LEGAL DISCLAIMER
Thank you for visiting www.balenciaga.com . Please read the following terms and the related privacy policy carefully before using this website. This website is owned and operated by Balenciaga (“Balenciaga”, “us” or “we”). These terms of use ("Terms" or “Agreement”) set forth the legal terms and conditions governing your use of our website located at www.balenciaga.com [and any other online and mobile websites and interactive applications operated by us] (collectively, the “Site”) (unless a different policy is provided on a particular site, application or service, in which case such different policy shall govern and control). If you do not agree with all of these Terms, please refrain from using this Site. Your use of this Site confirms your unconditional agreement to be bound by these Terms and is subject to your continued compliance with these Terms.
If you do not agree to be bound by these Terms, you shall not access or otherwise use the Site. Before using the Site, please review the related Balenciaga Privacy Policy, located at (the "Privacy Policy"), which is incorporated herein by this reference.
Balenciaga reserves the right, from time to time, in its sole discretion, to change, modify, update, discontinue, remove, revise, delete or otherwise change any portion of the Site or these Terms, in whole or in part, at any time without further notice. For changes to these Terms that we deem material, we will place a notice on www.balenciaga.com by revising the link on the homepage to read substantially as “Updated Terms of Use” for up to three (3) weeks or some other amount of time that we determine in our discretion. If you access or use the Site in any way after the Terms have been changed, you will be deemed to have read, understood and unconditionally consented to and agreed to such changes. The most current version of these Terms will be available on www.balenciaga.com and will supersede all previous versions of these Terms.
1. REGISTRATION
Certain parts or features of the Site may require registration or may otherwise ask you to provide information to participate in certain features or to access certain content. The decision to provide this information is purely voluntary and optional; however, if you elect not to provide such information, you may not be able to access certain content or participate in certain parts or features of the Site. You agree that you will not provide any false personal information to the Site, or create an account for anyone other than yourself without permission. You will also not create more than one personal profile, and if you select a username for your account, we reserve the right to remove or reclaim it if we believe appropriate (such as if a trademark owner complains about a username). If you register with the Site, you are responsible for maintaining the confidentiality of your password, if any, and for restricting access to your computer so that others may not access the password protected portion of the Site. You accept responsibility for all activities that occur under your account, email or password, if any, and agree you will not sell, transfer or assign your membership or any membership rights. Balenciaga may, in its sole discretion, and at any time, with or without notice, terminate your password and membership, for any reason or no reason at all. If we disable your account, you agree that you will not create another one without our permission.
2. COPYRIGHT, TRADEMARK, AND OTHER INTELLECTUAL PROPERTY PROTECTION
This Site as a whole, and all “Material” (as defined herein) on this Site, or future Material on this Site is owned or licensed by Balenciaga and are protected from any unauthorized use, copying and dissemination by copyright, trademark, and other intellectual property and non-intellectual property laws and by international treaties. For purposes of this Agreement, “Material” shall include, but is not limited to items such as photos, images, illustrations, texts, video clips, designs, audio clips, drawings, logos, information, applications, music, articles, directories, guides as well as the trademarks, service marks, trade names, trade dress, copyrights, logos, domain names, code, patents, graphics and/or other materials or intellectual property appearing on this Site, as well as the software used for designing, implementing, operating and maintaining the Site. All rights are reserved worldwide. The BALENCIAGA name and brand, as well as all the other brand names associated with Balenciaga mentioned on this Site, whether registered or not, are trademarks or international service marks of Balenciaga.
3. LIMITED LICENSE
The Material contained on this Site is presented for information and promotion purposes only. This Site is intended solely for private, personal and non-commercial use. You may download or reproduce information appearing on this Site solely for personal and non-commercial purposes, subject to your full compliance with these Terms. You shall not interfere or attempt to interfere with the operation or use of Site by other persons or entities in any way through any means or device including, but not limited to, spamming, hacking, uploading computer viruses or time bombs, or any other means expressly prohibited by any provision of these Terms. The downloading or reproduction of any document or software gives you no right, title or interest with respect to such documents or software. Any other use of the Material contained on this Site, including its reproduction for purposes other than your personal non-commercial use, modification, dissemination or reproduction, without Balenciaga's prior written consent, is strictly forbidden. Except as expressly permitted in writing by Balenciaga, you shall not capture, reproduce, perform, transfer, sell, license, modify, create derivative works from or based upon, republish, reverse engineer, upload, edit, post, transmit, publicly display, frame, link, distribute or exploit, in whole or in part, any of the Material. Nothing contained in this Agreement or on the Site should be construed as granting, by implication, estoppels or otherwise, any license or right to use any Material in any manner without the prior written consent of Balenciaga or such third party that may own the Material or intellectual property displayed on the Site. Unauthorized use, copying, reproduction, modification, publication, republication, uploading, framing, downloading, posting, transmitting, distributing, duplicating or any other misuse of any of the material is strictly prohibited. Any use of the Material other than as permitted by this Agreement will violate this Agreement and may infringe upon our rights or the rights of the third party that owns the affected Material. You agree to report any violation of this Agreement by others that you become aware of. You are advised that Balenciaga will aggressively enforce its rights to the fullest extent of the law. Balenciaga may add, change, discontinue, remove or suspend any of the Material at any time, without notice and without liability.
