BOTANICAL FORCE FOR BEAUTY
Pure plant essence and advanced kinesio massage treatments deliver your most beautiful self
Effective Date: January 7, 2019
- Information We Collect
- Information You Provide
- How We Use the Information
- Legal Basis for Our Use of the Information
- Information We Collect by Automated Means
- Technologies We Use
- Internal Cookies Essential for the Site to Work
- Third Party Web Analytics Cookies
- Third Party Targeted Advertising Cookies
- Third Party Cookies Intended to Improve the Interactivity of the Site
- How can you manage your cookies?
- Targeted Advertising
- Information We Share
- Your Rights And Choices
- Data Transfers
- Data Retention
- How We Protect Personal Data
- Links To Other Websites
- How To Contact Us
Information We Collect
Information You Provide
You may provide personal data to us in a number of ways, such as when you participate in an offer or promotion, or when you make a purchase on our site or in our stores, via our social media pages or through one of our mobile applications. The types of personal data you provide to us may include:
- Contact information (such as name, postal address, email address, and mobile or other phone number)
- Age or date of birth
- Username and password, nickname/screen name
- Payment information (such as your payment card number, expiration date, and card security code)
- Shipping and billing information (such as delivery address, and billing address)
- Purchase history
- Product preferences
- Your skin type/skin condition
- Your hair type
- Your physical characteristics and your skincare concerns
- Contact information for friends, family or other people you would like us to send a message to on your behalf (please ensure that you only submit contact information of individuals with whom you have a personal or family relationship and who have consented to receive messages from you or us)
- Information or content you provide (such as photographs, videos, reviews, articles, questions, survey responses and comments)
- Information provided to us through social media networks or one of our mobile applications when you visit our social media pages or use one of our mobile applications (such as your name, profile picture, likes, location, friend list and other information described on the social media network or application sign-up page, or your geo-location details when using one of our mobile applications)
How We Use The Information
We will use the information you provide to:
- Send you promotional materials or other communications if you so elect,
- Provide the products or services you (or your company) have requested and operate features on our site
- Process your payment card transactions and/or gift card transactions
- Create and manage your online account, including access to your online and in-store purchase history
- Create a profile about you based on the information you provided to us in order to tailor our advertisements to your interests, find your appropriate skin care routine and manage the effectiveness of our marketing efforts
- Assist with product selection and replenishment
- Chat with you or respond to your inquiries
- Post your product reviews
- Tailor ads displayed to you on our site and elsewhere to your interests and history with us
- Communicate with you about, and administer your participation in, special events, contests, sweepstakes, loyalty programs, surveys and other offers
- Operate and communicate with you about our social network pages or mobile applications
- Operate, evaluate and improve our business (including developing new products and services; enhancing and improving our services; managing our communications; analyzing our products; performing data analytics; and performing accounting, auditing and other internal functions)
- Comply with applicable legal requirements, relevant industry standards and our policies
We also may use the information in other ways for which we provide specific notice at the time of collection. The information collected is necessary for the purposes set forth above. Without this information, you may not be able to take advantage of some of our products or services.
Legal Basis for Our Use of the Information
We will use the information you provide for the above purposes if:
- It is necessary to perform a contract to which you are party (e.g., to process your payment and deliver the products you have ordered); or we have obtained your consent; or if we have a legitimate interest to do so (including a legitimate interest in performing marketing activities, research activities, data analytics, and internal administration functions, processing and enforcing legal claims, and conducting our business in compliance with all applicable laws, relevant industry standards and our policies).
Information We Collect by Automated Means
When you visit this site, view or click on our online advertisements (including our advertisements on third party websites), visit our social media pages or download and use one of our mobile applications (if applicable), we also collect certain information about your usage or device by automated means or by using technologies such as cookies, web server logs and web beacons. For example, if you use one of our mobile applications, we may collect your IP address, your unique device identifier (or other device identifier) and/or geo-location data in order to offer you certain features or functionalities within that mobile application. As set forth in more detail below, we may also collect information about your usage and browsing habits using various web-based technologies.
