General Terms and Conditions of Sale and Use of Balmain.com

General Terms and Conditions of Sale of Balmain.com

The offer and sale of products on the website www.balmain.com are governed by these General Terms and Conditions of Sale. The products purchased on www.balmain.com are sold directly by Balmain USA, a Limited Liability Company incorporated in New York, with its registered office at 437 Madison Avenue, 20th Floor, Suite #2003, New York, NY 10022, USA (the "Seller" or "Balmain").

You can send any queries to the Seller’s support services via Contact us. For all other legal information, please consult the following sections: Legal noticePrivacy Policy, General terms and conditions of use.

1. Orders on the Maison Balmain website

The e-commerce services of the website www.balmain.com are intended exclusively for non-professional private customers for their own use (or for gifts within the circle of family and friends).

Thus, by accepting these General Terms and Conditions of Sale before confirming your order, you declare that you are in full legal capacity to commit yourself under these General Terms and Conditions of Sale and that your purchase of products on the website www.balmain.com is not directly related to a professional activity and is limited to strictly personal use.

If you are not acting within this framework, you are not authorized to order on the www.us.balmain.com site and the Seller asks that you not make any purchases on www.us.balmain.com.

Purchase requests from countries not listed on the home page cannot be accepted by the Seller.

The Seller reserves the right not to accept orders from any unauthorized person or orders that do not comply with these General Terms and Conditions of Sale, in particular abnormal orders within the meaning of the relevant case law, for example in quantities that do not correspond to the usual average needs of a household (for one or more cumulative orders) or that are the subject of reports or suspicions of fraudulent or illegal activities. If this is the case, the order may be cancelled by the Seller.

These General Terms and Conditions of Sale are intended to apply to orders placed with the Seller on www.us.balmain.com. They do not govern the provision of services or the sale of products from companies other than the Seller, including when they are accessible via links, images or any other hypertext content present on the website www.us.balmain.com. In this context, the Seller recommends that you check the general conditions of the third party vendor. The Seller shall in no way be held responsible for any transaction between visitors to the www.us.balmain.com website and third parties.

All orders placed on www.us.balmain.com require the prior acceptance of these General Terms and Conditions of Sale.

 2. Online purchase process

2.1. In order to make a purchase and allow the execution of the contract for the sale of the products on www.us.balmain.com, you must fill in the online order form and send it to the Seller, electronically, following the instructions provided.

2.2. Before purchasing the products, please read carefully these General Terms and Conditions of Sale and the Return Policy, print a copy and keep it for your personal use. 

2.3. Visit www.us.balmain.com to order your products:

•    Browse the online shop to choose your products

•    Click on the product, select the desired quantity and click on "add to cart"

•    Click on the cart icon, you can then modify the quantities and the desired products or return to the catalog;

•    Validate your cart by clicking on "proceed to checkout" and thus your selection of product(s) and follow the instructions

•    Enter login details or create an account, choose the delivery method, enter your delivery and billing details

•    Choose your payment method

 2.4. Confirmation of your order online

The order confirmation page, which is displayed immediately prior to the conclusion of the sales contract, contains a summary of each of the products ordered, the price (including any applicable taxes), the shipping costs (including any additional costs that will be charged to you if you choose a different and/or faster shipping and delivery method instead of standard delivery), delivery and payment information.

Before validating your order form, please check and correct any errors in your order data.

When validating the order form, you will be asked: 

1-    to confirm that you have read and accepted these General Terms and Conditions of Sale 
2-    and on the other hand, to confirm that this validation of the form by you implies the obligation to pay the price of the products concerned by clicking on "Payment" which entails the conclusion of the sales contract and your obligation to pay.

Otherwise, no order can be placed.

If you do not agree with any of the provisions of these General Terms and Conditions of Sale, do not place any orders with the Seller.

