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Delvaux Terms and Conditions

Effective Date: 1 July 2020

BY ACCESSING OR USING THE WEBSITE YOU ARE INDICATING THAT YOU HAVE READ AND UNDERSTAND THE TERMS, AND THAT YOU AGREE TO COMPLY WITH AND BE LEGALLY BOUND BY THE TERMS.

IF YOU DO NOT AGREE TO THE TERMS, YOU MAY NOT ACCESS OR USE THE WEBSITE.

1. INTRODUCTION

The website www.delvaux.com (the “Website”) is operated by Delvaux Créateur SA (hereinafter "Delvaux Créateur", “we” or “us”), a Belgian company with headquarters at Boulevard Louis Schmidt 7, 1040 Etterbeek, Belgium, and registered in the Brussels Commercial Register under number 400.613.859, and/or its subsidiaries (collectively “Delvaux”). Delvaux may be contacted by phone on the number +1 (212) 471-3195 and by email at the following address: service.customer-us@delvaux.com.

Please read the following terms and conditions (the "Terms and Conditions") carefully before ordering any product on this Website. Any order through this Website will be subject to these Terms and Conditions.

Delvaux reserves the right to amend these Terms and Conditions at all times without notice. If we choose to amend the Terms and Conditions, we will update the Effective Date at the top of the Terms and Conditions and post the updated version. We may also, at our option, choose to notify you by e-mail or another means. We invite you to check the latest version of the Terms and Conditions before placing an order. If you access the Website and/or order products after we post changes to these Terms and Conditions, you confirm your acceptance of the new terms.

The products shown on our Website are intended to be sold exclusively to end buyers who are natural persons, acting exclusively for their personal needs and not directly related to a commercial activity.

By placing an order through this Website you warrant that you are at least eighteen (18) years old and that you are capable of entering into legally binding contracts.

2. WEBSITE RULES AND SUPPLEMENTAL TERMS

Your access to and use of the Website is governed by these Terms and Conditions, our Privacy Policy (as described in more detail below), any and all other policies and rules referenced herein, posted on the Website, or otherwise communicated to users (the “Website Rules”).

Certain of the features, functionality, tools, content and promotions available on or through the Website may be subject to additional or supplemental terms and conditions (“Supplemental Terms”). If you choose to access or use those features, functionality, tools or content or participate in those promotions, the applicable Supplemental Terms are also incorporated and deemed part of these Terms and Conditions.

If there is a conflict between these Terms and Conditions and the Supplemental Terms, the Supplemental Terms will govern and control with respect to the applicable features, functionality, tools, content and promotions.

PLEASE READ THESE TERMS AND CONDITIONS, OUR PRIVACY POLICY, WEBSITE RULES AND ALL APPLICABLE SUPPLEMENTAL TERMS (COLLECTIVELY, THE “TERMS”) CAREFULLY, AS THEY CONTAIN TERMS AND CONDITIONS THAT IMPACT YOUR RIGHTS, OBLIGATIONS AND REMEDIES IN CONNECTION WITH YOUR USE OF THE WEBSITE. FOR EXAMPLE, THE TERMS INCLUDE (TO THE EXTENT APPLICABLE AND SUBJECT TO APPLICABLE LAW):

  • INFORMATION ABOUT THE FUNCTIONAL LIMITATIONS OF THE WEBSITE;
  • YOUR OBLIGATION TO COMPLY WITH ALL APPLICABLE LAWS AND REGULATIONS;
  • LIMITATIONS OF OUR LIABILITY TO YOU; AND
  • A REQUIREMENT THAT YOU PURSUE CLAIMS OR SEEK RELIEF AGAINST US (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS, RATHER THAN AS A PARTICIPANT IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING.

YOUR ACCESS TO AND USE OF THE WEBSITE IS CONDITIONED ON YOUR ACCEPTANCE OF AND COMPLIANCE WITH THESE TERMS.

3. ABOUT THE WEBSITE

A. LICENSE TO USE

Subject to your compliance with the Terms, Delvaux grants you a limited non-exclusive, non-transferable, non-assignable and non-sublicensable license to access and use the Website for your own personal use only, and not for use for any business purpose or commercial activity. This license is granted for the sole purpose of enabling you to use and enjoy the benefit of the Website as provided by Delvaux, in the manner permitted by the Terms.