For your convenience, our mobile applications (if applicable) may also include functionality that allows you to remain logged in to the application so that you do not have to reenter a password each time you want to access the application. IF YOU CHOOSE TO REMAIN LOGGED IN, YOU SHOULD BE AWARE THAT ANYONE WITH ACCESS TO YOUR MOBILE DEVICE WILL BE ABLE TO ACCESS AND MAKE CHANGES TO YOUR MOBILE ACCOUNT AND MAY BE ABLE TO MAKE PURCHASES THROUGH YOUR ACCOUNT. For that reason, if you choose to remain logged in to the application on your mobile device, we strongly recommend you enable the Passcode Lock security feature on your mobile device to protect against unauthorized access to and use of your mobile device and your account in the application.
Technologies We Use
Cookies are small text files that websites send to your computer or other Internet-connected device to uniquely identify your browser or to store information or settings in your browser.
The following types of cookies are set on this site.
Internal Cookies Essential for the Site to Work
We use first-party cookies to help the site work in the best possible manner. You can opt out of receiving these cookies and disable them by adjusting your browser settings. Please note, however, that without these cookies, your user experience may be impacted.
In conjunction with obtaining information through cookies, our web servers may log details such as your operating system type, browser type, domain, and other system settings, as well as the language your system uses and the country and time zone in which your device is located. The web server logs also may record information such as the address of the web page that linked you to our site and the IP address of the device you use to connect to the Internet.
To control which web servers collect this information, we may place tags on our web pages called “web beacons.” These are computer instructions that link web pages to particular web servers and their cookies.
Third Party Web Analytics Cookies
You may deactivate the ability of these analytics services to analyze your browsing activities on this site. Adjusting your cookie preferences may disable certain functionality on this site, as described below. To learn more about web analytics service, and to exercise your choice with respect to their collection of information on this site:
- For Coremetrics, please click here https://www-01.ibm.com/software/marketing-solutions/privacy/visitor-opt-out.html
- For Adobe Site Catalyst, please click here
- To disable Google Analytics, please download the browser add-on for the deactivation of Google Analytics provided by Google at http://tools.google.com/dlpage/gaoptout?hl=en. To learn more about privacy and Google Analytics please consult the Google Analytics overview provided by Google at: http://www.google.com/intl/en/analytics/privacyoverview.html.
- We may implement certain Google Analytics Advertising Features (including Remarketing with Google Analytics; Google Display Network Impression Reporting or Google Analytics Demographics and Interest Reporting). You can opt-out of the Google Analytics Advertising Features through Google Ad settings or by visiting https://tools.google.com/dlpage/gaoptout/. We will use the data provided by these features as described under “How We Use the Information We Collect”.
Third Party Targeted Advertising Cookies
Third Party Cookies Intended to Improve the Interactivity of the Site
This site may also support certain third party services, including social sharing buttons facebook, twitter, pinterest and instagram, tweet lists (twitter) and videos posted on the site (Youtube). These features use third party cookies that are directly set on your device by these services. When you first visit our site, a cookie banner will inform you of the use of these cookies. They will only be used if you accept them or if you continue using this site.
How can you manage your cookies?
You have the right to choose whether or not to accept cookies used for certain purposes on the Site. You can opt out of receiving these cookies and disable them as indicated below. Please note, however, that without these cookies, your user experience may be impacted.
Most browsers accept cookies by default. You may also be able to change the settings to have your browser refuse certain cookies or notify you before accepting cookies. The procedures for changing your settings and cookies differ from browser to browser. If necessary, use the help function on your browser or click on one of the links below to go directly to the user manual for your browser.
To find out more about cookies, visit www.allaboutcookies.org.
We may also use third-party platforms, including platforms operated by social networks, such as Google, Facebook and Pinterest, to show you interest-based ads. We may convert your email address, telephone number or other information into a unique value which can be matched by those third parties with a user on their platform or with other data they may have collected from you. This matching allows interest-based ads to be delivered on those platforms. These platforms may have their own privacy notices or policies, which we strongly suggest you review.
Information We Share
We do not rent lists, sell or otherwise disclose personal data we collect about you, except as described here. We may share your personal data with:
- Service providers who perform services on our behalf based on our instructions. We do not authorize these service providers to use or disclose the information except as necessary to perform services on our behalf or comply with legal requirements. Examples of these service providers include entities that process credit card payments, fulfill orders, and provide web hosting and marketing services.
- Other third parties with your consent.
