Legal Notice

General terms and conditions of use of Balmain.com

Welcome to our website www.balmain.com.

The website www.balmain.com is published by PIERRE BALMAIN, a Société par Actions Simplifiée (simplified joint stock company) with a capital of 2,140,725 euros, registered in the Paris Trade and Companies Register under number 582 054 862 and domiciled at 44, rue François 1er, 75008 Paris.

These General Terms and Conditions of Use govern the access and use of the website www.balmain.com.
Access to and use of this website, as well as the purchase of products on the www.balmain.com website, imply acceptance by the user of these General Terms of Use. The simple connection to the Site will imply full and complete acceptance of these general conditions of use.
For all other legal information, please consult the following sections: Legal notice, General Terms and Conditions of Sale, Privacy Policy and Return Policy. If necessary, you can also consult our Customer Service Department.

PIERRE BALMAIN may modify or update all or part of these General Conditions of Use. Any modification or update of the General Conditions of Use will be applicable as soon as it is published in this section of the website. Therefore, we ask you to consult this section regularly in order to be aware of the most recent Terms and Conditions of Use of the website www.balmain.com. If you do not agree with any part of the Terms and Conditions of Use of www.balmain.com, do not use our website.

1. User responsibility

Access to and use of the www.balmain.com website, including consultation of the Internet pages, use of the site services, communication with PIERRE BALMAIN, downloading of product information, and purchase of products on the website, are carried out exclusively for personal purposes and are not related to any commercial or professional activity and are the sole responsibility of the user.

With regard to the use of the www.balmain.com website, you are only authorised to consult the website and its contents. You are also authorised to carry out all other temporary acts of reproduction that have no economic impact, that are temporary or incidental and that constitute an integral and essential part of the consultation of the www.balmain.com website and its content. You are also authorised to browse the website for the purpose of lawful use of the www.balmain.com website and its contents. 

In particular, it is forbidden to use the Site to transmit chain letters, junk mail, spam or any repetitive or unsolicited message (commercial or otherwise), to gather or collect, in any way whatsoever, information concerning third parties, in particular e-mail addresses, without the consent of the third parties concerned, to create or exploit false identities, to falsify an e-mail address or header, or to try to mislead third parties in any way whatsoever as to the identity of the sender or the origin of the message, transmit any inappropriate content such as any material containing viruses or any material that is harmful or injurious to the Site or to third parties or in violation of any law, attempt to gain unauthorized access to the services offered, other accounts, computer systems or networks connected to the service of the Site, through the use of different passwords or any other means, or interfere with any other user's use and enjoyment of the service.

We remind you that you will be held responsible for your use of the www.balmain.com website and its content. PIERRE BALMAIN shall not be held responsible for any use of the website and its content that does not comply with the laws and regulations in force or with these General Conditions of Use, without prejudice to PIERRE BALMAIN's liability in the event of wilful malice and gross negligence. In particular, you will be liable for the communication of incorrect or false information or data relating to third parties (particularly if you are unable to demonstrate that the latter have given you their consent), as well as for any inappropriate use of said information or data.

Finally, since all elements are downloaded or obtained through the use of the site at the user's own risk, the user is responsible for any damage that may affect his or her computer systems or for the possible loss of data following the downloading of content, and PIERRE BALMAIN will not be held responsible. 

You are responsible for ensuring the confidentiality and appropriate use of your personal information, including access identifiers for restricted services, and are also responsible for any damage or prejudice to PIERRE BALMAIN or third parties as well as for the loss or deletion of said information, which may result from your actions, for example through inappropriate use.

You agree to indemnify PIERRE BALMAIN and to guarantee it against any action for liability, recourse, losses, costs, loss of profit, loss of data, and any other direct or indirect damage resulting from the violation on your part of the any of the provisions of these Terms of Use. 

2. Responsibility of the publisher

2.1. PIERRE BALMAIN endeavours to update the content of the www.balmain.com site, to provide users with accurate information and to ensure, to the best of its ability, the accuracy and updating of the information published on this site, the content of which it reserves the right to correct at any time and without notice.

However, PIERRE BALMAIN cannot guarantee the accuracy, precision, quality or completeness of the information made available on this site. Any error or omission may be notified to the following e-mail address: contact@customercare.balmain.com

2.2. PIERRE BALMAIN makes every effort to prevent the publication on its website of content describing or representing scenes or situations of physical or psychological violence or which could, depending on the sensitivity of the users of the www.balmain.com website, be considered prejudicial to personal convictions, human rights or human dignity, whatever the forms and expressions used.

PIERRE BALMAIN offers no guarantee concerning the relevance or legality of the content of the website in countries other than France. If such content is considered illicit or illegal in your country, do not access our website. If you choose to access it anyway, the use of the services provided by the www.balmain.com website will be your sole and personal responsibility. 

2.3. PIERRE BALMAIN endeavours to maintain continuous access to the site, without being under any obligation to do so. It is specified that the dynamic nature of the Internet and its contents may lead to problems of suspension, interruption or discontinuity of access to the www.balmain.com site. In particular, during site maintenance, updating, and for any other reason, mainly technical reasons, including user behaviour, access to the Site may be interrupted. PIERRE BALMAIN is in no way responsible for these interruptions and the consequences that may result for the user. The modification, suspension or interruption of access to the site may not under any circumstances result in the payment of damages to the user. 

Furthermore, PIERRE BALMAIN cannot guarantee that the website will function continuously, without interruption and without errors or malfunctions due to the Internet connection. For any problem using our website, contact our Customer Service Department, your Internet service provider or check that each Internet connection and access device is correctly activated, particularly the Internet browser. 

2.4. PIERRE BALMAIN takes the greatest care in presenting its products on the Site. However, the photographs illustrating the products offered are only indicative and have no contractual value. Although PIERRE BALMAIN makes every effort to ensure that the photographs are faithful to the products presented, it cannot be held responsible for errors or inaccuracies in the photographs, graphic representations or samples, due to any variations that may have occurred.    

The information contained on this site is non-contractual and subject to change without notice.

2.5 PIERRE BALMAIN does not provide the user with any guarantee of any kind, express or implied, as to the quality of the Site's services or their marketability, the conformity of the service or the result sought to the user's expectations, and disclaims all responsibility for any disputes, actions or recourse by third parties who may claim rights, in particular private rights, over any content not created by PIERRE BALMAIN. 

2.6. As a user of the site, it is your responsibility to take all appropriate measures to protect your own data and/or software from contamination by any viruses circulating on the Internet.

2.7. PIERRE BALMAIN declines all responsibility in the event of damage caused by errors, omissions, deletions of content or resulting from the inaccessibility of the website services or any interruption in service.

Furthermore, PIERRE BALMAIN may not be held directly or indirectly liable in any way whatsoever, and for any reason whatsoever, for:
-    The lack of performance of the Site and/or the software used or downloaded from the Site
-    Loss of data or services resulting from the user's failure to meet deadlines
-    Consequences resulting directly or indirectly from the transmission of viruses through its servers
-    The contamination of the computer equipment of Internet users resulting from the propagation of a virus or other computer infections
 

PIERRE BALMAIN shall also not be held responsible for any direct or indirect damage, including in particular loss of profits, customers, data, any loss of intangible property, loss of earnings or any other loss or damage that may arise from the use of the Site or, on the contrary, from the impossibility of accessing the Site, as a result of the user's faulty use.

