FAQ - TERMS OF USE

TERMS OF USE

LAST UPDATE: MARCH 26TH 2024

THESE TERMS OF USE (THE “TERMS OF USE”) CONTAIN THE BASIC RULES FOR THE USE OF THE GERMAN PART OF THE WEBSITE ACCESSIBLE AT WWW.CELINE.COM OPERATED BY CELINE SOCIÉTÉ ANONYME; A PUBLIC LIMITED COMPANY WITH CAPITAL OF €2,802,576.00, WITH REGISTERED OFFICE LOCATED AT 16 RUE VIVIENNE, 75002 PARIS (FRANCE), (THE “WEBSITE”) BY THE USER (“YOU” OR “THE USER”).

NB: QUESTIONS RELATING TO THE PROCESSING AND PROTECTION OF ANY PERSONAL DATA GATHERED VIA THE WEBSITE ARE EXAMINED MORE SPECIFICALLY IN THE PRIVACY POLICY (SEE “"PRIVACY POLICY")

THE TERMS AND CONDITIONS APPLICABLE TO ON-LINE SALES ARE DEFINED IN MORE DETAIL IN OUR GENERAL TERMS AND CONDITIONS OF SALE (SEE “"GENERAL TERMS AND CONDITIONS OF SALE").

 1. INTELLECTUAL PROPERTY RIGHTS

THE WEBSITE IS PROTECTED BY COPYRIGHT, TRADEMARK LAW AND, MORE GENERALLY, BY LEGISLATION RELATING TO INTELLECTUAL PROPERTY, WITH EFFECT WORLDWIDE, BOTH IN RELATION TO ITS PRESENTATION (OPTIONS, PLAN, LAYOUT, ETC.) AND TO EACH COMPONENT PART COMPRISING ITS CONTENT (TRADEMARKS, TEXT, IMAGES, VIDEOS, ILLUSTRATIONS, LOGOS, ETC.). CELINE, ITS AFFILIATES AND/OR THE HOLDERS OF THE WEBSITE’S INTELLECTUAL PROPERTY RIGHTS ARE THE HOLDERS OF ALL INTELLECTUAL PROPERTY RIGHTS RELATING TO THE WEBSITE AND TO ITS COMPONENT PARTS.

YOU ARE PROHIBITED FROM REPRODUCING, MAKING PUBLICLY ACCESSIBLE, DISTRIBUTING, EDITING OR OTHERWISE USING THE CONTENT OF CELINE IN A WAY THAT GOES BEYOND THE INTENDED USE OF THE WEBSITE WITHOUT THE PRIOR CONSENT OF CELINE. YOU ARE ALSO PROHIBITED FROM REPRODUCING, MAKING PUBLICLY ACCESSIBLE, DISTRIBUTING, EDITING OR OTHERWISE USING OTHER THIRD-PARTY CONTENT IN A WAY THAT GOES BEYOND THE INTENDED USE OF THE WEBSITE WITHOUT THEIR PRIOR CONSENT.

ON THIS BASIS AND IN ACCORDANCE WITH APPLICABLE INTELLECTUAL PROPERTY LAW, USE OF THE WEBSITE AND ITS COMPONENT PARTS IS AUTHORISED FOR PRIVATE USE ONLY.

THEREFORE, THE REPRODUCTION, REPRESENTATION OR MODIFICATION, EITHER TOTAL OR PARTIAL, OF ANY PAGES, DATA OR COMPONENT PARTS RELATING TO THE PRESENTATION AND/OR CONTENT OF THE WEBSITE, VIA ANY SUPPORT WHATSOEVER AND USING ANY PROCEDURE WHATSOEVER, IS PROHIBITED OTHER THAN WITH EXPRESS PRIOR CONSENT FROM CELINE OR THE HOLDERS OF THE WEBSITE'S INTELLECTUAL PROPERTY RIGHTS.

THE TRADEMARKS BELONGING TO CELINE AND/OR ITS AFFILIATES FEATURED ON THE WEBSITE ARE TRADEMARKS REGISTERED IN GERMANY AND/OR INTERNATIONALLY FOR VARIOUS PURPOSES BY CELINE AND/OR ITS AFFILIATES.