B. MODIFICATIONS AND UPDATES TO THE WEBSITE

Delvaux reserves the right, in its sole discretion, to modify or discontinue offering the Website, in whole or in part, including any products or any features, functionality, tools or content thereof, at any time, for any reason or no reason, with or without notice to you. You agree that Delvaux has no obligation to provide any updates or to continue to provide or enable any particular features, functionality, tools or content, and will not be liable with respect to any such modifications, discontinuance or deletions.

C. INTERNATIONAL USERS

The Website is controlled and operated within Belgium. You are hereby prohibited from accessing or using the Website from any territory where the Website or any of the features, functionality, tools, content thereof, is illegal. If you choose to access the Website from a location outside Belgium, you do so at your own risk and you are solely responsible for compliance with applicable laws, rules and regulations, including export laws and any regulations and local laws regarding online conduct and content.

D. CALIFORNIA RESIDENTS

Pursuant to California Civil Code §1789.3, California residents are also entitled to the following specific consumer rights notice:

Complaints regarding the Website or requests to receive further information regarding use of the Website may be sent to the above address or to service.customer-us@delvaux.com.

The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Boulevard, Suite N112, Sacramento, CA 95834 or by telephone at (916) 445-1245 or (800) 952-5210. Hearing impaired persons may call TDD (800)-326-2297 or TDD (916)-928-1227, see www.dca.ca.gov for additional information.

4. PRODUCT OFFERINGS

​ A. GENERAL - ORDER - AVAILABILITY

All products shown on the Website are subject to availability and are being offered and sold by our subsidiary Delvaux North America. Although we seek to publish information on the Website that is, to our best knowledge, correct and up to date, certain products shown on the Website may no longer be available for purchase. No rights can be derived from typing errors, products descriptions or manifest errors (such as products incorrectly priced) on the Website.

We make our best efforts to produce high quality images of our product selection. However, minor differences in colour and other variations in products are possible as a result of different image acquisition, display technologies or other technical reasons.

The product offerings on our Website are non-binding and only constitute an invitation for you to place an order with Delvaux North America. All orders are subject to acceptance by Delvaux North America. Delvaux reserves the right to change the products offered on the Website at any time.

B. PRE-ORDER

You may order, on this Website, products that are not yet manufactured and for which you may make a “pre-order. These pre-ordered products are also subject to availability and Delvaux gives no warranty about their production or manufacturing. In case the product cannot be made available for any reason whatsoever, you will be reimbursed from all amounts that you would have paid.

5. ORDER AND ACCEPTANCE

A. ORDER PROCESS

Once you have chosen a product you wish to order, click on the “Order now” or “Pre-order now” button. The selected product will be placed in your “Shopping Bag”. You can monitor at any time the products you have selected by clicking on the "Shopping Bag" button, and remove or add any product.

When you have completed your selection and wish to confirm the contents of your "Shopping Bag”, proceed to “Checkout” and follow instructions. You will be asked to enter your name, address of residence, e-mail address and telephone number, and delivery address.

B. PAYMENT PROCESS

Once this information has been duly entered and confirmed, the price of the products and any eventual charges shall automatically be displayed. Please verify the accuracy of this selection before confirming the order. If you agree with the selection and the price, please click on the “Continue to payment” button. You will then be required to enter your payment details. By clicking on the "Continue to payment" button, you place a binding order for the products in your Shopping Bag.

All orders must be paid for at the time of ordering. YOU ARE RESPONSIBLE FOR PROVIDING DELVAUX NORTH AMERICA WITH VALID CREDIT CARD OR PAYMENT ACCOUNT DETAILS AND FOR THE TIMELY PAYMENT OF ALL FEES. Please note that the payment information, including name and contact information, that you submit when you register may be used and shared with our payment processing services provider and otherwise used in accordance with our Privacy Policy.

The products remain the property of Delvaux until the purchase price has been paid in full by the customer. Irrespective of the title of property, the risk of loss and damage shall pass to you at the time of delivery.