PIERRE BALMAIN declines all responsibility in the event of damage caused by viruses, corrupted files, errors, omissions, deletion of content, problems with the network, suppliers or telephone and/or data transmission connections, unauthorised access, modification of data, failures and/or malfunctions of the user's electronic equipment.

2.8. Links to other websites - The www.balmain.com website contains hypertext links ("links") to other websites unrelated to the www.balmain.com website. PIERRE BALMAIN does not control or monitor these websites or their content. PIERRE BALMAIN cannot be held responsible for the content, advertising, products, services or any other material available on or from these sites and for the rules adopted by them, particularly with regard to the confidentiality of your personal data and their possible processing during your browsing. We therefore ask you to take the utmost care when connecting to these websites via the links on the www.balmain.com website and to read their conditions of use and data privacy regulations carefully. 

PIERRE BALMAIN cannot be held responsible for any damage or loss, whether actual or alleged, resulting from the use of or reliance on the content, goods or services available on these external sites or sources. The use of these sites by the User is the sole responsibility of the latter.
We remind you that these General Terms of Use and the Privacy Policy  do not apply to websites operated by third parties. The www.balmain.com website provides links to other websites for the sole purpose of assisting its users to search and navigate, and to facilitate links to other sites on the Internet. The activation of links does not imply any recommendation or notification on the part of PIERRE BALMAIN to access or browse these websites, nor any guarantee as to their content, their services or the products they provide or sell to Internet users.

3. Privacy policy

PIERRE BALMAIN has taken the necessary technical and organisational security measures to protect its services, the integrity of traffic data and electronic communications on the www.balmain.com site, in order to prevent the use of data, or unauthorised access to them, the risks of dissemination, destruction and loss of confidential or non-confidential data and information relating to users of the www.balmain.com site, as well as unauthorised or illegal access to said data and information.

We recommend that you read the Privacy Policy, which also applies when accessing and using the services of www.balmain.com without making a purchase. The Privacy Policy  allows you to understand how and for what purposes PIERRE BALMAIN, via the www.balmain.com website, collects and uses some of your personal data.

4. Intellectual property rights

4.1. Content of the site

The content of the www.balmain.com site, including but not limited to the works, images, photographs, dialogue, music, sounds, videos, documents, drawings, illustrations, logos and any other element published on the www.balmain.com site, including the menus, web pages, graphics, colours, plans, tools, fonts and design of the Internet site, diagrams, layouts, methods, procedures, functions and software forming part of the www.balmain.com site, are protected by copyright and all other PIERRE BALMAIN's intellectual property rights, such as trademarks or drawings & models.

You undertake to respect the copyright of PIERRE BALMAIN and of the artists who publish their work on the site www.balmain.com, or who have collaborated with the site www.balmain.com in the creation of new forms of expression or art intended for exclusive or non-exclusive publication on the website or forming an integral part of it. 

The reproduction, representation and modification, whether total or partial, temporary or permanent, in any way, in any form or on any medium whatsoever, of the www.balmain.com site and its content is prohibited without the written consent of PIERRE BALMAIN. 

Any reproduction is subject to the written authorisation of PIERRE BALMAIN on a case-by-case basis. These reproductions must be made for legal purposes and in accordance with the copyright and other intellectual property rights of PIERRE BALMAIN or its partners.

Failure to comply with this prohibition constitutes an infringement which may give rise to civil or criminal liability for the infringer. 

4.2. Trademarks and domain names

All signs allowing the identification of products sold on the www.balmain.com site and published on the website are trademarks of PIERRE BALMAIN, its affiliated companies or its partners, where applicable.

They are used on the www.balmain.com site for the exclusive purpose of distinguishing, describing and promoting the products sold on the www.balmain.com site. PIERRE BALMAIN, its affiliates or partners, where applicable, are entitled to exclusive use of the trademarks they respectively own.

Any illegal or unauthorised use of the said trademarks is prohibited and constitutes an infringement that may incur civil or criminal liability for the infringer. 

The said trademarks and any other distinctive sign published on the www.balmain.com website must not be used under any circumstances to obtain undue advantages, due to their distinctive character or reputation, or with the aim of harming them and their owners.

The reproduction and/or representation of these elements is only authorised for information purposes for strictly personal and private use.  Any use of the elements of this site for different purposes, in particular for public, commercial or humorous purposes, will be subject to legal proceedings in France and abroad. 

4.3. Links to www.balmain.com

The presentation, in whole or in part, of one of the pages of this site in a web page not belonging to PIERRE BALMAIN is prohibited.

To create links to the home page and other publicly accessible Internet pages of the www.balmain.com site, contact PIERRE BALMAIN at the following e-mail address: contact@customercare.balmain.com. PIERRE BALMAIN is entitled to object, at its own discretion, to the use of certain links to its website, in particular in the event that the applicant wishing to activate links to the www.balmain. com has in the past been involved in unfair commercial practices or practices that do not conform to the customs of the sector, or in acts of unfair competition against PIERRE BALMAIN, or when PIERRE BALMAIN fears that the applicant may adopt such behaviour in the future, or when the applicant has in the past undertaken actions that discredit PIERRE BALMAIN and the www.balmain.com site or when there is reason to fear that he or she may do so in the future. In any case, it is forbidden to publish deep links (such as deep frames) on the www.balmain.com site or to use unauthorised meta tags without the written consent of PIERRE BALMAIN.

5. Applicable law and dispute resolution

The present General Conditions of Use are governed by French law. Any difficulty or dispute concerning the present General Terms of Use that is not settled between the parties shall fall under the exclusive jurisdiction of the French courts.

In the event that any provision of the Terms of Use is held to be invalid or unenforceable, such provision shall be construed to best reflect the intentions of the parties and the remaining provisions shall be deemed to apply as of right.
The non-application or the absence of a claim of application by PIERRE BALMAIN of any of the provisions of the General Conditions of Use or of any right shall in no way be interpreted as a waiver by PIERRE BALMAIN of such a provision or right.

Version dated 12/04/2022

General Terms and Conditions of Sale of Balmain.com

The offer and sale of products on our website ("www.balmain.com") are governed by these General Terms and Conditions of Sale. The products purchased on www.balmain.com are sold directly by PIERRE BALMAIN, a Société par Actions Simplifiée (simplified joint stock company) with a capital of 2,140,725 euros, registered in the Paris Trade and Companies Register under number 582 054 862 and domiciled at 44, rue François 1er, 75008 Paris (the "Seller").

You can send any queries to our support services via Contact us. For all other legal information, please consult the following sections:  Legal notice, General Terms and Conditions of Use, Privacy Policy and Return Policy. 

1. Orders on the Maison Balmain website

The e-commerce services of the website www.balmain.com are intended exclusively for non-professional private customers for their own use (or for gifts within the circle of family and friends).

Thus, by accepting these General Terms and Conditions of Sale before confirming your order, you declare that you are in full legal capacity to commit yourself under these General Terms and Conditions of Sale and that your purchase of products on the website www.balmain.com is not directly related to a professional activity and is limited to strictly personal use.

If you are not acting within this framework, you are not authorised to order on the www.balmain.com site and we ask you not to make any purchases on www.balmain.com.

Purchase requests from countries not listed on the home page cannot be accepted by the Seller.

The Seller reserves the right not to accept orders from any unauthorised person or orders that do not comply with these General Terms and Conditions of Sale, in particular abnormal orders within the meaning of the relevant case law, for example in quantities that do not correspond to the usual average needs of a household (for one or more cumulative orders) or that are the subject of reports or suspicions of fraudulent or illegal activities. If this is the case, the order may be cancelled by the Seller.