2.5. Once the payment has been validated, a page is displayed with your order number and a summary of the delivery information and the chosen method of payment. You will receive by e-mail an acknowledgment of receipt of your order on which will appear your order number, the summary of your order (essential characteristics of each of the products ordered and their price per unit (including applicable taxes), the shipping costs, the means of payment used for your purchase, the total amount paid and the terms of delivery of the products purchased, the address and means of contact of the Seller, as well as a reminder of the delivery times of the products , a copy of these General Terms and Conditions of Sale and a standard return form allowing you to exercise this right if the conditions allow it. The Seller will then process your orders.

2.6. The Seller reserves the right to cancel any order, in whole or in part, at any time and for any reason, in its sole discretion without incurring any liability to you. Without limiting the foregoing, the Seller may also cancel orders from a customer with whom there is a dispute relating to the payment of a previous order, orders that appear fraudulent or suspicious, orders in quantities that exceed normal household use, or orders affected by pricing errors or product unavailability. In the event of a cancellation, the Seller will notify you by e-mail. If you have already paid for the canceled products, the Seller will refund the amount paid as soon as reasonably practicable, and the contract between the parties for the sale of products will be deemed terminated.

In order to limit fraud and in the interest of its customers, Balmain carries out checks on orders placed on its site. Thus, if there is any doubt as to the authenticity of an order, Balmain reserves the right, in order to accept the sale, to ask you to prove your identity (copy of passport, national identity card or driving license). In this case, your order will be processed as from the receipt of these documents. Balmain reserves the right to cancel your order if it does not receive these documents within 10 days or if it receives documents that are deemed to be non-compliant.

3. Products purchased by pre-order

3.1. In some cases, the Seller will give you the possibility to pre-order one or more products that are not currently offered for sale on the www.us.balmain.com website, as they are part of the new collection to come. The products offered for pre-order will be specially mentioned on the product sheets. The Seller will indicate for each item concerned the estimated shipping date and will send you a confirmation e-mail as soon as the package is shipped. If your order contains both available and pre-ordered products, they will be shipped on different dates, and you will only have to pay the shipping costs once. If your order contains only pre-ordered products, the products will be sent in one package on the latest estimated shipping date.

3.2. Payment for pre-ordered products can only be made by credit card. When you place your order, a payment authorization corresponding to the amount of your purchase is processed in order to verify the validity of your payment method.

This authorization may temporarily appear on your bank statement before being replaced by the final charge once your order has been shipped. You will only be charged once for your purchase.

4. Our offers

4.1. Essential characteristics of the products 

The Seller strives to present the essential characteristics of the products on each of the product sheets on the website www.us.balmain.com. However, product descriptions, images, colors, sizing, and other information may contain inaccuracies or errors.  In addition, it is possible that the images and colors may not correspond exactly to the actual products depending on your Internet browser and screen used. The Seller does not warrant that product descriptions or other content on the website are accurate, complete, reliable, current, or error-free. If a product you receive does not match its description, your sole remedy is to return it in accordance with the Return Policy.

4.2. Price

The selling prices of the products are indicated in US Dollar (USD) and can be modified at any time by the Seller. The prices applied are those indicated and in force at the time you place the order.

These prices do not include shipping costs, which are invoiced in addition to the price of the products purchased. Shipping costs will be indicated before you place the order. There may be different shipping methods and shipping costs are proposed to you at the time of placing the order.

The prices are applicable and the offers valid as long as they are visible on the site www.us.balmain.com.

Product prices may vary. Before sending the order form, please check the final price indicated. If the Seller finds an error in the price or calculation of the amount required at the time of payment, the Seller will contact you to give you the opportunity to purchase the product(s) concerned at the correct price.

However, errors in pricing or availability may occur due to problems of desynchronization of feeds and due to human error. In the event of a price error or unavailability of the product ordered, you will be alerted by the Seller as soon as this event is known. In such a case, the order of the unavailable products or those affected by a price error will be cancelled and the Seller will proceed to the reimbursement of the sums paid on behalf of the Seller.

