TERMS AND CONDITIONS OF USE

Welcome to the www.valentino.com website (the “Website”)  

 

These terms and conditions (the “Terms of Use”) govern your use of access to from the United States section of www.valentino.com (the "US Site") and are entered into between you and VALENTINO, a company having an address at Via Turati 16/18, 20121 Milano, Italy ("VALENTINO"). By using the US Site, you agree to comply with and be bound by these General Terms and Conditions of Use. If you do not agree to these General Terms and Conditions of Use, please do not use the US Site.  

 

The US Site is offered and available to users who are 18 years of age or older and reside in the United States or any of its territories or possessions. By using the US Site, you represent and warrant that you are of legal age to form a binding contract with VALENTINO and meet all the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the US Site. 

 

These Terms of Use are entered into by and between you and Valentino. The following terms and conditions govern your access to and use of Website, including any content, functionality, and services offered on or the Website. 

 

Please read the Terms of Use carefully before you start to use the Website. By using the Website, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at Privacy Policy, incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Website. 

 

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them. Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you. 

1. Intellectual Property 

 

The contents present on the Website, such as, without limitation, images, photographs, music, sounds and videos, documents, drawings, pictures, logos and any other materials, whatever their format, posted on the Website including, the menus, web pages, graphics, colours, patterns, tools, characters, and design of the Website, diagrams, layouts, methods, processes, functions and software that are part of the Website, are protected by copyright and by all other IP rights of Valentino or of the third parties, if any, that Valentino has engaged. It is forbidden to reproduce, in whole or in part, in whatever form, the Website and its contents without Valentino’s express written consent.

Under no circumstances may you be authorized to reproduce, on any medium, in whole or in part, the Website and its contents. Any reproduction must be authorized by Valentino or, where appropriate, by the authors of the individual works contained on the Website. Such reproductions must be made for lawful purposes and in compliance with the copyright and the other IP rights of Valentino and of the authors of the individual works contained on the Website. The authors of the individual works published on the Website shall be entitled to claim, at any time, the authorship of their work and to oppose any modification of the works including any damage caused to the works that is prejudicial to them. You undertake to comply with the copyright of the artists who have chosen to publish their works on the Website. You are also not authorized to use, under any circumstances, in any manner and form, the contents of the Website and the individual works protected by copyright and by any other IP right. You may not alter or modify the contents and the copyrighted works without Valentino’s consent and, where necessary, without the consent of the relevant authors. 

2. Trademarks and domains

 

The exclusive owner of all trademarks and distinctive signs presents on the Website, is Valentino, who maintains the exclusive right to use them. Any unauthorized use or use that is not compliant with the law is strictly forbidden. Under no circumstances will you be entitled to use said trademarks and the other distinctive signs present on the Website to obtain, an improper benefit from the distinctive character or from the popularity of the Valentino Group’s trademarks in a way that is prejudicial to the same or to their owners. 

 

The Valentino.com domain, as well as any derivatives of the same and any sub-domain, are in the ownership of the Valentino. It is not permitted, not even indirectly, to use them without the express written consent of their owners.  

3. Prohibited Uses

 

You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:

• In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).

• For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.

• To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation.

• To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).

• To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website, or expose them to liability. 

 

Additionally, you agree not to:

• Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Website, including their ability to engage in real time activities through the Website. 

 

• Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website. 

 

• Use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent. 
• Use any device, software, or routine that interferes with the proper working of the Website. 

 

• Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful. 

 

• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website. 

 

• Attack the Website via a denial-of-service attack or a distributed denial-of-service attack. 

 

• Otherwise attempt to interfere with the proper working of the Website. 

4. Inbound and Outbound links from the Website to Third Party Sites 

 

The Website may contain links (the "links") to other sites that are unrelated to the Website. Such website is not controlled or monitored by the Website Operator who therefore provide no guarantee as to their contents and to the manner in which they process personal data. You must therefore carefully read the conditions of use of the third-party sites you visit and their privacy policies, as these Conditions of Use and the Privacy Policy refer exclusively to the Website.  

 

Conversely, it will be possible to activate on third party sites links redirecting to the Website, so long as the Website Operator has given prior consent. The application for obtaining such consent may be sent to the Website Operator at the abovementioned postal or email address imagesandcopyright@valentino.com.
Any unauthorized activation of links shall entitle the Website Operator to take any action to have the unlawful links immediately deactivated, and to have the wrongful business practice, the unfair competition or the action that hinders the reputation of the Website Operator, its products and companies of its group, prosecuted into the fullest extent permitted by applicable laws. Posting hypertext links (such as deep frames and deep links) to the Website or using unauthorised meta-tags is in any case forbidden.

5. Contents

 

The access, use and browsing of the Website are for your personal use only, and should never be for commercial, entrepreneurial and professional activities. Using and browsing the Website are activities performed by you and, as such, no liability can be attributed to the Website Operator for the incorrect use of the Website. The Website Operator shall therefore not be liable if during any downloading activity to your device results in damages or lost data, unless any such damage and loss are attributable to the gross negligence and wilful misconduct of the Website Operator. 

 

The Website Operator accepts no responsibility for damages deriving from the inaccessibility to the Website services, disruption of the service, content cancellation, problems related to the networks, providers or telephone and/or internet connections, unauthorized accesses, data alteration, failure and/or malfunction of your electronic equipment.  

It will be your responsibility to protect and correctly use your personal data, including the credentials allowing access the restricted services.  

 

The Website Operator has adopted all reasonable measures to prevente the posting of contents and images that are likely to infringe a person’s human rights and dignity, in all possible forms and expressions. Should you deem however that such contents are offensive, please report it to the Website Operator (by sending the relevant notice to the following mailbox imagesandcopyright@valentino.com). 

 

The Website Operator has also adopted useful precautions to ensure that all information on the Website is correct, complete and updated. The Website Operator however accepts no responsibility for the accuracy and completeness of the contents posted on the Website, unless otherwise required by the law. Should you find any error in the information present on the Website or realize that such information is not duly updated, please report it to the Website Operator sending the relevant notice to the following mailbox imagesandcopyright@valentino.com

6. Geographic Restrictions

 

The owner of the Website is based in Italy and the sale of Products are performed by Valentino US, based in the State of New York in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

7.  Dispute Resolution and Binding Arbitration

 

(a) YOU AND VALENTINO AGREE TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION. 

 

ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHWERISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS OR USE OF THE US SITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION. 

(b) The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction. (c) You may elect to pursue your claim in small-claims court rather than arbitration if you provide us with written notice of your intention to do so within 60 days of your purchase. The arbitration or small-claims court proceeding will be limited solely to your individual dispute or controversy.  

 

(d) You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR VALENTINO WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.  

 

If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed, and the remaining arbitration terms will be enforced.   

8. Disclaimer of Warranties and Limitation of Liability

 

THE US SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY VALENTINO AND THE PROVIDER ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. VALENTINO AND THE PROVIDER MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. 

 

TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, VALENTINO AND THE PROVIDER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. VALENTINO AND THE PROVIDER DOES NOT WARRANT THAT THIS SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE; THEIR SERVERS; OR EMAIL SENT FROM VALENTINO AND THE PROVIDER ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. VALENTINO AND THE PROVIDER WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING. 

 

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

9. Your Comments and Concerns

 

All other feedback, comments, requests for technical support, and other communications relating to the Website should be directed to the Customer Care.