Terms of Use

Effective Date: January 1, 2022

Legal information
ELCO S.A.S – Éditions de Parfums Frédéric Malle
40/48 rue Cambon – 75001 Paris
Société par actions simplifiée (SAS)
Capital 239 199 950,00 euros
702 038 464 R.C.S. Paris
VAT number FR917020368464
Customer Service E-mail: eshop@fredericmalle.com
Director of publication: Franck Besnard
Host: ELC Online – 40 West 23rd Street, New York, NY 10010, USA

Editions de Parfums Frédéric Malle (“we”, “us”, or “our”) provides the content and services available on the website www.fredericmalle.eu (“Site”) to you subject to the following Terms of Use, our Privacy Policy, Terms of Sale and other terms and conditions and policies which you may find throughout our Site in connection with certain functionality, features or promotions as well as customer service, all of which are deemed a part of and included within these terms and conditions (collectively, “Terms and Conditions”).

You must be 18 years old or the age of majority in your jurisdiction in order to make a purchase on our Site. If you are under 18 years old or the age of majority in your jurisdiction then you may not make a purchase on our Site. By accessing or using the Site, you are acknowledging that you have read, understand, and agree, without limitation or qualification, to be bound by these Terms and Conditions. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS, YOU MAY NOT USE OUR SITE. 

1. Privacy
Please review our Privacy Policy governing your use of and access to this Site so that you may understand our privacy practices.

2. Products and Services for Personal Use
The products and services available on the Site, and any samples thereof we may provide to you, are for personal use only. You may not sell or resell any of the products or services, or samples thereof, you purchase or otherwise receive from us. We reserve the right, with or without notice, to cancel or reduce the quantity of any order to be filled or products or services to be provided to you that we believe, in our sole discretion, may result in the violation of our Terms and Conditions.

3. Purchase Related Policies and Procedures
To view policies and procedures related to orders placed through this Site (such as order processing, shipping and handling, returns and exchanges), click here.

4. Accuracy of Information
We attempt to be as accurate as possible when describing our products on the Site; however to the extent permitted by applicable law, we do not warrant that the product descriptions, colors, information or other content available on the Site are accurate, complete, reliable, current, or error-free.

This Site may contain typographical errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions (including after an order has been submitted) and to change or update information at any time without prior notice.

5. Intellectual Property
All information and content available on the Site and its look and feel, including but not limited to trademarks, logos, service marks, features, functions, text, graphics, photographs, button icons, images, audio clips, data compilations and software, and the compilation and organization thereof (collectively, the “Content”) is the property of Editions de Parfums Frédéric Malle or the property of our parents, subsidiaries, our affiliates, partners or licensors, and is protected by local laws, as well as EU and United States laws, including laws governing copyrights and trademarks. Our trademarks and trade dress may not be used in any manner for any purpose without our express written consent.
Except for the limited licenses set forth in Section 6 below, or as required under applicable law, neither the Content nor any portion of the Site may be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in whole or in part, for any purpose without our express, prior written consent.

6. Limited Licenses; Use Restrictions
We grant you a limited, revocable, non-transferable, and non-exclusive license to access and make personal use of the Site. You understand and agree that you will not do or attempt to do or cause any third party to do or attempt to do any of the following in connection with your use of the Site:
• frame or utilize framing techniques to enclose the Site or any portion thereof;
• use any meta tags, "hidden text", robots, spiders, crawlers, or other tools, whether manual or automated, to collect, scrape, index, mine, republish, redistribute, transmit, sell, license or download the Site, Content (except caching or as necessary to view the Site), or the personal information of others without our prior written permission or authorization;
• make any use of the Site or any Content other than for personal use;
• modify, reverse engineer or create any derivative works based upon the Site or any Content;
• impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity;
• "stalk" or otherwise harass including advocating harassment of another, entrap or harm any third party including harming minors in any way;
• intentionally violate any applicable local, state, national or international law;
• transmit, upload, post, e-mail, share, distribute, reproduce, or otherwise make available any software viruses, malware, program, code, file, or other material intended to interrupt, disrupt, alter, destroy, or limit any part of the Site; and/or
• engage or make any unsolicited or unauthorized advertising, solicitation or promotional material, including chain letters, mass mailings, or any form of "spam."

We also grant you a limited, revocable, non-transferable, and non-exclusive license to create a hyperlink to the home page of the Site for personal, non-commercial use only. A website that links to the Site (i) may link to, but not replicate, any and/or all of our Content; (ii) may not imply that we are endorsing such website or its services or products; (iii) may not misrepresent its relationship with us; (iv) may not contain content that could be construed as distasteful, obscene, offensive controversial or illegal or inappropriate for any ages (as determined in our sole discretion); (v) may not portray us or our products or services in a false, misleading, derogatory, or otherwise offensive or objectionable manner, or associate us with undesirable products, services, or opinions; and/or (vi) may not link to any page of the Site other than the home page. We may, in our sole discretion, request that you remove any link to the Site, and upon receipt of such request, you shall immediately remove such link and cease any linking unless separately and expressly authorized in writing by us to resume linking.

