Legal notice

TERMS AND CONDITIONS OF WEBSITE USE


* LICENCES

DBApparel holds an exclusive, perpetual, and royalty-free license to manufacture, sell and distribute apparel products under the Playtex and Wonderbra trademarks in the member states of the EU, as well as in several other European nations and South Africa.

INTRODUCTION
It is our pleasure to welcome you to our website (hereinafter referred as “the Site”), accessible via the URL www.dbapparel.com.

The Site is operated by DBAPPAREL, incorporated and registered in France under company number 484 263 538, IDENT N°.VAT FR 92 484 263 538, and whose registered office is located at 2 rue des Martinets 92500 RUEIL MALMAISON (hereinafter referred as “DBAPPAREL”).. Its telephone number is: +33 1 47 59 15 15; its e-mail address is dbawebsite@dbaeu.com.

The Site is hosted by Claranet SAS and whose registered office is at 68, rue du Faubourg Saint Honoré 75008 PARIS, FRANCE; tel +33 1 70 13 70 00; fax +33 1 70 13 70 01; mail info@claranet.fr.
Access and use of the Site is subject to the following terms and conditions and Privacy Policy (hereinafter referred to as “the Conditions”).

CONDITIONS OF USE
PLEASE READ THE CONDITIONS CAREFULLY BEFORE USING THE SITE AND CONSULT THEM ON A REGULAR BASIS. BY USING THE SITE, YOU INDICATE THAT YOU ACCEPT THE CONDITIONS AND THAT YOU AGREE TO ABIDE BY THEM. IF YOU DO NOT ACCEPT ALL OR PART OF THE CONDITIONS, YOU ARE NOT AUTHORISED TO ACCESS OR USE THE SITE. THE PRIVACY POLICY IS INCORPORATED AND FORMS PART OF THESE CONDITIONS.

DBAPPAREL reserves the discretionary right to modify all or part of the Site, including the Conditions, at all times and without notice, in particular in order to comply with any new laws or regulations or for the sake of improvement. Your continued use of the Site after DBAPPAREL has made any modifications shall indicate your acceptance of any changes, which shall be binding on you.

You undertake to access and use the Site at your own risk and that you will comply with the laws and regulations in force and in effect in your jurisdiction, especially if such laws and regulations prohibit access to the Site and/or its content to certain persons.

Should you fail to comply with any part of these Conditions, without prejudice to any other remedies it may have, DBAPPAREL reserves the right to suspend your access and use of the Site without notice. At our option and request, for any reason, you shall destroy any and all copies you might have made of the content of the Site or any part of it.

USE OF THE CONTENT OF THE SITE
The Site and its components (such as the texts, photographs, trademarks, logos, illustrations, animations, graphic representations, diagrams, clips, videos, domain names, etc...) are protected worldwide by intellectual property rights, other proprietary rights and other laws, and, unless otherwise provided, are the exclusive property of DBAPPAREL or are licensed to DBAPPAREL. All such rights are reserved.

You may print off one copy, and may download extracts, of any page from the Site solely for information purposes, exclusively for use that is strictly personal, domestic, educational and private, and provided that no modification of the Site is made and that all trade marks and copyright symbols © displayed on the Site remain intact.

Any other use of the Site or its components, whether wholly or partially, in particular by means of downloading, reproduction, transmission or representation, broadcasting, posting, distribution, integration into a derivative work, and the making of copies for any other purposes, in particular of a public and/or commercial nature, or any alteration of the Site, is expressly prohibited, regardless of the manner and purpose.

Other than as specifically set out in these Conditions, no license or any other right is granted concerning the Site or any part of it.

Conception and realization of the website: VERBE Agency - 5, rue Feydeau | 75002 Paris | France

LINKS
The Site may include links to other websites or other Internet sources. DBAPPAREL has not verified and cannot control the content of other websites or Internet sources, in particular as to their accessibility, content (information, advertising, products, services...), action, confidentiality, or their policy of personal data and the protection of them.