In addition, we and our affiliates and other service providers may disclose information about you (i) if we are required to do so by law or legal process, (ii) to law enforcement authorities or other government officials, or (iii) when we believe disclosure is necessary or appropriate to prevent physical harm or financial loss, or in connection with an investigation of suspected or actual fraudulent or illegal activity.
Text Messages are distributed via third party mobile network providers and, therefore, we cannot control certain factors relating to message delivery or guarantee availability or performance of this service, including liability for transmission delays or message failures. To receive help with Text Messages, you can call 00800-10033100 (for Italy: 800-123752) or email firstname.lastname@example.org.
Your Rights and Choices
You have certain rights and choices in connection with the personal data we collect from you. To update your preferences, ask us to remove your information from our mailing lists or submit a request, please contact us as specified below.
You can at any time tell us not to send you marketing communications by email by clicking on the unsubscribe link within the marketing emails you receive from us or by contacting us as indicated below. You also may opt out of receiving marketing emails from us by emailing us at email@example.com.
Postal Mail Opt-Out
You can ask us to stop sending you marketing communications by postal mail by following the instructions that may be included in a particular promotion. You also can request that we refrain from sending you promotional postal mail by contacting us as indicated below.
You may also withdraw any consent you previously provided to us at any time with effect for the future by contacting us as indicated below. This will not affect the lawfulness of our use of your information based on your consent before its withdrawal.
Reviewing, Updating or Deleting Personal Data or Restricting or Objecting to their Use
Subject to applicable law, you have the right to request access to and rectification or erasure of the personal data we maintain about you, or to request the restriction of our use of this information, as appropriate. You also have the right to object at any time to the use of your personal data for direct marketing purposes, including profiling related to direct marketing. For all other purposes, you may object at any time to the use of your personal data, on grounds relating to your particular situation, in accordance with applicable law. These rights may be limited in some circumstances under applicable law. We may take reasonable steps to verify your identity before granting access or making corrections. You may exercise these rights by contacting us as indicated below.
Subject to applicable law, you have the right to receive, in a structured, commonly used and machine-readable format, the personal data that you have provided to us about you, with your consent or based on a contract to which you are party. You also have the right to have this information transmitted to another data controller, where it is technically feasible. You may exercise this right by contacting us as indicated below. You also may lodge a complaint with a data protection authority.
When you use one of our mobile applications (if applicable), we may ask you for your geo-location. You may choose not to share your geo-location details by adjusting your mobile device’s location services settings. To decline from sharing your geo-location details, follow the instructions on your mobile device on changing the relevant settings; otherwise, please contact your service provider or device manufacturer.
We keep the information you provide for the duration of our relationships, plus a reasonable period in order to be able to run regular deletion routines or to take into account the applicable statute of limitation period or if required under mandatory applicable law. If you wish to receive marketing communications, we will keep the information necessary to send you these communications following the end of our customer relationship or following their collection, if you are a prospective customer. For additional information about data retention policies, please contact us as indicated below.
How We Protect Personal Data
We maintain appropriate technical and organizational safeguards to ensure an appropriate level of security of your personal data, in particular to protect your personal data against accidental unlawful or unauthorized destruction, loss, alteration, access, disclosure or use. However, no security system is perfect and we cannot promise that information about you will remain secure in all circumstances, including the security of your data during transmission to us or the security of data on your mobile device.
Links To Other Websites
Our website may provide links to other websites for your convenience and information. These websites may operate independently from us. Linked sites may have their own privacy notices or policies, which we strongly suggest you review if you visit any linked websites. To the extent any linked websites you visit are not owned or controlled by us, we are not responsible for the sites’ content, any use of the sites, or the privacy practices of the sites.
How To Contact Us
These are our local country affiliates:
Your billing address country:
Our local affiliate acting as a data controller
Estée Lauder Cosmetics NV
Estée Lauder Companies
Estée Lauder Companies GMBH
Estée Lauder S.r.L.
Estée Lauder BV
Estée Lauder S. A.
Welcome to www.darphin.eu
Effective Date: January 7, 2019
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.
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 Darphin 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
11. User Content
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.
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.
Our designated agent for notice for claims of copyright infringement is .
Dominique Lechien, Esq.