These General Terms and Conditions of Sale are intended to apply to orders placed with the Seller on www.balmain.com. They do not govern the provision of services or the sale of products from companies other than the Seller, including when they are accessible via links, images or any other hypertext content present on the website www.balmain.com. In this context, we recommend that you check the general conditions of the third party vendor. The Seller shall in no way be held responsible for any transaction between users of the www.balmain.com website and third parties.

All orders placed on www.balmain.com require the prior acceptance of these General Terms and Conditions of Sale.

2. Online purchase process

2.1. In order to make a purchase and allow the execution of the contract for the sale of the products on www.balmain.com, you must fill in the online order form and send it to the Seller, electronically, following the instructions provided.

2.2. Before purchasing the products, please read carefully these General Terms and Conditions of Sale and the Return Policy, print a copy and keep it for your personal use. 

2.3. Visit www.balmain.com to order your products:
•    Browse the online shop to choose your products
•    Click on the product, select the desired quantity and click on "add to basket"
•    Click on "view basket", you can then modify the quantities and the desired products or return to the catalogue;
•    Validate your basket and thus your selection of product(s) and follow the instructions
•    Choose the delivery method, enter your delivery and billing details
•    Choose your payment method

2.4. Confirmation of your order online

The order confirmation page, which is displayed immediately prior to the conclusion of the sales contract, contains a summary of each of the products ordered, the price (including any applicable taxes), the shipping costs (including any additional costs that will be charged to you if you choose a different and/or faster shipping and delivery method instead of standard delivery), delivery and payment information.

Before validating your order form, we ask you to check and correct any errors in your order data.

When validating the order form, you will be asked 
1-    to confirm that you have read and accepted these General Terms and Conditions of Sale 
2-    and on the other hand, to confirm that this validation of the form by you implies the obligation to pay the price of the products concerned by clicking on "Payment" which entails the conclusion of the sales contract and your obligation to pay.

Otherwise, no order can be placed.

If you do not agree with any of the provisions of these General Terms and Conditions of Sale, we invite you not to validate an order.

2.5. Once the payment has been validated, a page is displayed with your order number and a summary of the delivery information and the chosen method of payment. You will receive by e-mail, an acknowledgement of receipt of your order on which will appear the number of your order, the summary of your order (essential characteristics of each of the products ordered and their price per unit (including applicable taxes), the shipping costs, the means of payment used for your purchase, the total amount paid and the terms of delivery of the products purchased, the address and means of contact of the Seller, as well as a reminder of the delivery times of the products (which may not exceed 30 days from the order), a copy of these GTCS and a standard withdrawal form allowing you to exercise this right if the conditions allow it. The Seller will then process your orders.

2.6. The Seller reserves the right to cancel any order from a customer with whom there is a dispute relating to the payment of a previous order or for any other reason relating to the abnormal nature of the order (order presenting insufficient guarantees in terms of solvency, considered incomplete or incorrect, or in the event of unavailability of products). In this case, the Seller will inform you by e-mail of the non-execution of the contract and of the fact that the Seller has not followed up on your order, with justifications. In the event that the products presented on www.balmain.com are no longer available or on sale at the time of receipt of your order, the Seller shall be obliged to inform you of the unavailability of the products ordered within thirty (30) days from the day following the transmission of your order to the Seller. If you have already paid for the products ordered, the Seller will take steps to refund you as soon as possible, and the contract between the parties will be considered terminated.

In order to limit fraud and in the interest of its customers, Pierre Balmain carries out checks on orders placed on its site. Thus, if there is any doubt as to the authenticity of an order, Pierre Balmain reserves the right, in order to accept the sale, to ask you to prove your identity (copy of passport, national identity card or driving licence). In this case, your order will be processed as from the receipt of these documents. Pierre Balmain reserves the right to cancel your order if it does not receive these documents within 10 days or if it receives documents that are deemed to be non-compliant.

3. Products purchased by pre-order

3.1. In some cases, the Seller will give you the possibility to pre-order one or more products that are not currently offered for sale on the www.balmain.com website, as they are part of the new collection to come. The products offered for pre-order will be specially mentioned on their product sheets. The Seller will indicate for each item concerned the estimated shipping date and will send you a confirmation e-mail as soon as the package is shipped. If your order contains both available and pre-ordered products, they will be shipped on different dates and you will only have to pay the shipping costs once. If your order contains only pre-ordered products, the products will be sent in one package on the latest estimated shipping date.

3.2. Payment for pre-ordered products can only be made by credit card. Your bank account will not be debited until the ordered products have been sent. Once the order is placed, the Seller will ask your bank to verify the information provided. Please note that confirmation of the validity of your card can be obtained by paying one euro (€1), subject to authorisation. This authorisation is not a cost and your account will only be debited when the goods are dispatched.

4. Our offers

4.1. Essential characteristics of the products 

The essential characteristics of the products are presented on each of the product sheets on the website www.balmain.com. However, it is possible that the images and colours of the products offered for sale on www.balmain.com do not correspond exactly to the real articles depending on the Internet browser and the screen used.

All products are delivered with an identification label attached with a disposable seal.

4.2. Price

The selling prices of the products are indicated in several currencies of payment and can be modified at any time by the Seller. The prices applied are those indicated and in force at the time the Buyer places the Order. 

These prices do not include shipping costs, which are invoiced in addition to the price of the products purchased. Shipping costs shall be indicated before the Buyer places the Order. The different shipping methods are proposed to the Buyer at the time of placing the order. 

For orders outside the European Union, depending on the country of destination, the Buyer may have to pay customs duties and import taxes. The precise terms and conditions of customs duties and taxes are available in the "Shipping and Delivery" section of the Customer Service area of the site.

The prices are applicable and the offers valid as long as they are visible on the site www.balmain.com.

Product prices may vary. Before sending the order form, please check the final price indicated. If the Seller finds an error in the price or calculation of the amount required at the time of payment, the Seller will contact the user to give him/her the opportunity to purchase the product(s) concerned at the correct price.

However, errors in pricing or availability may occur due to problems of desynchronisation of feeds and due to human error. In the event of a price error or unavailability of the product ordered, the Buyer will be alerted by the Customer Service as soon as this event is known. In such a case, the order of the unavailable products or those affected by a price error will be cancelled and the Seller will proceed to the reimbursement of the sums paid on behalf of the Seller.

4.3. Shipping and delivery

For information on the shipping and delivery process of products, please visit the Customer Service area. Please read this section carefully. The information provided here forms part of these Terms and Conditions. You can choose to receive the products you have purchased at the address of your choice or at one of the BALMAIN shops in your country/region listed on www.balmain.com. 

In-store collection
If you are offered the option "Pick up in shop" and you have chosen to pick up your items in shop by selecting it, we will send you an e-mail when they have arrived at their destination.

In this case, you will have a period of 20 days from the date of dispatch of the above-mentioned communication to collect the purchased goods from the shop you have chosen. If you do not collect the goods within the aforementioned period of 20 days, the sales contract will automatically be considered terminated by you. It will then no longer be possible to collect the goods, which will be returned to the Seller by the staff of the previously selected shop. Following the cancellation of the sales contract, you will be refunded the amount paid within the period established by the Return Policy. 

When you come to the shop to collect your order, you must present the sales team with a copy of the order dispatch confirmation e-mail and a valid form of identification. We remind you that it is not possible to make payment in the shop. Therefore, the option of cash on delivery is not available when you choose delivery in the shop.

For more information about the conditions of shipment and delivery of items to a pre-selected address or to a selection of BALMAIN shops, please consult the Customer Service area.