C. ORDER CONFIRMATION

The order is successfully completed if it has been confirmed by Delvaux with a confirmation e-mail. This confirmation e-mail does not yet constitute the acceptance of the customer's order by Delvaux. All orders are subject to availability and acceptance. We reserve the right not to accept an order. Such non-acceptance may result, for example, from the fact that (i) products are shown on the Website but are no longer available; (ii) products shown on the Website contain a manifest price error; (iii) we are unable to obtain authorisation for your payment; and/or (iv) shipping restrictions apply to a product. We will inform you about the inability to supply the products without undue delay and will reimburse you immediately for any sums which have already been paid for the unavailable products.

The purchase contract is deemed to have been concluded when you receive a confirmation from Delvaux that the products have been shipped to you.

6. PRICE

The products are sold at the price in effect at the time of the order, as indicated on our Website. The prices are shown in dollars, exclusive of VAT and/or other applicable taxes, and inclusive of the delivery costs that are offered by Delvaux Orders are payable in euros, irrespective of the delivery address or the customer's residence. Delvaux will manage to pay any customs duties or any other similar local charges or taxes. Any such custom duties, similar taxes or charges will be paid by Delvaux and Delvaux will also manage to make any necessary declarations to the competent authorities of the country of delivery.

Delvaux reserves the right to adapt its prices at any time, but the changes shall not apply to any orders for which you have received a confirmation e-mail, unless there is a manifest price error. In this case, we will inform you of the price problem as soon as possible. You may cancel your order when we inform you of the error.

7. DELIVERY, RETURNS AND REIMBURSEMENTS

A. DELIVERY SCHEDULES

We aim to deliver your order within three (3) to five (5) working days after your order. If, for any reason whatsoever, the products are not delivered within thirty (30) days of the order confirmation email, you are entitled to cancel the contract and be refunded for any amounts paid by you.

Delivery times vary depending on the type of product you order, the availability of the product, your delivery address and the delivery method you choose. Delivery dates are indicative and shall not be regarded as strict deadlines. When you order a product in "pre-order" the delivery time will be extended or at least be different from a product already in stock. Delvaux may therefore provide for a different delivery time-frame depending on whether certain products have been pre-ordered and whether certain products are in stock at the time of the pre-order.

B. COUNTRIES OF DELIVERY

We will deliver the products to the delivery address that you indicate when placing the order. We only deliver to addresses within the United States of America. Orders cannot be placed for delivery addresses situated outside these territories. Unless agreed otherwise, the suitable mode of delivery and the carrier is determined by Delvaux.

C. DELIVERY PROCESSES

At the end of the ordering process, we will provide you with the various shipment methods available for the purchased product and the chosen delivery address.

Delvaux is entitled to make partial deliveries of products subject to a single sales agreement. Additional delivery costs will be borne by Delvaux.

D. RETURN PROCESS

1. RETURN NOTIFICATION

You have the right to return product(s) within fourteen (14) days from the date of delivery without giving any reason. Product returns are not allowed more than fourteen (14) days after the date of delivery of the Product.

If several products are ordered in a single order and delivered separately, the period of fourteen (14) days is calculated from the date of delivery of the last product.

To return a product, you must provide written notice to the following address before the fourteen (14) day return period expires: service.customer-us@delvaux.com

The return is successfully completed if it has been confirmed by Delvaux with a confirmation e-mail.

The right to return the products does not apply to the supply of any customized or personalized products.

2. RETURN COSTS AND RETURN LABEL

Delvaux will pay the return costs. A return label and a tracking number will be sent to you in the dispatch confirmation email.

3. LIABILITY REGARDING THE PRODUCTS CONDITION

The products must be returned in the same condition as they were delivered. You are only liable for any diminished value of the products resulting from the handling other than what is necessary to establish the nature and characteristics of the products. You must ensure that the products are intact, that they have not been used, worn or damaged in any manner whatsoever and that all tags remain attached. We reserve the right to refuse the return of products which have been damaged or deteriorated or which are in a condition that clearly shows that they have been used for purposes other than the controls which are strictly necessary for the evaluation of the nature and characteristics of the products. No exchanges or returns on items that have been customized, worn, used or damaged.

4. REIMBURSEMENT OF RETURNED PRODUCTS

If you return your products we will reimburse to you all payments received from you, (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than fourteen (14) days from the day on which we will have received the products in return. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.

