Welcome to www.sophiemallebranche.com (the “Website”), the website operated under license by Material Design Group SAS France (“Material Design Group” “We,” or “Us”). The Website is provided as a service to our customers and your use of this Website is governed by these terms and conditions (“Terms and Conditions”). By using this Website, you acknowledge and agree to these Terms and Conditions. We may change these Terms and Conditions at any time, without notice to you. Such changes are effective when they are posted to this Website and your continued use of the Website after any such changes are posted will be considered acceptance of such changes.
1. Website content, accuracy and completeness. The Content presented on this Website is intended for educational or general informational purposes only. We are not responsible if information made available on this Site is not accurate, complete or current. We reserve the right to modify the content of this Site at any time, but we have no obligation to update any information on the Site. You agree that it is your responsibility to monitor changes to the Site. Some items may appear slightly larger or smaller than actual size due to screen defaults and photography techniques. Other items may be represented at a larger than actual size in order to clearly show details, or smaller than actual size in order to show the entire item.
2. Features and functionalities provided by third parties. Certain of the content, features and functionality on the Site may be owned and operated by third parties (collectively, “Third Party Providers”). Your use of and interaction with such content, features and functionality (collectively, “Third Party Content”) may be subject to separate terms and conditions. In that event, you acknowledge that these Terms of Use will not apply to your use of the Third Party Content and that you will be subject to and comply with the terms of use offered by such Third Party Providers. You acknowledge that We are not responsible or otherwise liable for third party content or the acts or omissions of Third Party Providers and that any claims or other causes of action available to you in connection with either of the foregoing will be brought against the applicable third party provider(s) and not us.
3. Colors. We try to accurately display the colors of the products you see on the Website. However, We cannot guarantee that the colors you see on your monitor will be accurate. All our content is created on a MAC Retina Display screen calibrated on the Adobe RGB (1998) display Profile, at 226dpi/144ppp.
4. License of website content. Material Design Group and/or its licensors own all rights, title and interest in and to the Website, texts, graphics, photographs, audio, video, logos, artwork, data, computer code and other materials contained or displayed on the Website (“Content”), as well as the look and feel and the organization of the Content on the Website, including but not limited to any copyrights, Trademarks (as defined below), patent rights and other intellectual property and proprietary rights therein. Your use of the Website does not grant you ownership of any Content on the Website.
Subject to these Terms and Conditions, Material Design Group grants you a limited, revocable, non-sublicensable and non-transferable license to use the Website and the materials contained thereon only for your personal, non-commercial use.
5. Use of website content. All the content on this website (including, without limitation, texts, designs, graphics, logos, icons, images, audio clips, downloads, interfaces, code and software, as well as the display arrangement thereof), is the exclusive property of and owned by Material Design Group, its licensors or its content providers and is protected by copyright, trademark and other applicable laws. For no reason, you may not modify or delete any copyright, trademark or other proprietary notice that appears on the material you access. Any other use of content on the Site, including but not limited to the modification, distribution, transmission, performance, broadcast, publication, uploading, licensing, reverse engineering, transfer or sale of, or the creation of derivative works from, any material, information, software, products or services obtained from the Site, or use of the Site for purposes competitive to SOPHIE® MALLEBRANCHE®, is expressly prohibited. You agree to abide by all additional restrictions displayed on the Site as it may be updated from time to time. SOPHIE MALLEBRANCHE® reserves the right to refuse or cancel any person’s registration for this Site, remove any person from this Site or prohibit any person from using this Site for any reason whatsoever. SOPHIE MALLEBRANCHE®, or its licensors or content providers, retain full and complete title to the material provided on the Site, including all associated intellectual property rights, and provide this material to you under a license that is revocable at any time in SOPHIE MALLEBRANCHE®’s sole discretion. SOPHIE MALLEBRANCHE® neither warrants nor represents that your use of materials on this Site will not infringe rights of third parties not affiliated with SOPHIE MALLEBRANCHE®.
6. Trademarks and Copyrights. Trademarks, logos and service marks displayed on this Site, are registered and unregistered trademarks of SOPHIE MALLEBRANCHE, its licensors or content providers, or other third parties. All of these trademarks, logos and service marks are the property of their respective owners. Nothing on this Site shall be interpreted as granting, by implication or otherwise, any license or right to use any trademark, logo or service mark displayed on the Site without the owner’s prior written permission. SOPHIE MALLEBRANCHE ® reserves all rights not expressly granted in and to the Site and its content. This Site and all of its content, including but not limited to text, design, graphics, interfaces and code, and the selection and arrangement thereof, is protected as a compilation under the copyright laws of France and other countries.