5. LEGAL GUARANTEES

The products offered for sale on the website www.balmain.com benefit from the legal guarantees set out below. The terms and conditions for implementing these guarantees are explained in our Return Policy.

5.1. Legal guarantee of conformity 

All items sold by the Seller are covered by a legal guarantee of twenty-four (24) months, in case of lack of conformity, as provided for by articles L. 217-4 to L. 217-14 of the Consumer Code. You must inform the Seller of the existence of a lack of conformity (damaged products or products that do not correspond to the order) within two (2) years from the delivery of the item concerned. In the case of new items, you are not required to prove the existence of a lack of conformity.
If an item has a lack of conformity, you can either have it repaired or replaced. If these remedies are impracticable or seem disproportionate, you can ask the Seller to apply an appropriate reduction to the purchase price or demand that the contract be terminated.

5.2. Legal guarantee against hidden defects

The products benefit from the legal guarantee against hidden defects (e.g., with a material, design or manufacturing defect affecting the products delivered and making them unfit for use) provided for in Articles 1641 to 1649 of the Civil Code, which is limited to 5 (five) years after the purchase. 
Under these guarantees, the Seller undertakes, according to your choice, to reimburse you or to offer you a reduction in the sale price of the products concerned.
In this case, you must send a written request to the Seller within 2 years from the discovery of the defect, in order to obtain a refund of the Product(s) or request a reduction on the price paid.

5.3. Main legal texts concerning the above guarantees:

Article L217-4 of the Consumer Code
"The goods conform to the contract if they meet the following criteria, where applicable:
1° It corresponds to the description, type, quantity and quality, in particular with regard to functionality, compatibility, interoperability, or any other characteristic provided for in the contract;
2° It is fit for any special purpose intended by the consumer, which was made known to the seller at the latest at the time of the conclusion of the contract and which the latter has accepted;
3° It is delivered with all the accessories and installation instructions to be provided in accordance with the contract;
4° It is updated in accordance with the contract.” 

Article L217-5 of the Consumer Code
"I. In addition to the criteria of conformity with the contract, the good is in conformity if it meets the following criteria:
1° It is fit for the purpose usually expected of goods of the same type, taking into account, where applicable, any provisions of European Union law and national law as well as all technical standards or, in the absence of such technical standards, specific codes of conduct applicable to the sector concerned;
2° Where applicable, it has the qualities which the seller has presented to the consumer in the form of a sample or model before the conclusion of the contract;
3° Where applicable, the digital elements it contains are provided according to the most recent version available at the time the contract is concluded, unless the parties agree otherwise;
4° Where applicable, it is delivered with all the accessories, including packaging, and installation instructions that the consumer may legitimately expect;
5° Where applicable, it is supplied with the updates that the consumer may legitimately expect, in accordance with the provisions of Article L. 217-19;
6° It corresponds to the quantity, quality and other characteristics, including durability, functionality, compatibility and safety, that the consumer can legitimately expect for goods of the same type, taking into account the nature of the good as well as public statements made by the seller, by any person upstream in the transaction chain, or by a person acting on their behalf, including in advertising or on labelling.
II. However, the seller shall not be bound by any of the public statements mentioned in the preceding paragraph if he demonstrates:
1° That he did not know them and was not legitimately in a position to know them;
2° That at the time of the conclusion of the contract the public statements had been corrected in a manner comparable to the original statements; or
3° That the public statements could not have influenced the purchase decision.
III. The consumer may not contest the conformity by invoking a defect relating to one or more particular characteristics of the goods, which he was specifically informed deviated from the conformity criteria set out in this article, and to which he expressly and separately agreed at the time of conclusion of the contract.”

Article 1641 of the Civil Code
"The seller is bound by the warranty for hidden defects in the thing sold which make it unfit for the purpose for which it was intended, or which so diminish this use that the buyer would not have acquired it, or would only have given a lower price, if he had known about them."

Article 1648 al 1st Civil Code
"The action resulting from redhibitory defects must be brought by the purchaser within two years of the discovery of the defect."

5.4. Guarantee exclusions 

Any guarantee is excluded in case of modification, misuse, negligence or lack of maintenance on your part, as well as in case of normal wear and tear of the product, accident or force majeure. The guarantee is limited to the replacement/repair/partial or total reimbursement of products that do not conform or are affected by a defect. You are solely responsible for the choice of products, their conservation and their use in accordance with the precautions for use.

6. Payment

For the payment of the price of the products and the costs related to shipping and delivery, you must follow the procedures indicated in the order form. Under no circumstances will you be charged for amounts in excess of the prices displayed by the Seller, depending on the payment method you have chosen.

The means of payment accepted on the Site are the following: Credit card (Visa, Bank of America, American Express), Apple Pay, PayPal, Klarna.

The Buyer may use his/her PayPal account to pay for his/her Orders on the Site. Any purchase by PayPal will automatically be subject to the PayPal Terms of Service and the PayPal Privacy Policy.

In the case of payment by credit card, all information (for example, card number or expiry date) will be transferred, by means of an encrypted protocol, to our bank providing the remote electronic payment service, without third parties having access to it under any circumstances. This information will be used by the Seller only to carry out procedures related to your purchase, or to issue refunds in the event of the return of products, in accordance with the Returns Policy, or if it is necessary to report the occurrence of fraud to the competent authorities at www.balmain.com. 

The prices for the purchase of the products and the shipping and delivery costs are indicated in the order form. They will be debited from your account when the items are shipped.

7. Right of withdrawal, return policy

You can find information on our Returns Policy, including the terms and conditions of any refund, which forms part of these Terms and Conditions of Sale.

8. Privacy Policy

For more details about the processing of your personal information, please see our Privacy Policy.

Please note that in accordance with article L223.2 of the French Consumer Code, the Buyer may exercise his right to register on the opposition list to telephone canvassing on the website http://www.bloctel.gouv.fr

9. Applicable law and dispute resolution

All sales made via www.balmain.com as well as the present General Terms and Conditions of Sale are governed by French law, in particular the Consumer Code.

In the event of a dispute between the seller and the customer, they shall endeavour to find an amicable solution.
In the absence of an amicable agreement, the customer is entitled to refer the matter free of charge to the consumer ombudsman to which the seller belongs, i.e. the Association of European Ombudsmen (AME CONSO), within one year of the written complaint being sent to the seller.
The referral to the consumer ombudsman must be made:
-    either by filling out the form provided for this purpose on the AME CONSO website: www.mediationconso-ame.com;
-    or by mail addressed to AME CONSO, 197 Boulevard Saint Germain - 75007 PARIS.

Any difficulty or dispute concerning the orders and/or these General Terms and Conditions of Sale, not settled by mediation, shall fall within the exclusive jurisdiction of the French courts, namely either those with territorial jurisdiction under the Code of Civil Procedure or those of the place where the Buyer resided at the time of the Order or the place where the harmful event occurred.

10. Amendments and updates

The General Terms and Conditions of Sale are regularly amended and take into account any changes in legislation. The new General Terms and Conditions of Sale will only apply to sales made after the date of publication on the website www.balmain.com.

PRIVACY POLICY

PIERRE BALMAIN attaches great importance to the protection of your privacy.
Our Privacy Policy describes how and why we process your personal data and provides you with information about your rights. It is drafted in accordance with the requirements of the GDPR.
The Policy applies only to personal data collected via our website www.balmain.com and in our stores. 
Please note that some sections, at the end, are applicable to residents of named territories, outside the European Union, with local privacy regulations requiring specificities in addition to the requirements of the GDPR.

