TERMS OF USE

20/09/2020

These Terms of Use apply to https://www.messika.com (the “Website” or the “Site”). The Site is operated by Messika USA Inc (“Messika”). Throughout the Site, the terms “we,” “us” and “our” refer to Messika. Messika offers this Website, including all information, tools and services available from this Site, to you, the user, conditioned upon your acceptance of all the terms, conditions, policies and notices stated here. Your use of this Site constitutes your agreement to these Terms of Use.

Please note that these Terms of Sale only govern the Products sales made through the Site. All sales (including remote sales) made from our MESSIKA retail boutiques are subject to different sales terms and conditions. You may contact directly each boutique in order to have access to the applicable sales terms and conditions

Terms of use do not apply to software, product or service offerings 

These Terms of Use do not apply to any product or service we offer for sale on the Site. Those product or service offerings are subject to separate terms and conditions that accompany the applicable product or service offering.

 

Accuracy, completeness, and timeliness of information on this site

Messika is not responsible if information made available on this Site is not accurate, complete or current. The material on this Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this Site is at your own risk. We reserve the right to modify the content of this Site at any time, but we have no obligation to update any information on the Site. You agree that it is your responsibility to monitor changes to the Site. Some items may appear slightly larger or smaller than actual size due to screen defaults and photography techniques. Other items may be represented at a larger than actual size in order to clearly show details, or smaller than actual size in order to show the entire item.

 

Features and functionality provided by third parties; third party items

Certain of the content, features and functionality on the Site may be owned and operated by third parties (collectively, “Third Party Providers”). Your use of and interaction with such content, features and functionality (collectively, “Third Party Content”) may be subject to separate terms and conditions. In that event, you acknowledge that these Terms of Use will not apply to your use of the Third Party Content and that you will be subject to and comply with the terms of use offered by such Third Party Providers.

YOU ACKNOWLEDGE THAT WE ARE NOT RESPONSIBLE OR OTHERWISE LIABLE FOR THIRD PARTY CONTENT OR THE ACTS OR OMISSIONS OF THIRD PARTY PROVIDERS AND THAT ANY CLAIMS OR OTHER CAUSES OF ACTION AVAILABLE TO YOU IN CONNECTION WITH EITHER OF THE FOREGOING WILL BE BROUGHT AGAINST THE APPLICABLE THIRD PARTY PROVIDER(S) AND NOT US.

 

Use of materials on the site 

All content on this Site (including, without limitation, text, design, graphics, logos, icons, images, audio clips, downloads, interfaces, code and software, as well as the selection and arrangement thereof), is the exclusive property of and owned by Messika, its licensors or its content providers and is protected by copyright, trademark and other applicable laws. You may access, copy, download and print the material contained on the Site for your personal and non-commercial use, provided you do not modify or delete any copyright, trademark or other proprietary notice that appears on the material you access, copy, download or print. Any other use of content on the Site, including but not limited to the modification, distribution, transmission, performance, broadcast, publication, uploading, licensing, reverse engineering, transfer or sale of, or the creation of derivative works from, any material, information, software, products or services obtained from the Site, or use of the Site for purposes competitive to Messika, is expressly prohibited. You agree to abide by all additional restrictions displayed on the Site as it may be updated from time to time. Messika reserves the right to refuse or cancel any person’s registration for this Site, remove any person from this Site or prohibit any person from using this Site for any reason whatsoever. Messika, or its licensors or content providers, retain full and complete title to the material provided on the Site, including all associated intellectual property rights, and provide this material to you under a license that is revocable at any time in Messika’s sole discretion. Messika neither warrants nor represents that your use of materials on this Site will not infringe rights of third parties not affiliated with Messika.

You may not use contact information provided on the Site for unauthorized purposes, including marketing. You may not use any hardware or software intended to damage or interfere with the proper working of the Site or to surreptitiously intercept any system, data or personal information from the Site. You agree not to interrupt or attempt to interrupt the operation of the Site in any way. Messika reserves the right, in its sole discretion, to limit or terminate your access to or use of the Site at any time without notice. Termination of your access or use will not waive or affect any other right or relief to which Messika may be entitled at law or in equity.

 

Conduct on the site

Some features on this Site may require registration. By registering at and in consideration of your use of the Site you agree to provide true, accurate, current and complete information about yourself.

Some features on this Site may require use of a password. You are responsible for protecting your password. You agree that you will be responsible for any and all statements made, and acts or omissions that occur, through the use of your password. If you have any reason to believe or become aware of any loss, theft or unauthorized use of your password, notify Messika immediately. Messika may assume that any communications Messika receives under your password have been made by you unless Messika receives notice otherwise.