4.3. Shipping and delivery

For information on the shipping and delivery process of products, please visit the Customer Service area. Please read this section carefully. The information provided here forms part of these Terms and Conditions. You can choose to receive the products you have purchased at the address of your choice. The Seller reserves the right, due to the operational constraints of its logistics partners, to restrict delivery to certain territories within the United States. In the event that your delivery address falls outside the Seller's available shipping zones, the Seller will contact you directly to discuss your options and may, with your agreement, proceed with the cancellation of your order and issue a full refund. 

All delivery times provided on the website or in order confirmations are estimates only and are not guaranteed. The Seller shall not be liable for any delays in delivery, regardless of the cause, including but not limited to carrier delays, customs processing, weather events, or other circumstances beyond the Seller’s reasonable control. In no event shall the Seller be liable for any indirect, incidental, special, or consequential damages arising from late delivery.

 5. WARRANTIES

The products offered for sale on the website www.balmain.com are provided with the following warranty terms. The terms and conditions for implementing these warranties are explained in the Return Policy.

5.1. Limited Warranty

The Seller warrants that all products sold on www.balmain.com will be free from defects in materials and workmanship for a period of one (1) year from the date of delivery. This warranty does not cover normal wear and tear, damage resulting from misuse, neglect, accident, or unauthorized alterations. If a product is found to be defective within the warranty period, BALMAIN will, at its sole discretion, repair, replace, or refund the purchase price of the defective product.

5.2. Implied Warranties

Except for the limited warranty set forth above, and to the fullest extent permitted by applicable law, the seller disclaims all other warranties, express or implied, including but not limited to the implied warranties of merchantability and fitness for a particular purpose. some states do not allow limitations on implied warranties, so the above limitation may not apply to you. this warranty gives you specific legal rights, and you may also have other rights which vary from state to state.

5.3. Warranty exclusions 

Any warranty is excluded in case of modification, misuse, negligence or lack of maintenance on your part, as well as in case of normal wear and tear of the product, accident or force majeure. The warranty is limited to the replacement/repair/partial or total reimbursement of products that do not conform or are affected by a defect at the Seller’s option. You are solely responsible for the choice of products, their conservation and their use in accordance with the precautions for use.

6. Payment

For the payment of the price of the products and the costs related to shipping and delivery, you must follow the procedures indicated in the order form.

The current means of payment accepted on the website are the following: Credit card (Visa, Bank of America, American Express), Apple Pay, PayPal, Klarna. The Seller may add additional methods of payment at the Seller’s discretion, in which case, the payment options will be available on the website when you place your order.

You may use your third-party payment account, such as Apple Pay, PayPal, or Klarna, to pay for your orders on the website. Any purchase made using any third-party payment service will automatically be subject to the Terms of Service and the Privacy Policy of such third-party.

In the case of payment by credit card, all information (for example, card number or expiry date) will be transferred, by means of an encrypted protocol, to the Seller’s vendor providing the remote electronic payment service, without third parties having access to it under any circumstances. This information will be used by the Seller only to fulfill your purchase, or to issue refunds in the event of the return of products, in accordance with the Returns Policy, or if it is necessary to report the occurrence of fraud to the competent authorities at www.us.balmain.com.  

The prices for the purchase of the products and the shipping and delivery costs are indicated in the order form. They will be debited from your account when the items are shipped.

 7. Right of withdrawal, return policy

You can find information on the Returns Policy, including the terms and conditions of any refund, which forms part of these Terms and Conditions of Sale.

 8. Privacy Policy

For more details about the processing of your personal information, please see the Privacy Policy.

Email Marketing. You may opt out of receiving promotional emails from the Seller at any time by following the unsubscribe instructions contained in each email or by contacting the Seller directly. Please note that even if you opt out of promotional emails, the Seller may still send you transactional or service-related communications (such as order confirmations and shipping updates).

SMS/Text Messaging. If you have opted in to receive SMS or text messages from the Seller, you may revoke your consent at any time by replying STOP to any message or by contacting the Seller directly. Message and data rates may apply. By opting in to SMS communications, you consent to receive recurring automated marketing text messages at the mobile number provided. Consent is not a condition of purchase.

