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The following Terms and Conditions and any other rules including any guidelines and future modifications posted on this website (collectively the “Terms”) constitute an agreement between Deux Hommes and or its Affiliates (“we”, “our”, “us”) and you, the visitor, governing your access and use of all content, software, functionalities and services including, membership, content creation and the purchase of products on the Deux Hommes website, related micro-sites accessed through the URL www.deuxhomm.es, related domain names, and any other website or micro-site of Deux Hommes (collectively the “Site”).
You agree that your access to and use of the Site and our services is subject to your agreement to the Terms, which is a binding agreement between you and us. By accessing, browsing, using and/or registering for an account and submitting content on the Site you acknowledge that you have read, understood, and agree to be bound by the Terms. You may also agree to be bound by the Terms by clicking a box stating acceptance if prompted.
By accessing the site you hereby represent and warrant that you are 18 years of age. If you are not 18 years of age, you are not authorized to use the Site without the consent of a parent or guardian. If you are not 18 years of age, or if you do not agree to the Terms then please discontinue using the Site immediately and do not access or use the Site in any manner.
We reserve the right, at our sole discretion, to change, modify, add, or delete portions of the Terms at any time without further notice. If we do this, we will post the changes to the Terms on this page and will indicate at the top of this page the new effective date. Your continued use of the Site after any such changes constitutes your acceptance of the revised Terms. If you do not agree to abide by the Terms or any future revised Terms, do not use or access the Site. It is your responsibility to regularly review the Terms. Your continued use of the Site following the effective date will constitute your binding acceptance of an agreement to be bound by the changes specified therein.
Deux Hommes respects the privacy of its members and will not monitor, edit, or disclose any personal information about you or your profile and account at Deux Hommes, including its contents, without your permission unless Deux Hommes has a good faith belief that such action would be necessary to conform to legal requirements or comply with legal process, protect and defend the rights of Deux Hommes, enforce the Terms of Service, or act to protect the interest of Deux Hommes members or others. Deux Hommes may provide certain user information in the aggregate to third parties for demographics.
You agree that Deux Hommes may access your account and its contents as stated above to respond to service or technical issues.
When you visit the Site or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
To order a product, create a profile, and upload content at Deux Hommes, you will need to register, login and follow the procedures set out in the “Registration and Login” section of our FAQs. In the course of your use of the Site, you may be asked to register as a user and provide certain personalized information to Deux Hommes. You represent that all information you provide during the registration process and at any time thereafter will be true, accurate, complete, and current and that you will promptly update your information as necessary such that it is, at all times, true, accurate, complete, and current.
You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Deux Hommes will not be responsible or liable for any loss or damage arising from your failure to comply with this provision. Deux Hommes reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
You are aware, and understand that all information, data, text, music, sound, photographs, video, messages, software or other materials (hereinafter “content”), whether transmitted privately or posted publically are the responsibility of the content creator. This means that you are responsible for the entirety of all content you upload, post or transmit via any of Deux Hommes’ services. Deux Hommes is not responsible for your content and does not control the content posted on individuals’ profiles or portfolios and as such does not guarantee its accuracy, integrity or quality. You understand that in using the services provided by Deux Hommes, you may be exposed to content that is offensive, indecent, or objectionable. The opinions and views expressed by Deux Hommes’ members do not necessarily represent those of Deux Hommes.
Deux Hommes reserves the right to modify or remove anything submitted and to cancel any membership at any time, for any reason, and without prior notice. In addition, Deux Hommes has sole discretion to terminate your account or block your access to certain features for violation of the Terms of Service.
You agree to notify Deux Hommes immediately of any unauthorized use of your account or any other breach of security.
The following is a nonexclusive list of conduct prohibited on Deux Hommes:
Deux Hommes reserves the right to report violations of any of these provisions to, and cooperate with, law enforcement authorities.