3. SUBMISSIONS
Balenciaga is pleased to hear from its customers and welcomes your comments regarding Balenciaga products, including Balenciaga’s online services. Unfortunately, however, Balenciaga’s long-standing company policy does not allow it to accept or consider creative ideas, suggestions, or materials other than those it has specifically requested (see below). While we value your feedback on our services and products, we request that you be specific in your comments on those services and products, and that you not submit any creative ideas, suggestions or materials, including but not limited to designs or original artwork, that you expect to be compensated for or that you would like to keep private.
You agree that any and all comments, messages, postings, data, suggestions, creative ideas, designs, concepts, product suggestions and other items or materials disclosed, submitted or offered to Balenciaga through or in connection with this Site ("Submissions"), including, but not limited to, survey responses, shall be treated as non-confidential and not proprietary and shall become, and remain, Balenciaga’s property. Such disclosure, submission or offer of any Submission shall constitute an assignment to Balenciaga of all rights, title and interests in all copyrights and other rights in the Submission. Balenciaga is, and shall be, under no obligation (i) to maintain any Submission in confidence; (ii) to pay to anyone any compensation for or in connection with the use of any Submission; or (iii) to respond to any Submission. By making any Submission through, in connection with or related to this Site, you agree that Balenciaga has the right (but not the obligation) to copy, publish, distribute or use such Submission, or any part or parts thereof, in any and all media, now known or hereafter devised, for any purpose, including, but not limited to, advertising, promotional, product development or other commercial purposes, in perpetuity, without compensation to you or to any other person and you hereby irrevocably waive, release and give up any claim that any use of such Submission violates any of your rights, including, without limitation, copyrights, trademarks, moral rights, privacy rights, proprietary or other property rights, publicity rights, or right to credit for the material or ideas contained therein. Balenciaga does not, cannot and does not agree to consider or review every Submission, and is not liable or responsible for the content of any material posted on this Site by users. You agree not to upload, post, distribute or otherwise publish on this Site any material that (i) is libelous, defamatory, obscene, abusive, pornographic, threatening or an invasion of privacy; (ii) infringes the intellectual property rights, including, but not limited to, any copyright, patent, trade secret or trademarks, of any person or entity; (iii) is illegal in any way or advocates illegal activity; or (iv) advertises or solicits funds, goods or services. You represent that such Submission is original with you and does not violate or infringe upon the rights of any third parties, including, without limitation, any intellectual property rights and rights of publicity and/or privacy. Submissions to the Site and/or Balenciaga will not be acknowledged or returned. You agree and understand that Balenciaga is not obligated to use any Submission you make to the Site or Balenciaga and you have no right to compel such use. You hereby acknowledge and agree that your relationship with Balenciaga is not a confidential, fiduciary, or other special relationship, and that your decision to submit any material to Balenciaga does not place Balenciaga in a position that is any different from the position held by members of the general public with regard to your Submission. You understand and acknowledge that Balenciaga has wide access to ideas, stories, designs, and other materials, and that new ideas are constantly being submitted to it or being developed by Balenciaga’s own employees. Many ideas or designs may be competitive with, similar or identical to your Submission in structure, purpose, function, theme, idea, format or other respects. You acknowledge and agree that you will not be entitled to any compensation as a result of Balenciaga’s use of any such similar or identical material. Finally, you acknowledge that, with respect to any claim you may have relating to or arising out of Balenciaga’s actual or alleged exploitation or use of any material you submit to the Site and/or Balenciaga, the damage, if any, thereby caused will not be irreparable or otherwise sufficient to entitle you to injunctive or other equitable relief or to in any way enjoin the exploitation or other use of any Balenciaga platform, product or service, Site or Forum based on or allegedly based on the material, and your rights and remedies in any such event shall be strictly limited to the right to recover damages, if any, in an action at law.
4. LINKS
This Site may contain links to other sites. Balenciaga is not responsible for the availability of, or any content or material contained in, or obtained through, any such sites. Any link to another site, and reference to third-party information, products or services linked to this Site, is not, and should not be construed as, an express or implied endorsement by Balenciaga. Any questions or comments relating to such other sites should be addressed to the operator or operators of those sites. No link with the Site is authorized without Balenciaga’s prior approval. Such third party sites are not monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for the content or performance of any third party site accessed through the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the third party site. If you decide to leave the Site and access a third party site you do so at your own risk and you should be aware that our terms and policies no longer govern.
