USE OF SITE AND ITS SERVICES
You must be of legal age in your country of residence to be authorized to use the Site.
You agree not to exchange, modify, copy, reproduce, publish, post, transmit, distribute, on-screen display, perform, transfer or sell posts, messages, texts, files, images, pictures, videos, sounds or any other element (the « Content ») from the Site, including but not limited to any text, image, audio or video, for any purpose whatsoever.
You agree not to interrupt or attempt to interrupt the operation of the Site or any services offered through the Site in any way.
In accordance with the present ToU, Morphée grants You a worldwide, non-exclusive, non-transferable, non-sellable and limited right to access, display and use the Site.
You agree not to upload, post or transmit, through the Site or any of the Services, any materials which:
restrict or interrupt access to the Site and/or the Services by another individual;
are fraudulent, unlawful, prejudicial, threatening, abusive, tortious, defamatory, obscene, hateful, harassing, or violate the privacy of others;
constitute or encourage conduct that could lead to criminal prosecution, give rise to civil liability or would otherwise constitute infringement of any applicable law;
violate or infringe the rights of a third party, including, without limitation, patent, trademark, trade secret, copyright, or any other proprietary or personality rights;
contain a virus, a malware, a software whose purpose is to index the Site’s Content, data exploration process, robots, spiders or devices for data collection and extraction tools or any similar harmful component; or
are promotional unsolicited or unauthorized advertising content such as spam, chain letters, pyramid schemes or any other form of solicitation.
Notwithstanding the above limitations, a limited exception is granted to Internet search engines for general and non-commercial public archives that use tools to collect information for the sole purpose of displaying hyperlinks to the Site, provided that each of them proceed so from a fixed IP address or range of IP addresses using an easily identifiable agent.
The purpose of the Site is to display and sell through an online store Morphée products. Sale of products is governed by the ToU and by Morphée’s Terms of Sale («ToS ») available through the following link: TOS. Please note that although the Site is available worldwide, purchase of products through the Site is restricted to consumers domiciled in the territories specified in the ToS, which you must read before placing an order on the Site. Morphée may, temporarily or permanently and in its sole discretion, implement new Services such as newsletters, emails, instant messaging, blogs, discussion forums or other services on or through the Site.
MODIFICATION, SUSPENSION OR
TERMINATION OF SERVICES
Morphée reserves the right, without prior notice and in its sole discretion, to partially or fully cancel or restrict Your right to access or use the Site and/or to modify or terminate any Service. You understand and agree that Morphée may do so without any liability whatsoever.
You may register on the Site to obtain a personal account ( a “User Account”).
Your User Account allows You to obtain the following benefits:
Speed up the payment process of Your purchases
Check the status of Your orders
Review Your previous orders
Modify Your account information
Change Your password
Add alternative delivery addresses (for your family and friends)
Sign up for Morphée newsletters
If you have forgotten your password, Morphée may send You a new one through a secured Internet connection to the e-mail address You provided when You registered. You may then log in again to Your user account in order to change Your password.
Upon registration, You agree and undertake:
to provide only true, current, complete and accurate information, as requested in the registration form or any other forms from the Site;
to maintain and update the information provided to Morphée;
to maintain the confidentiality of Your username and password, and
to accept full liability with respect to any activity related to the use of Your username and password.
Your are responsible for any loss, expense, damage and any additional costs resulting from the disclosure of false, incorrect or incomplete information from You, or Your failure to update the information provided at time of registration or at any other time during Your use of the Site and/or of its Services.
CONTENT OF THE SITE
Morphée undertakes to provide adequate descriptions and visual representations of the products presented on the Site. Morphée does however not warrant that the information or graphics contained on the Site or that are accessible through the Services would be at any time reliable, accurate, up-to-date, useful or comprehensive.
LINKS TO THIRD-PARTY WEBSITES
Creation or continued operation of a link to the Site can only be made with the prior written consent of Morphée. However, Morphée may, without prior notice and in its sole discretion, temporarily or permanently, at any time, revoke any such authorization without any liability whatsoever for such revocation.
The Site may contain links to other websites or may itself be accessible through links from other websites. Morphée provides and allows those links for Your convenience only and is not liable for the content of any websites linked to or from the Site. The integration of links to the Site does not indicate that Morphée approves of, endorses, sponsors or recommends those websites. Thus, Morphée disclaims any and all warranties, express or implied, regarding the accuracy, lawfulness, reliability or validity of any content on any other website.
SECURITYOF ELECTRONIC DATA TRANSFER
Morphée undertakes to maintain at all times the highest standards of security. However, no Internet data transmission may be considered completely safe and private. You understand that any message or information that You send to the Site or through the Services may be read or intercepted by others. Sending an email to Morphée shall not create any reciprocal obligation or responsibility of Morphée towards You.
Morphée cares about Your privacy.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL MORPHEE, ITS AGENTS, STAFF AND DIRECTORS BE LIABLE FOR ANY DAMAGE RESULTING FROM YOUR USE OF THE SITE AND THE SERVICES AND / OR RESULTING FROM THE BEHAVIOR OF OTHER USERS. IN PARTICULAR, MORPHEE SHALL NOT BE LIABLE FOR DAMAGE RESULTING FROM TECHNICAL, TECHNOLOGICAL OR OTHER ISSUES, ARISING FROM YOUR USE OF THE SERVICES.