DBAPPAREL does not give any guarantee concerning such external sources and/or their content, and may not be held liable for any reason whatsoever for any proven or alleged damages resulting, directly or indirectly, from access or use of external sources and/or their content. Recourse to these sites by you shall be at your own risk. Further, DBAPPAREL shall not be responsible for any purchases you make from such sites and any purchases shall be subject to the terms and conditions of that site.

The creation of links to the Site or any part of it shall be prohibited unless with DBAPPAREL’s written, express and prior authorization. For all authorization requests, please contact us at the following email address: dbawebsite@dbaeu.com. Any authorizations given may be revoked at any time by DBAPPAREL, without notice and without any liability of any type for any reason whatsoever.

Any and all sites having a link to the Site or any component of the Site are not under the control of DBAPPAREL and DBAPPAREL may not be held liable for any proved or alleged damages resulting, directly or indirectly, from access or use of these external sources and/or their content.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
ACCESS TO THE SITE IS PERMITTED ON A TEMPORARY BASIS AND DBAPPAREL RESERVES THE RIGHT TO WITHDRAW ACCESS TO THE SITE WITHOUT NOTICE FOR REASONS OF MAINTENANCE, SECURITY, UPDATING AND FOR ANY OTHER REASON. DBAPPAREL SHALL NOT BE LIABLE IF, FOR ANY REASON, THE SITE IS UNAVAILABLE AT ANY TIME OR FOR ANY PERIOD.

DBAPPAREL DOES NOT WARRANT THAT ALL OR PART OF THE SITE IS AVAILABLE OR ADAPTED TO ALL COUNTRIES IN THE WORLD. DBAPPAREL DOES NOT GIVE ANY WARRANTY, EXPRESS OR IMPLIED, CONCERNING ALL OR PART OF THE CONTENT OF THE SITE AND/OR ITS TECHNICAL FUNCTIONING.

NOTHING ON THE SITE IS INTENDED TO AMOUNT AN ADVICE ON WHICH RELIANCE MAY BE PLACED. DBAPPAREL DISCLAIMS ALL LIABILITY AND RESPONSIBILITY ARISING FROM ANY RELIANCE PLACED ON THE CONTENTS OF THE SITE BY ANY PERSON.

DBAPPAREL DOES NOT GIVE ANY WARRANTY IN ANY MANNER WHATSOEVER THAT THE CONTENT OF THE SITE IS EXEMPT FROM ANY ERRORS, INACCURACIES, OMISSIONS AND BUGS, MALICIOUS SOFTWARE (INCLUDING BUT NOT LIMITED TO VIRUSES AND TROJANS), DEFECTS, INTERFERENCE WITH RIGHTS OF THIRD PARTIES, OR THAT IT HAS BEEN ADAPTED FOR A PARTICULAR PURPOSE OR USE. YOU EXPRESSLY AGREE UNRESERVEDLY THAT YOUR ACCESS AND USE OF THE SITE IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY THE APPLICABLE LAW, DBAPPAREL, ANY AFFILIATE COMPANY OF DBAPPAREL, AND ANY THIRD PARTY CONNECTED TO DBAPPAREL OR THE SITE, HEREBY EXPRESSLY EXCLUDE:
•    ANY DIRECT, INDIRECT, OR CONSEQUENTIAL LOSS OR DAMAGE CAUSED BY, ARISING FROM OR CONNECTED TO THE SITE, ACCESS TO OR INABILITY TO ACCESS THE SITE, OR THE USE OF THE SITE AND/OR ITS CONTENT OR OF ANY INFORMATION TAKEN DIRECTLY OR INDIRECTLY FROM THE SITE, INCLUDING WHERE DBAPPAREL HAS PREVIOUSLY BEEN WARNED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE, AND INCLUDING, WITHOUT LIMITATION, ANY LIABILITY FOR: LOSS OF INCOME; LOSS OF REVENUE; LOSS OF BUSINESS; LOSS OF PROFITS; LOSS OF CONTRACTS; LOSS OF SAVINGS; LOSS OF DATA; LOSS OF GOODWILL; WASTED TIME; OR FOR ANY OTHER LOSS OR DAMAGE OF ANY KIND, HOWEVER ARISING AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE;
•    ALL CONDITIONS, WARRANTIES AND OTHER TERMS WHICH MIGHT BE IMPLIED BY STATUTE, COMMON LAW, EQUITY OR ANY OTHER LAW OR REGULATION; AND
•    ANY LOSS OR DAMAGE, SPECIFICALLY INCLUDING BUT NOT LIMITED TO DAMAGE TO EQUIPMENT, HARDWARE, SOFTWARE OR ANY DATABASE, CAUSED BY YOUR USE OF THE SITE, ANY PART OF THE SITE, OR BY A DENIAL-OF-SERVICE ATTACK, VIRUSES, TROJANS, WORMS, OR ANY OTHER TECHNOLOGICALLY HARMFUL CODE OR MATERIAL.