1. Who is responsible for processing your personal data?

The data controller is PIERRE BALMAIN, a SAS with a share capital of 2,140,725 euros, having its registered office at 44, rue François 1er, 75008 Paris - France and registered in the PARIS Trade and Companies Register under the number B 582 054 862.
Email address: privacy@balmain.com
Telephone number: +33 (0)1 89 54 77 68

PIERRE BALMAIN ensures that its processing of personal data is lawful, justified by a valid legal basis and that the data is kept for a reasonable period of time necessary for the operations for which it was collected, in compliance with the legislation in force and taking into account the limitation periods.

2. What personal data do we process? For what purpose? On what legal basis? For how long?

Mandatory data collection is indicated by an asterisk in the collection form.

3. About Cookies

The site uses cookies. During your visits, utility cookies, solely dedicated to the proper functioning of the website, may be automatically installed on your browse. 
Some cookies are necessary and must always be active to ensure the proper functioning of our site.
Other cookies (personalisation, audience measurement, advertising, etc.) are deposited only after obtaining your specific consent. Rejecting these cookies may affect your navigation of our site and the way we interact with you.

What is a cookie? 
A cookie is a small text file placed on your computer, smartphone, tablet or other device when you visit a website.
The cookie helps us recognise your device the next time you visit our website. There are other similar technologies such as pixel tags (transparent graphic images placed on a web page or in an email, which indicate that a page or email has been viewed), web bugs (similar to pixel tags), and web storage, which are used in desktop software or mobile devices. There are also technologies such as mobile device identifiers and SDK (software development kit) integrations to help companies recognise your device when you return to an app or otherwise use a service.

What cookies are on our sites?
We do not use cookies that store sensitive personal data.
To find out which cookies are present on our site and to change your preferences at any time, we invite you to visit the "Customize Cookies" page at the bottom of each page of the site or via the following link.

Third party cookies:
Our site contains computer applications from third parties, namely Facebook, Twitter, Instagram, Google, YouTube, Snapchat, TikTok, Apple and Pinterest, which allow you to share content on our site with other people or to let these other people know your consultation or your opinion concerning content on our site (for example via the "Share" or "Like" buttons from social networks)

Such an application button may allow the social network concerned to identify you, even if you did not use this button when you consulted our site, to follow your browsing on our site, simply because your account with the social network concerned was activated on your terminal (open session) during your browsing on our site.

When you leave our website, we have no control over the process used by the social networks to collect information relating to your browsing and we invite you to consult their privacy protection policies to learn about the purposes of use, including advertising, of the browsing information they may collect when you visit their platforms. These protection policies should allow you to exercise your choices and rights with these social networks, in particular by setting up your accounts for each of these networks.
Links to the different privacy policies: 
-    Google : https://policies.google.com/privacy
-    YouTube : https://policies.google.com/privacy
-    Facebook : https://www.facebook.com/privacy/explanation
-    Twitter : https://twitter.com/privacy
-    Instagram : https://help.instagram.com/519522125107875
-    TikTok : https://www.tiktok.com/legal/privacy-policy
-    Snapchat : https://snap.com/privacy/privacy-policy 
-    Pinterest : https://policy.pinterest.com/privacy-policy
-    Apple : https://www.apple.com/legal/privacy/

4. Do we profile your personal data?

PIERRE BALMAIN carries out profiling on the basis of your personal data, with your consent, with a view to personalising your experience when you have created an account on the site and to send you personalised commercial communications according to your profile.

5. What are your rights and how can you exercise them?

Where the processing is based on your consent, you may withdraw it at any time, without prejudice to the lawfulness of the processing carried out prior to such withdrawal.
In accordance with the General Data Protection Regulation no. 2016/679 of 27 April 2016, you have the following rights:

• •    Right of access: the right to be informed whether we hold your personal data, about how we process your personal data and to request access to the personal data we process;
• Right of rectification/correction: the right to ask us to amend/correct or update your personal data where it is inaccurate or incomplete;
• Right to erasure: the right to ask us to permanently delete your personal data;
• Right of restriction: the right to ask us to temporarily or permanently stop processing all or part of your personal data;
• Right to object: the right to refuse at any time the processing of your personal data for personal reasons and the right to refuse the processing of your personal data for direct marketing purposes;
• Right to data portability: the right to request a copy of your personal data in electronic format and the right to transmit this personal data for use by a third party service;
• Right not to be subject to automated decision making: the right not to be subject to a decision based solely on automated decision making, including profiling, where the decision would have a legal effect on you or would have a similar significant effect.
• Right to determine the fate of your data post-mortem. 

You also have the right to file a complaint with the CNIL https://www.cnil.fr/.
To exercise your rights with PIERRE BALMAIN, or for more information about our personal data protection policy, you may send a letter to the postal address PIERRE BALMAIN - SERVICE JURIDIQUE - 25, rue Pasquier, 75008 Paris or an e-mail to privacy@balmain.com. 
All requests by post or e-mail must be signed and specify the address to which the reply should be sent. In case of doubt, you may be asked to provide a photocopy of an identity document in order to respond to your request. A reply will then be sent to you as soon as reasonably practicable within one month of receipt of the request.

6. What security measures have we put in place to protect your personal data?

We are committed to maintaining the confidentiality and integrity of your data.
We have put in place appropriate technical and organisational security measures to protect your personal data against unauthorised use, accidental access, processing, erasure, loss or partial or total destruction.
If you have any questions on this subject, please send a letter to the postal address 44, rue François 1er, 75008 Paris or an e-mail to privacy@balmain.com. 

7. Who else may have access to your personal data?

We provide personal information to our affiliates and other trusted companies or individuals who process it on our behalf, at our direction, in accordance with this Privacy Policy and other appropriate security and confidentiality measures. The list is available upon request. 

8. Is your personal data transferred outside the European Union?

Your personal data may be transferred to and processed by third parties located outside the European Union, such as our affiliates
In this case, we ensure that the transfer of your personal data is carried out in accordance with the applicable law and in particular either that the destination territory has been the subject of an adequacy decision by the European Union Commission, or that the recipient has validated the standard contractual clauses validated by the European Commission and or that appropriate technical and organisational contractual provisions have been put in place.

Update of this privacy policy
Date of update: 13/03/2023  

MACAU PRIVACY SPECIFICATIONS Personal Data Protection Act (PDPA) Law 8/2005

9. Is your personal data transferred outside Macau?

Your personal data will be transferred to and processed by PIERRE BALMAIN which is located in France, outside Macau, for the above purposes. In this case, we ensure that the transfer of your personal data is carried out in accordance with the applicable PDPA

SINGAPORE PRIVACY SPECIFICATIONS Singapore Personal Data Protection Act 2012 (PDPA)

10. Is your personal data transferred outside Singapore?

Your personal data will be transferred to and processed by PIERRE BALMAIN which is located in France, outside Singapore, for the above purposes. In this case, we ensure that the transfer of your personal data is carried out in accordance with the applicable law (including the PDPA).

HONG KONG PRIVACY POLICY Personal Data (Privacy) Ordinance (Cap. 486) (PDPO).

11. Is your personal data transferred outside Hong Kong?

Your personal data will be transferred to and processed by PIERRE BALMAIN which is located in France, outside Hong Kong, for the above purposes. In this case, we ensure that the transfer of your personal data is carried out in accordance with the applicable law (including the PDPO).