THE TOTAL OR PARTIAL REPRODUCTION OR REPRESENTATION OF THESE TRADEMARKS PERFORMED FROM THE WEBSITE OTHER THAN WITH EXPRESS PRIOR CONSENT FROM CELINE IS PROHIBITED, IN ACCORDANCE WITH THE PROVISIONS OF APPLICABLE INTELLECTUAL PROPERTY LAW.

SIMILARLY, ANY USE MADE OF ALL OR PART OF THE WEBSITE’S CONTENT FOR ILLEGAL PURPOSES RENDERS THE USER LIABLE UNDER CIVIL AND CRIMINAL LAW, AND SUCH USER MAY BE THE SUBJECT OF LEGAL PROCEEDINGS.

CELINE HAS THE RIGHT TO MODIFY THE CONTENT OF THE WEBSITE AT ANY TIME AND WITHOUT NOTICE.

2. LINKS

YOU ARE NOT PERMITTED TO ADOPT THE CONTENT OF THIS WEBSITE AS YOUR OWN BY LINKING TO THE CELINE WEBSITE WITHOUT APPROPRIATE LABELLING. IN ANY CASE, IT MUST BE EVIDENT THAT YOU ARE LINKING TO LEGALLY PROTECTED CONTENT OF CELINE. IN PARTICULAR, "FRAMING" IS PROHIBITED, IN WHICH IT IS NOT CLEARLY DISPLAYED ON THE THIRD-PARTY WEBSITE THAT THE INTERNET ADDRESS CHANGES AFTER CLICKING THE LINK TO CELINE'S WEBSITE. THIRD PARTY WEBSITES CONTAINING HYPERTEXT LINKS TO THE WEBSITE ARE NOT UNDER THE CONTROL OF CELINE AND CELINE THEREFORE DECLINES ALL LIABILITY (PARTICULARLY AS PUBLISHER) CONCERNING ACCESS TO, AND THE CONTENT OF, SUCH WEBSITES.

 THE WEBSITE MAY ALSO CONTAIN LINKS TO THIRD PARTY WEBSITES NOT PUBLISHED OR CONTROLLED BY CELINE. SUCH LINKS ARE PROVIDED AS A CONVENIENCE ONLY. THEY MAY NOT BE INTERPRETED AS AN EXPLICIT OR IMPLICIT ENDORSEMENT OF SUCH WEBSITES, THEIR CONTENT, OR OF ANY PRODUCT OR SERVICES THEREBY OFFERED. CELINE ASSUMES NO RESPONSIBILITY FOR THE CONTENT OF THE EXTERNAL WEBSITE.  

 3. OBLIGATIONS OF THE USER

YOU HEREBY UNDERTAKE NOT TO USE OR ALLOW THE USE OF THE WEBSITE IN AN IMPROPER MANNER, FOR UNLAWFUL, FRAUDULENT OR MALICIOUS PURPOSES, AND PARTICULARLY (WITHOUT LIMITATION):

• (I) BY PIRATING THE WEBSITE OR BY INTRODUCING ANY MALICIOUS CODE, INCLUDING VIRUSES, OR HARMFUL DATA INTO THE WEBSITE OR ANY OPERATING SYSTEM;
• (II) BY THE USE OF A “SPIDER” OR ANY OTHER SYSTEM, METHODS OR PROGRAMMES (AUTOMATED OR OTHERWISE) TO EXTRACT DATA OR INFORMATION FROM CELINE’S WEBSITE OR SERVERS;
• (III) BY SENDING OR STORING DOCUMENTS CONTAINING VIRUSES, WORMS, TROJAN HORSES OR OTHER HARMFUL CODE, FILES, SCRIPTS, AGENTS OR COMPUTER PROGRAMMES;
• (IV) BY INTERFERING WITH OR CAUSING HARM TO THE INTEGRITY OR PERFORMANCE OF THE WEBSITE AND THE DATA CONTAINED THEREIN;
• (V) BY TRYING TO OBTAIN UNAUTHORISED ACCESS TO THE WEBSITE, ITS SYSTEMS OR ASSOCIATE NETWORKS;
• (VI) BY TRYING TO ACCESS THE ACCOUNTS OR PERSONAL INFORMATION OF OTHER USERS IN AN UNAUTHORISED MANNER.

