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1. Fragonard site terms, conditions and disclaimer

GENERAL INFORMATION

You are currently connected to the website of Parfums Fragonard Inc. (hereafter referred to as "Fragonard").

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY. ACCESS TO THIS WEBSITE IS CONDITIONAL UPON THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, PLEASE DO NOT USE THE SITE. By using this site, you agree to comply with and to be bound by these terms and conditions, including the privacy policy and, when you make an online purchase, the purchase information. Fragonard reserves the right to, from time to time, change these terms and conditions at its sole discretion. By using this website after any such change, you agree to comply with, and be bound by, the terms and conditions as changed.

TERMS OF USE

Disclaimer of accuracy: While Fragonard takes all reasonable steps to ensure that the information contained within the pages of this site is accurate and current, no warranty is given and no representation is made regarding the accuracy or completeness of the content of this site. Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only. The Fragonard products depicted on this website are representative of the Fragonard collection. Not all Fragonard products are shown in this website. Not all products shown on this website are available at all Fragonard boutiques. Fragonard is not liable or responsible for any inaccuracies or errors, for any loss or damage caused by or arising from any user’s reliance on information obtained from or through this website. It is your responsibility to evaluate the information and other content available through this website. Fragonard reserves the right in its absolute discretion at any time and without notice to remove, amend or vary any of the content that appears on any page of this site. Should you note any inaccuracy, please report it to the following address: fragonard@fragonard.com . Any use of this site contrary to its original purpose or any infringement of these terms of use exposes you to criminal and civil action.

SITE ACCESS

Fragonard does not represent or warrant that access to this web site will be uninterrupted or error free. In no event shall Fragonard be liable for any cost or direct, indirect, special, incidental or consequential damages arising out of or in connection with the use of, or the inability to use this website.

HYPERLINKS

This site may contain links to other websites or Internet sources. The sites pointed at by hyperlinks are developed and possibly maintained by persons over whom Fragonard has no control. We cannot and do not monitor the sites linked to our pages on the Internet. Accordingly, Fragonard assumes no responsibility for the content, advertising, products, services or other material available on any sites referenced to by any hyperlink, and Fragonard does not, by linking to another site, or by making reference to any third-party information, products or services, endorse those sites or materials. Nor may Fragonard be deemed liable for any proven or alleged damage or loss consecutive or relating to use of or trust placed in goods or services available on external sites. Your access to these sites involves your sole risk and liability. Any questions or comments relating to any other site should be addressed to the operator of those sites.

ORDERS

By placing an order, you represent that the products ordered will be used only in a lawful manner, for individual, personal use and not for commercial resale or diversion. While it is our practice to confirm orders by email, the receipt of an email order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product or service. We reserve the right, without prior notice, to limit the order quantity on any product or service and/or to refuse delivery or service to any customer. We also may require verification of information prior to the acceptance and/or shipment of any order. Fragonard reserves the right to reject any Order. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the purchases, possession, use and sale of any item purchased from the website.

INTELLECTUAL PROPERTY

Copyright and Trademark Information

© LES PARFUMERIES FRAGONARD 2008

The Fragonard website as a whole, and all material on the website, is protected by copyright and other intellectual property rights. All rights reserved worldwide. These materials are owned by Fragonard or its subsidiaries or affiliates, or used with permission of their owners. Such materials include, but are not limited to, the photographs, images, illustrations, text, video clips, audio clips, designs, logos, trademarks, trade dress and other materials contained in this website, as well as the software used in the design and development of this website.

Fragonard®, Soleil Fragonard®, Maman Cherie®, Zizanie®, Belle de Nuit®, and all other Fragonard-related trademarks depicted in this website, whether registered or unregistered, are trademarks or service marks owned by Fragonard.

Please note that references to the products, services and trademarks that are our property in no way affect our rights. Access to this site confers no rights other than that of visiting the site. The presence of this site on the Internet does not constitute permission and should not be construed as constituting permission, by implication, estoppel, or otherwise, to use any trademarks, trade names, trade dress, service marks or logos of Fragonard, and any such use is subject to prior express written permission from Fragonard.