RETURN POLICY

The present conditions of the return policy, including the terms and conditions for exercising the legal guarantees and the right of withdrawal, are an integral part of the General Terms and Conditions of Sale and are governed by French law, in particular by the Consumer Code.

The Buyer may be required to return the products ordered when he/she wishes to:
-    exercise his/her right of withdrawal 
-    proceed with an exchange
-    return one or more damaged, defective or incorrect items

You will find below the modalities of implementation of these returns.

In any case, we remind you that all products sold by the Seller have an identification label with a disposable seal that is an integral part of the product. Please try the products without removing this label and seal. Products returned without a label and seal will not be accepted.

1. Right of withdrawal

You have a period of 14 (fourteen) days from the day after receiving your order to exercise your right of withdrawal, without giving any reason or having to pay any penalties. When the period expires on a Saturday, Sunday or public holiday, it is extended until the next working day.

In order to exercise this right, you must, within the 14-day period referred to above, notify us of your decision to withdraw from this contract by means of an unambiguous statement, by the following means:

    Sending the withdrawal form below or any other statement explicitly specifying your decision to withdraw from the sales contract to the Seller at the address indicated below:

Withdrawal form 

To:
PIERRE BALMAIN
E-Commerce Customer Service
25 Rue Pasquier
75008 Paris
Or by e-mail to contact@customercare.balmain.com

I hereby exercise my right to withdraw from the sales contract for the following items: 
_______________________________________________________________________________________ 
_______________________________________________________________________________________ 
_______________________________________________________________________________________ 
Order dated: ____________________________________________________________________ 
Order received on: ______________________________________________________________________ 
Order number: ____________________________________________________________________ 
First and last name: __________________________________________________________________________ 
E-mail address associated with the order placed: ______________________________________________ 

Signature : _______________________________________ Date : ________________________

The Seller will contact you as soon as possible to confirm that he has received your withdrawal request and will verify it.

If the Seller confirms the conformity of your withdrawal, the Seller will reimburse you, without undue delay, the amount corresponding to the product which is the subject of the withdrawal, including the delivery costs (except in the case of a partial return of the order, in which case the delivery costs will remain at the Buyer's expense) and, in any event, no later than 14 (fourteen) days following receipt by the Seller of the returned goods.

No goods may be returned to the Seller without his prior information and in compliance with his instructions for reshipment.

You must entrust a carrier with the goods which are the subject of the withdrawal in order to return them, in perfect condition, with all their accessories if applicable, without undue delay and, in any event, no later than 14 (fourteen) working days after the confirmation by email from the Seller that your request for withdrawal has been taken into account (To return the products, please refer to section 4 "Return procedures" below). This period is deemed to have been respected if you return the goods before the expiry of the fourteen-day period, at your expense and via an appropriate delivery method, to the following address:

PB
Kuehne + Nagel Ferrières
ZAC des Hauts de Ferrières,
PA du Nid à Grives
77 164 FERRIERESEN BRIE

The right of withdrawal is excluded if you have purchased personalised products or in the case of sealed items that have been opened after delivery and cannot be returned for health or hygiene reasons.

To return products, please refer to section 4 "Return Policy" below.

Conditions for exercising the right of withdrawal in accordance with Article L.121-20-12 of the French Consumer Code
The right of withdrawal from the sales contract shall be deemed to have been duly exercised if all the following conditions are met:
a.    The right of withdrawal has been duly exercised within fourteen (14) days of receipt of the products by following the above procedures.
b.    The products must not have been used, worn or washed and, in any case, must comply with the conditions mentioned in the section on Conformity Checks below; 
c.    The identification label with the disposable seal is always attached to the products and forms an integral part of them.
d.    Products are returned in their original packaging.
e.    The products are entrusted to the carrier within fourteen (14) days after the confirmation by email from the Seller that your request for withdrawal has been taken into account.
f.    The products are not damaged.

In this case, the Seller will refund the full price of the products purchased including delivery charges. You will only be responsible for the cost of returning the goods to us, unless you use the carrier and shipping methods set out below in section 4 "Return Policy". If the returned products cannot be accepted because the above conditions are not met, you will be notified and you may choose to have the products returned at your expense. If you refuse this delivery, the Seller reserves the right to retain the products and the amount paid for their purchase. 

2. Items returned as damaged, faulty or incorrect

Without prejudice to the application of mandatory consumer protection provisions, if you are returning a product because of an error on our part or because it is damaged or defective, please notify the seller using the Returns Form on the website; if a product becomes defective after receipt, please contact Customer Services for further information. Masks and underwear cannot be returned.

To return products, please refer to section 4 "Return Policy" below.

The Seller will examine all such returned products and offer you a replacement, repair, refund or price reduction within a reasonable period of time by e-mail. Subject to the Seller's acceptance of damaged or defective products, in the event of a full refund of the price, the cost of shipping the item to your address and you will not be charged for returning the item to the Seller provided you use the DHL carrier as set out below. If the Seller finds no defect in the returned goods, you will be notified that the returned goods cannot be accepted and you may choose to have the goods redelivered at your expense. If you do not accept redelivery, the Seller reserves the right to retain the products and their purchase price and to charge the Seller's fees and commissions to you.

3. Return procedures

3-1. Procedure and costs for returning products to the Seller - DHL

The Seller recommends that you use the DHL carrier (www.dhlexpress.fr) to return products. If you use DHL and the pre-printed label with the return address attached to the original order, you do not have to pay the return shipping costs. The Seller will pay the DHL service on your behalf. The ability to track a package sent by this shipping service at any time relieves you of any responsibility for loss or damage to the products during transit. If you decide to return products with a carrier other than DHL, you must pay the return shipping costs and are liable for any loss or damage to the products during transit.

3-2. Conformity checks

The products must be returned in their original and unused condition, in perfect condition, intact, complete (original packaging, instructions, warranty certificate, accessories, etc.), clean and in a state that allows them to be sold. In the event of damage to the product resulting from improper handling on your part, you may be held liable. 

We reserve the right not to accept any returns of products that show signs of wear and tear, or that have been used or altered from their original condition in any way, or alternatively, to reduce the refund or exchange value, if applicable. 

You will be notified if the returned product(s) are not accepted because they do not meet the above conditions or if we decide to reduce the refund amount for the above reasons. 

If this is the case, you may choose to have the product(s) reshipped to you at your expense. If you do not wish to have the product(s) returned to you, the Seller will keep the product(s) as well as the amount paid for the purchase of the product(s).

4. Time limits and refund procedure

Once the Seller has received the returned products and verified that all the conditions have been met, you will receive an e-mail confirming that your return has been accepted and, depending on the case, Pierre Balmain will proceed with:
-    A full refund of the product(s) concerned
-    Or the requested exchange
-    Or a partial refund, if the products have lost value, informing you of the amount deducted from the refund.

Regardless of the method of payment used, the Seller will process the refund as quickly as possible and, in any case, within fourteen (14) days of becoming aware of your decision to exercise your right of withdrawal or your request for a return or exchange and once it is satisfied that the return has been made in accordance with the above conditions.

The Seller will make the refund using the same means of payment as for the initial transaction, unless a different means is expressly agreed; in any event, this refund will not incur any costs for you.

The time taken to refund the amount paid for the purchase of the returned products depends on the method of payment used.
•    Credit card purchases: the refund period will depend on the card issuer, but will normally be within two billing cycles. The value date of the credit will be the same as the original charge. You will therefore not suffer any loss in bank interest.
•    Payment via PayPal: Refunds will be credited to your PayPal account and will be visible immediately. The actual refund to the credit card associated with your PayPal account will depend on the card issuer.
•    Cash on delivery (where applicable): we will refund to the bank account you have provided, so the time taken to refund will depend on the accuracy of the information you have provided and will usually take fourteen (14) days.