4. LIMITATION OF LIABILITY

CELINE SHALL BE LIABLE IN ACCORDANCE WITH THE STATUTORY PROVISIONS FOR INTENT AND GROSS NEGLIGENCE ON THE PART OF CELINE, ITS LEGAL REPRESENTATIVES, EXECUTIVES OR OTHER AGENTS. THIS ALSO APPLIES TO THE ASSUMPTION OF GUARANTEES OR ANY OTHER ASSUMPTION OF NO-FAULT LIABILITY AS WELL AS TO CLAIMS UNDER THE PRODUCT LIABILITY ACT OR CULPABLE INJURY TO LIFE, LIMB OR HEALTH. CELINE IS ALSO LIABLE ON THE MERITS FOR SIMPLE NEGLIGENT BREACHES OF ESSENTIAL CONTRACTUAL OBLIGATIONS CAUSED BY CELINE, ITS REPRESENTATIVES, EXECUTIVES AND OTHER AGENTS, I.E. SUCH OBLIGATIONS ON THE FULFILMENT OF WHICH THE USER REGULARLY RELIES AND MAY RELY FOR THE PROPER EXECUTION OF THE CONTRACT, BUT IN THIS CASE THE AMOUNT IS LIMITED TO THE TYPICALLY OCCURRING, FORESEEABLE DAMAGE. ANY FURTHER LIABILITY OF CELINE IS EXCLUDED. THE STATUTORY WARRANTY RIGHTS TO WHICH THE USER IS ENTITLED AS A CONSUMER, IN PARTICULAR IN CASES IN WHICH DIGITAL PRODUCTS ARE DEFECTIVE, REMAIN UNAFFECTED BY THIS. INSOFAR AS THE LIABILITY OF CELINE IS EXCLUDED OR LIMITED, THIS ALSO APPLIES IN FAVOR OF THE PERSONAL LIABILITY OF ITS LEGAL REPRESENTATIVES, EXECUTIVES AND OTHER AGENTS.

5. MAINTENANCE, AVAILABILITY

CELINE RESERVES THE RIGHT TO TEMPORARILY RESTRICT THE POSSIBILITY OF ENTERING AND USING THE WEBSITE WITH REGARD TO CAPACITY LIMITS, THE SECURITY OR INTEGRITY OF THE SERVERS OR TO CARRY OUT TECHNICAL MEASURES AND IF THIS SERVES THE PROPER OR IMPROVED PROVISION OF THE SERVICES (MAINTENANCE WORK). CELINE TAKES INTO ACCOUNT THE LEGITIMATE INTERESTS OF ALL USERS, IN PARTICULAR BY MAKING ITS BEST EFFORTS IN PROVIDING ADVANCE INFORMATION.

6. CHANGE OF THESE TERMS OF USE

CELINE MAY PROPOSE AN AMENDMENT TO THESE TERMS OF USE TO YOU AT ANY TIME. THE AMENDMENT SHALL BE OFFERED TO YOU IN TEXT FORM (E.G. BY E-MAIL) WITHIN A REASONABLE AND PROPORTIONATE PERIOD OF TIME, WHICH SHALL BE AT LEAST 30 DAYS BEFORE THE PROPOSED DATE OF ENTRY INTO FORCE OF THE AMENDMENT. THE CHANGE OFFERED TO YOU SHALL ONLY ENTER INTO FORCE IF YOU AGREE TO IT AS FOLLOWS:

IF THE CHANGE IS A MATERIAL CHANGE, CELINE WILL ASK YOU TO EXPRESSLY AGREE TO THE CHANGE. A MATERIAL CHANGE IS SUCH A CHANGE TO THESE TERMS OF USE (IN PARTICULAR THE PROVISIONS ON THE TYPE AND GENERAL SCOPE OF THE AGREED SERVICES OR ON THE TERM AND TERMINATION) IN FAVOUR OF CELINE THAT SIGNIFICANTLY SHIFTS THE PREVIOUSLY AGREED RELATIONSHIP BETWEEN SERVICE AND CONSIDERATION TO YOUR DETRIMENT OR WOULD BE EQUIVALENT TO THE CONCLUSION OF A COMPLETELY NEW CONTRACT. A CHANGE TO THESE TERMS OF USE DUE TO A CHANGE IN THE LEGAL SITUATION, A LEGALLY BINDING COURT JUDGEMENT OR AN INTERIM INJUNCTION DOES NOT CONSTITUTE A MATERIAL CHANGE.