Telephone Calls. For information about the National Do Not Call Registry maintained by the Federal Trade Commission, you may visit https://www.donotcall.gov.

 9. Applicable law and dispute resolution

All sales made via www.us.balmain.com as well as the present General Terms and Conditions of Sale are governed by the laws of the United States and by the laws of the State of New York.  

Arbitration Agreement. Except as otherwise stated below, any claim or dispute between you and the Seller (or any of the Seller’s subsidiaries or affiliates) including but not limited to the website or the Seller’s products or services shall be resolved through final, binding arbitration. This arbitration obligation applies regardless of whether the claim or dispute involves a breach of contract, tort, fraud, misrepresentation, product liability, negligence, violation of a statute or any other legal theory. Both you and the Seller specifically acknowledge and agree to waive your right to bring a lawsuit based on such claim(s) or dispute(s) and your right to have such lawsuit resolved by a judge or a jury.

This Arbitration Agreement shall be governed by the Federal Arbitration Act, (9 U.S.C. § 1 et seq.). Any arbitration will be commenced and administered by JAMS under the rules of JAMS, including JAMS Consumer Arbitration Minimum Standards. Provided JAMS’ criteria are met by the nature of the dispute, the arbitration shall be conducted under JAMS Streamlined Arbitration Rules & Procedures. Each party will pay the fees for each party’s own attorneys, subject to any remedies to which that party may later be entitled under applicable law. However, if you are unable to pay JAMS’ costs, the Seller will pay all arbitration fees and expenses. If JAMS is unavailable, unwilling, or otherwise unable to administer an arbitration in accordance with these rules, then another administrator that will do so will be selected by agreement of the parties.

The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon both you and the Seller. Additionally, the arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement, except that this sentence shall not apply to the Class Action Waiver provisions described below. The arbitrator will render a decision in writing. A court of competent jurisdiction shall have the authority to enter judgment upon the arbitrator's decision/award.

This Arbitration Agreement will survive the termination of your relationship with the Seller.

Excluded Disputes. You and the Seller agree that the following Disputes are excluded from this Arbitration Agreement: (1) any dispute, claim, or controversy arising out of or relating to an alleged violation of a party's intellectual property rights, including but not limited to claims of patent, copyright, trademark, or trade secret infringement. This category of claims and disputes shall be resolved through litigation in a court of competent jurisdiction, rather than through arbitration; (2) individual claims brought in small claims court; (3) any claim that an applicable federal statute expressly states cannot be arbitrated; and (4) any claim for injunctive relief.

Class Action Waiver. To fullest extent permitted by applicable law, you and the Seller agree to bring any claim or dispute, whether in arbitration, or court as permitted by these terms, ON AN INDIVIDUAL BASIS ONLY, AND NOT AS A CLASS ACTION OR COLLECTIVE ACTION. There shall be no right or authority for any claim or dispute to be brought, heard or arbitrated as a class or collective action ("Class Action Waiver"). The arbitration will decide the rights and liabilities, if any, of you and the Seller. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator may award any remedy to which a party is entitled under applicable law, but remedies shall be limited to those that would be available to a party in their individual capacity. Regardless of anything else in this Arbitration Agreement and/or the applicable JAMS rules, the interpretation, applicability, enforceability or formation of the Class Action Waiver may only be determined by a court and not an arbitrator. This Class-Action Waiver will survive the termination of your relationship with the Seller.

One-Year Time Limit to Raise Disputes or Claims. You agree that any dispute, claim or lawsuit, regardless of form, that may arise out of or related to these Terms or your use of the website, must be filed within ONE (1) YEAR of the action, omission, event or occurrence giving rise to the dispute, claim(s) or lawsuit. After the expiration of the one-year period, such dispute, claim(s) or lawsuit will be time-barred and prohibited, without regard to any longer period of time which may be provided by any period of limitation or pursuant to law or statute.