Deux Hommes does not claim ownership of the content you place on Deux Hommes. Members who wish to submit content for publication on the Deux Hommes website shall submit content to [email] for evaluation. By submitting content to Deux Hommes for inclusion on the Site or to your profile or portfolio, you grant Deux Hommes a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Deux Hommes and its sub-licensees the right to use the name that you submit in connection with such content, if they choose.
You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Deux Hommes for all claims resulting from content you supply. Deux Hommes has the right but not the obligation to monitor and edit or remove any activity or content. Deux Hommes takes no responsibility and assumes no liability for any content posted by you or any third party.
You also signify that you have full power and authority to comply with the Terms of Service without violating the right of others and agree that your use of Deux Hommes and its services will comply with the Terms without violating the rights of others.
Buying Products On Our Website
After placing an order with us, you will be sent an email acknowledging that we have received it.
We must receive payment of the whole of the price for the goods that you order before your order can be accepted. Once payment has been received by us and availability of the product you have ordered is verified, we will send you an email confirming that your order has been accepted and has been dispatched. Our acceptance of your order brings into existence a legally binding contract between us.
Product Descriptions Deux Hommes takes every care to ensure that the description and specification of our products are correct at the time of publication. However, Deux Hommes does not warrant that product descriptions or other content of this site are accurate, complete, reliable, current, or error-free.
However, while the color reproduction of the products is a close representation, we cannot accept any responsibility for any variation in color caused by the browser software or computer system used by you. Orders will only be accepted if there are no material errors in the description of the goods or their prices as advertised on this website. If a product offered by Deux Hommes itself is not as described, your sole remedy is to return it in unused condition.
Availability All items are subject to availability. We will inform you as soon as possible, before accepting your order, if the goods you have ordered are not available.
Prices and Payment
All prices on the Site are given in US Dollars ($) and do not include sales tax or delivery costs. Please see the FAQs for current delivery costs and delivery dates by clicking here.
Except where noted otherwise, the List Price displayed for products on our Site represents the full retail price listed on the product itself, suggested by the manufacturer or supplier, or estimated in accordance with standard industry practice; or the estimated retail value for a comparably featured item offered elsewhere. The List Price is a comparative price estimate and may or may not represent the prevailing price in every area on any particular day. You must pay by debit or credit card at the time of the order. With respect to items sold by Deux Hommes, we cannot confirm the price of an item until you order; however, we do NOT charge your debit or credit card until after your order has entered the shipping process. Despite our best efforts, a small number of the items in our catalog may be mispriced. If an item’s correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. The price of any product is the price listed at the date and time of your order. We may change the price of any product before you place an order.
In the United States all sales on the Site that are shipped to an address within New York State are subject to Sales and Use Tax. The sales tax will vary depending on where the merchandise is shipped and will be calculated at checkout.
Items of clothing and footwear costing less than $110 are exempt from the 4% sales tax in New York State as well as the local sales tax charged by New York Cities and certain other counties.
Order Cancellation By You Under the Distance Selling regulations, you have the legal right to cancel your order within 14 business days of receipt of the goods. If you want to cancel your order, you need to notify us in writing within those 14 days and request a Return to Vendor number (RTV). Once you have notified us, the cost of merchandise that was debited from your credit or debit card will be re-credited to your account as soon as possible, and in any event, within 30 days of your order. Shipping costs will not be refunded.
Conditions in Relation to Returns
All items intended for return must have a Return to Vendor number (RTV). RTVs must be obtained within 14 business days of receipt of delivery by clicking here and completing the RTV form. We will then reply with a RTV number. Once you have received this number, please ensure that you follow the instructions emailed to you.
Notification of returns received beyond 14 days will not be accepted. For all returns, except where the item is defective, you will be required to arrange and pay for the return of the products to us.
We will only accept returns provided that the goods in question are returned by you and received by us in the condition they were in when delivered to you. If you do not return the goods delivered to you or do not pay the costs of delivery, we shall be entitled to deduct the direct costs of recovering the goods from the amount to be re-credited to you. You have a legal obligation to take reasonable care of the items while they are in your possession. If you fail to comply with this obligation, your entitlement to a refund may be affected. Do not remove tags until you are completely satisfied that the items will not be subject to return. Items must be returned with their original packaging including, in the case of shoes, original boxes. Unless a perfume is defective, it may not be returned unless it is in new, unopened condition with all original packaging intact. We do not permit the return of sale merchandise or provide refunds on it.