Accessibility Statement for Balmain

This is an accessibility statement from Balmain.

1. Measures to support accessibility

Balmain takes the following measures to ensure accessibility of Balmain:
•    Include accessibility as part of our mission statement.
•    Integrate accessibility into our procurement practices.
•    Provide continual accessibility training for our staff.
•    Assign clear accessibility goals and responsibilities.
•    Employ formal accessibility quality assurance methods.
•    User testing is planned as part of the process of making the website accessible.

2. Conformance status

The Web Content Accessibility Guidelines (WCAG) defines requirements for designers and developers to improve accessibility for people with disabilities. It defines three levels of conformance: Level A, Level AA, and Level AAA. Balmain is partially conformant with WCAG 2.1 level AA. Partially conformant means that some parts of the content do not fully conform to the accessibility standard.

3. Feedback

We welcome your feedback on the accessibility of Balmain. Please let us know if you encounter accessibility barriers on Balmain:

• Email address: accessibility@balmain.fr 
• Telephone number: +33 1 89 54 77 68
• Postal adress : PIERRE BALMAIN, 5 rue du Tronson du Coudray, 75008 Paris - France 

We try to respond to feedback within 5 business days.

4. Technical specifications

Accessibility of Balmain relies on the following technologies to work with the particular combination of web browser and any assistive technologies or plugins installed on your computer:
•    HTML
•    WAI-ARIA
•    CSS
•    JavaScript
These technologies are relied upon for conformance with the accessibility standards used.

5. Assessment approach

Balmain assessed the accessibility of Balmain by the following approaches:
•    A partnership with Tanaguru - an agency specializing in accessibility - has been put in place during the design and development phase. A more in-depth analysis was carried out before the site went live in order to determine the next steps to ensure a better level of accessibility to our site.

SPECIFIC CONDITIONS OF SALE OF NFT

The sales of NFTs or of bundle including NFT are framed within specific time periods, the buyer should make sure to find out the related dates. 

1. Right of withdrawal

For the Bundle offered for sale which contains a Physical Product and a NFT, Article L221-28 point 6 of the Consumer Code, states "The right of withdrawal cannot be exercised for contracts: Of supply of goods which, after being delivered and by their nature, are mixed inseparably with other items.”. Therefore, there is no right of withdrawal.

For a NFT offered for sale, the article L221-28 point 13 of the Consumer Code states "The right of withdrawal cannot be exercised for contracts: of supply of a digital content without material support whose execution began before the end of the period of withdrawal and, if the contract subjects the consumer to an obligation to pay, when: he gave his prior express consent for the execution of the contract to begin before the expiry of the period of withdrawal", which was accepted by ticking the box provided. Therefore, there is no right of withdrawal.

2. Definition

Blockchain:  
A distributed database used to store various pieces of digital information in chronological order. Blockchains differ from each other in the way they store and manage data, however in their core, they all operate as distributed databases that securely store the transactions happening on top of them.

Collection:
An assortment of digital assets released by an individual or a brand containing a limited number of individual NFTs.

Ethereum:
Ethereum is an open source, distributed software platform based on blockchain technology. Balmain’s NFT are planned to be built for instance on Ethereum blockchain.

Non-Fungible-Token (NFT):
Digital assets on a blockchain network that can be traded, transferred and stored at will.

3. Online shopping process

The Balmain’s NFTs collection can be sold as a bundle of a Physical Product, along with a digital NFT. The Sales process will take place on https://balmain.com/nft
Details on the Balmain’s NFT sales process are planned as follows:

Presale: When pre-sale will be activated the process will consist of the following steps:
Waitlist applications:  
-A Waitlist will be formed to give some selected users early access for the sales.
-If you want to join the waitlist you must register with your email address.
Sales Process:  
-Sales will first be available for early access for users on the waitlist if any (these users will be able to access the sale by clicking an email link, or entering their email address on the website).
-To buy the NFT or a bundle of the Physical Product and a digital NFT you will have to:

• Go to the target website.
• Choose which to purchase, along with size & color if needed.
• Fill out the ordering information.
• Choose payment method : Purchase with credit card: Enter card information and approve - Purchase with cryptocurrency: Choose from supported wallet options (ex. Metamask, Coinbase Wallet, WalletConnect). Connect your wallet and approve payment via wallet’s browser extension or the mobile app.
• Complete order.

-After you have completed the purchasing process, you will receive 2 emails:
-From Balmain: usual order confirmation email with order information & status.
-From Balmain’s partner: email containing a private link to redeem the NFT and an explanation on how to complete the redeeming process where you will have to:

• Click on the link to go to the website of Balmain's partner
• Verify their email
• Provide adapted wallet address (ex. ERC-20 wallet adress ) and click redeem to complete the proces

Post sales:
-NFT holders will receive quarterly emails on Balmain product updates, and benefits provided to the NFT holders, e.g., access to Balmain events, access to limited collections (which would start with usual Balmain newsletters, but evolve with the Balmain Thread benefits).
-NFT holders can list their NFTs on secondary marketplace(s) that support the target blockchain after the initial sale (e.g., Opensea, Magic Eden, MintNFT). According to your will and your choices.
-Balmain’s partner and editor of the NFT continue to provide tools & services to authenticate NFT holders, as needed.

4. Shipping and delivery

If you buy the bundle product on balmain.com you will receive an email from Balmain’s partner and editor of the NFT containing instructions for redeeming your NFTs 14 days after the purchase or 14 days after the reception of the linked product. The email will direct you to a website where you can follow the instructions to send your NFTs to your adapted Wallet address (ex. ERC-20).

You are required to redeem your digital collectible within 60 days after receiving the redemption email.

When redeeming the digital collectible, you will be requested to provide an adapted wallet address for the sale (refer to the product sheet).

5. Payment and Fees

Balmain uses services of a third-party payment gateway (ex. Paper.xyz) to process the payments for the initial sale.

Payment is made either in cryptocurrency (ex. Ethereum), or in usual local currency by credit/debit cards.

When you proceed with the payment in cryptocurrency or in currency, the third-party payment gateway will:
- Charge a percentage fee of the price of each Product purchased.
For example, Paper.xyz will charge:
-For a payment in cryptocurrency : 1% fee of the price of each Product purchased.
- For a payment in currency : By United States-Issued Debit or Credit Cards or non-United States Issued Debit or Credit Cards, Paper will charge 3.9% of the price of each Product purchased - By Non-United States Issued Debit or Credit Cards, Paper will charge 4.9% of the price of each Product purchased
- require to pay all blockchain gas or similar network fees (“Gas Fees”) in connection with such transactions.

Gas Fees. By buying or selling a Balmain NFT on the platform of NFT, you agree to pay all applicable fees and, if applicable, you authorize the platform to automatically deduct fees (including any transaction fees, or Gas Fees, as applicable) directly from Secondary Transactions. “Gas Fees" fund the network of computers that run blockchain technology, meaning that you will need to pay a Gas Fee for each transaction that occurs via the relevant blockchain. Balmain has no insight into or no control over these payments or transactions; Balmain does not have the ability to reverse any transactions. Accordingly, Balmain, will have no liability to you or to any third party for any claims or damages that may arise as a result of any transactions of the Balmain NFT/Bundled NFT that you engage in.

