, these Terms and Conditions of Use and your consent to the Privacy Policy for the sauthermes.com website (“Privacy Policy”); see “Security and Personal Data.”

HERMÈS INTERNATIONAL may update these Terms and Conditions of Use and the Privacy Policy at any time. By continuing to use the sauthermes.com website following any such change, you agree to comply with and be bound by the Terms and Conditions of Use and consent to the Privacy Policy, duly modified. You can view the most current version of the Terms and Conditions of Use or of the Privacy Policy at any time by clicking on the hyperlink labelled “Customer Service”.

1. Intellectual Property
1.1 Site engine and layout

The template or layout used on the site sauthermes.com is subject to the laws in force and protected by copyright, and remain the exclusive property of HERMES INTERNATIONAL.

1.2 Contents

All of the materials edited or contents posted on the site sauthermes.com include in particular the texts, photographs, info graphs, icons, images of persons, drawings, models, illustrations, soundtracks, logos, trademarks etc. constitute works (“œuvres”) within the meaning of the provisions of article L 112-1 of the French Code of Intellectual Property and are the exclusive property of HERMES INTERNATIONAL, unless otherwise indicated in the margin of these elements.

The domain name “sauthermes.com” is and shall remain the exclusive property of HERMES INTERNATIONAL.

The partial or full reproduction, use, distribution, publication, transmission, amendment or sale of all or part of these elements by any means and for any reason whatsoever is forbidden, whatever the media and/or destination of the site sauthermes.com, unless expressly authorised beforehand by HERMES INTERNATIONAL.

You may apply for this authorisation by writing to the following address: service.fr@hermes.com and by providing details of the contents you wish to reproduce and of the reproduction media contemplated.

You are forbidden to delete any notice of copyright, trademark or other exclusive right on the site sauthermes.com or of any the contents posted on it.

It is specified that this site respects copyright. All copyright relating to protected works reproduced or communicated on this site, is reserved. Unless authorised, any use of the works other than the individual reproduction and consultation, is forbidden.

2. Hyperlinks
2.1 Creation of hyperlinks to site pages

All links to the home page or to one of the internet pages of the sauthermes.com website may be freely created provided that they are not used for marketing or advertising purposes, subject to the mention « HERMES » or any other equivalent or more precise mention being clearly indicated on the link or close to it and to the authors of the link having informed HERMES INTERNATIONAL beforehand.

This authorisation does not apply to internet sites disclosing information of an illicit, violent, polemic, pornographic, xenophobic nature or likely to affect the sensitivity of the general public.

2.2 Creation of links to documents published on the site

All direct or in depth links to documents other than an internet page, regardless of their form or content, are forbidden unless expressly authorised by the site editor.

This includes, but is not limited to, all documents of a graphic type (such as .jpeg, .gif, .png), all multimedia or animated documents (such as .avi, .mov, .wmv,.flv, .swf, .ppt, .pps), all text or editorial documents (such as .txt, .doc, .docx, .rtf, .xls, .pdf), as well as all documents not directly machine readable through a standard internet browser.

We therefore request that you not to point any links directly to documents which are downloadable on the site, but to the internet pages which send back to such documents.

2.3 Inclusions and use of frames

Any use or reproduction, even partial, of one of the elements of the site in a third party site by means of processes known as inclusion, frames, in lining or any other process of a similar nature are strictly forbidden.

2.4 Authorisation applications

Authorisation applications for the creation of the links referred to in this article must be sent to the following address: service.fr@hermes.com. It is mandatory that the application mention the address of the (URL) page on which the link on the third party site will be posted

Reproductions for marketing or advertising purposes will not be authorised.

3. Illicit data

In accordance with the Franch law on the Confidence in the Digital Economy of 21 June 2004, the sauthermes.com website allows any individual or visitor to report any contents likely to constitute one of the infringements referred to in the fifth and eighth paragraphs of article 24 of the law of 29 July 1881 on the freedom of the press and articles 227-23 and 227-24 of the French Criminal Code.

To report any such contents to us, we invite you to contact us at the following address:
service.fr@hermes.com, specifying the link towards the contents which you consider to be illicit.

4. Liability

HERMES INTERNATIONAL shall not be liable for errors or omissions in the information disclosed or for technical problems encountered on the sauthermes.com site and on other sites to which links are created and/or any interpretation of information published on these sites, nor for any consequences of their use.

Since HERMÈS INTERNATIONAL has no control over the personal data management policies or practises of third parties, the prsent legal mentions do not include use or disclosure of such information by such third parties.

In any event, HERMÈS INTERNATIONAL may not be held liable for any indirect prejudice, special or incidental, which includes, without being limited to, any loss of profit or other indirect loss resulting form the use of the site sauthermes.com or the impossibility to use it, even if HERMÈS INTERNATIONAL was informed of the possibility of such prejudice.

5. No warranty

HERMÈS INTERNATIONAL cannot warrant and represent that the site sauthermes.com is exempt of any virus, data crushing programs, Trojans or other destruction materials. The site sauthermes.com may contain technical imprecision or other defects: HERMÈS INTERNATIONAL does not warrant the correction of these defects. The site sauthermes.com and the contents of such site are presented in their “state and condition” and “on an availability basis”. HERMÈS INTERNATIONAL expressly excludes any warranty of any nature, whether express or implicit, and in particular, without this list being limitative, any implicit warranty of conformity, in terms of contents, quality, usual or specific use.

6. Governing law -Disputes

The present General Terms and Conditions of Use shall be governed and construed in accordance with French law. However, by application of the European Regulation CE 593/2008 of June 17 2008, these General Terms and Conditions of Use shall not impede the application of a legal disposition which is more favourable to you and which, by virtue of a law applicable in your country of habitual residence, cannot be excluded by mutual agreement.

In case of conflict regarding the use of the site sauthermes.com, you may engage a mediation procedure or any other kind of alternative dispute resolution.

These General Terms and Conditions of Use are written in English. Regardless of the dispositions of the previous paragraph, and by application of the European Regulation °44/2001 of December 222000, in case of dispute:
– you may bring a case either before the jurisdiction where you have your habitual
– HERMÈS INTERNATIONAL may bring a case before the jurisdictions where you have residence, or before the French jurisdictions, your habitual residence.