You agree that your use of third-party sites, including, without limitation, your use of any content, information, data, advertising, products, or other materials on or available through such websites and resources, is at your own risk and is subject to the terms and conditions of use applicable to such sites.
5. PRODUCTS
The Balenciaga products featured in this Site are representative of the Balenciaga collection. Not all BALENCIAGA products are shown on this Site and other colors and styles may be available in stores and not all Balenciaga products depicted on this Site are available in Balenciaga stores. The style drawings, models and colors of the Balenciaga and other products shown in this Site may be changed without notice and prices are subject to change. We have made every effort to display accurately the color of the products depicted on this Site. However, we cannot guarantee that the actual colors displayed on your monitor are accurate.
6. DISCLAIMER
The content of this Site may contain inaccuracies or typographical errors. Balenciaga shall not be liable or responsible and hereby disclaims any liability for any loss or damage caused by or arising from any user's reliance on information obtained from or through this Site. It is your responsibility to evaluate the information and other content available through this Site. This Site and the information and materials contained in this Site are subject to change at any time, and from time to time, without prior or subsequent notice.
7. FORUMS AND PUBLIC COMMUNICATIONS
As a convenience to its visitors, Balenciaga may provide, from time to time and at its sole discretion, one or more chat areas, message boards, bulletin boards, e-mail functions, instant messaging service, voice-mail, and other interactive areas as part of the Site (collectively, the "Forums"). Forums are provided by Balenciaga to you and others subject to these Terms, the “Community Guidelines”, (as defined below) the Privacy Policy, and other rules that may be published from time to time by Balenciaga in its sole discretion. The individual who posts messages, content or other information in the Forums (collectively, “User Content”) is responsible for the reliability, accuracy, and truthfulness of such content, and Balenciaga has no control over the same. Additionally, Balenciaga has no control over whether any such User Content is of a nature that users will find offensive, distasteful or otherwise unacceptable and expressly disclaims any responsibility for such material.
Balenciaga does not endorse the User Content in the Forums and specifically disclaims any responsibility or liability to any person or entity (including, without limitation, persons who may use or rely on such material) for any loss, damage (whether actual, consequential, punitive or otherwise), injury, claim, liability or other cause of any kind or character based upon or resulting from any User Content provided through a Forum.
Balenciaga does not and cannot review every message posted by users in the Forums, and is not responsible for the content of these messages or the views or opinions expressed by the users of the Forums. Information disclosed in the Forums is revealed to the public by design. Balenciaga reserves the right, but not the obligation, to delete, move or edit User Content, in whole or in part for any reason in Balenciaga’s sole discretion. In addition, Balenciaga may delete, move, edit or disclose User Content when it is required to do so by law or in a good faith belief that such action is necessary to protect and defend the rights and property of Balenciaga or to protect the safety of our users or the public. In no event does Balenciaga assume any obligation to monitor the Forums or remove any specific material.
You understand that the uploading to and/or posting of any User Content in any Forum shall not be subject to any obligation of confidence on the part of Balenciaga, and Balenciaga shall not be liable for any use or disclosure of any User Content. In consideration for your use of the Forums and functionality, you agree to comply with the “Community Guidelines” set forth below. Without limiting Balenciaga’s other rights and remedies, individuals who violate the following Community Guidelines may, at Balenciaga’s sole discretion, be banned from using the Forums and/or the Site entirely.
Forum Registration and Acceptance of Community Guidelines
In consideration for your use of the Forums, you agree to (i) comply with these Terms and the Community Guidelines, (ii) provide Balenciaga with (A) accurate, complete and true information about yourself as required on the Forums registration form (your "Registration Information") in order to create your Balenciaga Forum Account (your "Account") and (iii) maintain and update, as applicable, your Registration Information with current and complete information. Users who violate these Terms, the Community Guidelines, or provide inaccurate, false, or non-current Registration Information may, at Balenciaga’s sole discretion, have their Account suspended or terminated, and may be permanently banned from using any Forum or the Site.
Entering any forum will constitute acceptance of these terms of service and your compliance with the following guidelines (the “community guidelines”) for use of the forums. If you do not agree to abide by these terms of service or the community guidelines, please do not enter any forum.