You or third parties acting on your behalf are not allowed to frame this Site or use our proprietary marks as meta tags, without our written consent. You may not use frames or utilize framing techniques or technology to enclose any content included on the Site without Messika’s express written consent. Further, you may not utilize any Site content in any meta tags or any other “hidden text” techniques or technologies without Messika’s express written consent.

 

Links 

This Site may contain links to other websites, some of which are operated by Messika or its affiliates and others of which are operated by third parties. These links are provided as a convenience to you and as an additional avenue of access to the information contained therein. We have not necessarily reviewed all the information on those other sites and are not responsible for the content of those or any other sites or any products or services that may be offered through those or any other sites. Inclusion of links to other sites should not be viewed as an endorsement of the content of linked sites. Different terms and conditions may apply to your use of any linked sites. Messika is not responsible for any losses, damages or other liabilities incurred as a result of your use of any linked sites.

 

Trademarks and copyrights 

Trademarks, logos and service marks displayed on this Site are registered and unregistered trademarks of Messika, its licensors or content providers, or other third parties. All of these trademarks, logos and service marks are the property of their respective owners. Nothing on this Site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on the Site without the owner’s prior written permission, except as otherwise described herein. Messika reserves all rights not expressly granted in and to the Site and its content. This Site and all of its content, including but not limited to text, design, graphics, interfaces and code, and the selection and arrangement thereof, is protected as a compilation under the copyright laws of the United States and other countries.

 

Messika products are available exclusively from www.messika.com, Messika stores and catalogues and authorized retailers for Messika brand. Buyers should be wary of purported Messika merchandise sold through unauthorized channels. Beware of counterfeits.

 

Infringement notice 

You are hereby informed that Messika has adopted and reasonably implemented a policy that provides for the termination in appropriate circumstances of subscribers and account holders of Messika’s system or network who are repeat copyright infringers. If you believe your copyright or the copyright of a person on whose behalf you are authorized to act has been infringed, you may notify our copyright agent:

 

Messika USA Inc. Legal Department

200 Fifth Avenue, 10th Floor New York, NY 10010

Tel: (212) 755-8000

Email: customerservice@messikagroup.com

 

To be effective, your notification must (i) be in writing, (ii) be provided to our copyright agent, and (iii) include substantially the following: To be effective, your notification must (i) be in writing, (ii) be provided to our copyright agent, and (iii) include substantially the following:

1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Messika is under no obligation to post, forward, transmit, distribute or otherwise provide any material available on this Site, including material you provide to us, and so we have an absolute right to remove any material from the Site in our sole discretion at any time.

Jurisdiction and applicable law 

The laws of the State of New York govern these Terms of Use and your use of the Site, and you irrevocably consent to the exclusive jurisdiction of the courts located in the County of New York for any action arising out of or relating to these Terms of Use or use of this Website. We recognize that it is possible for you to obtain access to this Site from any jurisdiction in the world, but we have no practical ability to prevent such access. This Site has been designed to comply with the laws of the State of New York and of the United States. If any material on this Site, or your use of the Site, is contrary to the laws of the place where you are when you access it, the Site is not intended for you, and we ask you not to use the Site. You are responsible for informing yourself of the laws of your jurisdiction and complying with them.

 

Changes to these terms of use

Messika reserves the right, at its sole discretion, to change, modify, add or remove any portion of these Terms of Use, in whole or in part, at any time, by posting revised terms on the Site. It is your responsibility to check periodically for any changes we make to the Terms of Use. Your continued use of the Site after any changes to the Terms of Use or other policies means you accept the changes.

In the event we make material changes to the Terms of Use, notice of the changes will be posted on the homepage of this Website and the revised terms will take effect thirty days after their publication on the Site.

 

Entire agreement and admissibility 

This agreement and any policies or operating rules posted on this Site constitute the entire agreement and understanding between you and Messika with respect to the subject matter thereof and supersede all prior or contemporaneous communications and proposals, whether oral or written, between the parties with respect to such subject matter. A printed version of these Terms of Use shall be admissible in judicial or administrative proceedings based on or relating to use of the Site to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

 

Severability 

If any provision of this agreement is determined to be unlawful, void or unenforceable, the remaining provisions of the agreement will continue to be fully valid, binding, and enforceable.

 

How to contact us 

If you have any questions or comments about these Terms of Use or this Site, please contact us by:

Emailing us at: customerservice@messikagroup.com

Writing to: Messika USA Inc 200 Fifth Avenue, 10th Floor New York, NY

 

We wish you a pleasant visit on our website !