8. REIMBURSEMENT OF RETURNED PRODUCTS

A. DEFAULTS NOTIFICATIONS

You must inspect the products at the time of delivery and notify us of any inconsistencies or defects in writing without undue delay. This notice shall be deemed to have been made without undue delay if it is sent within five (5) working days after delivery or, if the defect was not apparent during a normal inspection, no later than within three working days after the defect has been detected. If you fail to provide such notification, the products shall be deemed to be approved by you.

B. REPLACEMENT OF DEFECTED PRODUCTS

In the event of a non-conformity or defect in the product, you are entitled to request the repair of the defect or the replacement by another defect-free product. We are entitled to refuse the repair or replacement requested by the customer if such repair or replacement would result in unreasonable costs. If the product cannot be repaired or replaced within a reasonable period, you are entitled to cancel the sales agreement, reduce the purchase price or claim damages, in each case in accordance with applicable law.

This warranty does not affect your legal right as a consumer pursuant to articles 1649bis et seq. of the Belgian Civil Code (if applicable) or any mandatory statutory right that you may have based on local national law.

9. USER CONDUCT GUIDELINES

Any time you access or use the Website, you are required to comply with the user conduct guidelines herein. You agree that you will access and use the Website for your personal use only. You are not authorized to access or use the Website:

  • to impersonate any person or entity, or falsify or otherwise misrepresent your identity, credentials, affiliations or intentions;
  • to systematically retrieve information or content to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise;
  • if you are not able to form legally binding contracts (for example, if you are under 18);
  • if you are a person barred from receiving services under the laws of your jurisdiction of residence or other applicable jurisdiction; or
  • for any other purposes that are not expressly permitted by the Terms.

Further, you may not:

  • access, copy, distribute, share, publish, use or store any Website content, including any information from or about any other individual, for purposes that are inconsistent with our Privacy Policy, or otherwise violate the privacy rights or any other rights of any other third party, including by disclosing, selling, renting, distributing or exposing any Website content to a third party, using it for marketing purposes, or otherwise using it for any purposes unrelated to the Website;
  • access, copy, distribute, share, publish, use or store, or prepare derivative works from any Website content that belongs to Delvaux or another third party, including works covered by any copyrights, trademark, patent, or other intellectual property right, except with prior express permission of the person or entity party holding the rights to license such use;
  • circumvent our systems, policies, including by attempting to access or use the Website you have been temporarily or permanently prohibited or blocked from using the Website;
  • access, search, collect information from, or otherwise interact with the Website by “scraping,” “crawling” or “spidering” the Website, by the use of any software, device, script or robot, or by any other means (automated or otherwise) other than through the currently available, published interfaces that are provided by Delvaux, unless you have been specifically authorized to do so in a separate agreement with Delvaux;
  • use, display, mirror or frame the Website, or any feature, functionality, tool or content of the Website, Delvaux’s name, any Delvaux trademark, logo or other proprietary information, without Delvaux’s express written consent;
  • interfere with, disrupt, damage or compromise the Website or our systems or the access of any individual, host or network in any way, including through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, backdoors, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology or by overloading, flooding, spamming, mail-bombing the Website or otherwise imposing an unreasonable or disproportionately large load on the Website;
  • access, tamper with or use non-public areas of any of the Website, Delvaux’s computer systems, or the technical delivery systems of Delvaux’s providers;
  • probe, scan, or test the vulnerability of any system or network of Delvaux or its providers, or breach or circumvent any security or authentication measures of such system or network;
  • avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Delvaux or any of Delvaux’s providers or any other third party to protect the Website;
  • forge any TCP/IP packet header or any part of the header information in any e-mail or posting, or in any way use the Website to send altered, deceptive or false source-identifying information;
  • attempt to decipher, decompile, disassemble or reverse engineer any of the code or software used to provide the Website;
  • export or re-export the Website, except in compliance with the export control laws and regulations of any relevant jurisdictions;
  • otherwise abuse the Website or breach the Terms; or
  • attempt to do any of the foregoing, or advocate, encourage or assist any third party in doing any of the foregoing.

10. INTELLECTUAL PROPERTY

A. WEBSITE

Delvaux is the owner and/or authorised user of all trademarks, service marks, design marks, patents, copyrights, database rights and other intellectual property (collectively, the “Intellectual Property”) related to the Website and the products. Your use of the Website does not grant you any right, title, interest, or license to any such Intellectual Property rights. Except as provided in these Terms, any use or reproduction of the Intellectual Property is prohibited. You may not, in particular, copy or reproduce the Website and/or any part thereof, including the photos of the products.

