1. SCOPE

1.1.  These general terms and conditions (the General Conditions of Use) govern the access and use of the website www.clivechristian.com (the Website), the official online shop of the “Clive Christian” brand products (the Products), which are manufactured and sold via the Website by Clive Christian Perfume Limited, a private limited company with registered office at 3rd Floor, 32 Brook Street, Mayfair, London, W1K 5DH, United Kingdom, registration number in the Companies House of England and Wales 03538453, VAT number 189079161 (Clive Christian).

1.2. The Website is intended to be used only by natural persons who are acting outside their trade, business, craft or profession (i.e., consumers) (Users).

1.3. Clive Christian reserves the right to amend or update, in full or in part, these General Conditions of Use at any time, at its own discretion. Any of such changes to the General Conditions of Use shall come into force from the date on which they are published on the Website and will be notified to the Users on the homepage of the Website as soon as they become applicable.

1.4. By accessing and using the Website,  Users confirm that they have read these General Conditions of Use and accept these General Conditions of Use and agree to comply with them. If Users do not accept and agree to comply with any or all sections of these General Conditions of Use, they must refrain from using the Website. 

1.5. It is recommended that Users of this Website print a copy of these General Conditions of Use for future reference.

2. USE OF THE WEBSITE

2.1. Users may only use the Website (i) exclusively for the purposes for which the Website has been developed, and, in particular, to view and/or purchase the Products, and for purposes outside their trade, business, craft or profession, and (ii) in full compliance with all applicable laws. 

2.2. By accessing and using the Website, Users agree not to use the Website for unlawful, fraudulent or abusive purposes and, in general, for purposes other than those envisaged by the Website and these General Conditions of Use.

2.3. Users that have registered a personal account on the Website and that have been provided with a user identification code, password or any other piece of information as part of the security procedures during the registration process, agree to keep their account information and password secret and not to disclose them to any third parties. Users shall be responsible for any unauthorized activity that occurs in their account. If a User knows or suspects that any third party knows their user identification code or password, the User must promptly notify Clive Christian at customercare@clivechristian.com.

2.4. Clive Christian has the right to disable any user identification code or password, whether chosen by the User or allocated by Clive Christian, at any time, if in Clive Christian’s reasonable opinion, a User has failed to comply with any of the provisions of these General Conditions of Use.

3. DO NOT RELY ON INFORMATION ON THE WEBSITE 

3.1. The content on the Website is provided for general information only. It is not intended to amount to advice on which Users should rely. Users must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on the Website.

3.2. Although Clive Christian makes reasonable efforts to update the information on the Website, Clive Christian makes no representations, warranties or guarantees, whether express or implied, that the content on the Website is accurate, complete or up to date.

4. WEBSITE CONTENT AND NETWORK SECURITY

4.1. The Website may contain hypertext links to other websites which are not related to the Website (the Links). Clive Christian does not control or perform monitoring activities on any Links to third party websites (including any content on such websites), and, therefore, it shall not be held liable for any Links that Users may access. Users must be careful when connecting to these websites through the Links and it is recommended that Users carefully read the conditions of use and privacy policy of each website they link to. These General Conditions of Use and the privacy policy of the Website do not apply to any website other than the Website. The Website provides the Links, only with the purpose to facilitate the Users in their search and navigation activities, and to facilitate the online hypertext connection to other websites. The activation of the Links does not imply any recommendation or warning by Clive Christian for accessing and browsing these websites, nor does Clive Christian offer any guarantee about any contents, services or products offered by such websites and sold to Users.

4.2. Users expressly acknowledge and accept the Internet’s characteristics, methods, response time and limits and, in particular, that Internet is not a secure network and, therefore, that Clive Christian does not give any warranty or representations whatsoever as to the security of data transmission and reception through the Internet, the speed, performance or quality of the relevant network, as well as to the integrity, authenticity and confidentiality of the information, files and data exchanged on the Internet for the use of the Website. Clive Christian does not guarantee that the Website will be secure or free from bugs or viruses. 

4.3. In light of the above, Users shall access and use the Website at their own risk and they undertake to take all appropriate measures in order to protect their data, contents, information, software and/or devices used to access the Website via the Internet. Users are responsible for using their own virus protection software, as well as adequately protecting their devices from other possible third party trojans, worms, logic bombs or other material that is malicious or technologically harmful, or otherwise harmfully interacting with the Website. Users are recommended to periodically back up the data and information stored in their devices.