Permission is granted to download or copy materials in this website and to display and use this material with a computer solely for personal, non-commercial use. You do not obtain any right, title or interest in any material or software as a result of any such downloading or copying. You may not reproduce (except for your personal non-commercial use), publish, transmit, distribute, display, remove, delete, add to, otherwise modify, create derivative works from, sell or participate in any sale of, this website, any of the materials in this website, or any related software. Any other use of materials on this website, including reproduction for purposes other than your personal non-commercial use, modification, distribution or republication, without the prior express written permission of Fragonard, is strictly prohibited. Linking to any page on this site other than the home page requires prior express written permission from Fragonard.

Forgery

Any reproduction, display or distribution of this website content or linking to this website, in whole or in part, by whatever process without prior express written permission from Fragonard is prohibited and actionable. It will be deemed to be an infringement of copyright and forgery and the infringer/forger will be liable to civil and criminal action.

Submissions

Do not submit or disclose any suggestions, designs, concepts, photographs, testimonials, and other items or materials (except for your personal information) to Fragonard through this website or by other means ("Submissions"). All Submissions are neither confidential nor proprietary to you. All Submissions become Fragonard's property upon submission to Fragonard and will not be acknowledged or returned. By making a Submission to Fragonard, you assign to Fragonard all rights, title and interests, including copyrights, in the Submission. Fragonard has no obligation to keep any Submission confidential, or to pay you or anyone any compensation for any Submission or for using a Submission. You represent and warrant that no Submission you make will violate any right of any third party, including, but not limited to, copyright, trademark, patent, trade secret, privacy or other personal or proprietary right. By making a Submission, you agree that Fragonard has the right (but not the obligation) to copy, publish, distribute or use such Submission for any purpose, including, but not limited to, advertising, promotional, product development or other commercial purposes, without compensation to you or to any other person. You are and shall remain solely responsible for the content of any Submission you make.

PRIVACY POLICY

Fragonard is committed to respecting the privacy of your personal and financial information. By accessing and using the Fragonard website, you consent to our collection, use and disclosure of your information as described in this online privacy policy (“Privacy Policy”). This Privacy Policy applies to all users of this website. Fragonard reserves the right to make changes to its privacy policy. You should therefore review this page from time to time to get updated information including in particular, each time you use the online shop. We will notify you of any changes in our privacy policy by posting the modifications on our website. Effective Date: This privacy policy was last updated on January 10, 2005.

What Information Fragonard Collects

Fragonard collects personal data from visitors to the website who register their information when logging in, answering a poll, applying for a job, competing for a prize, executing a contract, or using the online store. We also use cookies (see more below) and track IP addresses so we can improve our services and enhance your Fragonard experience. Fragonard does not collect personally identifiable information from anyone under the age of thirteen and does not sell products for purchase by anyone under the age of eighteen. Please do not submit any personal details if you are under thirteen. If you are under eighteen, please ask your parents to register and/or use the online store.

Use of your personal information

If you give us your personal information, we will use this information to register you with our website, to administer our website services, and/or to process any orders you may place online. We will send you announcements or communications by email only if you give us your permission by submitting your personal details. Otherwise, we use your information only to review our performance and to improve our services to you, or to communicate with you about your order if you have placed an online order.

Your personal information is intended for Fragonard and may be transmitted to other companies within the Fragonard Group. If you wish to prevent this, please inform us in writing: stop@fragonard.com . Unless you specifically object, we may transfer this information to our partners. [Fragonard does not sell, rent or disclose our client’s names, addresses, email addresses or other personal information to any non-Fragonard entity. Fragonard contracts with selected third parties in order to maintain our website and provide our client communications. As necessary, your personal information may be processed by these third parties, solely for the purpose of assisting Fragonard in these endeavors and subject to strict contractual confidentiality obligations.]