6. Responsibility of the buyer

It is important to note that you should always take appropriate security measures to keep and protect your digital assets, including keeping and using strong passwords and enabling two-factor authentication. NEVER share your wallet private key or seed phrase with anyone.
As a condition to your participation in the Balmain Sale, you agree:
-that you will not attack, hack, DDOS, interfere with, or otherwise tamper with the smart contract associated with any Balmain NFT;
-that you will not participate in the Balmain Sale to conceal or transfer proceeds relating to criminal activity or bid on a Balmain NFT for any reason other than to obtain the Balmain NFT;
-that cryptocurrency may be a volatile asset that often experiences periods of high price volatility and instability. Often a consequence of rapidly changing prices and demand, the Ethereum blockchain can also experience significant periods of network congestion, slow to stagnant processing speeds, and unpredictable failures.

Without limitation of any other termination rights, the license of the NFT may be suspended or terminated in case of a reasonable basis for believing that you have engaged in an off-chain sale of the Balmain NFT or otherwise engaged in any off-chain transactions for the purchase or sale of the Balmain NFT without making the applicable Royalty Payment. You, and all subsequent Transferees, shall be responsible for paying the Royalty Payment associated with the Secondary Transaction purchase price, regardless of whether such purchase price is fulfilled on-chain, off-chain, or in a combination of the foregoing.

7. Ownership of Balmain and Secondary Transaction

If you acquire a NFT of Balmain, you own all personal property rights to that NFT (e.g., the right to freely sell, transfer, or otherwise dispose of that NFT). Such rights, however, do not include the ownership of the intellectual property rights in the NFT. Such rights are licensed (point 8).

A “Secondary Transaction" means any transaction in which a Balmain NFT is sold by one owner to another owner, or is otherwise transferred in any manner that is not a Primary Transaction; and “Primary Transaction" means a transaction facilitated through the Balmain.com Website in which a Balmain NFT is first sold. For each secondary sale Balmain and the editor of the NFT receive a percentage of the sale price.

In case of Bundle NFT you can sell the NFT separately in a secondary transaction while still retaining ownership of the Physical Product.

Reservation of Rights - All rights in and to the Balmain NFT not expressly provided for in this Agreement are hereby reserved by Balmain and the editor of the NFT. Balmain and the editor of the NFT own and will retain all title, interest, ownership rights and intellectual property rights in and to the concerned NFT.

Without limitation, you shall not, nor permit any third party to do or attempt to do any of the following without express prior written consent from Balmain:
- modify the Balmain NFT;
- use the NFT to advertise, market, or sell any product or service;
- use the NFT in connection with media that depicts hatred, intolerance, violence, cruelty, or any other subject matter that reflects negatively on Balmain;
- use NFT in any other form of media, except solely for your own personal, non-commercial use for so long as you own the NFT;
- sell, distribute for commercial gain (including, without limitation, giving away in the hopes of eventual commercial gain), or otherwise commercialize merchandise that includes, contains, or consists of the NFT;
- attempt to register any trademark, copyright, or otherwise acquire additional intellectual property rights in or to the NFT; or
- otherwise utilize the NFT for your or any third party’s commercial benefit.

8. License

The sale is driven by the editor of the Balmain’s NFT smart contract.

If you acquire a Balmain NFT, Balmain hereby grant to you, for so long as you own the Balmain NFT (as recorded on the relevant blockchain), a non-exclusive, non-sublicensable, royalty-free license to use, copy, and display the Balmain NFT linked with your purchased Balmain NFT piece solely for the following purposes:
- for your own personal, non-commercial use, including to create one back-up copy of the Balmain NFT and a single physical print out of the Balmain NFT, each to be retained only for so long as you own the associated Balmain NFT;
- efforts to sell or otherwise transfer the associated Balmain NFT consistent with the ownership of it (e.g., posting the Balmain NFT on a sales listing on an NFT marketplace). The NFT license in the prior sentence is non-transferrable, except that it will automatically transfer in connection with the legal transfer of the Balmain NFT.

Your license to the Balmain NFT shall automatically and immediately terminate without notice, and all rights shall revert to Balmain and the editor of the NFT if at any time:
- You breach any portion of this Agreement;
- You engage in any unlawful activity related to the Balmain NFT (including transferring the Balmain NFT to a Prohibited Transferee);
- You initiate any legal actions, except an arbitration as specifically provided herein, against Balmain, the editor of the NFT or their parent, subsidiary, and affiliate companies, and each of their respective officers, directors, members, affiliates, agents, attorneys, and employees (collectively, the “Balmain Parties"); or
- at Balmain and the editor of the NFT sole determination and discretion, you disparage any of the Balmain Parties, or their brands or products. Upon any termination, discontinuation or cancellation of your license to Balmain NFT, Balmain and the editor of the NFT may disable your access to the Balmain NFT and you must delete, remove, or otherwise destroy any back up or single digital or physical copy of the Balmain NFT. Upon any termination, discontinuation, or cancellation of the license in this Agreement.

9. Warranty Disclaimers and Assumption of Risk

You represent and warrant that you will not use the Balmain NFT to violate any law, regulation or ordinance or any right of Balmain, its licensors or any third party, including without limitation, any right of privacy, publicity, copyright, trademark, or patent. You further agree that You will comply with all applicable laws.

The Balmain NFT are intangible digital assets. They exist only by virtue of the ownership record maintained in the applicable blockchain network. Any transfer of title that might occur in any unique digital asset occurs on the decentralized ledger within such blockchain network, which Balmain and the editor of the NFT do not control. Balmain and the editor of the NFT do not guarantee that the platform of NFT can perform the transfer of title or right in any Balmain NFT. You bear full responsibility for verifying the identity, legitimacy, and authenticity of assets you purchase through the NFT website. Notwithstanding indicators and messages that suggest verification, Balmain and the editor of the NFT makes no claims about the identity, legitimacy, or authenticity of assets on the NFT website or any purported secondary transactions.

Balmain and the editor of the NFT are not responsible for any kind of failure, abnormal behavior of software (e.g., wallet, smart contract), blockchains or any other features of the Balmain NFT. Balmain and the editor of the NFT are not responsible for casualties due to late report by developers or representatives (or no report at all) of any issues with the blockchain supporting the Balmain NFT, including forks, technical node issues or any other issues having fund losses as a result.

10. Assumption of Risk

Balmain do not store, send, or receive cryptocurrency assets. Any transfer of cryptocurrency assets occurs within the supporting blockchain that is not controlled by Balmain. Transactions in Balmain NFT may be irreversible, and, accordingly, losses due to fraudulent or accidental transactions may not be recoverable. Some transactions of the Balmain NFT shall be deemed to be made when recorded on a public blockchain ledger, which is not necessarily the date or time that you initiated the transaction.

There are risks associated with using an Internet based digital asset, including but not limited to, the risk of hardware, software and Internet connections failures, the risk of malicious software introduction, and the risk that third parties may obtain unauthorized access to information stored within your Wallet. Balmain will not be responsible for any communication failures, disruptions, errors, distortions or delays you may experience when effecting Balmain NFT transactions, however caused.

Access to and interactions for the Balmain NFT may be limited or unavailable. Indeed, transactions involving the Balmain NFT may rely on third-party platforms to perform transactions which are outside of Balmain control.

Update of this privacy policy
Date of update: 24/02/2023
 

• Click on the link to go to the website of Balmain's partner.
• Verify their email.
• Provide adapted wallet address (ex. ERC-20 wallet adress ) and click redeem to complete the process.