Community Guidelines
You are entirely responsible and liable for all activities conducted by you and any authorized user of your Account in the Forums, including the transmission, posting, or other provision of User Content. Listed below are some, though not all, violations that may result in Balenciaga terminating or suspending your access to a Forum. You agree not to do any of the following actions while using any Forum:
1. Harass, threaten, embarrass or cause distress or discomfort upon another Forum participant, user, or other individual or entity;
2. Transmit any User Content in any Forum that Balenciaga considers to be disruptive, unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, hateful, racially, ethnically or otherwise objectionable;
3. Cause any chat room screen in any chat room to "scroll" faster than other users are able to type to it or any action of a similar disruptive effect;
4. Misrepresent yourself, your age or your affiliation with any person or entity, impersonate in any Forum any person or entity, including but not limited to, a Balenciaga official, chat or message board leader, guide or host, or make false or misleading statements;
5. Disrupt the normal flow of dialogue in a Balenciaga chat room or otherwise act in a manner that negatively affects other participants;
6. Post or transmit any unsolicited advertising, promotional materials, or any other forms of solicitation in the Forums;
7. Intentionally or unintentionally violate any applicable local, state, national or international law, including but not limited to any regulations having the force of law while using or accessing any Forum;
8. Invade the privacy or violate any personal or proprietary right of any person or entity;
9. Infringe the intellectual property rights or similar rights, including but not limited to copyrights and trademarks, of any person or entity;
10. Use the Site in any manner that could damage, impair, disable, overburden or harm the Site or circumvent the intended functionality of the Site;
11. Collect information identifying users of the Site by electronic or other means without authorization from the person(s) affected;
12. Upload, post, transmit, send, share, store, distribute or otherwise make available on the Site any private or sensitive information or content about any third party, including, addresses, phone numbers, e-mail addresses, Social Security numbers and credit card numbers; and
13. Upload, post, transmit, send, share, store, distribute, or otherwise make available any viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software, hardware or other electronic or telecommunications equipment.
By posting or uploading User Content to the Site, any Forum or submitting any other User Content to Balenciaga, you automatically grant (or warrant that the owner of such rights has expressly granted) Balenciaga a perpetual, worldwide, royalty-free, irrevocable, non-exclusive right and license to reproduce, modify, adapt, publish, publicly perform, translate, sub-license, create derivative works from, exploit, distribute and otherwise use such materials or incorporate such User Content in or in connection with the Site or by or in any other media or technology now known or later developed throughout the universe in perpetuity. In addition, you represent and warrant that any and all User Content you upload, post, transmit, send, share, store, distribute, or otherwise make available on the Site complies with each of the foregoing Community Guidelines.
8. USER DISPUTES
You are solely responsible for your interactions with other Site users. We reserve the right, but have no obligation, to monitor disputes between you and other users.9. PROMOTIONS
From time to time, the Site may offer sweepstakes, contests or other promotions that require you to send material or information about yourself. Please note that sweepstakes, contests or promotions offered via the Site may be, and often are, governed by a separate set of rules that, in addition to describing such sweepstakes, contest or promotion, may have eligibility requirements, such as certain age or geographic area restrictions, terms and conditions governing the use of material you submit, and supplemental disclosures about how your personal information may be used. It is your responsibility to read such rules to determine whether or not you want to and are eligible to participate, register and/or enter. By entering any such sweepstakes, contest or other promotion, you agree to comply with abide by such rules and the decisions of the sponsor(s) identified therein, which shall be final and binding in all respects.
10. NON-UNITED STATES RESIDENTS
Balenciaga operates the Site in the United States. Balenciaga makes no representation that the Materials, including merchandise offered for sale on the Site and their copyrights, trademarks, patents, and licensing arrangements, are appropriate or available for use in locations other than the United States. If you access the Site from locations outside of the U.S. you do so on your own initiative and at your own risk, and you are solely responsible for compliance with local laws, if and to the extent local laws are applicable. With respect to shipments of merchandise to consumers, wherever they may reside, title to the merchandise and risk of loss shall pass to the buyer upon delivery of the merchandise to the common carrier.
11. NO WARRANTIES
The Site may be unavailable from time to time due to maintenance or malfunction of computer equipment or for various other reasons. Balenciaga assumes no responsibility for any delays, interruptions, errors, defects, omissions, or deletions, related to the communications line failure, operation or transmission, or alteration of, or theft or destruction or unauthorized access to, user communications. Balenciaga is not responsible for any technical or non-technical malfunction or other problems of any hosting services, computer systems, servers or providers, telephone networks or telephone services, computer or mobile phone equipment, software, failure of e-mail or players on account of technical problems or traffic congestion on the Internet or in connection with the Site, including injury or damage to a user’s or to any other person's computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with the Internet and/or in connection with the Site.