IF A PROPOSED AMENDMENT IS NOT A MATERIAL AMENDMENT IN THE AFOREMENTIONED SENSE, YOUR CONSENT SHALL BE DEEMED TO HAVE BEEN GIVEN IF YOU DO NOT EXPRESSLY REJECT THE AMENDMENT IN TEXT FORM (E.G. BY E-MAIL) TO CELINE BEFORE THE PROPOSED DATE OF ENTRY INTO FORCE OF THE AMENDMENT. IF YOU DO NOT AGREE WITH THE CHANGE, YOU HAVE THE RIGHT TO TERMINATE THE CONTRACT WITHOUT NOTICE AND FREE OF CHARGE UNTIL THE PROPOSED EFFECTIVE DATE OF THE CHANGE. IN THE MESSAGE WITH WHICH THE CHANGES ARE OFFERED, CELINE SHALL SPECIFICALLY INFORM YOU IN ADVANCE OF THE YOUR RIGHT OF REFUSAL, THE DEADLINE FOR THIS AND THE CONSEQUENCES OF MISSING THE DEADLINE AS WELL AS THE POSSIBILITY OF CANCELLATION.

THE AMENDED TERMS OF USE WILL ALSO BE PUBLISHED ON THE CELINE WEBSITE.

 6. APPLICABLE LAW; MISCELLANEOUS

THESE TERMS OF USE ARE GOVERNED BY AND INTERPRETED IN ACCORDANCE WITH FRENCH LAW. IF YOU ARE ACTING AS A CONSUMER AND IF MANDATORY STATUTORY CONSUMER PROTECTION REGULATIONS IN YOUR COUNTRY OF RESIDENCE CONTAIN PROVISIONS THAT ARE MORE BENEFICIAL FOR YOU, SUCH PROVISIONS SHALL APPLY IRRESPECTIVE OF THE CHOICE OF FRENCH LAW. AS A CONSUMER, YOU MAY ONLY BRING PROCEEDINGS RELATING TO THESE TERMS BEFORE THE COMPETENT COURT OF YOUR PLACE OF RESIDENCE OR THE COMPETENT COURT OF CELINE’S PLACE OF BUSINESS IN FRANCE. IF CELINE WISHES TO ENFORCE ANY OF ITS RIGHTS AGAINST YOU AS A CONSUMER, WE MAY DO SO ONLY IN THE COURTS OF THE JURISDICTION IN WHICH YOU ARE A RESIDENT. IF YOU ARE ACTING AS A BUSINESS, YOU AGREE TO SUBMIT TO THE EXCLUSIVE JURISDICTION OF THE FRENCH COURTS.

SHOULD ANY DISPUTE ARISE IN RELATION TO THE USE OF THE WEBSITE, YOU MAY IF YOU WISH HAVE RECOURSE TO ANY METHOD OF ALTERNATIVE DISPUTE RESOLUTION. YOU MAY NOTABLY DECIDE TO INITIATE THE MEDIATION PROCESS VIA THE ONLINE DISPUTE SETTLEMENT PLATFORM DEVELOPED AND MANAGED BY THE EUROPEAN COMMISSION AT THE FOLLOWING ADDRESS: http://ec.europa.eu/consumers/odr/.

CELINE IS NEITHER WILLING NOR OBLIGED TO PARTICIPATE IN DISPUTE RESOLUTION PROCEEDINGS WITH CONSUMERS BEFORE A CONSUMER ARBITRATION BOARD (CONSUMER DISPUTE RESOLUTION ACT (VSBG)).

SHOULD INDIVIDUAL PROVISIONS OF THESE TERMS OF USE BE OR BECOME INVALID OR INEFFECTIVE IN WHOLE OR IN PART, THIS SHALL NOT AFFECT THE VALIDITY OF THE REMAINING PROVISIONS. ANY PROVISIONS OF THESE TERMS OF USE THAT ARE NOT INCLUDED OR ARE INVALID SHALL BE REPLACED BY STATUTORY LAW. IF SUCH STATUTORY LAW IS NOT AVAILABLE IN THE RESPECTIVE CASE (LOOPHOLE) OR WOULD LEAD TO AN UNACCEPTABLE RESULT, THE PARTIES SHALL ENTER INTO NEGOTIATIONS TO REPLACE THE NON-INCLUDED OR INVALID PROVISION WITH A VALID PROVISION THAT COMES AS CLOSE AS POSSIBLE TO IT IN ECONOMIC TERMS.