7. Counterfeit Warning. Sophie Mallebranche ® products are exclusively available exclusively through SOPHIE MALLEBRANCHE, MATERIAL DESIGN GROUP SAS, and authorized agents and local representatives] for SOPHIE MALLEBRANCHE®. Clients should be wary of purported SOPHIE MALLEBRANCHE ® products or designs sold or found through unauthorized channels. Beware of counterfeits.
8. Prohibited Customer Activity. Unless expressly permitted in these Terms and Conditions or with Material Design Group’s written consent, you may not copy, reproduce, distribute, publish, enter into a database, display, perform, modify, create derivative works from, transfer, sell or in any way exploit the Contents of this Website. We will enforce our intellectual property rights to the fullest extent of the law. You shall not: (i) engage in spidering, “screen scraping,” “database scraping,” harvesting of e-mail addresses, wireless addresses or other contact or personal information, or any other automatic means of accessing, logging-in or registering on the Website or for any services or features offered on or through the Website, or obtaining lists of users or obtaining or accessing other information or features on, from or through the Website or the services offered on or through the Website, including, without limitation, any information residing on any server or database connected to the Website or any services offered on or through the Website; (ii) obtain or attempt to obtain unauthorized access to computer systems, materials, information or any services made available on or through the Website through any means; (iii) use the Website or the services made available on or through the Website in any manner with the intent to interrupt, damage, disable, overburden, impair the Website or such services, or interfere with any other party’s use and enjoyment of the Website including, without limitation, sending mass unsolicited messages or “flooding” servers with requests; (iv) use the Website or the Website’s services or features in violation of ours or any third party’s intellectual property or other proprietary or legal rights; or (v) use the Website or the Website’s services in violation of any applicable law. You further agree that you may not attempt (or encourage or support any one else’s attempt) to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with the Website and the Content, or make unauthorized use thereof. You may not obtain or attempt to obtain any materials or information through any means not intentionally made publicly available or provided for through the Website.
9. User Information. If you register with this Website or make a purchase via the Website, you will be asked to provide personal information to Us (“User Information”). Our information collection and use policies with respect to such User Information are set forth in the Website’s Privacy Policy which is incorporated herein by reference for all purposes. Some features on this Site may require registration. By registering at and in consideration of your use of the Site you agree to provide true, accurate, current and complete information about yourself.
Some features on this Site may require use of a password. You are responsible for protecting your password. You agree that you will be responsible for any and all statements made, and acts or omissions that occur, through the use of your password. If you have any reason to believe or become aware of any loss, theft or unauthorized use of your password, notify Us immediately. We may assume that any communications we receive under your password have been made by you unless we receive notice otherwise.
10. Links to and from the Website. You are not permitted to use any linking method whereby the Content is hosted by Us but displayed on another web site (this practice is sometimes referred to as “in-line” linking). You may not link from any other web site to this Website in any manner such that the Website, or any page of the Website, is “framed,” surrounded or obfuscated by any third party content, materials or branding. We reserve all of our rights under the law to insist that any link to the Website be discontinued, and to revoke your right to link to the Website from any other website.
You may be able to link from the Website to third-party websites and third-party websites may link to the Website (“Linked Sites”). You acknowledge and agree that We have no responsibility for the information, content, products, services, advertising, code or other materials which may or may not be provided by or through Linked Sites, even if they are owned or run by our affiliates. Links to Linked Sites do not constitute an endorsement or sponsorship by Us of such websites or the information, content, products, services, advertising, code or other materials presented on or through such websites. We are not responsible for any content that originates from any Linked Site and that is embedded or otherwise transmitted through the Website.
11. Indemnification. You agree to defend, indemnify and hold Us, its affiliates, and its and their directors, officers, employees and agents harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys’ fees, arising in any way from your use of the Website, your placement or transmission of any message, content, information, software or other materials through the Website, or your breach or violation of the law or of these Terms and Conditions. We reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim.