NOTHING IN THESE CONDITIONS SHALL AFFECT ANY PARTY’S LIABILITY (INCLUDING BUT NOT LIMITED TO DBAPPAREL’S LIABILITY) FOR DEATH OR PERSONAL INJURY ARISING FROM NEGLIGENCE, NOR ANY LIABILITY FOR FRAUDULENT MISREPRESENTATION OR MISREPRESENTATION AS TO A FUNDAMENTAL MATTER, NOR ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

NON WAIVER / SEVERABILITY
In the event that DBAPPAREL does not enforce any of its rights under these Conditions, it shall not be construed as a waiver of any of DBAPPAREL’s rights, or as a waiver of the application of any of your obligations in these Conditions.

IF ANY PART OF THESE CONDITIONS SHALL BE DEEMED INVALID, VOID OR FOR ANY REASON UNENFORCEABLE BY A COURT OF COMPETENT JURISDICTION, THAT PART SHALL BE DEEMED SEVERABLE AND SHALL NOT AFFECT THE VALIDITY AND ENFORCEABILITY OF ANY REMAINING PART OF THESE CONDITIONS.

APPLICABLE LAW AND JURISDICTION
By visiting the Site, you agree: (a) that French law, without regard to principles of conflict of laws, will govern these Conditions; and (b) that the French courts will have exclusive jurisdiction over any claim arising from, or related to, the Site (including its use or access) although DBAPPAREL shall have the right to bring proceedings against you in your country of residence or any other relevant country.

PRIVACY POLICY
DBAPPAREL and any affiliate company, which means our subsidiaries, our ultimate holding company and its subsidiaries, acknowledge the importance of protecting the privacy of all the users of the Site. Access and use of the Site is subject to this confidentiality and protection of personal data policy (hereinafter “Privacy Policy”). The Privacy Policy governs how DBAPPAREL and any affiliate company will gather, process and disclose personal data that you provide through the Site.

Any personal information collected by DBAPPAREL on the Site is governed by the provisions of the January 6th 1978 n°78-17 Act related to the Information Technology, Data Protection and Freedom (Loi Informatique et Libertés), modified by the August 6 2004 Act. Our data base is in conformity with the CNIL (Commission Informatique et Libertés) n°48 standard, under number 1518096.

The data controller is DBAPPAREL.

PLEASE READ THE PRIVACY POLICY CAREFULLY BEFORE USING THE SITE AND CONSULT THEM ON A REGULAR BASIS. YOU CONFIRM THAT, HAVING BEEN MADE AWARE OF THE EXISTENCE OF THE PRIVACY POLICY UPON ENTERING THE SITE, AND OF THE NEED TO REVIEW THIS POLICY, YOUR CONTINUED ACCESS OR USE OF THE SITE SHALL CONSTITUTE A FULL AND ENTIRE ACCEPTANCE BY YOU OF THE PRIVACY POLICY .

If you do not accept all or any part of the Privacy Policy, you are not authorized to access the Site and you must not continue using it.