Thirty-Day Right to Opt Out. You have the right to opt out of the arbitration requirement by sending written notice of your decision to opt out to the following e-mail address: contact@customercare.balmain.com within thirty days after first becoming subject to these terms. Your notice must include your name and address, the e-mail address you used to set up your online account (if you have one), and an unequivocal statement that you want to opt out of the arbitration requirement. In the event you opt out, all other parts of this Agreement will continue to apply. Opting out of this arbitration agreement has no effect on any other obligations to arbitrate that you may currently have, or may enter in the future, with the Seller.

Waiver of Jury Trial. BOTH YOU AND THE SELLER HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, except as provided herein. The parties are instead mutually electing that all disputes, claims, or requests for relief shall be resolved by arbitration under this Arbitration Agreement, except as specified herein. An arbitrator can award on an individual basis the same damages and relief as a court and must follow this Agreement as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.

Location. You may choose to have the arbitration conducted by video conference technology such as zoom, or based on written submissions. Otherwise, the location of the arbitration proceeding shall take place in the city or state where you reside, unless each party agrees otherwise, or at another mutually agreed upon location. 

Severability. If for any reason, any portion of these Terms, including this arbitration section, is found to be illegal, void or unenforceable, that portion will be severed, and it shall not affect the validity and enforceability of the remainder of these Terms which shall continue in full force and effect.

10. Amendments and updates

The General Terms and Conditions of Sale are regularly amended and take into account any changes in legislation. The new General Terms and Conditions of Sale will only apply to sales made after the date of publication on the website www.us.balmain.com.


 

USA - General terms and conditions of use of Balmain.com

Welcome to the website www.balmain.com.

The website www.us.balmain.com is published by the French company PIERRE BALMAIN, Simplified Joint-Stock Company with a share capital of €2,140,725, registered under number 582 054 862 and domiciled at 44 Rue François 1er, 75008 Paris, France  (the "Balmain" or “Pierre Balmain”).

These General Terms and Conditions of Use govern the access and use of the website www.us.balmain.com . Access to and use of this website, as well as the purchase of products on the www.us.balmain.com website, imply acceptance by you of these General Terms of Use. The simple connection to the website will imply full and complete acceptance of these general conditions of use. For all other legal information, please consult the following sections: Legal noticePrivacy Policy, General terms and conditions of use. If necessary, you can also consult the Customer Service Department.

BALMAIN may modify or update all or part of these General Conditions of Use. Any modification or update of the General Conditions of Use will be applicable as soon as it is published in this section of the website. Therefore, you should consult this section regularly in order to be aware of the most recent Terms and Conditions of Use of the website www.us.balmain.com. If you do not agree with any part of the Terms and Conditions of Use of www.us.balmain.com, do not use the website.

 1. Your responsibility

Your access to and use of the www.us.balmain.com website, including browsing web pages, using website services, communicating with BALMAIN, downloading product information, and purchasing products, is for your personal, non-commercial use only and is at your sole risk and responsibility.

You may: (a) access and view the www.us.balmain.com website and its contents for your personal use; (b) make temporary copies of content for your own person use that are incidental to your normal browsing of the website; and (c) browse the website for any lawful purpose.

You may not use the website to: (a) send chain letters, junk mail, spam, or other unsolicited messages; (b) collect information about third parties, including email addresses, without their consent; (c) create false identities or impersonate others; (d) falsify email headers or otherwise attempt to disguise the origin of any communication; (e) transmit viruses, malware, or other harmful content; (f) attempt to gain unauthorized access to any accounts, systems, or networks connected to the website; or (g)  interfere with any other visitor’s use of the website.

You are responsible for your use of the www.us.balmain.com website and its content. BALMAIN is not responsible for any use of the website that violates applicable laws or these General Conditions of Use, except to the extent caused by BALMAIN’s violation of applicable laws or willful misconduct.

