Terms of Service
1 In General
Access to and use of this Website and the products and services available through this Website (collectively, the "Service") are subject to the following terms, conditions and notices (the "Terms of Service"). By using the Services, you are agreeing to all of the Terms of Service, as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms of Service.
Access to this Website is permitted on a temporary basis. We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of this Website.
This Website also contains links to other websites (the "Linked Sites"), which are not operated by DISCO NOIR Limited (“DISCO NOIR”). DISCO NOIR has no control over the Linked Sites and accepts no responsibility for them or for any loss or damage that may arise from your use of them. Your use of the Linked Sites will be subject to the terms of use and service contained within each such site.
Please read the Terms of Service and check back often. If you do not agree to any change to the Terms of Service, then you must immediately stop using the Site.
2 Privacy Policy
Our privacy policy, which sets out how we will use your information, can be found at Privacy Policy below. By using this Website, you consent to the processing described therein and warrant that all data provided by you is accurate.
3 Registration
To use some of the services or features made available to you on this Site, you will need to register. We may change registration requirements from time to time. When you register, you are required to provide informwation about yourself that is true, accurate, current and complete in all respects. Should any of your registration information change, please notify us immediately at the following e-mail address: claire@disconoir.com. You may also want to view our Privacy Policy.
4 Prohibitions
You must not misuse this Website. You will not: commit or encourage a criminal offence; transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website. Breaching this provision would constitute a criminal offence under the Computer Misuse Act 1990. DISCO NOIR will report any such breach to the relevant law enforcement authorities and disclose your identity to them.
You use this Site at your sole risk. You agree that you will be personally responsible for your use of this Site and for all of your communication and activity on this Site. We reserve the right to deny you access to this Site, or any part of this Site, at any time without notice. If we determine, in our sole discretion, that you engaged in prohibited activities, were not respectful of other users, or otherwise violated the TERMS OF SERVICE, we may deny you access to this Site on a temporary or permanent basis and any decision to do so is final.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on any website linked to it.
5 Intellectual Property, Software and Content
The intellectual property rights in all software and content made available to you on or through this Website remain the property of DISCO NOIR and are protected by copyright laws and treaties around the world. All such rights are reserved by DISCO NOIR. You may store, print and display the content supplied solely for your own personal use or as expressly authorised by DISCO NOIR. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise. Without limiting the foregoing, copying and use of the above listed materials to any other server, location or support for publication, reproduction or distribution is expressly prohibited.
You shall not modify, translate, reverse engineer, decompile, disassemble or create derivative works based on any software or accompanying documentation supplied by DISCO NOIR. DISCO NOIRTM is a trade mark belonging to DISCO NOIR and all of its creations are registered designs. No licence or consent is granted to you to use this mark or these designs in any way, and you agree not to use this mark or these designs or any marks or designs which are colourably similar without the written permission of DISCO NOIR.
DISCO NOIR launched a “Spotted” section in order to feature interesting pictures of its clientele with DISCO NOIR products. You may wish to participate in this section by submitting pictures featuring our products to claire@disconoir.com.
To do this, please email jpg or gif files of under 1MB each and title each file the following way: [Yourlastname]_[Yourfirstname]_[yourcountryofresidence]_[xxx] where xxx represents the number associated with each picture submission. Your first picture submission should carry number 001, the second one should carry number 002 and so on. An example would be Levy_Claire_France_001.
By participating in the “Spotted” photo gallery, you agree:
a) that by submitting pictures to DISCO NOIR, you are not infringing the intellectual property rights of others in any way. DISCO NOIR reserves the right, with or without notice, to terminate forthwith the account of any customer who infringes (or who is alleged to have infringed) the copyrights or other intellectual property rights of any third party and to remove all such infringing (or allegedly infringing) material from the website;
b) that the pictures you submit do not contain content that is illegal, obscene or defamatory, or that could be construed as distasteful, offensive or controversial;
c) that all pictures you submit to DISCO NOIR are for display in any DISCO NOIR or approved third party materials including but not limited to its Website and that these pictures are with a DISCO NOIR product;
d) in the case of persons featured in the pictures, that you have obtained all necessary consents from these persons to be featured on DISCO NOIR materials
e) that DISCO NOIR will decide, at its sole discretion, whether to utilise the submitted pictures;
f) that you waive all claims to monetary compensation for having your work featured on the DISCO NOIR Website or approved third party materials
g) that you may have any pictures that you submitted removed from the Website and all DISCO NOIR systems at your discretion. To do so, contact DISCO NOIR by email at claire@disconoir.com and provide the name of the file formatted as [Yourlastname]_[Yourfirstname]_[yourcountryofresidence]_[xxx] and that you wish to see it removed. Your request will be processed as soon as possible. This applies only to the DISCO NOIR website. DISCO NOIR will use its best efforts to remove this picture from all other materials in future productions as well.
