U.S. TERMS & CONDITIONS 

www.chicandparis.com and www.chicbab.com (collectively, the “Website”) are published by a sole trader UK, a French “auto-entrepreneur” with an office situated 75007 Paris, France. 

These U.S. Terms and Conditions, which include all additional terms, conditions, and policies incorporated by reference herein (the “T&Cs” or “Terms”), govern all access to and use of the content, functionality, and services of, and apply to all purchases on, the U.S. Website, by you (the “user” or “client” or “customer”). 

Please read these T&Cs carefully, as they contain important information regarding your legal rights and obligations, as well as conditions, limitations, and exclusions that might apply to you. Please also read our Privacy Policy, which is incorporated by reference herein. 

THESE T&CS REQUIRE, TO THE FULLEST EXTENT PERMITTED BY LAW, ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.

THIS WEBSITE IS PROVIDED FOR USE ONLY BY PERSONS LOCATED IN THE UNITED STATES. THIS WEBSITE IS NOT DIRECTED TO AND SHOULD NOT BE ACCESSED OR USED IN ANY WAY BY CHILDREN UNDER 13 YEARS OF AGE.

BY USING THIS WEBSITE, YOU ARE ACKNOWLEDGING THAT YOU HAVE READ, UNDERSTAND, ACCEPT, AND AGREE, WITHOUT LIMITATION OR QUALIFICATION, TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT ACCESS OR USE THE WEBSITE.

 

I - GENERAL PROVISIONS

Acceptance of Binding Terms

These T&Cs, which include all additional terms, conditions, and policies incorporated by reference herein, are a legally binding contract entered into by and between you and the Company. These T&Cs, which can be accessed at any time on the Website, govern all of your access to and use of the Website (including just browsing through the Website), whether or not you register and create an account and whether or not you make any purchases. 

Please read these T&Cs carefully before you start to use the Website. By using the Website, or by clicking to accept or agree to the T&Cs when this option is made available to you, you accept and agree to be bound and to abide by these T&Cs. If you do not agree to these T&Cs, you must not access or use the Website in any way. 

Changes to the Terms 

Chic & Paris reserves the right to update or modify the T&Cs from time to time and at any time in its sole discretion without prior notice. Any changes to the T&Cs will be in effect as of the “Last Updated Date” posted at the top of this page and will apply to all access to, use of, and purchases on the Website on and after that date. You should review these T&Cs prior to using, or purchasing any products on, the Website. Your continued use of the Website, including the placing of any orders on the Website, following the posting of updated T&Cs means that you accept and agree, without reservation, to the changes. You are expected to check this page from time to time so that you are aware of any changes, as they are binding on you.
 

Privacy 

Information that you provide to us and/or that we collect from you on or through this Website, including personal information, is subject to our Privacy Policy, which is incorporated by reference herein. By using the Website, you consent to all actions taken by us with respect to your information, including your personal information, in accordance with our Privacy Policy. 

Account Registration and Access

To place an order and to access certain services on our Website, you may be required to register and create a personal user account, either by providing certain personal information or by using the Facebook Connect feature. You will receive a confirmation email after successful registration. Once registered, you may navigate through and access and use your unique and personal account on both www.sezane.com/us and www.octobre-editions.com/us using the same single login and password on both websites. 

You acknowledge that by choosing to use the Facebook Connect feature to register on the Website, you may permit Chic & Paris to access certain personal and other information from your Facebook account, including your first and last name, your Facebook identifier, your e-mail address, your gender, your date of birth, your profile picture, your list of friends, and all other public information contained in your Facebook account. For more information about the protection, collection, processing and use of personal data by Facebook, as well as the rights and options available to you from Facebook to protect your privacy, please refer to Facebook’s privacy policy. For information about how we treat your personal information once we receive it, please see our Privacy Policy. 

At registration (or any other time), you may choose to subscribe to our marketing emails and mails. If you would like to stop receiving marketing communications from Chic Bab on behalf of any of our brands in the future, just contact customer service at contact@chicandparis.com or bonjour@chicandparis.com. 

It is a condition of your use of the Website that all of the information you provide to us is accurate and complete, and it is your responsibility to keep your information up to date. Chic & Paris shall not be held liable in case of any inability to contact you or to deliver any products ordered as a result of incomplete or inaccurate or outdated account information. 

By creating an account, you agree that you are responsible for maintaining the confidentiality of your account information, including your login and password. You acknowledge that your account is personal to you, and you agree not to provide any other person with access to the Website using your account information. You agree that you are fully responsible for all activities that occur through your account, and you agree to notify us immediately of any unauthorized access to or use of your account information or any other breach of security. You agree to log out of your account at the end of each session and you agree to use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. Chic & Paris has the right to cancel or disable or suspend any user account, or to change any login username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these T&Cs. 

 

II - TERMS OF SALE

Purchases on the Website

By placing an order to purchase any products on our Website, you agree to and accept to be bound and abide by these T&Cs. To place an order, you must be 18 years of age or older and possess a valid payment method acceptable to Chic & Paris’s payment provider. 

You represent and warrant that the products you purchase on the Website are for your own personal or household use and not for resale or export. You further represent and warrant that all purchases you make are intended for final delivery to locations within the United States.      

Order Acceptance and Cancellation or Refusal

You agree that placing an order on the Website is an offer to buy, under these T&Cs, all products listed in your bag (the “Cart”). You may change or remove any products added to your Bag before placing your order. After your order is placed, we will send an email confirmation to you summarizing the order (products, prices, product availability, quantity, etc.) For this purpose, you accept and agree to the use of email for receiving confirmation of the contents of your order. Your order confirmations are also available in the ‘my account’ section of the Website. 

All orders must be accepted by us or we will not be obligated to sell the products to you. All information you provide when placing an order must be truthful and accurate. Providing any untruthful or inaccurate information constitutes a breach of these T&Cs and may result in cancellation of your order. Prior to accepting an order, we reserve the right to request additional information from you to verify your identity and/or validate the payment information to process your order. 

We reserve the right to refuse or to cancel any order you place with us, in our sole discretion, even after we send you a confirmation email with your order number and details of the items you have ordered. If payment has already been made for an order that is cancelled, you will receive a refund. 

We may, in our sole discretion, limit or cancel the quantity of products ordered per person, per household, or per order. These restrictions may include orders placed by or under the same user account, the same payment method, and/or orders that use the same billing and/or shipping address. 

We strive to display accurate information on our Website. However, we may on occasion make inadvertent typographical errors, inaccuracies, or omissions related to product descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information or cancel orders if any information on the Website is inaccurate at any time without prior notice (including after you have placed your order). In the event that products are listed at an incorrect price, we have the right to refuse or cancel orders for products listed at the incorrect price. 

We also reserve the right to refuse or to cancel any order for any other reason in our sole discretion, including, but not limited to, errors or inaccuracies in payment or shipping information, product shipment delays or unavailability, suspected fraudulent activity or information, orders connected with a current or previous credit card or other payment dispute, and orders placed by users in violation of these T&Cs. 

If we change, refuse, or cancel an order, we will notify you by contacting the email address you have provided to us. 

You understand and agree that all orders are subject to product availability, which may change without notice. Chic Bab reserves the right to remove at any time any product displayed on the Websites and/or to replace or modify any content or information related to any product. 

Chic & Paris shall not be held liable to any user or third party for any unavailability or removal of a product from the Website or for the replacement or modification of any content published on the Websites or for the refusal or cancellation of an order for any reason, including after a confirmation email was sent. 

Prices and Payment Terms

All prices listed on the Websites are shown in U.S. Dollars and are subject to change without notice. 

By placing your order, you agree to accept and pay for the products ordered at the prices listed for the products at the time of placing your order. You are also responsible for paying shipping and handling costs and sales tax, which are separate from and in addition to the listed prices. Once you have added products to your Bag, all such taxes and costs will be added to your order total in your Bag at checkout. No additional customs fees or taxes will be added upon delivery. 

Terms of payment are within our sole discretion. All orders must be paid at the time of the order in U.S. dollars by one of the authorized payment methods offered on the Website, which include PayPal, VISA, Amex… 

You expressly acknowledge that disclosure of your bank card number or other payment information to Chic & Paris gives us authorization to charge to your account the total amount for the products ordered. By placing an order, you represent and warrant that (i) the credit card or other payment method information you provide to us is true, correct, and complete, (ii) you are duly authorized to use such credit card or other payment method for the purchase, (iii) charges incurred by you will be honored by your credit card or payment method company, and (iv) you will pay the actual charges incurred by you at the listed prices, including all shipping and handling charges and applicable taxes. 

In the event of any payment error, a notice of the order cancellation resulting from the payment error will be sent to you to the email address associated with your account. 

You may choose to save your payment card details in your account for your next purchase. When you place orders, the data recorded and held by Chic and Paris constitutes proof of the order and all previous transactions. The data recorded by PayPal or any other payments constitutes proof of the financial transactions. 

Please note that all U.S. Website purchases are processed in and shipped from France. Some banks or credit card companies may charge a foreign transaction fee for an online purchase from an online store. Chic Bab does not charge such a fee. Please contact your bank or credit card company before purchasing to confirm and email bonjour@chicandparis.com for any additional questions. 

Shipments and Delivery

Shipments are carried out by Shipbob with Fedex, UPS or DHL, Monday to Saturday, depending on the shipping option you choose at the time of checkout. 

Your order is deemed delivered upon the transfer of the physical possession of the product or products to you (the “Delivery”). The risk of lost or damage of the product or products is transferred to you at the time of the Delivery. 

Shipping costs applicable to the orders are those indicated on the Website at the time of the order in the section “Delivery and Order Tracking”. 

The order will be shipped to the delivery address provided by you, which must be your home address or another residential or business address specified by you. Deliveries cannot be made to hotels or P.O. boxes. 

You are solely responsible for providing accurate and complete information concerning the delivery address (including in particular, a house number number/name, building number/name, staircase, access codes, names and/or numbers for the intercom, etc.). In the event we are unable to deliver your order to the address provided by you, the products will be returned to Shipbob storage and you will receive a refund within five (5) business days of the products’ receipt by Chic and Paris, minus the shipping, credit card and taxes costs if applicable. Such refund will be sent to the original payment method. 

Orders are generally shipped within 2 business days from the first business date after the confirmation of the order. 

Chic and Paris cannot be liable for a late shipment or Delivery caused by a force majeure event (see “Force Majeure” below).      

If we cannot ship your order within the shipping times described above and the delay is not caused by a force majeure event, you may consent to an extended delivery date or you may request the cancellation of the sale and receive a refund within a maximum period of 15 days from such request. Chic and Paris shall not be liable for any direct or indirect damage resulting from delay of delivery. 

Returns and Refunds

Except for any products designated on the Website as final sale or non-returnable, Chic and Paris will accept returns of products purchased on our Website that are unused, unwashed, returned in their original condition and packaging, with labels still attached, provided such returns are made within 30 days of delivery. To start the return process, you must first register your request for a return on our Website under “MY ACCOUNT / MY RETURNS” before following the instructions provided to mail the package back to us. Products purchased on our Website cannot be exchanged in store. Refunds (minus any shipping costs) will be issued to the original method of payment. If you wish to return a defective product beyond the 30 day period, please contact us at bonjour@chicandparis.com or contact@chicandparis.com. Please see our Returns & Refunds policies, which are incorporated herein by reference, for more details.

 

III - GENERAL TERMS OF USE

Prohibited Uses

You may use the Website only for lawful purposes and in accordance with these T&Cs. These T&Cs permit you to use the Website for your personal, non-commercial use only. You must not access or use for any commercial purposes any part of the Website or materials available through the Website. If you access or use any part of the Website in breach of these T&Cs, your right to use the Website will stop immediately. 

You agree not to use the Website in any way that violates any applicable federal, state, local, or international law or regulation, or to engage in any other conduct that, as determined by the Company in its sole discretion, may harm, infringe upon the rights of, or expose to liability, the Company or any third party or users of the Website. 

Additionally, you agree not to:
● request or otherwise attempt to harvest, obtain or store, personal information, passwords, and other account information, or any other type of information relating to other users;

● access or use another person’s account;

● disguise the origin of user communication;

● alter, modify, frame, or “mirror” the Website;

● create a deep-link to our Website by by-passing the Website's home page;

● use any data mining, robots, or similar data-gathering and extraction tools in connection with the Website,
or any other automatic device, process, or means to access the Website for any purpose, including
monitoring or copying any of the material on the Website;

● use any manual process to monitor or copy any of the material on the Website or for any other unauthorized
purpose without our prior written consent.

● modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the
Website;

● inhibit, disrupt, or otherwise prevent any other party from using or accessing the Website or interrupt any
user's experience on the Website, including, but not limited to, acting in any manner that disrupts or
interferes with any user’s ability to engage in real-time activities on the Website;

● interfere with or disrupt, disable, overburden, damage, or impair the Website, or the servers or network connections to the Website, or disobey any requirements, procedures, policies, or regulations of networks
connected to the Website;

● introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or
technologically harmful, or attack the Website via a denial-of-service attack or a distributed
denial-of-service attack;

● or attempt to gain unauthorized access to the Website (or any portion thereof).
 

Chic & Paris reserves the right to take any action it deems necessary to cure or prevent any violation, including without limitation, the immediate removal from the Website of any alteration or modifications therein. 

Intellectual Property Rights

The Website and its entire contents, features, and functionality, including but not limited to all information, software, text, graphics, logos, button icons, displays, images, video, and audio, and the design, selection, compilation and arrangement thereof (collectively, the “Content”) is owned by the Company, our affiliates, partners, or licensors, or other providers of such material, and is protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. 

The Company name, logo, the terms chicandparis and chicbab, and all related names, logos, product and service names, designs, and slogans (collectively, the “Trademarks”) are trademarks of the Company or its affiliates or licensors, and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. 

Unless specifically and expressly authorized by these T&Cs, or required under applicable law, neither the Content or Trademarks may be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in whole or in part, for any purpose without our prior written consent. Requests for permissions should be directed to us at the following address legal@chicandparis.com.

No right, title, or interest in or to the Website or any Content or Trademarks on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these T&Cs is a breach of these T&Cs and may violate copyright, trademark, and other laws. 

Availability of and Changes to the Website

We reserve the right to modify, suspend, or discontinue this Website, and any products, services, content, features, or materials provided or offered through the Website, in our sole discretion and without notice. We will not be liable for any reason if all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including users who are registered and have accounts. You agree that we shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Website or any products, services, content, features, or materials provided or offered through the Website. 

Special Features, Functionality, and Promotional Events

This Website may offer certain special features and functionality or promotional events (such as contests, sweepstakes, or other offerings) which may be subject to terms of use, rules, and/or policies in addition to these T&Cs and may 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 these offerings will be subject to such additional terms of use, rules, and/or policies. 

Linking to Our Website

You agree not to link to our Website or any part of our Website in any way that suggests any form of association, approval, or endorsement on our part without our express written consent, or that damages or takes advantage of our reputation, or that is illegal, unfair, or misleading. 

You must not (a) cause the Website or portions of it to be displayed on, or appear to be displayed by, any other website, for example, by framing, deep linking, or in-line linking, or (b) otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these T&Cs. You agree to cooperate with us to cause unauthorized framing or linking to immediately stop. We reserve the right to withdraw linking permission without notice or to disable all or any links at any time without notice in our discretion.    

Third-Party Content

This Website may include content provided by third parties. All statements and/or opinions expressed in these materials, and all other content other than the Content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials and content. Those materials and content do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties. 

Links to Third-Party Websites

The Website may contain links to other websites, including without limitation social media websites, maintained by third parties (“Linked Websites”). These links are provided for your convenience only. We have no control over the contents of those websites or their services, and the inclusion of Linked Websites does not imply endorsement by us of the Linked Websites. We accept no responsibility for Linked Websites or for any loss or damage that may arise from your access to them. If you decide to access any Linked Websites, you do so entirely at your own risk and subject to the terms and conditions and policies of such Linked Websites. 

Intended Audience and Geographic Restrictions

This Website is not intended for and should not be used or accessed by anyone under the age of 13. You must be 18 years old to register and create an account and/or to make a purchase on our Website. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws. 

Disclaimer of Warranties for Use of Website

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Website for any reconstruction of any lost data. 

TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT. 

YOU ACKNOWLEDGE, BY YOUR USE OF OUR WEBSITE, THAT YOUR USE OF OUR WEBSITE IS AT YOUR SOLE RISK. THIS WEBSITE IS PROVIDED BY BENDA BILI ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. BENDA BILI MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, AVAILABILITY, OR OPERATION OF OUR WEBSITE. WITHOUT LIMITING THE FOREGOING, BENDA BILI DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE WILL BE ACCURATE, RELIABLE, UNINTERRUPTED, OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS, OR THAT THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. 

TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. 

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. 

Limitation of Liability – Use of Website

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE COMPANY, ITS SUBSIDIARIES AND AFFILIATES, OR ITS OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE TO ANY PERSON OR ENTITY FOR ANY DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, INCLUDING ANY DIRECT OR INDIRECT LOSS OR DAMAGE (WHETHER ACTUAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, ENHANCED, SPECIAL, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF DATA, LOSS OF PROFITS, LOSS OF REVENUE OR BUSINESS, LOSS OF USE, LOSS OF GOODWILL, DIMINUTION IN VALUE, OR OTHERWISE), INJURY, CLAIM, OR LIABILITY BASED UPON OR RESULTING, DIRECTLY OR INDIRECTLY, FROM, OR IN ANY RELATED TO, YOUR USE OR INABILITY TO USE, OR THE PERFORMANCE OF OR CONTENT ACCESSED THROUGH, THE WEBSITE OR ANY LINKED WEBSITES, EVEN IF FORESEEABLE. BENDA BILI IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH THE WEBSITE OR ANY OF ITS CONTENT, OR WITH ANY OF THESE T&CS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. 

Limitation of Liability – Products

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE COLLECTIVE LIABILITY OF THE COMPANY AND ITS SUBSIDIARIES AND AFFILIATES, AND THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE AMOUNT YOU HAVE PAID TO THE COMPANY FOR THE APPLICABLE PRODUCT OUT OF WHICH LIABILITY AROSE. THIS LIMITATION OF LIABILITY DOES NOT APPLY TO LIABILITY RESULTING FROM OUR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. 

Indemnification 

To the fullest extent permitted by law, you agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to (i) your breach of these T&Cs, including, without limitation, any claims alleging facts that, if true, would constitute a breach by you of these T&Cs, and/or (ii) your use of the Website. 

Governing Law and Jurisdiction

These General T&Cs are governed by the laws of France. 

In the event of any dispute between you and Chic & Paris, we strongly encourage you to contact customer service promptly so that we can attempt to resolve the disagreement amicably. In case of a dispute between us that is not resolved by customer service, Bab Banedicte hereby notifies you that there are alternative dispute settlement options such as mediation. You may also contact the platform for amicable solutions as per European Commission available at http://ec.europa.eu/consumers/odr/. 

If still no amicable solution to the dispute is found, you and Chic & Paris agree to refer the dispute to binding arbitration. (See Binding Arbitration and Class Action Waiver.) 

The terms of this Governing Law and Jurisdiction provision shall not deprive consumers of their right to seek remedies under the substantive consumer protection laws applicable to them in their states of residence. 

Binding Arbitration and Class Action Waiver

YOU AND Chic & Paris ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.

ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO THESE TERMS, YOUR USE OF THE WEBSITE, THE WEBSITE’S CONTENT OR SERVICES, INCLUDING ADVERTISEMENTS, DISCLOSURES, AND EMAILS, OR ANY PURCHASE, RETURN, OR OTHER TRANSACTION THROUGH THE WEBSITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.

The arbitration will be administered by the American Arbitration Association under its Rules of Arbitration (the “AAA Rules”) then in effect, except as modified by this section. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section. 

Except as otherwise provided herein, the arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable, or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction. 

You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR Chic & Paris WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction. 

If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced. 

IV - ADDITIONAL TERMS

These T&Cs govern all transactions between you and Chic & Paris through our Website and supersede all prior agreements and representations. Headings are for reference purposes only and in no way define or limit the scope of the section. No waiver by Benda Bili of any term or condition set out in these T&Cs shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition. Any failure of Chic & Paris to assert a right or provision under these T&Cs shall not constitute a waiver of such right or provision, and the failure of Chic & Paris to act with respect to a breach of the T&Cs by you or others does not constitute a waiver and shall not limit Chic & Paris’s rights with respect to such breach or any subsequent breaches. 

Force Majeure

Chic & Paris shall not be liable or responsible to you, nor be deemed to have defaulted or breached these T&Cs, for any failure or delay in our performance under these T&Cs when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, cyberattacks, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, pandemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown, or power outage. 

Notices 

We may provide any notice to you under these T&Cs by: (i) sending a message to the email address you have provided for your account or (ii) by posting to the Website. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current. 

To give us notice under these T&Cs, you must contact us by email at hello@sezane.com or bonjour@octobre-editions.com. We may update the email address for notices to us by posting a notice on the Website. Notices provided by email will be effective upon delivery. 

Your Comments and Concerns

All feedback, comments, requests for technical support, and other communications relating to the Website should be directed to contact@chicandparis.com or bonjour@chicandparis.com.