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GENERAL TERMS AND CONDITIONS OF USE

by Florent

 

This website www.thevillageoutlet.com (“our Website”) is managed by Compagnie de Phalsbourg, SARL, (registration number 349 545 103) with head office registered in Paris, 22 Place Vendôme 75001 Paris France (“we”). Our VAT number is FR 40 349545103. Our telephone number is +33 01 53 96 50 50.

We make this Website available to you, and your access to and use of our Website is subject to and governed by the applicable law and these general terms and conditions of use (“the Terms and Conditions”). Please read these Terms and Conditions carefully. If you do not have access to these Terms and Conditions via the Internet, we may send you a copy of the most recent version by e-mail at your request. If you do not agree to these Terms and Conditions, please do not use our Website. If you use our Website, you will be deemed to have accepted these Terms and Conditions and to be bound by them.

These Terms and Conditions are subject to change as appropriate. Any changes to these Terms and Conditions will be posted on this page. Please review these Terms and 

Conditions on a regular basis as you will be deemed to have accepted and be bound by these changes if you continue to use our Website after the addition of any changes to these Terms and Conditions.

 

  • Confidentiality

 

By using our Website, you acknowledge having read and understood the terms of our Privacy Policy and you agree to the processing of personal information that we apply as described in our Privacy Policy.

 

  • Availability and failures

 

Compagnie de Phalsbourg is committed to implementing all the means at its disposal to ensure quality access to its website and make it available 24 hours a day, 7 days a week. However, access to the site may at any time be subject to interruption, suspension or modification without notice, for maintenance or for any other reason, and without Compagnie de Phalsbourg being held responsible. The user therefore agrees not to claim any compensation following the interruption, suspension or modification of this contract. Any event due to a case of force majeure resulting in a malfunction of the network or the server is not the responsibility of Compagnie de Phalsbourg.

Compagnie de Phalsbourg is not obliged to update the information visible on our Website. We reserve the right to modify, edit, delete, suspend or discontinue, temporarily or permanently, our Website (or any portion of it) and/or the information, documents, 

products and/or services made available on our Website (or any portion of it) with or without notice.

Our Website is offered “as is” and according to its availability, and to the extent permitted by law, does not apply any warranty or condition of any kind.

 

  • Property

 

Unless stated otherwise, our Website including its design, its texts, its content, its layout and all other points concerning it are protected by copyright and the law on intellectual property in force. We own or license all intellectual property and property rights of or relating to our Website. All said rights are reserved.

However, the content of trademarks on our website remains the property of the brand if the content has been transmitted by it. In this sense, we are not responsible for images rights since they are communicated by the brands beforehand.

The posting of our Website does not constitute a waiver of any right relating to our Website. Except as expressly provided otherwise in these Terms and Conditions, you do not acquire any right, title or interest in our Website.

 

  • Your use of our Website

 

You may not: reproduce, duplicate, copy, sell, retransmit, distribute or otherwise exploit our Website and its content for commercial purposes without our prior written 

permission; collect lists, descriptions or prices of products; use our Website or its content for purposes incompatible with its primary purpose; download or copy the information for the benefit of another company; or use data mining, robots, or similar data gathering and extraction tools.

However, you may print copies in reasonable quantities, and may download excerpts, pages from our Website for your personal use only. It is forbidden to modify hard copies or digital copies of documents printed or downloaded in any way, and it is forbidden to use illustrations, photographs, videos or audio sequences or any graphic independently of its accompanying text.

It is prohibited to use our Website for abusive purposes by intentionally introducing viruses or any other malicious or technologically harmful program, to attempt to gain unauthorised access to our Website, or to attack our Website via a denial of service attack or distributed denial of service attack. We will report to the relevant authorities.

Access to or use of our Website (or information, documents, products and/or services of our Website) may be prohibited by the laws of certain countries or jurisdictions. You are responsible for complying with the legislation in force in the country from which you access the Internet. We do not claim that our Website (or information, documents, products and/or services of our Website) is appropriate or available for use in countries other than France.

We reserve the right to suspend or terminate your access to our Website (or portions of it) at any time if we have reason to believe that you are not using our Website in accordance with these Terms and Conditions, and if you print, copy or download any section of our Website by violating these Terms and Conditions, you must, at your discretion, return or destroy the copies of the documents you have made.

 

  • Registration

 

If necessary, we may restrict access to our Website (or portions of it) to users who have registered by joining our Loyalty Programme or by creating an account.