Any collection or transmission of personal data to governmental bodies or other third parties occurs solely when the company is obliged by law or legal process to do so; or such release is necessary to protect the rights, property or safety of Fragonard, our respective affiliates, service providers, licensees, franchisees, business partners, customers or others. If Fragonard is acquired by another entity, information about Fragonard clients may be made available to the new entity.

Opt out

We intend to use your details to keep you informed about our products and services and solicit your opinion. We will send you, by email or post, approximately 6 information and/or publicity messages per year. If you do not wish this to happen, please inform us in writing, so that we can stop your details being used in this way: stop@fragonard.com

Security

Fragonard takes all reasonable measures, considering current technology, to protect the data we manage against intended or unintended tampering, loss, destruction or access by unauthorized persons. However, you accept that no Internet data transmission can be guaranteed to be secure from access by unintended recipients and will not hold us responsible for any breach of security unless this is due to our negligence.

Cookies

At times, the Fragonard website uses a feature of your browser to send your computer a cookie. A cookie is a small data file that certain sites write to your hard drive when you visit them for record-keeping purposes. A cookie file can contain information such as user ID that the site uses to track the pages you have visited. The only personal information a cookie can contain is information you supply yourself. We use cookies in order to determine the usefulness of our information to our users, to see how effective our navigational structure is in helping users reach that information, and to focus our efforts on information you need. When you visit our website, our servers memorize the name of your access provider, the web page from which you accessed our site, the pages you visit on our site and the date and duration of your visit. Most web browsers automatically accept cookies, but you do not have to accept them. To disable cookies, you should access the “help” tab on your browser or read the information that came with your browser software.

If you have any questions regarding this Privacy Policy, you should contact our Customer Service Department by email at fragonard.usa@fragonard.com.

USER CONDUCT

When making use of this website, you may not (i) send "spam", "junk mail", "chain letters", or any unsolicited or unauthorized message whether commercial or otherwise; (ii) compile or harvest in any way the names, addresses or any other material or information concerning any person without their consent; (iii) create or provide a false identity; (iv) falsify an e-mail address or letter heading, or attempt to deceive a person in any way as to the identity of the sender or the origin of a message; (v) send any inappropriate material, including without limitation, material that is unlawful, threatening, defamatory, libelous, obscene, pornographic or profane; (vi) use or communicate with or over the website to criticize or defame Fragonard; (vii) send any material containing a virus, worm, time bomb, trojan horse, automated device, spider, crawler, bot, or software harmful to the website or other persons, or that contravenes the law; (viii) attempt to gain unauthorized access to services, other accounts, computer systems or networks connected to the website by using passwords or in any other way; or (ix) interfere with any other person's use of the service or similar services via some other entity.

In addition to any remedies that Fragonard or its affiliates may have at law or in equity, if Fragonard or its affiliates reasonably determine that you have violated or are likely to violate the foregoing prohibitions, Fragonard may take any action it reasonably deems necessary to cure or prevent the violation, including without limitation, the immediate removal from the website of such materials. Fragonard, its affiliates or its service providers will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing Fragonard, its affiliates or its service providers to disclose the identity of anyone posting such materials.

