Use of the Website accessible at www.moth-rabbit.com (the “Website”) is subject to these general terms and conditions of use (the “General Term and Conditions of Use”). In using the Website, you are deemed to have read, understood and unreservedly accepted these general terms and conditions of use. If you have any questions please contact us at clientservice@moth-rabbit.com.
Folie Imposee SAS may modify and update these general terms and conditions of use at any time. The Gneral Terms and Conditions of Use in force as of the moment at which the Website is used are those which are enforceable with regard to you.
Please keep yourself updated with regard to the Terms and Conditions in force on a regular basis. You may consult the version of the General Terms and Conditions of use in force at any time by clicking the “Terms and Conditions” link.
OWNERSHIP OF RIGHTS
All rights, including copyright, and moral rights, in this Site are owned by or licensed to Folie Imposee SAS. Any use of this Site or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use is prohibited without our permission. You may not modify, delete, distribute or post anything on this Site for any purpose.
Accuracy of content
We have made every effort to display as accurately as possible the colour of the products that appear on the Website. However, as the actual colours you see will depend on your personal computer equipment, we cannot guarantee that your monitor's display of any colour will accurately reflect the colour of the merchandise on delivery. To the extent permitted by applicable law, Folie Imposee SAS disclaims all warranties, express or implied, as to the accuracy of the information contained in any of the materials on this Website. We are not responsible for the content of any off-website pages or any other websites linked to or from this Website. Links appearing on this Site are for your convenience only and are not an endorsement by us of the content, products, services or suppliers connected therewith. We shall not be liable to any person for any loss or damage which may arise from the use of any of the information contained in any of the materials on this Site, in any off-website or in any linked websites.
Damage to your computer
Folie Imposee SAS makes every effort to ensure that this Website is free from viruses or defects. However, we cannot guarantee that your use of this Website or any websites accessible through it won't cause damage to your computer. It is your responsibility to ensure that the right equipment is available to use the Site and screen out anything that may damage it. Folie Imposee SAS will not be liable to any person for any loss or damage which may arise to computer equipment as a result of using this Website.
LIMITATION OF LIABILITY
Subject to the specific provisions applicable to online sales and to consumer law, Folie Imposee SAS will under no circumstances have any liability with regard to you or to any third party for any direct or indirect damage of any kind whatsoever, whatever the cause, origin, nature or consequence thereof, arising from the consultation or use of the Website. In particular, Folie Imposee SAS provides no guarantee as to the uninterrupted functioning of the Website and refuses all liability in the event of access to the Website being interrupted or unavailable, in relation to bugs or viruse, to any damages caused by fraudulent acts perpetrated by third parties (such as hacking) causing the modification of the information provided via the Website or preventing access thereto. The user therefore declares that he/she accepts the characteristics and limits of the internet. This present limitation of liability applies to the full extent authorized by law.
PROHIBiTED USE
You may use our Website only for lawful purposes. You may not use our Website:
- In any way that breaches any applicable local, national or international law or regulation.
- In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
- To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards set out below.
- To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
- To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
You also agree:
- Not to reproduce, duplicate, copy or re-sell any part of our Website in contravention of the provisions of these terms of use.
- Not to access without authority, interfere with, damage or disrupt:
- any part of our Website;
- any equipment or network on which our Website is stored;
- any software used in the provision of our Website; or
- any equipment or network or software owned or used by any third party.
You agree to defend, indemnify and hold us harmless for any loss, damages or costs, including reasonable solicitors' fees, resulting from any third-party claim, action, or demand resulting from your unlawful use of the Website. You also agree to indemnify us 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.
SUBMISSION OF INFORMATION
We welcome your enquiries or feedback on the merchandise you use or might like to purchase. However, it is our policy to decline any unsolicited suggestions or ideas. Any enquiries, feedback, suggestions, ideas or other information you provideto us ('information') will be treated as non-confidential and non-proprietary. Subject to our privacy policy, by providing us with any such unsolicited information you hereby grant Folie Imposee SAS a non-exclusive and royalty-free right to use, reproduce, modify, adapt, publish, sell, assign, translate, transfer, sub-license, create derivative works from, distribute and display the information in any form, media or technology and whether alone or as part of other works. You also agree that your information may not be returned and we may use your information and any ideas, concepts or know-how contained therein, for any purpose. Furthermore, if you send us any such information you represent and warrant that you own or otherwise are entitled to any and all rights to the information and that your information does not contain or constitute software viruses, commercial solicitation, chain letters, mass mailings or 'spam' in any form. You may not impersonate any person or entity or use any false email address or otherwise mislead Folie Imposee SAS as to the origin of the information submitted and you agree to indemnify Folie Imposee SAS and hold Folie Imposee SAS harmless from and against any claims arising from your claims and/or any third party´s claims to any rights in any such information.
Intellectual property
The Website is protected by copyright, trade mark law, more generally, by legislation relating to intellectual property, with effect worldwide, both in relation to its presentation (options, plan, layout, etc.) and to each component part comprising its content (trade marks, text, images, videos, illustrations, logos, etc.). Folie Imposee SAS and its affiliates and/or the holders of the Website’s intellectual property rights are the holders of all intellectual property rights relating to the Website and to its component parts.