If you are registered for restricted areas (for example registered in our Loyalty Programme), you are registered as a personal user of our Website. Access to restricted areas is via your user identification code (“user ID”), your password and any other information required as part of our security procedures. We authorise you to access the restricted areas of our Website, provided that:

 

  1. you are, on the date of registration, 18 years of age or over
  1. you treat your user ID and password confidentially. You may not share them with any third party, they may not be used by third parties to access our Website
  1. all information you provide to us is accurate
  1. you are not creating malicious purposes for additional accounts in order to misuse the functionality of our Website or other users
  1. you are not trying to pretend to be another user.

 

You will be able to access your information and modify most of it in the My Account section of our Website.

If, for any motive, we have reason to believe that you are not in compliance with these Terms and Conditions, we may at any time, at our sole discretion, disable your user ID and password and otherwise cancel your right of access.

 

  • Description of the Products and/or Services and other information

 

Our Website is for informational purposes only. All information, descriptions, prices and other information relating to the products and/or services on our Website are of a general nature only. We do not guarantee that a product and/or service listed on our Website will be available or in stock the day of your arrival at The Village Outlet.

We will use due diligence to ensure that all information is correct at the time the information is included in our Website, but it may be inaccurate or incomplete and subject to change. Thus, for example, we cannot be held responsible if a special operation relayed on our website is modified by the brand, in-store.

Therefore, we recommend that you check retailer or distributor information with them, and check information about our products and services with The Village Outlet centre. We are not responsible for any losses you incur based on the information contained in our Website.

 

  • Material you submit

 

Users of our Website may post content or comments, or otherwise submit material for publication in various sections of our Website, including on our news boards, boost photos, our Instagram account linked on our website and any other interactive area. We do not endorse, support, approve, sanction, encourage or confirm content, comments or material posted or submitted by users and published by us. We have not researched, tracked or verified such content, comments or material in terms of accuracy, completeness or compliance with applicable law. We accept no responsibility for content, comments or posted material. In order to show respect to others, it is the responsibility of the user to maintain a certain ethical standard regarding the content posted on our website. We reserve the right to remove any violent, pornographic or hateful or discriminatory content.

If you post content or comments, or otherwise submit material for publication, in any of the sections of our Website, on our social networks or on booster photos by agreeing to share them:

 

you grant us a worldwide, non-exclusive, free license to use, reproduce, publish, republish, transmit, and disseminate (and you grant us the right to sub-license to use, reproduce, publish, republish, transmit, and disseminate) such content, comments or material in any format, including paper and electronic formats for an indefinite period

you guarantee that the posted content, comments or materials are not illegal, threatening, defamatory, obscene, pornographic or profane or could constitute or encourage conduct that would be considered an offence or a criminal offence to any law, and that you are not posting material that is deliberately intended to upset other users

you will not be compensated for content, comments or published material

you guarantee that the posted content, comments or materials are the result of your own work and that you own the copyrights and any other rights involved

a product and/or a service made available through our Website (or any portion of it) contains defamatory content, please notify us immediately in writing by mail or e-mail to Legal Team: Compagnie de Phalsbourg, 22 Place Vendôme, 75001 Paris, France or by e-mail at modifications@thevillageoutlet.com. Upon receipt of your notification, we will make all reasonable efforts to remove the defamatory content that is the subject of the complaint within a reasonable time.

If you have any questions or complaints about these Terms or any other subject, you can contact us in writing at: Legal team: Compagnie de Phalsbourg, 22 Place Vendôme, 75001 Paris, France or by e-mail at modifications@thevillageoutlet.com.

  • Competitions

Occasionally, we may promote competitions on our Website. Specific arrangements and rules will apply to these competitions. Please ensure that you read carefully the terms and conditions applicable to any competition in which you participate as you will be deemed to have accepted the terms and conditions of this competition and to be bound by them if you participate. During these competitions, we will need to collect certain information allowing us to apply the rules. This information will be stored securely in accordance with European legislation.

  • Newsletters

You can decide to subscribe to our newsletter to be alerted of the news, offers and events of the centre. We have chosen European providers complying with the European data protection laws for the sending of our newsletters. In order to improve the quality of the content produced and sent, we may refer to statistical analyses such as the open rate, the unsubscription rate, the click rate etc. You can unsubscribe at any time from our newsletters by clicking on the link directly in the newsletter.

  • Personal Information

In accordance with the Data Protection Act of 6th January 1978, Compagnie de Phalsbourg has made a simplified declaration and has a commitment of conformity to the aforementioned declarations, relating to the simplified standard no. 48, no. 2626, no. 51, with the CNIL 11th May 2018.

Compagnie de Phalsbourg is committed to maintaining the confidentiality of all information provided by thevillageoutlet.com website users. They will only be used to strengthen and personalise communication including e-mails, letters, push notifications (if accepted by the user) as well as in the context of personalisation of the Website based on user preferences. Compagnie de Phalsbourg does not market the personal data of users, and does not rent it to third parties of the Group.