This is not intended to be a full statement of your rights under the distance selling regulations. Full details of your rights under the distance selling regulations are available from your local Citizen’s Advice Bureau or your Local Authority’s Trading Standard’s Office.
Defective items will only be accepted if the goods we have delivered to you were damaged on arrival. All items returned as defective will be inspected and any items deemed subject to fair wear and tear will not be accepted as defective. Where possible, items may be repaired on request, but only where such items are deemed defective and repairable. Repairs do not come with any guarantees.
We will replace a defective item if a replacement is in stock and available. If you wish to be sent a replacement or request an exchange, please make your request clear when completing your RTV request form. As stated above, the RTV form must be submitted to us within 14 days of receipt of your merchandise.
If we are unable to offer you a replacement, we will refund the value of the item at the time of purchase. Please note that refunds onto credit cards can take up to 30 days and are subject to your bank’s refund regulations.
Liability Our liability for losses you suffer as a result of us breaking this agreement is strictly limited to the purchase price of the product you purchased and any losses that are a foreseeable consequence of us breaking the agreement. Losses are foreseeable where they could be contemplated by you and us at the time your order is accepted by us.
You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase goods from the Site. The import or export of certain of our goods to you may be prohibited by certain national laws. We make no representation and accept no liability in respect to the export or import of the goods you purchase. Nothing in these terms and conditions limits any statutory rights you might have as a consumer or our liability to you for any fraud, fraudulent misrepresentation, death or personal injury resulting from our negligence.
No Guarantee of Service
Deux Hommes provides its services on a commercially reasonable basis and reserves the right at any time to modify or discontinue temporarily the service (or any part of the service) with or without notice. You agree that Deux Hommes should not be liable to you or to any third party for any modification, suspension or discontinuance of the service.
We use a SECURE SOCKET LAYER (SSL) protocol to protect your information against any leakage or misuse. The use of SSL encryption scrambles data sent from the browser to the Site’s server in such a way that only we can read it. If SSL is enabled then you will see a padlock at the bottom of your browser and you can click on this to find out information about the SSL digital certificate registration. The SSL, created by Netscape, is the standard for secure data transmission over the Internet. SSL uses authentication and encryption technology developed by RSA Data Security Inc. Web browsers such as Netscape’s Navigator and Microsoft’s Internet Explorer support SSL. We take all reasonable care to make our website as secure as possible. We will take all reasonable care to keep the details of your order and payment secure and in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorized access to any data you provide when accessing or ordering from the Site. Furthermore, you are solely responsible for maintaining the confidentiality of your password and account username.
Links To Other Sites
You may be able to access links from the Site to other websites owned by third parties. Your use of each of those websites is subject to the conditions, if any, that each of those websites have posted. We have no control over websites that are not ours and we are not responsible for the content, accuracy or opinions expressed in such websites, and such websites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked website on or through the Site does not imply approval or endorsement of the linked website by us. If you decide to leave the Site and access these third-party websites, you do so at your own risk.
Use of Site Content
All content on the Site is the property of Deux Hommes, its licensors, or members who have all right, title and interest in the content, including but not limited to any copyrights, trademark rights, patent rights, database rights, moral rights, sui generis rights and other intellectual property and proprietary rights therein. Use of the Site does not grant to you ownership of any content, code, data or materials you may access on the Site. Subject to these Terms, no content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without the prior written permission of Deux Hommes or the owner of the content. Except as otherwise set forth in the Terms, any use of the content is strictly prohibited.