​B. FEEDBACK

We welcome and encourage you to provide feedback, comments, ideas and suggestions for improvements, enhancements and modifications to the Website (“Feedback”). You may submit Feedback by e-mailing us, at service.customer-us@delvaux.com. You acknowledge and agree that all Feedback you give us (i) will be treated as non-confidential, and (ii) will be the sole and exclusive property of Delvaux. Without limiting the foregoing, you acknowledge that your Feedback may be disseminated or used by Delvaux or its affiliates for any purpose whatsoever, including developing, improving and marketing products. You agree to and hereby do irrevocably transfer and assign to Delvaux all of your right, title, and interest in and to all Feedback, including all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein, and waive any moral rights you may have in such Feedback. You agree to sign and deliver such documents, and otherwise provide such assistance, as may reasonably be required from time to time to perfect Delvaux’s rights in such improvements, enhancements and modifications.

The Website may also provide links to third-party websites, resources or services. You acknowledge and agree that Delvaux is not responsible or liable for (i) the availability, terms or practices of such websites, resources or services, or (ii) the content, products or services available on or through such websites, resources or services, including that any information provided is complete, accurate or up-to-date. Links to such websites, resources or services do not imply any endorsement by Delvaux of such websites, resources or services or the content, products or services available on or through such websites, resources or services. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites, resources or services or the content, products or services available on or through such websites or services. We will not be responsible or liable for any damage or harm resulting from your interactions with such websites or services, or the content, products or services available on or through such websites or services.

12. WARRANTIES BY USER

You represent and warrant to Delvaux that: (a) you have the power and authority to accept and agree to the Terms; (b) you will not violate any federal, state or local laws, rules or regulations or infringe the rights of any third party, including, any intellectual property, privacy or publicity-related rights, in connection with your access to or use of the Website and Services; and (c) all contact and payment information provided by you will be complete, accurate and up-to-date when provided, and updated as necessary to ensure that it remains complete, accurate and up-to-date.

13. DISCLAIMERS

EXCEPT AS EXPRESSLY PROVIDED HEREIN, THE WEBSITE AND PRODUCTS AVAILABLE THEREON ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT NOT PROHIBITED BY APPLICABLE LAW, DELVAUX EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, ARISING OUT OF COURSE OF DEALING OR USAGE OR TRADE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR TITLE OR RIGHTFUL CLAIM, WARRANTIES AS TO THE RELIABILITY OR AVAILABILITY OF THE WEBSITE, OR THAT USE OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE, AND WARRANTIES AS TO THE COMPLETENESS, ACCURACY OR TIMELINESS OF ANY WEBSITE CONTENT.

14. LIMITATION OF LIABILITY

A. EXCLUSIONS. These Terms do not purport to exclude or limit either party’s responsibility for loss or damage where it would be unlawful to do so. This includes any responsibility for death or personal injury caused by the responsible party’s failure to use reasonable care and skill; or for gross negligence or wilful misconduct.

B. LIMITATIONS. WITHOUT LIMITATION OF THE FOREGOING, YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT NOT PROHIBITED BY LAW:

  • THE ENTIRE RISK ARISING OUT OF OR RELATING TO YOUR USE OF THE WEBSITE IS AND REMAINS WITH YOU.
  • IN NO EVENT WILL DELVAUX BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR DAMAGES FOR LOST REVENUES OR PROFITS, LOSS OF GOODWILL, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, WHETHER BASED IN WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT DELVAUX HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
  • CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES AS SET FORTH IN THIS SECTION, SO THESE LIMITATIONS AND EXCLUSIONS APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW. IN THE EVENT THAT THE FOREGOING LIMITATION OF LIABILITY IS DETERMINED BY A COURT OF COMPETENT JURISDICTION TO BE UNENFORCEABLE, DELVAUX’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT SHALL BE LIMITED TO ONE HUNDRED U.S. DOLLARS (US$100).