SITE DISCLAIMER AND USER LIABILITY

The website is provided “AS IS” without any representations or warranties of any kind, express or implied, including, but not limited to, warranties of title or freedom from malicious programs (such as viruses, worms or trojan horses) or implied warranties of merchantability or fitness for a particular purpose, with respect to this site or its contents and expressly disclaims any representations and warranties. Fragonard does not represent or warrant that the information contained in this site is accurate, complete or up-to-date, that this site is free of defects or that any defects will be remedied. You agree, by using this site, that your use of this site is at your sole risk, that you assume full responsibility for all loss of use, loss of data and costs associated with all necessary servicing or repairs of any equipment and/or software that you use in connection with this site, and that Fragonard shall not be responsible or liable for any damages of any kind whatsoever arising out of, caused by or related to your use of this site or loss of access because of your inappropriate use of this site. In no event shall Fragonard be liable for any cost or actual, direct, indirect, punitive, incidental, exemplary or consequential damages, or any other damages whatsoever, arising out of or in connection with: (i) inadequate performance of the site or of any software used or downloaded from it; (ii) any loss of data or services due to untimeliness, alteration, or interruption of the site services; (iii) the accuracy, quality or nature of any information obtained; (iv) any direct or indirect consequences of a virus transmitted by the site servers; (v) any interruption of service caused by maintenance or the behavior of other users; (vi) loss of access to the site; (vii) contamination of users' computer systems due to the transmission of a virus or other harmful element; (viii) material not created by Fragonard; (ix) the use, inability to use, or performance of the information, products and materials on this site; or (x) any delay or failure to deliver products or otherwise perform any obligation as specified in these legal conditions if the same is wholly or partly caused by circumstances beyond our reasonable control.

You may also correspond with or take part in promotions run by advertisers on this site. We in no way vouch for these third parties and any transactions, operations, correspondence or participation in these promotions, specifically the delivery and payment of goods and services, and any terms and conditions, guarantees or liabilities relating to these transactions concern solely you the user and the advertiser. We disclaim any liability whatever for any transaction, operation, correspondence or participation of this sort.

Should you infringe any part of these Terms and Conditions, you hereby undertake to compensate Fragonard and guarantee the company against any claim for liability, loss, costs, loss of financial advantages or of data or damages whether direct or indirect caused by your infringement. You agree to defend, indemnify and hold harmless Fragonard, its affiliates and their officers, directors, employees and shareholders from and against any and all claims, damages, losses, costs and expenses, including, but not limited to, reasonable attorneys' fees and court costs, arising from or related to your use of this website. In the event of any problem with the website or any content, you agree that your sole remedy is to cease using the website.

You are solely responsible for your choice and use of Fragonard products. Fragrances, by their nature, may cause allergic reactions to people with allergies to fragrance ingredients. If you experience any such reactions to any Fragonard products, call a medical doctor.

Where applicable law does not allow the exclusion of implied warranties, or limitation of liability for consequential or incidental damages, some or all of the foregoing disclaimers of warranty and limitations may not apply to you.

GOVERNING LAW

These Terms and Conditions, your use of this website and any contract between us shall be governed by the laws of the State of New York, without giving effect to any principles of conflict of laws. Any dispute between us arising out of or relating to the website shall be resolved exclusively in a court located in New York, New York. A printed version of these Terms and Conditions shall be admissible in judicial and administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

To the extent that any part of these Terms and Conditions may be found to be invalid, unlawful or unenforceable, such part shall be construed to reflect the best intentions of the parties, and severed from the remaining terms all of which shall remain in full force and effect as permitted by law.

Should Fragonard fail to apply, or not be required to apply, any part of these Terms and Conditions or any other right, this shall in no case be construed as an abandonment by Fragonard of such part or right.

If you have any questions regarding the foregoing Terms and Conditions or if you have any questions or comments, please contact our Customer Service Department by email at fragonard.usa@fragonard.com

2. General terms of use

Any reproduction or display in whole or in part by whatever process without prior express written permission from Les Parfumeries Fragonard is prohibited and actionable. It will be deemed to be forgery and the forger will be liable to civil and criminal action. This website is for personal use only.

Fragonard reserve the right in its absolute discretion at any time and without notice to remove, amend or vary the content that appears on any page of this site.

Fragonard reserves the right not to fulfil any order placed in a country where the company has specific distribution contracts or where there are specific local regulations.

3. More information

Fragonard products online by Parfums Fragonard, Inc. for Les Parfumeries Fragonard.

Contact us by e-mail :
fragonard.usa@fragonard.com

or by mail :
Parfums Fragonard, inc.
P.O. Box 517
Edison, NJ 08817 – 0517
USA
or call : 888-583-4747 Mon. Fri. 9:00AM - 1:00PM (EAST)
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