This site and the material are provided "as is" “with all faults” and "as available" and without warranties of any kind, either express or implied, including, but not limited to, warranties of title, merchantability, fitness for a particular purpose, non- infringement or freedom from malicious programs (such as viruses, worms or trojan horses) or those arising by statute or otherwise in law from a course of dealing or usage of trade. To the fullest extent permissible by applicable law, Balenciaga expressly disclaims any and all representations and warranties, express or implied. Balenciaga does not represent or warrant that the information contained in this site is accurate, complete or up-to-date, that this site is free of defects or that any defects will be remedied. Balenciaga does not warrant that the availability of or the functions contained in the site, the materials, the forums or the software, will be uninterrupted or error-free, that defects will be corrected, or that the site or the server that makes it available or the software are free of viruses or other harmful components or that the site, materials, software or server do not violate any patent or other intellectual property rights of any person or entity. Balenciaga does not warrant or make any representations regarding the use or the results of the use of the site, the materials, the forums or the software, in terms of their correctness, accuracy, reliability, or otherwise. You agree, by using this site, that your use of this site is at your sole risk, that you assume full responsibility for all loss of use, loss of data and costs associated with all necessary servicing or repairs of any equipment and/or software that you use in connection with this site, and that Balenciaga shall not be responsible or liable for any damages of any kind whatsoever arising out of, caused by or related to your use of this site. Where applicable law does not allow the exclusion of implied warranties, some or all of the foregoing disclaimers of warranty may not apply to you.
12. LIMITATION OF LIABILITY
You agree that Balenciaga and its parents, affiliates, subsidiaries, licensors and assigns, and each of their respective employees, officers and directors (collectively, the “released parties”) are not liable to you or any third person for damages of any kind, whether based in tort, contract, strict liability or otherwise, including, without limitation, any indirect, consequential, exemplary, incidental, special or punitive damages, any lost profits or lost data arising out of or resulting in any way from or in connection with the site, the material, the forums, any transactions in the balenciaga shop, any listing or any errors or omissions in the technical operation of the site, even if the balenciaga is aware or has been advised of the possibility of such damages, whether caused in whole or in part by negligence, acts of god, telecommunications failure, theft or destruction of, or unauthorized access to, the site (collectively, the "released matters"). Notwithstanding anything to the contrary contained herein, balenciaga’s liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to $100. Some jurisdictions do not allow the limitation or exclusion of certain warranties and conditions, and/or the disclaimer of some types of damages, so some of the above might not apply to you.
By accessing the site, you understand that you may be waiving rights with respect to claims that are at this time unknown or unsuspected, and in accordance with such waiver, you acknowledge that you have read and understand, and hereby expressly waive, the benefits of section 1542 of the civil code of california, and any similar law of any state or territory, which provides as follows:
“a general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”
You hereby waive any and all rights you have or may have under California Civil Code Section 1542, and/or any similar provision of law or successor statute to it, with respect to the Released Matters. In connection with this waiver and release, you acknowledge that you are aware that you may hereafter discover claims presently unknown or unsuspected, or facts in addition to or different from those which you now know or believe to be true. Nevertheless, you intend by this Agreement to release fully, finally and forever all Released Matters under this Agreement. In furtherance of such intention, the releases set forth in this Agreement shall be and shall remain in effect as full and complete releases notwithstanding the discovery or existence of any such additional or different claims or facts relevant hereto.
Balenciaga makes no representation or warranty whatsoever regarding the completeness, accuracy, currency or adequacy of any information, facts, views, opinions, statements or recommendations contained on the Site and/or the Material. Reference to any product, process, publication or service of any third party by trade name, domain name, trademark, service mark, logo, manufacturer or otherwise does not constitute or imply its endorsement or recommendation by Balenciaga. Views and opinions of users of the Site do not necessarily state or reflect those of Balenciaga. Users are responsible for seeking the advice of professionals, as appropriate, regarding the information, opinions, advice or content available as part of the Site.
The Internet may be subject to breaches of security. Balenciaga is not responsible for any resulting damage to any user's computer from any such security breach, or from any virus, bugs, tampering, unauthorized intervention, fraud, error, omission, interruption, deletion, defect, delay in operation or transmission, computer line failure or any other technical or other malfunction. You should also be aware that email submissions over the Internet may not be secure, and you should consider this before submitting any information to anyone over the Internet.
13. REPRESENTATIONS AND WARRANTIES
You represent, warrant and covenant that (a) you have the power and authority to enter into this agreement; (b) you are at least eighteen (18) years old; and (c) your use of the Site will comply with these Terms.
14. COMPENSATION
By using the site you agree to indemnify, defend and hold the released parties harmless from and against any third party claims, alleged claims, demands, causes of action, judgments, damages, losses, liabilities, and all costs and expenses of defense, including, without limitation, reasonable attorneys' fees, arising out of or relating to: your breach of your representations, warranties, covenants or agreements hereunder; your violation of these terms of use or any law; your use of this site and/or the material in violation of these terms of use; information or material posted or transmitted through your computer or membership account, if any, even if not submitted by you, that infringes any copyright, trademark, trade secret, trade dress, patent, publicity, privacy or other right of any person or defames any person; any misrepresentation made by you; and/or Balenciaga’s use of your information. You will cooperate as fully and as reasonably required in Balenciaga’s defense of any claim. Balenciaga reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle any such matter without the written consent of Balenciaga.