All content downloaded or obtained through the website is accessed at your own risk. You are responsible for any damage to your computer systems or loss of data resulting from downloading content from the website. BALMAIN is not responsible for any such damage or loss.

You are responsible for maintaining the confidentiality of your account credentials and personal information. You are also responsible for any harm to BALMAIN or third parties, or any loss of your information, that results from your failure to protect your credentials or from your misuse of the website.

You agree to indemnify, defend, and hold harmless BALMAIN and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use.

 2. Responsibility of the publisher

2.1. BALMAIN endeavors to update the content of the www.us.balmain.com site, to provide users with accurate information and to ensure, to the best of its ability, the accuracy and updating of the information published on this site, the content of which it reserves the right to correct at any time and without notice.

However, BALMAIN cannot guarantee the accuracy, precision, quality or completeness of the information made available on this site. Any error or omission may be notified to the following e-mail address: contact@customercare.balmain.com

BALMAIN offers no guarantee concerning the relevance or legality of the content of the website in countries other than the United States. If such content is considered illicit or illegal in your country, do not access the website. If you choose to access it anyway, the use of the services provided by the www.us.balmain.com website will be your sole and personal responsibility.

2.3. BALMAIN endeavors to maintain continuous access to the website, but does not guarantee uninterrupted availability. You acknowledge that the website may be unavailable due to maintenance, updates, technical issues, or other reasons. BALMAIN is not liable for any interruptions, errors, omissions, deletions of content, or any damages arising from your inability to access the website. Without limiting the foregoing, BALMAIN is not liable for: (a) any lack of performance of the website or any software used or downloaded from the website; (b) loss of data or services; (c) viruses or other harmful code transmitted through its servers; or (d) any damage to your computer equipment resulting from viruses or other computer infections.

2.4. Product descriptions, images, colors, sizing, and other information on the website may contain inaccuracies or errors. Images and colors may not correspond exactly to the actual products depending on your Internet browser and screen. BALMAIN does not warrant that product descriptions or other content on the website are accurate, complete, reliable, current, or error-free.

All information on the website is subject to change without notice.

2.5 The website and all content, products, and services made available through the website are provided on an “as is” and “as available” basis without warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement. balmain does not warrant that the website will be uninterrupted, error-free, or free of viruses or other harmful components. balmain disclaims all responsibility for any disputes, actions, or claims by third parties over any content not created by balmain.

2.6. As a visitor to the website, it is your responsibility to take all appropriate measures to protect your own data and/or software from contamination by any viruses circulating on the Internet.

 BALMAIN is not responsible for any direct or indirect damages, including but not limited to loss of profits, customers, data, goodwill, or any other loss or damage arising from your use of or inability to use the website, or from your misuse of the website.

LIMITATION OF LIABILITY: TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BALMAIN, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE WEBSITE; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE WEBSITE; OR (C) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. IN NO EVENT SHALL BALMAIN’S TOTAL LIABILITY TO YOU FOR ALL CLAIMS EXCEED THE AMOUNT YOU PAID TO BALMAIN FOR THE PRODUCTS GIVING RISE TO THE CLAIM. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.

2.8. Links to Other Websites. The www.us.balmain.com website may contain links to third-party websites. BALMAIN does not control these websites and is not responsible for their content, privacy practices, or availability. The inclusion of any link does not imply endorsement by BALMAIN. Your use of third-party websites is at your own risk and subject to their terms and conditions.

 3. Privacy policy

Please read the Seller’s  Privacy Policy, which applies when accessing and using the website  www.balmain.com, whether or not you make a purchase. The Privacy Policy allows you to understand how and for what purposes BALMAIN, via the www.balmain.com website, collects and uses some of your personal data.

 4. Intellectual property rights

4.1. Content of the site

The content of the www.us.balmain.com site, including but not limited to the works, images, photographs, dialogue, music, sounds, videos, documents, drawings, illustrations, logos and any other element published on the www.us.balmain.com site, including the menus, web pages, graphics, colors, plans, tools, fonts and design of the Internet site, diagrams, layouts, methods, procedures, functions and software forming part of the www.us.balmain.com site, are protected by copyright and all other BALMAIN's intellectual property rights, such as trademarks or drawings & models.

