END USER TERMS - LACOSTE NFT
Welcome to Lacoste NFT website where you can purchase NFTs from Lacoste e-commerce S.A.S. a French company having its registered office 31-37 boulevard de Montmorency, 75016 Paris, France, registered number: 403 285 513 (“Lacoste” or “us”).
These end-user terms ("Terms") govern the purchase and use of Lacoste NFTs on the website https://undw3.lacoste.com/ (the "Website") and the use of Lacoste NFTs on the Secondary Market as defined hereinafter.
You declare that you have read these Terms prior to any purchase or use of Lacoste NFTs, and accept them without reserve.
The Website is intended only for individuals who are at least 18 years old and have the legal capacity to enter into contracts in their country. If you are under 18 years of age or are not legally able to enter into a contract, only your parent or guardian may make a purchase on your behalf.
These Terms are accessible at all times on the Website and in Lacoste NFTs blockchain. This version of the Terms shall prevail over any other contradictory document and on any previous version to the Terms.
3.1 Digital Wallet means a device for receiving, storing, transferring, exchanging or spending crypto-currencies and/or NFTs.
3.2 NFT means a Non Fungible Token (NFT) registered on a Blockchain network. In these Terms, NFT refers only to a Lacoste NFT sold or gifted by Lacoste on the Primary Market through the Website, and Blockchain refers to Ethereum.
3.3 Primary Market refers to the first transaction or transfer of the NFT, including through sale or gifting, from Lacoste to a User.
3.4 User means any natural or legal person accessing the Website, purchasing and/or using a Lacoste NFT. The User, being the addressee of these Terms, may also be referred to as "you".
3.5 Secondary Market means any place of sale, or any mean of transfer or exchange of Lacoste NFTs other than the Website.
3.6 Subsequent User means any natural or legal person purchasing or receiving by any mean a Lacoste NFT from an User or a Subsequent User on the Secondary Market.
The Website allows you to purchase NFTs offered by Lacoste.
You may view Lacoste's NFTs offered for sale on the Website without registering or creating any account.
The purchase of Lacoste NFTs is conditional upon prior registration on the Website, 24 hours before the launch date of the NFTs on June, 15th 2022. This prior registration will allow Lacoste to screen the User's Digital Wallet.
Only pre-registered and validated Users will be able to purchase an NFT. This validation operation takes approximately 48 hours. The User will be informed as soon as his/her Digital Wallet is approved directly on the website.
All intellectual property rights (including any copyright or trademarks) in the architecture, content or any element of the Website and of the NFTs are owned by Lacoste or Lacoste's third party(ies) licensor(s). No intellectual property rights are transferred to you or to any Subsequent User through these Terms. Any total or partial reproduction, representation, modification or use of any element of the Website and of the NFTs for any reason whatsoever is strictly prohibited.
Notably, the User or the Subsequent User shall not (directly or indirectly):
(i) use the Website and/or the NFTs for any purpose other than those set out in the Terms;
(ii) decipher, decompile, disassemble, reverse engineer, scrap or otherwise attempt to derive the source code or underlying ideas or algorithms of any portion of the Website and/or the NFTs, except to the extent permitted by applicable law;
(iii) interfere with the functioning of the Website, impose an unreasonable or disproportionately large load on the Website infrastructure, circumvent any technical measures used by the Website or distribute any virus or any other technology that may harm the Website; or
(iv) modify, translate or otherwise create derivative works of any part of the Website and/or the NFTs.
Please note that the above list of prohibited behaviors is not intended to be an exhaustive list. The User and the Subsequent User shall comply with all applicable laws relating to the use of the Website, the Secondary Market and/or the NFT.
Lacoste reserves the right to refuse to sell other Lacoste NFTs in case of any infringement of the above rules by the User or the Subsequent User.
NFTs are sold at a fixed price, in ETH that includes all taxes.
The price does not include the gas fees (fees paid for the registration of transactions in the Blockchain, which may vary depending on the network used and the transaction date and time). These gas fees are the responsibility of Users, who must ensure that they have sufficient funds in ETH on their Digital Wallet.
To purchase NFTs on the Website, you can select the NFT you wish to purchase before validating the purchase, then, you will need to connect your Digital Wallet and authorize payment for the purchase.
Upon validation of the purchase, you will see an overview of the selected NFTs and the total price, including gas fees. You will be able to return to the previous pages to correct any errors or to change the purchase.
To complete the purchase process, you will need to connect your Digital Wallet.
5.1 Receiving the NFT
Any transfer of NFTs will be registered its the supporting Blockchain: Ethereum.
After payment, you will be redirected to a page confirming your purchase and you will automatically receive the NFT in your Digital Wallet.
5.2 Digital Wallet
You must have a Digital Wallet compatible with the Website in order to receive and store your NFT following your purchase. Compatible Digital Wallets include Metamask, MyEtherWallet and any Digital Wallet compatible with Wallet Connect.