NATURE OF PERSONAL DATA COLLECTED ON THE SITE
DBAPPAREL may collect and process data of a personal nature about you, including but not limited to the following data:
•    information provided by you when you fill in forms on the Site,  when you upload material to the Site, or when you report a problem with the Site;
•    information provided by you in any correspondence you send to DBAPPAREL or any of its affiliate companies;
•    information collected by cookies (details of your visits to the Site including, but not limited to, traffic data, location data, weblogs, other communication data, and the resources that you access) when, combined with other information (e.g. IP address), they allow us to identify you.

Supplying this information is optional. You will be duly informed beforehand. If you decide to provide personal data, the mandatory or optional nature of the fields to be completed with will be clearly indicated.

You have the opportunity to correct your personal contact and billing information at any time as explained below.

DBAPPAREL does not intend to gather personal data from children under the age of 13. However, if a child under thirteen provides us with personal data, his parents or guardians are required to ask us to delete this information from our files by sending a letter to

DBAPPAREL
2 rue des Martinets
92500 Rueil-Malmaison
FRANCE

or an e-mail to dbawebsite@dbaeu.com

You may request the amendment or the deletion of your personal data by sending a letter, at any time and at no cost, to
DBAPPAREL
2 rue des Martinets
92500 Rueil-Malmaison
FRANCE

or an e-mail to dbawebsite@dbaeu.com

DBAPPAREL may also collect non-personal information.

USE OF PERSONAL DATA
DBAPPAREL use personal data held about you in the following ways:
•    to process your requests;
•    to better meet your expectations (e.g. to ensure that content on the Site is presented in the most effective manner);
•    to provide you with information that you request;
•    where you have consented, to provide you with information by post, telephone or email about special events, services offered by DBAPPAREL, new products, and future promotions.

If you receive marketing e-mails from us, you will be able to opt-out of these mailings by clicking on a link in the e-mail you receive.

RECIPIENTS OF PERSONAL DATA
DBAPPAREL will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Policy.

DBAPPAREL may disclose your personal information to any affiliate company, which means our subsidiaries, our ultimate holding company and its subsidiaries.

DBAPPAREL may also make your data available to a third party if it is required to do so by a legal or regulatory provision or a decision from a legal authority, or if DBAPPAREL believes in good faith that this disclosure is necessary to identify or contact a person or initiate proceedings against a person likely to have violated these Conditions or is likely to cause damage to other users of the Site. We may also exchange information with other companies and organizations for the purposes of fraud protection.

DBAPPAREL may also select suppliers of independent services in order to administer and/or operate certain functions and/or services relating to the Site. The proper performance of these functions and services may require a transfer of the information you have provided to allow them to process personal data on our behalf. Any such transfer would be subject to strict contractual obligations regarding confidentiality and security.

Finally, should DBAPPAREL, or all or part of its assets, be acquired by a third party, the list of the users of the Site or other personal data may be included in the assets that are sold and may be shown to any prospective buyer of such assets.

Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to the Site. Any transmission is at your own risk

COOKIES
DBAPPAREL wishes to place a “cookie” on your computer’s hard disk. A cookie does not allow DBAPPAREL to identify you. However, it automatically records information relative to your browsing on the Site (frequency of access, pages consulted, consultation date and time, actions on the Site, etc...), which DBAPPAREL will be able to read during your subsequent visits.

The information stored in the cookie is used by DBAPPAREL in order to analyse your browsing on the Site, to make the Site more useful, and to measure the Site’s audience size and the efficiency of communication with the users of the Site. The cookie is also used to customize your interactions and to offer increased convenience each time you access the Site.

You can prevent cookies from being saved on your computer by activating the setting on the internet browsing software you use which allows you to refuse cookies and prevent them from being saved on your computer. Please note that certain of the Site’s functionalities will not be available if cookies are deactivated.

Unless you have adjusted your internet browsing software so that it will refuse cookies, a cookie will be saved on your computer when you access the Site.