You agree to respect the intellectual property rights of BALMAIN and any third parties whose content appears on the website.

All content on the website is protected by U.S. and international copyright, trademark, and other intellectual property laws. You may not copy, reproduce, distribute, transmit, display, perform, publish, license, create derivative works from, or otherwise use any content from the website without the prior written permission of BALMAIN, except as expressly permitted under these Terms of Use or applicable law.

Limited, personal, non-commercial use of website content is permitted solely for your own information and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes without the prior written consent of BALMAIN. BALMAIN reserves all rights not expressly granted in these Terms of Use.

Unauthorized use of website content may violate copyright, trademark, and other applicable laws and could result in civil or criminal penalties.

4.2. Trademarks and domain names

All trademarks, trade names, logos, trade dress, and other branding elements (collectively “Trademarks”) used on the website or the  products sold on the www.us.balmain.com website are owned exclusively by BALMAIN, its affiliated companies or its partners, where applicable.

You may not use any Trademarks in any manner that is likely to cause confusion, deceive consumers, or dilute or tarnish the distinctive quality of such marks.

Nothing in these Terms of Use grants you any right to use any Trademarks in any manner. Any unauthorized use of the Trademarks may violate various federal and state trademark laws, unfair competition laws, and other applicable laws, and could result in civil or criminal penalties.

 4.3. Links to www.us.balmain.com

Framing, mirroring, or otherwise displaying any part of the website on any other website without BALMAIN’s prior written permission is prohibited.

To request permission to link to the website, contact BALMAIN at contact@customercare.balmain.com. BALMAIN reserves the right to reject any link request at its sole discretion. Deep linking, framing, and the use of unauthorized meta tags are prohibited without BALMAIN’s prior written consent.

 5. Applicable law and dispute resolution

The present General Conditions of Use are governed by the laws of the United States and by the laws of the State of New York .

Arbitration Agreement. Except as otherwise stated below, any claim or dispute between you and the Seller (or any of the Seller’s subsidiaries or affiliates) including but not limited to the website or the Seller’s products or services shall be resolved through final, binding arbitration. This arbitration obligation applies regardless of whether the claim or dispute involves a breach of contract, tort, fraud, misrepresentation, product liability, negligence, violation of a statute or any other legal theory. Both you and the Seller specifically acknowledge and agree to waive your right to bring a lawsuit based on such claim(s) or dispute(s) and your right to have such lawsuit resolved by a judge or a jury.

This Arbitration Agreement shall be governed by the Federal Arbitration Act, (9 U.S.C. § 1 et seq.). Any arbitration will be commenced and administered by JAMS under the rules of JAMS, including JAMS Consumer Arbitration Minimum Standards. Provided JAMS’ criteria are met by the nature of the dispute, the arbitration shall be conducted under JAMS Streamlined Arbitration Rules & Procedures. Each party will pay the fees for each party’s own attorneys, subject to any remedies to which that party may later be entitled under applicable law. However, if you are unable to pay JAMS’ costs, the Seller will pay all arbitration fees and expenses. If JAMS is unavailable, unwilling, or otherwise unable to administer an arbitration in accordance with these rules, then another administrator that will do so will be selected by agreement of the parties.

The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon both you and the Seller. Additionally, the arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement, except that this sentence shall not apply to the Class Action Waiver provisions described below. The arbitrator will render a decision in writing. A court of competent jurisdiction shall have the authority to enter judgment upon the arbitrator's decision/award.

This Arbitration Agreement will survive the termination of your relationship with the Seller.