15. MISCELLANEOUS
These Terms constitutes the entire agreement of the parties with respect to the subject matter hereof and supersedes all prior or contemporaneous written or oral agreements between the parties with respect to the subject matter hereof. These Terms may not be amended, nor any obligation waived, without Balenciaga’s written authorization. Any failure to enforce any provision of these Terms shall not constitute a waiver thereof or of any other provision thereof.
These Terms and your use of this Site shall be governed under the laws of the State of New York, without regard to its conflict of law principles that would cause the application of any other jurisdiction’s laws. With respect to any disputes or claims not subject to arbitration, you agree not to commence or prosecute any action in connection therewith other than in the state and federal courts of the State of New York, County of New York and/or the Southern District of New York. By using this Site, you hereby agree to the personal jurisdiction of, and venue in, such courts and waive all defenses of lack of personal jurisdiction in the state and federal courts of New York.
By using the Site in any way, you unconditionally consent and agree that: (1) any claim, dispute, or controversy (whether in contract, tort, or otherwise) you may have against the officers, directors and employees of Balenciaga and its parent, subsidiaries, affiliates (all such individuals and entities collectively referred to herein as the “Balenciaga Entities”) arising out of, relating to, or connected in any way with our website or the determination of the scope or applicability of this agreement to arbitrate, will be resolved exclusively by final and binding arbitration administered by JAMS and conducted before a sole arbitrator in accordance with the rules of JAMS; (2) this arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16; (3) the arbitration shall be held in New York, New York; (4) the arbitrator’s decision shall be controlled by the terms and conditions of this Agreement and any of the other agreements referenced herein that the applicable user may have entered into in connection with our website; (5) the arbitrator shall apply New York law consistent with the FAA and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (6) there shall be no authority for any claims to be arbitrated on a class or representative basis, arbitration can decide only your and/or the applicable Balenciaga Entity’s individual claims; the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; (7) the arbitrator shall not have the power to award punitive damages against you or any Balenciaga Entity; (8) in the event that the administrative fees and deposits that must be paid to initiate arbitration against any Balenciaga Entity exceed $125 USD, and your are unable (or not required under the rules of JAMS) to pay any fees and deposits that exceed this amount, Balenciaga agrees to pay them and/or forward them on your behalf, subject to ultimate allocation by the arbitrator. In addition, if you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Balenciaga will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive; and (9) with the exception of subpart (6) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the rules of JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (6) is found to be invalid, unenforceable or illegal, then the entirety of this Arbitration Provision shall be null and void, and neither you nor Balenciaga shall be entitled to arbitrate their dispute. For more information on JAMS and/or the rules of JAMS, visit their website at www.jamsadr.com.
You may also contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210 in connection with any potential claim in connection with the Site.
16. TERMINATION
This Agreement is effective unless and until terminated by either you or Balenciaga, which termination may occur at any time. Balenciaga may terminate this Agreement, in whole or in part, at its sole discretion, with or without notice, for any reason whatsoever or no reason at all. In the event this Agreement is terminated by either party, you will no longer be permitted to use the Site. If Balenciaga determines, in its sole discretion, that you fail to comply with any of the terms or provisions of this Agreement, Balenciaga may terminate this Agreement immediately and without notice. Upon any termination of this Agreement by either you or Balenciaga, you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials, whether made under the terms of this Agreement or otherwise. Balenciaga will determine your compliance with this Agreement in its sole discretion and its decision shall be final and binding and not subject to challenge or appeal. Any violation of this Agreement may result in restrictions on your access to all or part of the Site and may be referred to law enforcement authorities. No changes to or waiver of any part of this Agreement shall be of any force or effect unless formally posted or made in writing and signed by a duly authorized officer of Balenciaga. You are advised that Balenciaga will aggressively enforce its rights to the fullest extent of the law.
17. CALIFORNIA TRANSPARENCY IN SUPPLY CHAINS ACT OF 2010 - CORPORATE DISCLOSURE
The California Transparency in Supply Chains Act of 2010 (SB 657) requires California businesses to disclose their efforts to address the issues of slavery and human trafficking, thereby allowing consumers to make better, more-informed choices regarding the products they buy and the companies they choose to support.
Balenciaga has taken steps to evaluate the risks of forced labor in our supply chain. Within Balenciaga, procurement falls into two broad categories: (1) sourcing of raw materials such as textiles and leather; and (2) procurement of other types of goods and services to support the day-to-day running of our operations, such as energy, manufacturing, and office equipment. Although the social impact of the goods and services that Balenciaga purchases often lies outside our direct control, where possible, we have taken proactive steps to ensure the absence of slavery and human trafficking in our supply chain.