On this basis and in accordance with applicable intellectual property law, use of the Website and its component parts is authorized for private use only.
Therefore, the reproduction, representation or modification, either total or partial, of any pages, data or component parts relating to the presentation and/or content of the Website, via any support whatsoever and using any procedure whatsoever, is prohibited other than with express prior consent from Folie Imposee SAS or the holders of the Website’s intellectual property rights.
The trade marks belonging to Folie Imposee SAS and/or its affiliates featured on the Website are trade mars registered internationally for various purposes by Folie Imposee SAS and /or its affiliates.
The total or partial reproduction or representation of these trade marks performed from the Website other than with express prior consent from Folie Imposee SAS is prohibited, in accordance with the provisions of applicable intellectual property law.
Similaryl, any use made of all or part of the Website’s content for illegal purposes renders the user liable under civil and criminal law, and such user may be the subject of legal proceedings.
Folie Imposee SAS has the right to modify the content of the Website at any time and without notice.
USER GENERATED MATERIAL
By submitting ideas, designs, customizations, creative concepts, or any other information ("User Generated Material") to this Website (or to our accounts on any Third Party Sites), you understand that this may sometimes qualify as giving rise to ownership of intellectual property rights. You accept and agree that you assign all ownership of any potential intellectual property rights and other rights in the User Generated Material to Folie Imposee SAS. To the extent such transfer is not valid, and subject to Article 121-1 of the French Intellectual Property Code, you grant Folie Imposee SAS, by submitting the User Generated Material to this Site, a worldwide, non-exclusive, fully paid, perpetual, royalty free license to use, including but not limited to a right to copy, modify, publicly display, distribute and to sublicense (all or parts of), the User Generated Material for any purposes as it deems fit, including but not limited to, developing, manufacturing and marketing products and services and creating, modifying or improving this Website or other products or services both online and offline.
All User Generated Material shall be deemed to be non-confidential. Subject to Article 121-1 of the French Intellectual Property Code, Folie Imposee SAS shall be entitled to use or disclose the User Generated Material in any manner whatsoever, without liability or notice to you. You acknowledge and agree that you shall have no claim against Folie Imposee or any other party should any User Generated Material created, posted or sent by you be used in the above sense by Folie Imposee SAS or any part of its group.
You warrant that:
- any User Generated Material is generated by yourself;
- any User Generated Material is not, and does not contain, material which is offensive, abusive, pornographic, defamatory, blasphemous or unlawful, and does not infringe, or potentially infringe, the rights of a third party or any applicable law including, in particular, any intellectual property rights;
- any User Generated Material is original and is not copied in whole or in part from any third party;
- any User Generated Material does not contain or constitute software viruses, commercial solicitation, chain letters, mass mailings or 'spam' in any form; and
- you will not impersonate any person or entity or use any false email address or otherwise mislead us as to the origin of any User Generated Material submitted, and you agree to indemnify us and hold us harmless from and against any claims arising from your claims and/or any third party claims to any rights in any User Generated Material.
You agree that Folie Imposee SAS:
- does not, and has no obligation to, review the User Generated Material;
- is not in any manner responsible for User Generated Material;
- does not guarantee the accuracy, integrity or quality of User Generated Material; and
- cannot assure that harmful, inaccurate, deceptive, offensive, threatening, defamatory, unlawful or otherwise objectionable User Generated Material will not appear on this Website.
Notwithstanding the foregoing, Folie Imposee SAS reserves the right to moderate all User Generated Material, and to decline the submission of, or remove any User Generated Material in its absolute discretion, for example because it infringes the intellectual property rights of a third party, because the content is inappropriate, obscene, or abusive, or for any other reason. Folie Imposee SAS is under no obligation to inform you of the reasons for such intervention.
NON-WAIVER
No failure to exercise and no delay on the part of Folie Imposee SAS in exercising any right, remedy, power or privilege of Folie Imposee SAS under these terms & conditions and no course of dealing between us shall be construed or operate as a waiver, nor shall any single or partial exercise of any right, remedy, power or privilege preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege on the part of Folie Imposee SAS.
Other legal notices/policies
Additional policies, including but not limited to the following (which can be accessed by clicking on the link below), also form part of these Website Terms of Use and should be read carefully:
- Privacy Policy (relating in particular to the collection and processing of your personal data in the framework of the use by yourself of our Website);
- Cookie Policy;
- Terms & Conditions for Online Sales;
- Returns Policy
Questions
If you have any questions regarding these terms of use please contact us by email.
Changes to legal notices
We reserve the right to change these terms & conditions from time to time and we encourage you to review them as often as possible. Any changes are effective immediately upon posting to the Website
Law, jurisdiction and language
This Website, any content contained herein and any contracts entered into as a result of usage of this Site are governed by French law. The parties to any such contract agree to submit to the exclusive jurisdiction of the courts of Paris, France.