Deux Hommes’ trademarks, logos, trade dress, trade names and service marks displayed on the Site (collectively the “Trademarks”), whether registered or unregistered, may not be copied, imitated or used, in whole or in part, in connection with products and/or services that are not related to, associated with, or sponsored by Deux Hommes that are likely to cause customer confusion, or in any manner that disparages or discredits their rights holders, who may or may not be affiliated with, connected to, or sponsored by Deux Hommes. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site without the written permission of the Deux Hommes or the third party that may own the applicable Trademark. Your misuse of the Trademarks displayed on the Site is strictly prohibited. Deux Hommes will aggressively enforce its Trademark rights to the fullest extent of the law, including seeking criminal prosecution.
All content included on this site is the property of Deux Hommes or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the property of Deux Hommes and protected by United States and international copyright laws. All software used on this site is the property of Deux Hommes or its software suppliers and protected by United States and international copyright laws.
Deux Hommes respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please see our Notice and Procedure for Making Claims of Copyright Infringement set forth below.
By visiting the Site, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the State of New York, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Deux Hommes. Disputes
Any dispute or claim relating in any way to your visit to the Site or to products or services sold or distributed by Deux Hommes or through the Site will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow these Terms as a court would. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The New York Courts (State and Federal) shall have sole jurisdiction over any controversies regarding the use of the Site not subject to the arbitration clause above; Any action or other proceeding which involves such a controversy shall be brought in those courts in New York county and not elsewhere. The parties waive any and all objections to venue in those courts and hereby submit to the exclusive jurisdiction of those courts.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY DEUX HOMMES ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. DEUX HOMMES MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, DEUX HOMMES DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. DEUX HOMMES DOES NOT WARRANT THAT THIS SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE; THEIR SERVERS; OR E-MAIL SENT FROM DEUX HOMMES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. DEUX HOMMES WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, DEUX HOMMES’ LIABILITY TO YOU FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTIONS WHATSOEVER (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE), AND REGARDLESS OF THE FORM OF THE ACTION, ARISING FROM THE TERMS OR YOUR USE OF THE SITE WILL AT ALL TIMES BE LIMITED TO THE PRICE OF THE PRODUCT YOU PURCHASED.
You agree to indemnify, defend and hold Deux Hommes, its parent company, successors, assignees, subsidiaries, affiliates, partners, sponsors, advertisers, content or service providers, contractors or any of their respective directors, officers, employees, agents, representatives, attorneys (collectively the “Protected Entities), harmless from and against any loss, liability, claim, or demand, including attorneys’ fees, arising out of any claim, action, investigation or proceeding made or instituted by any third party due to or arising out of (a) your breach of any representations or warranties made by you hereunder or your breach of any term of the Terms; (b) your use of the Site in violation of the Terms; or (c) or your violation of any law or the rights of a third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of Deux Hommes.
161 West 15th Street, Suite 3i
New York, NY 10011
Notice and Procedure for Making Claims of Copyright Infringement
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Deux Hommes’ copyright agent the written information specified below. Please note that this procedure is exclusively for notifying Deux Hommes that your copyrighted material has been infringed.
Deux Hommes’ Copyright Agent for notice of claims of copyright infringement on the Site can be reached as follows:
161 West 15th Street, Suite 3i
New York, NY 10011
The Terms set forth the entire agreement between you and Deux Hommes pertaining to your use of the Site between you and Deux Hommes. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms and Conditions, including without limitation this section. If any provision of the Terms is held invalid or unenforceable, such provision shall be revised to the extent necessary to cure the invalidity or unenforceability, and the remainder of the Terms shall continue in full force and effect.
We control and operate the Site from our offices in the United States of America. We do not represent that materials on the Site are appropriate or available for use in other locations. Persons who choose to access the Site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable. You shall not use the Site in any manner contrary to local, state, federal or international law and any regulations having the force of law. Deux Hommes expressly disclaims any and all responsibility or liability for any action by you and reserves the right to terminate your use of the Site immediately upon notice of your failure to comply with any such law(s) or regulations.
The heading references herein are for convenience purposes only, do not constitute a part of these Terms, and will not be deemed to limit or affect any of the provisions hereof.
A printed version of the Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.