4.4. Users must not misuse the Website by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful, or otherwise harmfully interacting with the Website or any part of it. Users must not attempt to gain unauthorised access to the Website, the server on which the Website is stored or any server, computer or database connected to the Website or any other equipment or network connected with the Website. Users must not interfere with, damage or disrupt any software used in the provision of the Website or any equipment or network or software owned or used by any third party on which this Website relies in any way. Users must not attack the Website via a denial-of-service attack or a distributed denial-of-service attack. By breaching this provision, Users would commit a criminal offence under the Computer Misuse Act 1990. Clive Christian will report any such breach to the relevant law enforcement authorities and will co-operate with those authorities by disclosing Users identity to them. In the event of such a breach, a User’s right to use the Website will cease immediately.

5. AVAILABILITY OF THE WEBSITE

5.1. The access and use of the Website may be interrupted or suspended, in whole or in part, for reasons of maintenance, updates, technical improvement, and to make changes to the content of the Website. Where possible Clive Christian will provide prior notice to Users. Clive Christian shall make reasonable efforts to promptly remedy such Website’s disruptions but shall otherwise have no liability to Users in relation to such disruptions, including in the event of loss of any User’s data and information stored on the Website as a result of any disruption of the Website.

5.2. In addition, Clive Christian shall not be liable for any disruption of the Website as a result of supervening law, administrative and/or regulatory provisions or any measures issued by competent authorities.

5.3. The Website can be accessed from all over the world. However, the Products may only be purchased via the Website by Users who request delivery of the Products to one of the countries listed on the Website.

6. LIABILITY LIMITS

6.1. Whether the ‘User’ is a consumer or a business User: 

• Clive Christian does not exclude or limit in any way its liability to the User where it would be unlawful to do so. This includes liability for death or personal injury caused by Clive Christian’s negligence or the negligence of its (or its group’s) employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
• Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any Products to the User, which will be set out in Clive Christian’s general conditions of sale available at this link: https://www.clivechristian.com/pages/conditions-of-sale.

 6.2. Without prejudice to the above, Users are solely responsible for: (i) their own non-compliance with the provisions of these General Conditions of Use or of any applicable law, rules and/or policies applicable to the access and use of the Website; and (ii) any malfunction of the Website due to causes, whether voluntary or involuntary, attributable to the Users, third parties or to software, smartphone, interfaces or any other equipment used by the Users to access the Website.

 6.3. In the event the User is a business User:

(a) Clive Christian excludes all implied conditions, warranties, representations or other terms that may apply to the Website or any content on it.

(b) Clive Christian will not be liable to such Users for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

• use of, or inability to use, the Website; or
• use of or reliance on any content displayed on the Website.

(c) In particular, Clive Christian will not be liable for:

• loss of profits, sales, business, or revenue;
• business interruption;
• loss of anticipated savings;
• loss of business opportunity, goodwill or reputation; or
• any indirect or consequential loss or damage.

6.4. In the event the User is a consumer User:

• Clive Christian only provides its Website for domestic and private use. Users agree not to use the Website for any commercial or business purposes, and Clive Christian has no liability to such Users for any loss of profit, loss of business, business interruption, or loss of business opportunity.
• If defective digital content that Clive Christian have supplied damages a device or digital content belonging to the User and this is caused by Clive Christian’s failure to use reasonable care and skill, Clive Christian will either repair the damage or pay the User compensation to fix such damaged device. 

6.5. To the maximum extent permitted by applicable laws, Users undertake to indemnify and hold Clive Christian, or any other company part of the group to which Clive Christian belongs to,  harmless against any claim which may be made by any third parties with regards to or in connection with the use of the Website by the User not in compliance with these General Conditions of Use and/or applicable laws, as well as against any damage, cost, burden and expense (including reasonable legal expenses) which Clive Christian, or any other company part of the group to which Clive Christian belongs to, may consequently incur. 