6 Terms of Sale
(a) Eligibility
The purchase of merchandise through DISCO NOIR is strictly limited to parties who can lawfully enter into and form contracts on the Site in accordance with English law.
DISCO NOIR uses KINGESHOP (“the Ecommerce Site”) as the ecommerce platform to facilitate order placement. In order to contract with DISCO NOIR through the Ecommerce Site, you will be requested to register and provide your personal details. In particular, Customers must provide their real name, address, e-mail address and other requested information as indicated. Furthermore, when ordering items, you will be required to provide payment details and you represent and warrant that the payment details you provide on ordering are both valid and correct and that you are the person referred to in the Billing information provided.
The Ecommerce Site is available only to individuals and others who meet the DISCO NOIR terms of eligibility, who have been issued a valid credit card by a bank acceptable to DISCO NOIR, whose applications are acceptable to DISCO NOIR and who have authorized DISCO NOIR to process a charge or charges on their credit card in the amount of the total purchase price for the merchandise that they purchase. Purchases made on the Ecommerce Site are for the personal or gift use of the buyer only and are not to be used for re-sale, commercial purposes or any other commercial benefit. DISCO NOIR reserves the right to restrict multiple quantities of an item being shipped to any one customer or postal address.
Moreover, by making an offer to purchase merchandise, you expressly authorise us to perform credit checks and, where DISCO NOIR feels necessary, to transmit or to obtain information (including any updated information) about you to or from third parties from time to time, including but not limited to your credit-card number or credit reports (including credit reports for your spouse if you reside in a community property jurisdiction), to authenticate your identity, to validate your credit card, to obtain an initial credit card authorisation and to authorise individual purchase transactions.
(b) Our Contract
By placing an order you are offering to purchase a product and to be subject to the following Terms of Service. All orders are subject to availability and confirmation of the order price.
When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order: this email will only be an acknowledgement and will not constitute acceptance of your order. Unless you cancel your order before then, a contract between us will not be formed until we send you confirmation by e-mail that the goods which you ordered have been dispatched to you. Only those goods listed in the confirmation e-mail sent at the time of dispatch will be included in the contract formed.
We reserve the right not to accept your order in the event, for example, that we are unable to obtain authorisation for payment, that shipping restrictions apply to a particular item, that the item ordered is out of stock or does not satisfy our quality control standards and is withdrawn, or that you do not meet the eligibility criteria set-out above.
Furthermore, we may refuse to process a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or to any third party by reason of our withdrawing any merchandise from the Site or the Ecommerce Site whether or not that merchandise has been sold; removing, screening or editing any materials or content on the Site; refusing to process a transaction or unwinding or suspending any transaction after processing has begun.
(c) Pricing and Availability
All orders are subject to acceptance and availability.
DISCO NOIR offers products for sale that are in stock and available for dispatch from our distribution center or that are made to order. Products that are in stock will be usually shipped within 72 hours of receiving the order. Products that are made to order are usually shipped within 8 weeks.
DISCO NOIR is single-currency enabled and displays prices in Euros. All prices and offers remain valid as advertised from time to time. If you are buying within France, you will also incur carriage costs. If you are buying from outside France, you will incur carriage costs and any duties levied by the jurisdiction to which you have specified delivery.
Whilst we try and ensure that all details, descriptions and prices which appear on this Website are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If the order is cancelled and you have already paid for the goods, you will receive a full refund.
All prices displayed on product pages are inclusive of UK VAT at 15.00%. Due to the KINGESHOP systems, we are not able to waive this fee for deliveries outside the EU. Delivery costs will be charged by DISCO NOIR in addition; such additional charges are clearly displayed where applicable and included in the 'Total Cost'.