15. INDEMNIFICATION

A. OBLIGATIONS. To the maximum extent not prohibited by applicable law, you agree to release, defend, indemnify, and hold Delvaux its parent, subsidiaries, affiliates, licensors and service providers, and its and their officers, directors, shareholders, agents, employees and representatives, harmless (collectively “indemnify” or any variation thereof) from and against any claims, liabilities, damages, losses, costs and expenses, including, any bodily injury, illness, death or damage to any real or personal property, or any other injuries, losses, or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind, and including reasonable legal fees and litigation expenses and costs, arising out of or relating to or in any way connected with (i) your access to or use of the Website, including any and all features, functionality, tools, content and promotions available on and through the Website; (ii) your breach of the Terms, including any violation of national, federal, state or local or other applicable laws, rules or regulations or any infringement or misappropriation of the rights of any third party, and (iii) your gross negligence or willful misconduct.

B. PROCEDURES. You agree that, at Delvaux’s option, you will conduct the defense of any such claim or action; provided that, notwithstanding our election that you conduct the defense, (i) Delvaux may nevertheless participate in such defense or settlement negotiations and pay its own costs associated therewith, and (ii) you will not enter into any settlement or other compromise without the prior written approval of Delvaux (which approval shall not be unreasonably withheld), unless such settlement or other compromise includes a full and unconditional release of the relevant parties from all liabilities and other obligations in respect of such claim or action.

16. FORCE MAJEURE

Neither party shall be held liable to the other party for any delay or failure to perform its obligations under these Terms if such delay or failure is due to an event beyond the reasonable control of such party including, but not limited to, the following events: strikes or labor disputes, embargo, epidemic, disease, natural disasters, governmental provisions, wars, fires, floods, explosions or popular movements. For avoidance of doubt, nothing in this article 16 affects your payment obligations. The existence of a force majeure event shall justify the suspension of the obligations of the party affected by force majeure. If such period of delay exceeds sixty (60) calendar days from the date of commencement of the force majeure event, then either party may terminate the applicable order immediately upon written notice to the other party.

17. PROTECTION OF PERSONAL DATA

Our Privacy Policy (https://www.delvaux.com/en/privacy-policy) sets out the terms on which Delvaux processes any personal data we collect from you, or that you otherwise provide or have provided to us (e.g. when purchasing a product) in accordance with applicable law.

You may exercise your rights (e.g. the right of access, rectification, deletion, opposition, etc.) by mail: Delvaux Design Coordination et Finance S.A., attention of the head of the legal department, 7, Boulevard Louis Schmidt, 1040 Brussels, Belgium; or by email to dataprivacy@delvaux.com.

18. SEVERABILITY; WAIVER

Whenever possible, the provisions of these Terms shall be interpreted in such a manner as to be valid and enforceable under the applicable law. If a provision of these Terms is found by any court or administrative body of competent jurisdiction to be invalid or unenforceable, that prohibition or unenforceability shall not invalidate the remaining provisions thereof which will remain in full force and effect. The parties agree to attempt to substitute for any invalid or unenforceable provision a valid and enforceable provision which achieves to the greatest extent possible the same effect as would have been achieved by the invalid or unenforceable provision. Our failure to exercise any right or enforce any obligation under these Terms or to take action with respect to a breach by you or others will not constitute a waiver of such right, obligation or breach. The waiver of any right, obligation or breach will be effective only if in writing and signed by a duly authorized representative of Delvaux. In addition, no waiver granted in any instance shall constitute a waiver in any other instance.

19. APPLICABLE LAW AND JURISDICTION

(i) You agree that any dispute resolution will take place in a state or federal court located in New York City, New York, and you and Delvaux consent to the personal jurisdiction of and exclusive venue in the state and federal courts within that county, and unequivocally waive any and all defenses and/or rights to challenge the jurisdiction or venue of such courts. Any claim, dispute or matter arising under or in connection with this Agreement shall be governed and construed according to the laws of the State of New York, excluding its choice of law rules.

(ii) YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST DELVAUX ONLY ON AN INDIVIDUAL BASIS AND HEREBY WAIVE THE RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING, TO THE MAXIMUM EXTENT NOT PROHIBITED BY APPLICABLE LAW. FURTHER, UNLESS BOTH YOU AND DELVAUX OTHERWISE AGREE IN WRITING, THE COURT MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING.

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