Baker & McKenzie
Avenue Loiuse, 149
Tel: 011-32 2-639-3754
Hogan Lovells (Paris) LLP
17, avenue Matignon
75378 Paris Cedex 08
Tel: +33 1 53 67 47 47
Direct: +33 1 53 67 48 31
Fax: +33 1 53 67 47 48
Pier Luigi Roncaglia, Esq.
Piazza della Libertà, 13
Tel: +39 055 263 381
Pier Luigi’s E-mail
Hogan Lovells International LLP
Tel: +49 (0) 40 419 93-0
Direct: +49 (0) 40 419 93-144
Fax: +49 (0) 40 419 93-200
Anthonia Zimmermann: firstname.lastname@example.org
Maren Arndt: email@example.com
Baker & McKenzie
Dominique Lechien, Esq.
Avenue Loiuse, 149
Tel: 011-32 2-639-3754
Hogan Lovells (Alicante) S. L. & Cia
Avenida Maisonnave 22
Tel: 011 34 96 5138300
Hughes, Karla Karla.Hughes@hoganlovells.com
Note: the above contact information is provided exclusively for notifying Darphin 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 CustomerService@darphin.eu.
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.
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.
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:
Avenue Edmond Van Nieuwenhuyse, 8
Email address: firstname.lastname@example.org
Phone: +32 2 788 05 20
62, Rue Tiquetonne
Website : http://www.anm-mediation.com/
Phone number: 0142338103
Allgemeine Verbraucherschlichtungsstelle des Zentrums für Schlichtung e. V.
Straßburger Str. 8
Phone number: +49 7851 79579 40
RisolviOnline.com – Milan Chamber of Arbitration
Via Meravigli 7
Phone number: +39 02 85154522
Phone number: 070 310 5310
Junta Arbitral Nacional de Consumo
Príncipe de Vergara, 54
Tel.: +34 91 431 1836 (288), +34 91 431 8225
Fax: +34 91 578 0369
16. Consent to Receive Notices Electronically by Posting on the Site and Via Email
You consent to receive any agreements, notices, disclosures and other communications (collectively, “Notices”) to which these Terms and Conditions refer from us electronically including without limitation by e-mail or by posting notices on this Site. You agree that all Notices that we provide to you electronically satisfy any legal requirement that such communications be in writing. To withdraw your consent to receive Notices electronically, you must notify us of your withdrawal of such consent by emailing us at CustomerService@darphin.eu and discontinue your use of this Site. In such event, all rights granted to you pursuant to these Terms and Conditions, including but not limited to Section 6 hereof, shall automatically terminate. Unfortunately, we cannot provide the benefits of this Site to any user that cannot consent to receipt of Notices electronically.
You acknowledge and agree that these Terms and Conditions constitute the complete and exclusive agreement between us concerning your use of the Site, and supersede and govern all prior proposals, agreements, or other communications.
We reserve the right, to the extent permitted by applicable law, to change these Terms and Conditions at any time by posting the changes on the Site and providing notice of such change. Any changes are effective immediately upon posting to the Site. The Effective Date of the current version of the Terms and Conditions is at the top of this page. Your continued use of the Site thereafter constitutes your agreement to all such changed Terms and Conditions. We may, with or without prior notice, terminate any of the rights granted by these Terms and Conditions. You shall comply immediately with any termination or other notice, including, as applicable, by ceasing all use of the Site. We also reserve the right, subject to applicable law, at any time and from time to time to modify or discontinue, temporarily or permanently, the Site (or any part thereof) with or without notice.
Nothing contained in these Terms and Conditions shall be construed as creating any agency, partnership, or other form of joint enterprise between us. Our failure to require your performance of any provision hereof shall not affect our full right to require such performance at any time thereafter, nor shall our waiver of a breach of any provision hereof be taken or held to be a waiver of the provision itself. In the event that any provision of these Terms and Conditions shall be unenforceable or invalid under any applicable law or be so held by any applicable arbitral award or court decision, such unenforceability or invalidity shall not render these Terms and Conditions unenforceable or invalid as a whole but these Terms and Conditions shall be modified, to the extent possible, by the adjudicating entity to most fully reflect the original intent of the parties as reflected in the original provision. The headings in the Terms and Conditions are for convenience only and shall not be used in its interpretation.
If you have any questions regarding these Terms and Conditions, please email us at CustomerService@darphin.eu.
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