(d) Payment
Payments are made through Paypal and can be made by Visa, Visa Electron, MasterCard, American Express, Maestro credit and debit cards and Paypal. Upon receiving your order, your payment is taken through Paypal. Goods will not be dispatched until this payment has been made and DISCO NOIR has received Paypal confirmation of this.
You confirm that the credit/debit card that is being used is yours. All credit/debit card holders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to authorise payment to DISCO NOIR or to Paypal, we will not be liable for any delay or non-delivery.
We take all reasonable care to make our Site as secure as we can make it. We have selected the Ecommerce Site for its safety features as well but cannot be responsible for any site weakness, whatever it might be. All credit card transactions on this site are processed using Paypal, a secure online payment gateway that encrypts your card details in a secure host environment.
Furthermore, we will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from the Site.
(e) Insurance
DISCO NOIR insures each purchase during the time it is in transit until it is delivered to you. You will be asked to sign for any goods delivered at which point responsibility for your purchased goods passes to you
(f) Tracking your order
Dispatch times may vary according to availability and any guarantees or representations made as to delivery times are limited to certain services and subject to any delays resulting from postal delays or force majeure for which we will not be responsible.
Upon shipping your order, DISCO NOIR will send you an email with tracking information. You can check the current status of your shipment by accessing the website of our shipping partners and typing in your unique tracking number in the appropriate sections of those sites.
DISCO NOIR will store a record of your transactions for a minimum of one year.
(g) Cancellations
1. You shall have the right to cancel any order for goods only in the following circumstances:
(i) if DISCO NOIR has failed to deliver the goods ordered within 28 days after the date of the order
(ii) in the case of Faulty Goods at the earliest opportunity after you have discovered the fault or defect (provided that you shall be deemed to have inspected the goods as soon as reasonably practicable after delivery). Goods are classified as faulty if they are received damaged, or where a manufacturing fault occurs within three months of purchase. Please note that items that are damaged as a result of wear and tear are not considered to be faulty.
(iii) if you decide within 14 working days of receiving the goods to return them for any reason in an unused condition.
(iv) if DISCO NOIR discovers an error in the price of any goods you have ordered.
2. Notice of the wish to cancel must be made by email to claire@disconoir.com within 14 working days of receiving the goods.
(h) Returns
You may return any DISCO NOIR product within 14 days of receiving your order and for any reason.
Returns outside this timeframe may be accepted at the discretion of DISCO NOIR and may only be refunded as a store credit.
In order to return a good, you must send a notification to DISCO NOIR within 14 working days of having received the good. The notification must include the Order confirmation number, shipment tracking number if any and details of the claim.
All items should be returned new, unused, and with all DISCO NOIR tags still attached. Returns that are damaged or soiled may not be accepted and may be sent back to the customer.
DISCO NOIR bags should be returned in their original, undamaged packaging and dust bag as these are considered part of the product.
DISCO NOIR bags that are returned without packaging or dust bags or in damaged boxes or dust bags may not be accepted, and may be sent back to the customer.
(i) Receiving a refund
You may return the goods for any reason at your cost outside cancellation conditions (g) 1. (i) and (g) 1. (ii) and obtain a full refund excluding original and return delivery charges provided the goods are received by DISCO NOIR in the same condition as when they were shipped.
Your refund will be credited to the original purchaser's credit card and will exclude delivery charges (with the exception of cancellation conditions (g) 1. (i) and (g) 1. (ii)).
If your order has been sent to a destination within the EU, all sales taxes will be refunded. Outside the EU, customs duties and sales taxes are non-refundable through DISCO NOIR. However, you may be able to recover these by contacting your local customs bureau directly.
Important information
• Items should be returned within 14 days of receiving the order.
• Please send all items you wish to return from an order in the same shipment to ensure your return is processed as quickly as possible.
• Items should be returned in their original packaging to ensure they are adequately protected in transit. Handbag packaging and dust bags should also be protected as they are considered part of the product, and your return may not be accepted if these are damaged.