Any unauthorized use by you of the Site or any and/or all of our Content automatically terminates the limited licenses set forth in this Section 6 without prejudice to any other remedy provided by applicable law or these Terms and Conditions.

7. Your Obligations and Responsibilities
By accessing or using the Site or any Content, you agree that you will comply with these Terms and Conditions and any warnings or instructions on the Site. You agree that when accessing or using the Site or any Content, you will act in accordance with the law, custom and in good faith. You may not make any change or alteration to the Site or any Content or services that may appear on this Site and may not impair in any way the integrity or operation of the Site. Without limiting the generality of any other provision of these Terms and Conditions, if you default negligently or willfully in any of the obligations set forth in these Terms and Conditions, you shall be liable for all the losses and damages that this may cause to us, our parents, subsidiaries, affiliates, partners or licensors.

8. Your Account
Subject to the age restrictions outlined above, you may view and use many features of the Site without registering, including making purchases, but in order to access and use some parts of the Site, you may need to register an account with us. You are responsible for maintaining the confidentiality of your account, username and password and for restricting access to your computer. If there has been an unauthorized use of your password or account, please notify us immediately. You are responsible for providing and maintaining current, complete, accurate and truthful information on your account. You agree to accept responsibility for all activities that occur with your permission or authorization under your account, username and/or password, or because you fail to maintain sufficient security over your account, username and/or password. If you are accessing and using the Site on someone else’s behalf, you represent that you have the authority to bind that person as the principal to all Terms and Conditions provided herein, and to the extent you do not have such authority you agree to be bound to these Terms and Conditions and to accept liability for harm caused by any wrongful use of the Site or Content resulting from such access or use. You may cancel your online account with us at any time. To the extent permitted by applicable law, we reserve the right to refuse service and/or terminate accounts without prior notice if these Terms and Conditions are violated or if we decide, in our sole discretion, that it would be in our best interest to do so.

9. Third Party Links
We are not responsible for the content of any third-party sites even if they are linked to or from the Site. Links appearing on the Site are for convenience only and are not an endorsement by us, our parents, subsidiaries, affiliates or partners of the referenced content, product, service, or supplier. Your use and access of these third-party websites is at your own risk. We are in no way responsible for examining or evaluating, and we do not warrant the offerings of the third-party websites or any other websites linked to or from the Site, nor do we assume any responsibility or liability for the actions, content, products, or services of such websites, including without limitation, their privacy policies and terms and conditions. You should carefully review the privacy policies and terms and conditions of the third-party websites you visit.

10. Special Features, Functionality and Events
The Site may offer certain special features and functionality or events (such as contests, sweepstakes or other offerings) which may (a) be subject to terms of use, rules and/or policies in addition to or in lieu of these Terms and Conditions; and (b) be offered by us or by third parties.  If so, we will notify you of this and if you choose to take advantage of these offerings, you agree that your use of those offerings will be subject to such additional or separate terms of use, rules and/or policies.

11. User Content
It is our policy to decline unsolicited suggestions and ideas. Notwithstanding our policy with regard to unsolicited suggestions and ideas, and subject to the terms of our Privacy Policy, when you transmit, upload, post, e-mail, share, distribute, reproduce or otherwise make available suggestions, ideas, inquiries, feedback, data, text, software, music, sound, photographs, personal information such as your username/screen name, graphics, images, videos, messages or other materials ("User Content") on the Site in any manner (including through the “Contact Us” form), you are entirely responsible for such User Content. You hereby grant to us a perpetual, worldwide, transferable and sub licensable, irrevocable, unrestricted, non-exclusive, royalty-free license to use, copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit, and otherwise exploit such User Content throughout the world, in all media now known or hereafter developed, for any purpose whatsoever, including without limitation, developing, manufacturing, distributing and marketing products.

You represent and warrant that you own or otherwise control the rights to your User Content. You agree not to engage in or assist or encourage others to engage in transmitting, uploading, posting, e-mailing, sharing, distributing, reproducing, or otherwise making available User Content that (a) is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; (b) you do not have a right to make available under any law or under contractual or fiduciary relationships; (c) is known by you to be false, fraudulent, inaccurate or misleading; (d) you were compensated for or granted any consideration by any third party; or (e) infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party.

We are in no way responsible for examining or evaluating User Content, and, to the fullest extent permitted under applicable law, we disclaim any responsibility or liability for the User Content. We do not control the User Content transmitted or posted on the Site by you or others and therefore, we do not guarantee the accuracy, integrity or quality of User Content transmitted or posted on the Site by you or others. You understand that by using the Site, you may be exposed to User Content of others that is offensive, indecent or objectionable to you. Under no circumstances will we be liable in any way for any User Content, including without limitation, for any errors or omissions in any User Content, or for any loss or damage of any kind incurred by you as a result of the use of any User Content transmitted, uploaded, posted, e-mailed or otherwise made available via the Site.