7. INTELLECTUAL PROPERTY RIGHTS

7.1. The User acknowledges that Clive Christian, or the other companies part of the group to which Clive Christian belongs to, and the third parties of which such companies are licensee, are and shall remain the owners of all rights and interests related to all existing, vested, contingent and future intellectual and industrial property rights (whether registered or unregistered) related to the Website and/or the Products (as applicable), including, without limitation, any trademark, copyright (and neighbouring) and related rights, business names, domain names, service marks and other distinctive signs, rights in get-up and trade dress, goodwill and the right to sue for passing off or unfair competition, design rights, patents, rights to use and protect the confidentiality of confidential information (including know-how and trade secrets), rights to inventions, set-up, database rights, all content published on the Website (including all underlying material such as code, software and databases) and the copyright and other intellectual property rights in such content, unless specifically labelled otherwise and of any applications for the protection or registration of these rights and all renewals and extensions thereof and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection existing in any part of the world whether now known or created in the future (together, IP rights).

7.2. Users are not permitted to use any IP Rights without Clive Christian’s prior written approval, unless they are part of the material the User is using as permitted under paragraph 7.5.

7.3. Users shall not copy, replicate, modify, adapt, translate, transfer, publish, transcode, decompile or disassemble the Website in whole or in part, or otherwise place the Website under other processes for the analysis of its code and of its logical structure (i.e. "reverse engineering"), as well as not to reproduce any of the Website’s contents, whether in full or in part.

7.4. Users must not use any part of the content on the Website for commercial purposes without obtaining a licence to do so from Clive Christian or its licensors.

 7.5. As mentioned above, Users may print a copy of these General Conditions of Use for future reference and for Users personal use. If Users print off, copy, download, share or repost any part of the Website in breach of these General Conditions of Use, such User’s right to use the Website will cease immediately and the User must, at Clive Christian’s option, return or destroy any copies of the materials it has made (except that Users are permitted to retain a printed copy of these General Conditions of Use).

 8. NO TEXT OR DATA MINING, OR WEB SCRAPING

8.1. Users shall not conduct, facilitate, authorise or permit any text or data mining or web scraping in relation to the Website or any Products or services provided via, or in relation to, the Website for any purpose, including the development, training, fine-tuning or validation of AI systems or models. 

8.2. The provisions in this paragraph should be treated as an express reservation of Clive Christian’s rights in this regard, including for the purposes of Article 4(3) of the Digital Copyright Directive ((EU) 2019/790).

8.3. This paragraph will not apply insofar as (but only to the extent that) Clive Christian is unable to exclude or limit text or data mining or web scraping activity by contract under the laws which are applicable to Clive Christian and its group.

9. RULES ABOUT LINKING TO THE WEBSITE

9.1. Users may link to the Website’s home page, provided this is done in such a way that is fair and legal and does not damage Clive Christian’s (or any member of its group) reputation or take advantage of it.

9.2. Users must not establish a link in such a way as to suggest any form of association, approval or endorsement on Clive Christian’s part where none exists.

9.3. Clive Christian reserves the right to withdraw linking permission without notice.

9.4. If a User wishes to link to or make any use of content on the Website other than that set out above, please contact customercare@clivechristian.com.

10. PRIVACY POLICY

10.1. User’s personal data is processed according to Clive Christian’s privacy policy which is available at the following link: https://www.clivechristian.com/pages/privacy-policy.

11. OTHER IMPORTANT TERMS

11.1. For assistance and/or information concerning orders and shipping, refunds and return of Products purchased via the Website, suggestions and other general information on the services and Products offered via the Website, Users may contact Clive Christian, by e-mail at the address customercare@clivechristian.com.

11.2. If one or more clauses of these General Conditions of Use are or become partly or totally invalid, the validity of the remaining provisions shall not be affected.

11.3. The general terms and conditions of online sales governing the sale of the Products via the Website, as published from time to time on the Website and available at the following link: https://www.clivechristian.com/pages/conditions-of-sale, will govern any aspects not contemplated by these General Conditions of Use, as applicable.

11. 4. Clive Christian may transfer its rights and obligations under these General Conditions of Use to another organisation. Clive Christian will always tell Users in writing if this happens and will take reasonable steps to ensure that the transfer will not affect a User’s rights under these General Conditions of Use.

12. GOVERNING LAW AND JURISDICTION

12.1. The General Conditions of Use shall be governed and construed in accordance with English law, without prejudice in any case to any rights granted to the Users by binding provisions in force in the Users’ country of residence.

12. 2. Except in cases of mandatory jurisdiction established by law, the Courts of England and Wales shall be the non-exclusive competent court to hear any dispute arising in regard to these General Conditions of Use.