The company Maison Zilli (‘ZILLI’) is the publisher of the website www.zilli.com (‘Website’). 

‘User’ means any person who uses or has used the Website, including visitors to the Website. 

This document sets out the terms and conditions under which Zilli authorises Users to have access to the Website’s content and to services accessible via the Website [‘Terms of Use’].

The Terms of Use apply to all Users, supplementing Zilli’s General Conditions of Sale. 

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Before using the Website, please read these Terms of Use carefully.

By using the Website, or the services accessible via the Website, you agree to be bound by the Terms of Use. If you do not give your consent to any of the provisions of the Terms of Use, you access the Website at your own risk.

BY USING THE WEBSITE, YOU ARE DEEMED TO HAVE UNDERSTOOD THE TERMS OF USE AND TO HAVE ACCEPTED THEM.

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ARTICLE 1 – UNDERTAKINGS OF USERS

1.1 The Terms of Use are binding on all Users. 

The User has a personal and private right to access and use the Website, its content and services accessible via the website, in a way that is both lawful and consistent with the Website’s intended purposes. This personal use must not be linked to a commercial or professional activity in any way.

The User is solely liable for the use that he or she makes of the Website, its content and the services accessible via the Website.

In the context of using the Website, the User is prohibited from engaging in any acts that would violate French law or would be against public policy or infringe the rights of third parties. 

The User will be solely liable in the event that any information that he or she provides to Zilli: 

- is incomplete, inaccurate or untrue; or 

- if the information belongs to a third party, has not been provided with the consent of that third party. 

1.2 If Zilli is of the opinion that the way in which the User uses the Website breaches or may breach any provisions of the Terms of Use, it reserves the right to remove or suspend the User's access to the Website and, where appropriate, delete or suspend the User’s account.

ARTICLE 2 – PRIVACY POLICY AND PROTECTION OF PERSONAL DATA

Before using the Website, Users must read Zilli’s Privacy Policy carefully. Data of a personal nature collected during the use of the Website is processed in accordance with this Policy.

By using the Website, Users are deemed to have fully accepted all of the provisions of Zilli’s Privacy Policy. 

ARTICLE 3 – INTELLECTUAL PROPERTY RIGHTS

3.1 The Website is wholly and exclusively owned by Zilli. All content published on the Website, including intellectual works, images, music, sounds, photographs, videos, dialogues, writings, text, animations, drawings, figures, arrangements, colours, formatting and graphics, menus, web pages, programs, methods and processes, logos and graphic designs, databases, software, of whatever nature, belong to Zilli and are protected under French intellectual property law [‘Code de la propriété intellectuelle’], in particular on authors’ rights [‘droit d'auteur’], industrial designs and trademarks.

3.2 The User is prohibited from reproducing, publishing, distributing, displaying, modifying, creating derivative works or exploiting, in any way, all or part of the content of the Website, without the express and prior written consent of Zilli. 

Zilli has the exclusive right to authorise or prohibit the direct or indirect, temporary or permanent reproduction of all or part of the Website’s content, regardless of the means or form, and to oppose any use or distortion of, or changes to, that content. 

No provision of these Terms of Use implies that Zilli has transferred any of its rights of ownership over the Website or any of its rights to use of the Website.  

3.3. Users expressly agree not to put online, upload, integrate, publish, post, send, transmit or make available content that would infringe any authors’ rights, patents, trademarks, trade secrets or other intellectual (or industrial) property rights. In particular, Users undertake not to download data put online or made available by Zilli on the Website, either directly or indirectly, save those expressly stated by Zilli to be downloadable.

Users undertake to respect any of Zilli’s and third parties’ intellectual property rights.

ARTICLE 4 – ACCESS TO THE WEBSITE

To offer an efficient and ergonomic use of the Website, Zilli may need to install updates, correct any bugs or maintain the Website. Such updates, corrections and maintenance may make the Website less accessible or even unavailable to Users for a specified period of time.

To the extent permitted by law, Zilli does not warrant that the Website, its content and services accessible via the Website:

are not interrupted or slow;

do not malfunction; and

correspond to User’s needs.

ARTICLE 5 – HYPERLINKS TO OTHER WEBSITES

The Website may contain hyperlinks to websites of third parties, over which Zilli has no control. Access to these hyperlinks is provided to Users for information purposes only.

Zilli cannot be held liable in any way for the content of third party websites or other websites to which they are linked. 

The presence of hyperlinks to these websites does not mean that Zilli approves of the content of these websites in any way. 

Users are solely responsible for any transmission of information about themselves and of transactions carried out on third party websites.

ARTICLE 6 – HYPERTEXT LINKS TO THE WEBSITE

The creation of hyperlinks to the Website may only be made with the prior written consent of Zilli, which may be revoked at any time.

Any User wishing to provide a link to the Website’s home page or to other publicly accessible pages, must request Zilli's authorisation via the form available on the Website under the ‘Contact Us’ tab.

ARTICLE 7 – WARNING ABOUT THE CONTENT

Zilli has taken steps to ensure that the Website's content, which it may change at any time and without notice, is accurate and that the Website does not contain any incorrect and outdated information.

However, under the terms and within limits of the law, Zilli is not responsible for the accuracy or completeness of the Website’s content, save in the event of a deliberate mistake or gross negligence.

ARTICLE 8 – CHANGING AND UPDATING THE TERMS OF USE

The Terms of Use may be changed and updated. If this occurs, the revised Terms of Use will be put on the Website, with the date of the last update mentioned, and will enter into force once online. It is the responsibility of any User to check the Website regularly to stay informed of any changes or updates to the Terms of Use.  

By using the Website, the User is deemed to have accepted, without reservation, all provisions of these Terms of Use (including any changes that Zilli makes to them).  

ARTICLE 9 – INVALIDITY

If one or more of the provisions of these Terms of Use is held to be invalid or declared null and void under any law, regulation (in particular, of the European Union), or pursuant to a final order of a court with jurisdiction, the said provisions shall be deleted, without affecting the validity or the applicability of the other provisions.

 

ARTICLE 10 – APPLICABLE LAW – JURISDICTION 

These Terms of Use are governed by French law.

In the event of any difficulty arising during an online sale (for example, an order or delivery), an amicable solution must first be sought. Any dispute relating to the Website and in particular, any dispute arising at the time of the online order or delivery will fall within the sole jurisdiction of the French courts.

In order to try to resolve cross-border disputes amicably, the User may apply to the European Consumer Centre or go to the portal http://ec.europa.eu/odr.