We may also use electronic image requests (also called “web beacons” or “single-pixel gifs”) to count page views and to access cookies. The web beacons do not collect, gather, monitor or share any Personal Information; they are used only to compile anonymous information about Site usage. DBAPPAREL may use web beacons or other methods to collect information about your computer, including but not limited to your IP address, pages of the Site that you visit, and details of your operating system and your internet browsing software. This information does not identify you and is used for administration purposes and to report statistical data about the Site’s users, including their browsing actions and patterns, to advertisers.

TRANSMISSION OF UNSOLICITED INFORMATION
Please refrain from sending DBAPPAREL unsolicited information or content (whether by email, post, or by uploading such information to the Site) including, but not limited to, materials of a commercial, advertising, creative or promotional nature, proposals of concepts, know-how, techniques, ideas and related information (hereinafter “Unsolicited Information”).

With the exception of personal data, all Unsolicited Information will be considered as non-confidential and non-proprietary information free from all rights, and consequently shall not be covered by the Privacy Policy.

You warrant and guarantee that any Unsolicited Information you send to DBAPPAREL does not violate the rights of any third party, or any regulation or law, and you acknowledge that you are solely responsible for the content of this information.

You acknowledge and agree that by sending Unsolicited Information, you provide DBAPPAREL with a perpetual, irrevocable, non-exclusive, worldwide, royalty-free and transferable license to use the Unsolicited Information for any purpose whatsoever and with a full right to sub-license. DBAPPAREL has no obligation to respond or confirm its reception, and has only a right to use it but no obligation. DBAPPAREL may disclose your identity to any person who claims that Unsolicited Material sent by you infringes their intellectual property rights, any other proprietary right, privacy rights, or is defamatory/libellous.

You agree that the content of any Unsolicited Information may be used by DBAPPAREL, with no financial compensation for yourself or any other person, reproduced, presented, modified, disclosed, published, displayed, printed, copied, translated, distributed, adapted, grouped, transferred to any third party of its choice, transmitted to anyone, separately or together with other works, on any current or future medium whatsoever, using any current or future process and for all purposes, notably but not limited to promotional purposes, advertising purposes, the development and marketing of products or any other commercial purpose.

SECURITY
Unfortunately, the transmission of information via the Internet is not secure and cannot be completely protected from illicit interference from third parties. Communications via the Internet may potentially be intercepted, lost or modified and any transmission is therefore at your own risk. Once DBAPPAREL receives the information, it will employ security features to attempt to prevent unauthorized access.

ACCESS, MODIFICATION AND DELETION OF INFORMATION
You have the right to access, modify, delete and oppose the processing of your personal data and their use for prospecting purposes.

You can exercise those rights, at any time and at no cost, by sending a letter to
DBAPPAREL
2 rue des Martinets
92500 Rueil-Malmaison
FRANCE

or an e-mail to dbawebsite@dbaeu.com

Please note that it will take from 4 to 6 weeks to process any request.

NON WAIVER / SEVERABILITY
In the event that DBAPPAREL does not enforce any of its rights under this Privacy Policy, it shall not be construed as a waiver of any of DBAPPAREL’s rights, or as a waiver of the application of any of your obligations in these Conditions.

IF ANY PART OF THIS PRIVACY POLICY SHALL BE DEEMED INVALID, VOID OR FOR ANY REASON UNENFORCEABLE BY A COURT OF COMPETENT JURISDICTION, THAT PART SHALL BE DEEMED SEVERABLE AND SHALL NOT AFFECT THE VALIDITY AND ENFORCEABILITY OF ANY REMAINING PART OF THIS PRIVACY POLICY.

APPLICABLE LAW AND JURISDICTION
By visiting the Site, you agree: (a) that French law, without regard to principles of conflict of laws, will govern this Privacy Policy; and (b) that the French courts will have exclusive jurisdiction over any claim arising from, or related to, the Site (including its use or access) although DBAPPAREL shall have the right to bring proceedings against you in your country of residence or any other relevant country.