Compagnie de Phalsbourg may send users information and commercial offers from its partners. The user can oppose this by informing by e-mail at the following address: modifications@thevillageoutlet.com.

Compagnie de Phalsbourg can also provide consolidated statistics about its users, sales on The Village Outlet, Loyalty Programme Members, structure of exchanges by e-mail, chat or form and/or related to the information on the site to trusted third parties, but these statistics will not contain any personal data.

In accordance with the Data Protection Act of 6 January 1978, the user or the Member of the loyalty programme may exercise at any time their right of access to the file, their right to correct or delete their e-mail address, surname, first name, postal address, loyalty points by writing to the following address: modifications@thevillageoutlet.com.

 

  • Third party websites

 

Our Website may contain links to other websites operated by companies and persons unrelated to us (“Third Party Website”). These links are provided for informational purposes only.

The inclusion in our Website of links to a Third Party Website does not mean that we approve, endorse or accept any liability for this Third Party Website, its content or use, or the use of products and/or services offered through the aforementioned Third Party Website. We have not researched, tracked or verified third party websites in terms of accuracy, completeness or compliance with applicable law. We cannot be held liable for damages or losses caused by your use of, or confidence in, the Third Party Websites and you use the Third Party Websites at your own risk. All the terms and policies of the Third Party Websites that you visit will be applied to the aforementioned websites and should be consulted.

We have agreements with carefully selected companies that may sell you products or services on Third Party Websites whose links appear on our Website. These sites display our logo or mention an association with our company, such as The Village loyalty card. When you follow the link of these Third Party Websites, they may still be framed by our Website or display our logo, and be part of our Website. However, be aware that these products and services are sold by another company. Although we select these companies carefully, we are not responsible for the products and services they offer and sell, and you are responsible for reviewing the terms and conditions of such Third Party Websites and any products and/or services that they offer.

 

  • Links to our Website

 

You may link to our Website in another website or document without our prior written permission, provided that no link degrades our website or the image of The Village Outlet or our Partners. The link to the third party website does not imply that we endorse your products or services or any product or service on your website. In the event that the redirect link to our website is inserted from a site whose content is considered illegal, threatening, defamatory, obscene, pornographic or profane or could constitute or encourage conduct that would be considered a criminal offence or breach of any law, or denigrate in any way our services, our brands or our partners, we reserve the right to impose the removal of the redirect link from your website. In any case, you are solely responsible for the website in which you have inserted a link to our Website and all representations made or impressions created about us or concerning our Website. You are also responsible for attracting the attention of persons accessing our Website via the link to these Terms and Conditions.

 

  • Exclusion of Liability – In our capacity and on behalf of associated companies, we exclude liability arising out of or relating to access to or use of our Website or any linked website and (whether based on a contract, negligence, tort, strict liability or otherwise) to the extent permitted by applicable law for any of the following losses:
  • losses resulting from the unavailability of the Website or a technical failure of the Website
  • loss of data
  • losses caused by a denial of service attack, viruses or other technologically harmful material
  • loss of revenue or anticipated profit or savings
  • losses arising out of circumstances beyond our reasonable control and reasonably unpredictable losses.

 

In all cases, our overall responsibility and that of our associated companies arising from or relating to the access and use of our Website or any associated website shall not exceed the amount paid to access our Website, (except if stated otherwise in the legislation in force).

By accessing our Website, you acknowledge that all restrictions and exclusions of liability set out in these Terms and Conditions are just and reasonable.

 

  • Compensation

 

You agree to indemnify us, to free us and to release us and our associated companies from all liability to the extent permitted by applicable law, for any claim, liability, loss, expense or demand relating to your breach of these Terms and Conditions.

 

  • Choice of law and jurisdiction

 

Our Website is controlled and managed by us from our offices in France.

These Terms and Conditions are subject to French law. In the event of litigation related to the interpretation, the validity and the consequences related to these Terms and Conditions and, in the absence of a prior amicable solution, the courts of Paris will have sole jurisdiction. Given the global dimension of the Internet, you must comply with the rules applicable in your country of residence.

 

  • General

 

These Terms and Conditions contain the entire agreement between you and us concerning the use of our Website. No oral or written statement, declaration or inducement not contained in these Terms and Conditions (and any update thereto) will be binding on us or you.

Each of the provisions of these Terms and Conditions is divisible. If any provision of these Terms and Conditions is or becomes unlawful, invalid or unenforceable under the law of any jurisdiction, that provision shall be modified and construed so as to best serve the purposes of the original provision to the extent permitted by the law. Other provisions of these Terms and Conditions will continue to apply.

 

 

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