12. Disclaimer of warranties. The website, including, without limitation, all services, content, functions and materials, is provided “as is,” “as available”, without warranty of any kind, either express or implied, including, without limitation, any warranty for information, data, data processing services, uptime or uninterrupted access, any warranties concerning the availability, accuracy, usefulness, or content of information, and any warranties of title, non-infringement, merchantability or fitness for a particular purpose, and we hereby disclaim any and all such warranties, express and implied. We do not warrant that the website or the services, content, functions or materials contained therein will be timely, secure, uninterrupted or error free, or that defects will be corrected. We make no warranty that the website will meet user’s requirements. No advice, results or information, whether oral or written, obtained by you from us or through the website shall create any warranty not expressly made herein. We also assume no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the website or your downloading of any materials, data, text, images, video, or audio from the website. If you are dissatisfied with the website, your sole remedy is to discontinue using the website. Without limitation of the above in this section, we disclaim all express or implied warranties or representations regarding any products or services ordered or provided via the website, and hereby disclaims, and you hereby waive, any and all warranties and representations made in product or services literature, frequently asked questions documents and otherwise on the website or in correspondence with us or its agents. Any products and services ordered or provided via the website are provided by Us “as is.” The foregoing disclaimers do not apply to the extent, if at all, of any product warranty offered by the manufacturer of a product or as otherwise specifically set forth in a license or sale agreement separately entered into in writing between you and us or its licensor or supplier.
13. Limitation of liability. In no event, including but not limited to negligence, shall We, any of its affiliated companies, or any of their directors, officers, employees, shareholders, agents or content or service providers (collectively, the “protected entities”) be liable for any direct, indirect, special, incidental, consequential, exemplary or punitive damages arising from, or directly or indirectly related to, the use of, or the inability to use, the website or the content, materials and functions related thereto, the products or services available on the website, your provision of information via the website, lost business or lost sales, even if such protected entity has been advised of the possibility of such damages. In no event shall the protected entities be liable for or in connection with any content posted, transmitted, exchanged or received by or on behalf of any user or other person on or through the website. In no event shall the total aggregate liability of the protected entities to you for all damages, losses, and causes of action (whether in contract or tort, including, but not limited to, negligence or otherwise) arising from these terms and conditions or your use of the website or any product ordered via the website exceed, in the aggregate, the amount, if any, paid by you to us for your use of the website or purchase of products via the website.
14. Applicable Laws. These terms and the interpretation of these terms are governed by the laws of France. You agree that any cause of action that may arise under these Terms will be brought in the appropriate court and to the exclusive jurisdiction located in Paris, France.
15. Termination. We may change, suspend or discontinue this Website at any time. We may restrict, suspend or terminate your access to the Website and/or its services if We believe you are in breach of our terms and conditions or applicable law, or for any other reason without notice or liability. We will revoke the Website use privileges of users who are repeat infringers of intellectual property rights.
16. Miscellaneous. Our failure to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of the Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms and Conditions remain in full force and effect.
17. Orders of Samples. Our website allows registered users to order samples of our products. These samples are free of charge for the Customer. The Customer must nonetheless pay for all applicable delivery fees to the destination. Electronic payment services are provided by Stripe (a Third Party Provider), a company not linked to Us. The sample orders are subject to all the provisions included in the present Terms and conditions.
Customers can submit a demand for available samples, conditioned to: (i) a total maximum of 5 (five) samples of different products per order. We reserve the right to cancel any sample order that deviate from a usage destined to simply discover the sampled products or implies a violation of the customer activity in the present Terms of Use.
18. Shipping terms. Standard or Express shipping costs are based on our negotiated rates with our preferred carriers. Delivery lead-time is on an indicative basis.
Should you wish to file a claim with us, please contact us no later than within 24 hours at +33 1 46 34 80 00 or email us at client@sophiemallebranche.com.
19. Returns and exchanges: We would like you to be satisfied with your order and will gladly accept returns or exchanges for damaged or defective samples received that you have ordered through our website. If you require further assistance, please call our Client Relations line at +33 1 46 34 80 00 or email us at client@sophiemallebranche.com.
20. Delivery Time Orders will be processed in one or two business days. Orders received on Saturday, Sunday, and national holidays will be processed on the following business day and then delivery time will be applied. If you have questions, please call us at +33 1 46 34 80 00 or email us at client@sophiemallebranche.com.
Last Updated: January 2018