Balenciaga is part of PPR Luxury Group (formerly known as “Gucci Group”), which has certified several of its businesses under Social Accountability International’s (SAI) SA8000 standard [link]. SA8000 sets out a strong approach concerning forced labor and provides guidance to suppliers and business partners regarding responsible sourcing. SA8000 includes an endorsement by the International Labour Organisation (ILO) Conventions and the Universal Declaration of Human Rights. Among other things, SA8000 specifically forbids the use of forced or involuntary labor as defined in ILO Convention 29, including employment of people under the age of 15, unless a higher age is required by law, in which case the higher age applies. While several of PPR Luxury Group’s businesses have certification under SA8000, the Group continues its commitment to bring all of its businesses into compliance with SA8000 and obtain certification.
As part of SA8000, Balenciaga’s suppliers, subcontractors and subsuppliers will be required to make a written commitment to all SA8000 requirements, participate in monitoring activities as requested by Balenciaga, promptly resolve any nonconformance with SA8000, and notify Balenciaga concerning any relevant business relationships. Moreover, by virtue of our adherence to SA8000, Balenciaga will be subject to announced and unannounced audits to determine compliance with the SA8000 standard, and Balenciaga’s suppliers are subject to the same. PPR Luxury Group’s standard supply agreements already refer to and adopt the SA8000 requirements, obligating its suppliers to comply with the standard. The brands of PPR Luxury Group also often use several of the same suppliers, subcontractors and subsuppliers, so to the extent that businesses of the Group are already certified, other businesses of the Group that are not yet certified have been well positioned to be in compliance with SA8000 and obtain formal certification.
PPR Luxury Group’s internal policies also articulate the Group’s determination to rid its supply chain of human trafficking and forced labor. For example, PPR Luxury Group’s Code of Business Practices Ethics Guide states that its businesses will not tolerate child or forced labor in the production of its products.
Balenciaga expects and depends on our managers and employees to uphold a zero-tolerance policy regarding forced labor. As such, Balenciaga has taken steps to increase employee awareness and compliance regarding slavery and human trafficking issues. PPR Luxury Group’s Business Practices Ethics Guide is provided to all employees and suppliers. Employees are encouraged to report violations of the Business Practices Ethics Guide. Moreover, as part of SA8000 certification, the standard will be displayed at business locations to inform personnel about PPR Luxury Group’s voluntary commitment to this standard and its requirements. PPR Luxury Group will provide a confidential way for Balenciaga personnel to report nonconformance with SA8000 to management and, where appropriate, Balenciaga provides and requires specific training programs regarding supply chain issues.
18. PHOTO CREDITS – HERITAGE SECTION
Every effort has been made to trace the copyright owners of the material reproduced here.
Any further information will be gratefully received and acknowledged.
30s
- Cristobal Balenciaga, 1927 - Credits: Lipnitzki | Roger Viollet.
- Advertisement in Vogue Paris, July 1938 - Credits: Vogue Paris / DR.
- First Floor Room, 10 Avenue Georges V - Credits: Photo: Seeberger | BNF / Daniel Seeberger.
- Advertisement in Vogue Paris, March 1939 - Credits: Mandello | Vogue Paris / DR.
- Drawing - Credits: Bosc
- Infanta Dress Sketch - Credits: Carl Erickson | Vogue Paris
- Photo Published in Harpers & Queen, October 1939 - Credits: George Hoyningen Huene | Credit: Ricky Horst
40s
- Jacqueline - Credits: Studio Lavoisier
- Dress with draped back - Credits: Studio Lavoisier
- Dress with silver draped - Credits: Studio Lavoisier
- The theater of Fashion magazine cover - Credits: Christian Bérard
- The Theater of Fashion exhibition poster - Credits: Jean Cocteau
- Le Dix – Ad published in Harper’s Bazaar
- Spiral skirt – Photo published in Vogue USA.
- Balenciaga boutique opening – Published in Vogue Paris
50s
- Dovima, model - Credits: Richard Avedon
- Sculpture – Credits: Janine Janet |Photo: Tom Kublin
- Press Release - Credits: Le Figaro
- Publication in l’Officiel de la Couture et de la Mode - Credits: Philippe Pottier
- Publication in Vogue Paris, November 1954 - Credits: Tom Kublin
- Georgia Hamilton - Credits: Richard Avedon
- Silvana, model - Credits: Tom Kublin
- Balenciaga fragrances - Credits: Tom Kublin
- Ingrid Berman in « Anastasia » by Anatole Litvak, 1956 - Credits: Kobal
- Marlène Dietrich in « Paris when it sizzles » by Richard Quine, 1964 - Credits: Kobal
- Maria Casarès in « Testament d’Orphée » by Jean Cocteau, 1960 - Credits: Fondation Pierre Bergé
- Coat n°079 - Credits: Tom Kublin.
- Babydoll Dress - Credits: Tom Kublin
60s
- Fabiola de Belgique - Credits: Roger Viollet
- Sonsoles de Llanzol - Credits: Gyenes.
- Dress Abraham rose - Credits: Tom Kublin.