• You may return the goods to us by a secure parcel shipment with tracking number, which should be e-mailed to Claire@disconoir.com upon shipment. Our address for all returns is DISCO NOIR, 171 rue Saint-Charles, 75015 Paris, France. Please note that we will not accept liability for goods while they are in transit back to us.
7 Disclaimer of Liability
The material displayed on this Website is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law DISCO NOIR and its suppliers, hereby expressly excludes all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website or the Linked Sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise. This does not affect DISCO NOIR's liability for death or personal injury arising from its negligence, nor for fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.
8 Linking to this Website
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission without notice.
9 Variation
You agree to indemnify, defend and hold harmless DISCO NOIR, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use this Website or your breach of the Terms of Service. We reserve the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you hereunder.
10 Our Relationship
You acknowledge and agree that no joint venture, partnership, employment, or agency relationship exists between you and DISCO NOIR as a result of the Terms of Service or your use of this Site. You agree that you may not and will not hold yourself out as a representative, agent, or employee of DISCO NOIR, and we shall not be liable for any representation, act, or omission on your part.
11 Variation
DISCO NOIR shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the Services and/or any page of this Website.
12 Waiver
If any part of the Terms of Service is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Service will not be affected and all other clauses remain in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.
13 Complaints
We operate a complaints handling procedure that we will use to try to resolve disputes when they first arise. Please let us know if you have any complaints or comments by contacting us at claire@disconoir.com.
14 Waiver
If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
15 Governing Law and Jurisdiction
These Terms of Service are to be construed in accordance with the laws of England and in the event of any dispute or claim associated with these Terms of Service, that dispute or claim shall be subject to the exclusive jurisdiction of the English courts.
16 Entire Agreement
The above Terms of Service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and DISCO NOIR. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by a Director of DISCO NOIR.
Your Privacy
DISCO NOIR Limited ("DISCO NOIR") is totally committed to protecting the privacy of our site visitors. The DISCO NOIR team members are visitors themselves of other Internet sites and fully appreciate and respect the importance of privacy on the Internet. We will not disclose information about our visitors to third parties except where it is part of providing a service to you - e.g. arranging for a product to be sent to you, carrying out credit and other security checks and for the purposes of customer research and profiling or where we have your express permission to do so. The following information is provided by DISCO NOIR to enable our online visitors to be fully informed of our Privacy Policies. By visiting DISCONOIR.COM, you are accepting and consenting to the practices described in this Privacy Policy and the Terms of Service.
Your Consent
We will not sell your name or e-mail address to any third party without your permission.
Communication & Marketing
You may wish to subscribe to our newsletter. If you do not wish to continue to receive marketing from us and/or selected third parties you should email claire@disconoir.com with “unsubscribe” written in the email header.
Site Statistics
We may disclose aggregate, anonymised statistics including but not limited to the number of visitors to this Website or number of purchases made as required by our investors. We use an independent measurement and research company to gather data regarding the visitors to this Website on our behalf using cookies and code that is embedded in the site. Both the cookies and the embedded code provide statistical information about visits to pages on the site, the duration of individual page view, paths taken by visitors through the site, data on visitors' screen settings and other general information. DISCO NOIR uses and stores this type of information, as with that obtained from other cookies used on the site, to help it improve the services to its users. Further information regarding the way in which this information is obtained and used can be obtained by contacting us at claire@disconoir.com.
Third party sites
Our site may contain links to and from the websites of third parties. If you follow a link to any of these websites, please note that they have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.
Contacting us
DISCO NOIR Limited (at the address below) is the data controller for the purpose of the Data Protection Act 1998 (the Act).
We are always pleased to hear from our visitors (even if it is a complaint!). We are always grateful for any time you spend providing us with the knowledge we need to ensure our visitors are completely satisfied - we want you to return to the site and to recommend us to your friends and family. If you have any questions or feedback about this statement, or if you would like us to stop processing your information, please do not hesitate to contact a member of the DISCO NOIR team, who will be delighted to answer any questions you may have.
You can either contact claire@disconoir.com
Or, write to us at:
DISCO NOIR
Claire Levy
171 rue Saint-Charles
75015 Paris
France
Registered Address
Disco Noir Limited
19A Goodge Street
London
W1T 2PH
Company No. 06580622.
Registered in England.