You acknowledge that we have the right (but not the obligation) in our sole discretion to refuse to post or remove any User Content and we reserve the right to modify, change, condense, or delete any User Content. Without limiting the generality of the foregoing or any other provision of these Terms and Conditions, we have the right to remove any User Content that violates these Terms and Conditions or is otherwise objectionable and we reserve the right to refuse service and/or terminate accounts without prior notice for any users who violate these Terms and Conditions or infringe the rights of others.

Deletion of User Content
If you wish to delete certain of your public User Content, such as your ratings and reviews posting(s), on the Site or in connection with our mobile applications, please contact us by email and include the following information in your deletion request: first name, last name, user name/screen name (if applicable), email address associated with our website and/or mobile applications, your reason for deleting the posting, and date(s) of posting(s) you wish to delete (if you have it). We may not be able to process your deletion request if you are unable to provide such information to us. Please allow up to 10 business days to process your deletion request.

12.  Copyright Infringement Notices
We respect the intellectual property of others. If you believe that copyrighted materials have been copied in a way that constitutes copyright infringement, please send an e-mail or written notice to our designated agent for notices of infringement and provide the following: (i) identification of the copyrighted work(s) that you claim has been infringed and confirmation that you are the copyright owner or authorized to act on the copyright owner's behalf; (ii) a description of the material that you claim is infringing and the location of that material on the Site; (iii) your address, telephone number and email address.

You can contact our designated agent for notice for claims of copyright infringement at:
Copyright Agent c/o Legal Department
The Estée Lauder Companies Inc.
767 Fifth Avenue
New York, NY 10153 - United States of America
Phone: 212-277-2322
Fax: 212-277-2355
Email: copyright@estee.com

Note: the above contact information is provided exclusively for notifying Editions de Parfums Frédéric Malle that copyrighted material may have been infringed. All other inquiries will not receive a response through this process and should be directed to our customer service group by email to eshop@fredericmalle.com.

13. Disclaimer of Warranties; Limitation of Liability
The site, its content and services are presented “as is”. Neither we nor our parents, subsidiaries, affiliates, partners, or licensors make any representations or warranties of any kind whatsoever, express or implied, in connection with these terms and conditions or the site or any of the content.

You agree that, to the fullest extent permitted by applicable law, neither we nor our parents, subsidiaries, affiliates, partners, or licensors will be responsible or liable (whether in contract, tort (including negligence) or otherwise) under any circumstances for any (a) interruption of business; (b) access delays or access interruptions to the site; (c) data non-delivery, loss, theft, misdelivery, corruption, destruction or other modification; (d) loss or damages of any sort incurred as a result of dealings with or the presence of off-website links on the site; (e) computer viruses, system failures or malfunctions which may occur in connection with your use of the site, including during hyperlink to or from third party websites; (f) any inaccuracies or omissions in content; or (g) events beyond our reasonable control. We make no representations or warranties that defects or errors will be corrected.

Further, to the fullest extent permitted by law, neither we nor our parents, subsidiaries, affiliates, partners, or licensors will be liable for any indirect or consequential damages of any kind (including lost profits) related to the site or your use thereof and in no event shall our maximum aggregate liability exceed one hundred euros (€100.00) or the equivalent amount in local currency.

You agree that no claims or action arising out of, or related to, the use of the site or these terms and conditions may be brought by you more than one (1) year after the cause of action relating to such claim or action arose.  If you have a dispute with us or are dissatisfied with the site, termination of your use of the site is your sole remedy and we have no other obligation, liability, or responsibility to you.

14. Indemnification
You agree to defend, indemnify and hold us, our parents, subsidiaries, affiliates, partners, licensors, officers, directors, employees, and agents (the “Indemnified Parties”) harmless for any loss, damages or costs, including reasonable attorneys' fees, resulting from any third-party claim, action, or demand arising from (i) your use of the Sites or the Site Content in violation of any law, rule, regulation or these Terms and Conditions, or (ii) any part of your User Content. You also agree to indemnify the Indemnified Parties for any loss, damages, or costs, including reasonable attorneys' fees, resulting from your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on our infrastructure.

15. Disputes
Any disputes arising from the interpretation, validity and/or execution of these Terms and Conditions shall be subject to the mandatory jurisdiction of the competent court of the place of residence or domicile of the customer. These Terms and Conditions are governed by and must be interpreted in accordance with the laws of the country of the competent court.

According to EU Regulation no. 524/2013 on online dispute resolution for consumer disputes, if you are an EU resident, you may, in your discretion, refer disputes through to the EU Commission’s online platform available at:
https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLanguage.

In addition, an EU customer having placed an order is entitled to (but not required to) refer disputes related to the sale of the products to the following Alternative Dispute Resolution entity, free of charge: