Terms and Conditions of Use

About Chloé, YNAP Corporation and these Terms of Use
These Terms of Use govern your use of Chloé websites and mobile applications (together the "Platforms"). In these Terms of Use, the term Chloé refers to the head office of Chloé SAS at the registered address above and its affiliates. Chloé SAS has its registered offices at 5/7 avenue Percier 75008 Paris – FRANCE.

The Platform is managed and maintained by YNAP Corporation, a Delaware corporation having an address at 100 Fifth Avenue – 12th floor, New York, NY 10011, United States of America ("we", "us" and "our").

Please read these Terms of Use carefully before using the Platform. By using the Platform, you signify your assent and agreement to these Terms of Use. If you do not agree to these Terms of Use, then you are not authorised to continue use of the Platform. Please review our General Terms and Conditions of Sale, Return Policy and Privacy Policy (collectively, the "Site Policies"). All Site Policies are incorporated in these Terms of Use by this reference and, therefore, apply to your access to, use of and purchase of products from the US Platform. If you do not agree to our Site Policies, please do not use the US Platform.

Updates to these Terms of Use
We may amend or simply update at any time all or part of these Terms of Use. Therefore, you should regularly access this section on the web site in order to check the publication of the most recent and updated Terms of Use of the Platforms.

About the hosting services
Hosting Services for the website is provided by YNAP Corporation S.p.A. in Italy.

Mobile applications may be hosted by YNAP Corporation or by other companies and you should refer to the relevant conditions of such other company.

Other legal information
For any other legal information, go to the sections: General Terms and Conditions of Sale, Return Policy and Privacy Policy of the web site (collectively, the “Policies"). All Policies are incorporated in these Terms of Use by this reference and, therefore, apply to your access to, use of and purchase of products from the US web site. If you do not agree to our Policies, please do not use the US web site.

It is recommended that you read the Privacy Policy which also applies in the event that users access to Platform and use the relevant services without making purchases. The Privacy Policy will help you understand how and for what purposes YNAP Corporation and Chloé collect and use your personal data.

Use of materials on the Platforms
We have created the various Platforms to provide information about Chloé's company and products for your personal use. Whilst considerable effort has been made to ensure that the visual representations of Chloé products displayed on the platforms are representative of the colour, design and style etc. of the original products, slight variations, distortions and/or differences may be apparent when compared to the original product. This may, for example, be due to technical issues such as your browser or computer settings. Accordingly, neither Chloé nor YNAP Corporation can be held liable for any apparent differences in the product images represented on the Platforms and the original products. It is strongly advised that you visit one of Chloé's boutiques or authorised retailers prior to making a purchase online or by phone.

You may download one computer copy or print one copy of the material made available to you via the Platforms, or download the application on to your mobile device, for your own non-commercial, educational, private or domestic use only, provided that proprietary notices, in particular intellectual property notices such as copyright©, trademark™, are preserved intact and are not modified, deleted or changed. Unless otherwise stated, you should assume that everything that you see or read on the Platforms (such as images, photographs, including any person represented in the photographs, illustrations, icons, texts, video clips, music, written and other materials) ("Chloé Material") are protected by legislation such as copyright, designs and trademark legislation and under international treaty provisions and national laws worldwide.

You are not authorised to sell, reproduce, distribute, communicate, modify, display, publicly perform, report or otherwise prepare derivative or second hand works based on or use any Chloé Material in any way for any public or commercial purposes. Furthermore, Chloé Material may not be displayed or communicated on any other platform, in a networked computer environment or on any other digital platform for any purpose whatsoever. In the event of breach of any of these Terms of Use, your permission to use Chloé Material will automatically terminate and any copies made of Chloé Material must be immediately destroyed. Any unauthorised use of Chloé Material may infringe copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

Your submissions and unsolicited communications
This section concerns communications sent to Chloé. It does not concern the communication of personal information to Chloé or YNAP Corporation in relation to customer enquiries, the use of services or the purchase of products by phone or through the Platform. The latter is governed by the rules stipulated in the Privacy Policy.

Any unsolicited communication or material that you transmit to Chloé and/or YNAP Corporation via the Platforms or through social media, by electronic mail or otherwise, including, but not limited to, any data, questions or answers, comments, suggestions, or the like will be treated as non-confidential and non-proprietary by Chloé and/or YNAP Corporation. By sending communications to Chloé and/or YNAP Corporation, you automatically grant Chloé and/or YNAP Corporation (as applicable) a worldwide, royalty-free, perpetual, irrevocable, non-exclusive licence to use, reproduce, modify, publish, edit, translate, distribute, perform, and display such communication(s) alone, or as a part of other works in any form, media, or technology whether now known of hereafter developed and to sublicense such rights to anyone. Anything that you transmit may be used by Chloé and/or YNAP Corporation and their affiliated companies for any purpose, including but not limited to reproduction, disclosure, transmission, publication, broadcast and posting, or developing, manufacturing and marketing products using such information.

Furthermore, Chloé enjoys a worldwide reputation for both the design and manufacture of high quality luxury menswear, leather goods and accessories. To this end, it possesses its own sources of creativity, in particular highly skilled teams of designers who conceive and perfect Chloé's creations. As a result, Chloé cannot agree to or accept to be the receiver of unsolicited proposals of collaboration. Indeed, it is conceivable that Chloé may already be working on similar ideas and/or creations. Consequently, you are advised that Chloé is not interested in receiving ideas or other proposals relating to creations you may wish to submit.

Limitation of liability
This section applies to the Platforms and not to the products that may be sold online.

Chloé and YNAP Corporation try to ensure that the information provided is accurate and complete. However, neither Chloé nor YNAP Corporation warrant or represent that Chloé's Material is accurate, error-free or reliable or that use of Chloé Material will not infringe rights of third parties.

Neither Chloé nor YNAP Corporation warrant that the functional and/or technical aspects of the Platforms or the Chloé Material will be error free or that the Platforms, Chloé Material or the servers that make them available are free of viruses or other harmful components. If use of the Platforms or Chloé Material results in the need for servicing or replacing property, material, equipment, data or other element, neither Chloé nor YNAP Corporation are not responsible for those costs. Without limiting the foregoing, everything on the Platforms is provided to you "AS IS" AND "AS AVAILABLE" AND, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, REASONABLE CARE AND SKILL, OR NON-INFRINGEMENT. YNAP Corporation, Chloé and their respective suppliers make no warranties about the Chloé Material, software, text, downloads, graphics, and links, or about results to be obtained from using the Platforms.

To the fullest extent permitted by applicable law, neither Chloé nor YNAP Corporation shall not be liable for any indirect, incidental, special or consequential damages of any kind arising out of or in connection with the use of information available from the Platforms or any liability relating to any loss of use, interruption of business, lost profits or lost data, regardless of the form of action, whether in contract, tort (including negligence) or otherwise, even if Chloé and/or YNAP Corporation have been advised of the possibility of such damages.

Please note that in some jurisdictions consumer protection laws may not allow certain exclusions or limitation of warranties or liabilities, and consequently some of the above exclusions and limitations may not apply.

Trademark notice
In general, all trademarks, logos and service marks (collectively the "Trademarks") that appear on the Platforms are registered, unregistered or otherwise protected Chloé trademarks or are licensed for use by Chloé by third parties. Other trademarks are proprietary marks and are registered to their respective owners. Nothing contained on the Platforms should be construed as granting, by implication or otherwise, any licence or right to use any trademark without Chloé's prior written permission or that of such third party who owns the trademark. Misuse of any trademark displayed on the Platforms, or any other content on the Platforms, except as provided herein, is strictly prohibited.

Copyright notice
All content (including Chloé Materials) on the Platforms are either Copyright © Chloé or are licensed for use by Chloé. All rights are reserved. Please refer to the section above on Use of Materials on the Platforms.

Links & linking
The Platforms may contain links to other platforms operated by third parties not affiliated to Chloé or YNAP Corporation. The inclusion of any link to such third party sites does not imply endorsement by Chloé or YNAP Corporation of those sites. YNAP Corporation has not reviewed all of the content contained in the linked sites and is not responsible for the content or accuracy of any off-site pages or any other sites linked to any of the Platforms. The Terms of Use and Privacy Policy do not apply to the web sites of third parties. If you choose to click through any link to off-site pages or third party sites then this is at your own risk.

Termination and suspension
You agree that YNAP Corporation may terminate or suspend your access to and use of the Platforms if YNAP Corporation and/or Chloé reasonably believe that you have violated or acted inconsistently with the letter or spirit of these Terms of Use, or violated the rights of YNAP Corporation and/or Chloé, their affiliated companies or any third party, with or without notice to you. You agree that YNAP Corporation may modify or discontinue providing any of the Platforms, with or without notice to you. You agree that neither YNAP Corporation nor Chloé will be liable to you or any third party as a result of such modification or discontinuation. The provisions entitled "Limitation of liability" and "General provisions" will survive termination of these Terms of Use.

General provisions
Unless otherwise specified, the information and materials presented on the Platforms are presented solely for the purpose of promoting Chloé's products and services and in certain cases to present products for sale via a variety of means. Neither YNAP Corporation and/or Chloé make any representation that Chloé Material is appropriate or available for use in every country of the world. You are responsible for compliance with applicable local laws, keeping in mind that access to Chloé Material may not be legal by certain persons or in certain countries. Chloé's products are available in many parts of the world. However, the Platforms may identify products that are not available worldwide.

If any provision, or part of a provision, of these Terms of Use is found to be illegal, invalid or unenforceable, that provision or part-provision shall be deemed not to form part of these Terms of Use, and the legality, validity or enforceability of the remainder of the provisions of these Terms of Use shall not be affected, unless otherwise required by operation of applicable law.

These Terms of Use constitute the entire agreement between you, Chloé and YNAP Corporation in relation to the use of the Platform, and replace and extinguish all prior agreements, draft agreements, arrangements, undertakings, or collateral contracts of any nature made by the parties, whether oral or written, in relation to such subject matter.

The waiver by YNAP Corporation of a breach of any provision of these Terms of Use will not operate to be interpreted as a waiver of any other or subsequent breach.

Applicable law and jurisdiction
These Terms of Use shall be governed by and construed in accordance with the laws of the State of New York, without reference to conflict of laws provisions. Any dispute, controversy or claim arising out of or in relation to the Terms of Use, including the validity, invalidity, breach or termination thereof, shall be adjudicated or arbitrated in accordance with said Terms of Use. All legal proceedings arising out of or in connection with these Terms of Use shall be brought solely in the City of New York, State of New York.

Contact Chloé
If you have any questions or comments about these Terms of Use, or matters generally, please contact Chloé at the address provided below. You can also use this address if you wish to request a copy of the personal data Chloé holds about you.

Chloé SAS, 5/7 avenue Percier 75008 Paris – FRANCE.

Contact YNAP Corporation
Request for further information can be made through YNAP Corporation's Client Relations. If you need any assistance, go to the Client Relations area , where you will find information on orders, shipping, refunds and returning products purchased on the website, a registration form, tips and other general information on the services provided by the website.
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