INVALIDITY AND SEVERABILITY
If any provision of the ToU is found to be void, invalid or unenforceable by a competent court for any reason whatsoever, such provision shall be enforced to the fullest extent possible to reflect the parties’ intent.This shall not affect the validity and enforceability of any remaining provision of the ToU, which shall remain in full force and effect.
GOVERNING LAW AND JURISDICTION
Any contract or agreement with Morphée is governed and construed in accordance with the laws of France, without application of their conflict of laws rules.
Any dispute, claim or controversy arising directly or indirectly from the conclusion, interpretation or performance of any contract with Morphée shall be subject to the exclusive jurisdiction of the Courts of Paris, France.
YOUR PERSONAL DATA
If You place an Order on the Site, You will have to transmit to Morphée the following information:
· Prefix (sex)
· First Name
· Home or delivery address
· Zip Code
· Email address
· Telephone number
· Billing Information
This information constitutes Your "Personal Data".The Site may also collect and process technical data, including the IP address or navigation information related to Your terminal. By placing an order on the Site, You expressly consent to the collection of Your Personal Data in order to process Your order and ensure the after-sales service.
You can register on the Site to receive Morphée’s newsletters by email ("Newsletter(s)") regarding its news, new collections and latest trends. You can unsubscribe by clicking on the link provided for this purpose in the Newsletters You receive. Your data may be passed on to other Morphée companies and service providers for the same purposes.
UNDERTAKING OF MORPHEE JOAILLERIE PARIS
Morphée undertakes to collect and process Your personal data in strict compliance with the following regulations: i) French Federal Law on Data Protection, including all amendments to date ("LPD"), and ii) the European Regulation (EU) 2016/679 (General Data Protection Regulation – “GDPR”). The processing of personal data collected from the Site was notified to the Federal Data Protection and Information Commissioner.
In accordance with the ToUs, available through the following link ToU, minors are not allowed to use the Site and Morphée does not collect data from minors. If You are the parent or legal guardian of a minor who has registered on the Site, please contact Morphée at the following address email@example.com, to have the registration of Your child deleted.
USE OF YOUR DATA
Morphée, acting as data controller of the data listed in article 2 above, endeavors to respect the conditions of both the LPD and the GDPR, including implementing technical and organizational measures to protect Your Personal Data against destruction, theft or unauthorized access.
Morphée uses Your Personal Data solely for the operation of the Site and its Services, for customer relationship management (such as purchase, delivery, after sales service, issuance of an invoice duplicate, return management), for ensuring the security of transactions made on the Site (fraud prevention and payment incident prevention) and for analysis purpose. Your Personal Data are processed in accordance with the purposes stated when collecting.
Morphée may transmit Your Personal Data to its carrier and/or the financial institution through which payments are made, only in the fulfillment of an Order from the Site. Morphée does not transmit Personal Data to third parties other than those mentioned above without Your express consent.
Morphée may share Your Personal Data with third party services providers (including outside of the European Union) to process your order and your delivery, and/or to fight fraud or attempts of fraud. Morphée may also disclose Your Personal Data to third parties who provide services on or to the Site.
Morphée may also disclose Your Personal Data to other affiliates in order that such affiliates may contact You with respect products and services that may be of interest to You. If You do not want to receive such information by email, you may opt out by clicking on the “Unsubscribe” link at the bottom of each email.
Morphée may disclose your Personal Data if we believe in good faith that such disclosure is necessary to comply with applicable law, a subpoena or other legal process, or to protect Morphée’s interests.
DURATION OF DATA RETENTION
Morphée will retain Your Personal Data only for the time necessary to provide the Services.
Your Personal Data will be deleted when You decide to close Your User account with Morphée.
Your User account on the Site will be active as long as You have not decided to close it or as long as You continue placing purchases on the Site.
Over ten (10) years of inactivity, of Your User account will be disactivated. At the end of this ten (10) year period, Morphée may contact You to find out whether You want to (i) continue to receive newsletters and other communications from Morphée and / or (ii) keep Your User account active on the Site.
Morphée reserves the right to keep Your Personal Data for a longer period, for statistical purposes, or in cases of suspected illegal activities on the Site, or for probative purposes (including accounting) during statutory limitation period.
Morphée may also keep for record purposes copies of communications with users of the Site and any response to questions and/or comments sent to Users by our Customer Service.
LINKS TO OTHER SITES
Morphée recommends that You review the privacy statements posted on other third parties’ websites to understand the procedures for collecting and using data.
SECURITY OF YOUR DATA
Morphée implemented appropriate technical and organizational measures to protect Your Personal Data.
A strong and strict confidentiality obligation applies to Morphée’s employees who need to have access to Your Personal Data.
Transactions processed on the Site are protected by an SSL encryption process. Morphée reminds you, however, that no data transmission over the Internet is 100% secure and that all information communicated online can be potentially intercepted and used by people other than the intended recipient.
ENFORCEMENT OF YOUR RIGHTS
You can contact Morphée at any time to access Your Personal Data, to update, correct or delete them, by writing to the following address: firstname.lastname@example.org
In order to satisfy Your request, our Customer Service will require a copy of a proof of identity.
If applicable, You must ensure that you provide Morphée with any changes to Your Data, in particular to allow us to ship Your orders to the correct address and to contact You if necessary.
In case of dispute regarding the manner Morphée collects and processes Your Personal Data, You may report a complaint directly by e-mail to email@example.com.