Excluded Disputes. You and the Seller agree that the following Disputes are excluded from this Arbitration Agreement: (1) any dispute, claim, or controversy arising out of or relating to an alleged violation of a party's intellectual property rights, including but not limited to claims of patent, copyright, trademark, or trade secret infringement. This category of claims and disputes shall be resolved through litigation in a court of competent jurisdiction, rather than through arbitration; (2) individual claims brought in small claims court; (3) any claim that an applicable federal statute expressly states cannot be arbitrated; and (4) any claim for injunctive relief.

Class Action Waiver. To fullest extent permitted by applicable law, you and the Seller agree to bring any claim or dispute, whether in arbitration, or court as permitted by these terms, ON AN INDIVIDUAL BASIS ONLY, AND NOT AS A CLASS ACTION OR COLLECTIVE ACTION. There shall be no right or authority for any claim or dispute to be brought, heard or arbitrated as a class or collective action ("Class Action Waiver"). The arbitration will decide the rights and liabilities, if any, of you and the Seller. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator may award any remedy to which a party is entitled under applicable law, but remedies shall be limited to those that would be available to a party in their individual capacity. Regardless of anything else in this Arbitration Agreement and/or the applicable JAMS rules, the interpretation, applicability, enforceability or formation of the Class Action Waiver may only be determined by a court and not an arbitrator. This Class-Action Waiver will survive the termination of your relationship with the Seller.

One-Year Time Limit to Raise Disputes or Claims. You agree that any dispute, claim or lawsuit, regardless of form, that may arise out of or related to these Terms or your use of the website, must be filed within ONE (1) YEAR of the action, omission, event or occurrence giving rise to the dispute, claim(s) or lawsuit. After the expiration of the one-year period, such dispute, claim(s) or lawsuit will be time-barred and prohibited, without regard to any longer period of time which may be provided by any period of limitation or pursuant to law or statute.

Thirty-Day Right to Opt Out. You have the right to opt out of the arbitration requirement by sending written notice of your decision to opt out to the following e-mail address: contact@customercare.balmain.com within thirty days after first becoming subject to these terms. Your notice must include your name and address, the e-mail address you used to set up your online account (if you have one), and an unequivocal statement that you want to opt out of the arbitration requirement. In the event you opt out, all other parts of this Agreement will continue to apply. Opting out of this arbitration agreement has no effect on any other obligations to arbitrate that you may currently have, or may enter in the future, with the Seller.

Waiver of Jury Trial. BOTH YOU AND THE SELLER HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, except as provided herein. The parties are instead mutually electing that all disputes, claims, or requests for relief shall be resolved by arbitration under this Arbitration Agreement, except as specified herein. An arbitrator can award on an individual basis the same damages and relief as a court and must follow this Agreement as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.

Location. You may choose to have the arbitration conducted by video conference technology such as zoom, or based on written submissions. Otherwise, the location of the arbitration proceeding shall take place in the city or state where you reside, unless each party agrees otherwise, or at another mutually agreed upon location. 

Severability. If for any reason, any portion of these Terms, including this arbitration section, is found to be illegal, void or unenforceable, that portion will be severed, and it shall not affect the validity and enforceability of the remainder of these Terms which shall continue in full force and effect.

If any provision of these Terms of Use is held to be invalid or unenforceable, such provision shall be modified to the minimum extent necessary to make it valid and enforceable, and the remaining provisions shall continue in full force and effect. BALMAIN’s failure to enforce any provision of these Terms of Use shall not constitute a waiver of that provision or any other provision.

6. California Consumer Notice

If the website or any of BALMAIN’s services is deemed an “electronic commercial service” under California Civil Code Section 1789.3, California residents are entitled to know that they may file grievances and complaints with the California Department of Consumer Affairs, 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (800) 952-5210, or online at https://www.dca.ca.gov/consumers/complaints.

BALMAIN is located at 437 Madison Avenue, 20th floor Suite #2003, New York, NY 10022, USA, and may be reached by email at contact@customercare.balmain.com or by telephone at +1(646)-343-9792. Please contact BALMAIN with any questions or concerns regarding the website.

Version dated August 4th , 2026