- Photo, 1965 collection - Credits: Tom Kublin
- Photo, 1965 collection - Credits: Tom Kublin
- Photo, 1967 collection - Credits: Tom Kublin
- Danielle - Credits: Tom Kublin.
- Mona Bismarck - Credits: Cecil Beaton | Joanna Ling
70s
- Air France Uniform, Winter - Credits: Air France
- Air France Uniform, Summer Uniform - Credits: Air France
90s
- FW1998 campaign - Credits: Inez Van Lamsweerde and Vinoohd Matadin | Art direction M/M (Paris).
- Movie excerpt - Credits: Tom Kublin.
2000s
- Ad Campaign, Summer 2000 - Credits: Inez Van Lamsweerde and Vinoohd Matadin | Art direction M/M (Paris).
- Ad Campaign, Summer 2000 - Credits: Inez Van Lamsweerde and Vinoohd Matadin | Art direction M/M (Paris).
- Ad Campaign, Summer 2000 - Credits: Inez Van Lamsweerde and Vinoohd Matadin | Art direction M/M (Paris).
- Meeting between N.Ghesquière and Charlotte Gainsbourg – Credits: Steven Meisel.
- Ad Campaign, Summer 2001 - Credits: Inez Van Lamsweerde and Vinoohd Matadin | Art direction M/M (Paris).
- Ad Campaign, Summer 2001 - Credits: Inez Van Lamsweerde and Vinoohd Matadin | Art direction M/M (Paris)
- Ad Campaign, Winter 2001/2002 - Credits: Inez Van Lamsweerde and Vinoohd Matadin | Art direction M/M (Paris)
- Ad Campaign, Winter 2001/2002 - Credits: Inez Van Lamsweerde and Vinoohd Matadin | Art direction M/M (Paris)
- Ad Campaign, Summer 2002 - Credits: Inez Van Lamsweerde and Vinoohd Matadin | Art direction M/M (Paris)
- Ad Campaign, Summer 2002 - Credits: Inez Van Lamsweerde and Vinoohd Matadin | Art direction M/M (Paris)
- Ad Campaign, Winter 2002/2003 - Credits: David Sims | Art direction: Fabien Baron
- Cover, Vogue Paris Credits : Helmut Newton | Nast Paris
- Ad Campaign, Summer 2003 - Credits: David Sims | Art direction: Fabien Baron
- Ad Campaign, Winter 2003/2004 - Credits: David Sims | Art direction: Fabien Baron
- Ad Campaign, Summer 2004 - Credits: David Sims | Art direction: Fabien Baron
- Ad Campaign, Winter 2004/2005 - Credits: David Sims | Art direction: Fabien Baron
- Ad Campaign, Summer2005 - Credits: David Sims | Art direction: Fabien Baron
- Ad Campaign, Winter 2005/2006 - Credits: David Sims | Art direction: Fabien Baron
- Ad Campaign, Summer 2006 - Credits: David Sims | Art direction: Fabien Baron
- Ad Campaign, Winter 2006/2007 - Credits: David Sims | Art direction: Fabien Baron
- Time 100 cover – Credits: Nicolas Guerin
- Wedding, Salma Hayek and François-Henri Pinault. Credits: Cari Ross | Bertrand Rindoff Petrof
- Ad Campaign, Summer 2007 - Credits: David Sims | Art direction: Fabien Baron
- Ad Campaign, Winter 2007/2008 - Credits: David Sims | Art direction: Fabien Baron
- Red Carpet Met Ball 2007 – Credits- Getty Images
- Red Carpet Met Ball 2007 – Credits: Wire Images
- Modern Art Museum – Credits: ARC/ADAGP.
- Ad Campaign, Summer 2008 - Credits: David Sims | Art direction: Fabien Baron
- Photo #102 – Credits: Tom Kublin
- Photo #148 – Credits: Tom Kublin
- Ad Campaign, Winter 2008/2009 - Credits: David Sims | Art direction: Fabien Baron
- Photo #31 – Credits: Tom Kublin
- Publication in Officiel de la Couture et de la Mode magazine, October 1950
- Ad Campaign, Summer 2009 - Credits: David Sims | Art direction: Fabien Baron
- Ad Campaign, Winter 2009/2010 - Credits: David Sims | Art direction: Fabien Baron
2010s
- Ad Campaign, Summer 2010 - Credits: Steven Meisel | Art direction: M/M (Paris)
- Ad Campaign, Winter 2010/2011 - Credits: Steven Meisel | Art direction: M/M (Paris)
- Nicolas Ghesquière and Jennifer Connelly – Credits: SIPA.
- Ad Campaign, Summer 2011 - Credits: Steven Meisel | Art direction: M/M (Paris)
- Photo #76 – Credits: Tom Kublin
GREGOIRE VIEILLE CREDITS
- All boutique photos in the BOUTIQUES section except for China.
- The two images introducing the video of the Fall/Winter 2011-12 Fashion Show