Please note that :
• Digital Wallets are provided by third parties and not by Lacoste. These Terms are not applicable to your use of the Digital Wallet, please refer to the terms and conditions provided by the relevant third parties. Please ensure that you read them carefully before creating your Digital Wallet, and maintain the security of your Digital Wallet;
• Lacoste does not hold any wallet private keys;
• your Digital Wallet public address will be made publicly visible every time you engage in a transaction. This provision shall apply to Subsequent User as well;
• third party Digital Wallet providers may charge you a fee for the service they provide;
• it is the responsibility of each User: (i) to ensure the compatibility of the Digital Wallet with the Website before purchasing the NFTs and (ii) to ensure that the Digital Wallet is operated and stored in appropriate security conditions. Failure to do so may result in the loss or theft of the NFTs. Any action made as a result of the User's Digital Wallet being compromised is the responsibility of the User.
5.3 Know your Transactions checks
Lacoste or its subcontractors shall conduct a KYT (Know Your Transactions) check as appropriate to authenticate you and complete the purchase process. This may involve requiring you to provide with identity documents or personal identifying information. This KYT check may also apply to any transfer of Lacoste NFTs on the Secondary Market.
The User is the owner of the NFTs that he/she purchases in accordance with these Terms, in a legitimate manner and in good faith.
The NFTs sold are personal. As Lacoste wishes to create a community of users, the resale of purchased NFTs is not recommended.
Nonetheless, User has the right to transfer the Lacoste NFT to a Subsequent User on the Secondary Market, subject to the Subsequent User to accept and comply with these Terms.
Subject to compliance with these Terms, the User or the Subsequent User is authorized, on a non-exclusive basis, to use, reproduce and display the artwork associated with the NFTs that he/she legitimately owns, for personal and non-commercial purposes only.
Under no circumstances may the User or the Subsequent User, without Lacoste's prior written consent, do or attempt to do any of the following with the NFTs, whether or not owned by the User or the Subsequent User:
(i) use the NFT and its associated artwork for any purpose other than those intended, including but not limited to commercial purposes, advertising or promotion of a third party product or service;
(ii) modify the artwork associated with the NFT;
(iii) the NFT may not be used as a financial collateral.
In compensation of the rights listed in this Article 6, Lacoste shall receive a license fee for each transfer of a Lacoste NFT (“License Fee”) on the Secondary Market. The License Fee is calculated based on the total gross amount paid, excluding any Gas Fee. The License Fee is 7,5% for any single transfer of the Lacoste NFT.
User and Subsequent User acknowledge that Lacoste shall be entitled to censor any NFT owned by an User or a Subsequent User who does not comply with these Terms.
If you are a consumer, you benefit from a legal guarantee of conformity for digital content, in accordance with articles L. 224-25-12 et seq. of the French Consumer Code, and a legal guarantee for hidden defects, in accordance with articles 1641 et seq. of the French Civil Code.
8.1 Legal guarantee of conformity for digital content
The NFTs include digital content (e.g. the digital artwork associated to the NFT), which must conform to the description of the corresponding NFT and the provisions of these Terms. Lacoste is liable for any defects in conformity that appear within two (2) years from the purchase of the NFT.
In the event of a lack of conformity, you are entitled to have the content brought into conformity or, failing that, to have the purchase price reduced or the purchase of the NFT cancelled in accordance with Articles L. 224-25-12 et seq. of the French Consumer Code.
8.2 Guarantee of hidden defects
Lacoste guarantees you against hidden defects in the NFTs purchased on the Website.
The defect must predate the purchase of the NFT and render it unfit for the purpose for which the NFT is intended or so impairing such purpose that you would not have purchased it, or would have paid less for it, had you known of it.
This guarantee is valid for two (2) years from the discovery of the hidden defect. You will then have the choice of returning the NFT and having the price refunded, or keeping the NFT and having part of the price refunded.
You are informed and you expressly agree that, by purchasing an NFT, the associated digital content will be provided to you immediately.
In accordance with the provisions of Article L221-28, 13° of the French Consumer Code, subject to you expressly waive the exercise of your right of withdrawal, you do not benefit from a right of withdrawal corresponding to the purchase of NFT.
The Website may include links toward other websites or other Internet sources. Lacoste is not responsible for these external sites and sources, including but not limited to:
• the content, advertising, products, services or other materials available on those external sites or sources; and/or
• for any loss or damage, direct or indirect, arising directly or indirectly from the use of the content, advertisements, products, services or any other element available on these external sites or sources.
Lacoste will use commercially reasonable efforts to ensure the security of the Website. However, Lacoste cannot guarantee that the Website and/or the NFTs will be free of viruses and/or other computer code that may contain contaminating or destructive features.
It is the User's responsibility to put in place appropriate computer security measures (including anti-virus and other security controls) to meet its particular information security and reliability needs.
12.1 Liability of Lacoste
In the event of proven fault, Lacoste shall only be liable for direct and reasonably foreseeable damages, unless otherwise provided by applicable law, arising out of the use of the Website and NFT. Indirect damages are expressly excluded.
If you are not acting as a consumer, in any event Lacoste's liability arising out of or in any way related to these Terms, the Website or the NFTs shall be limited to 0,08 ETH.
Lacoste shall not be liable to you and shall not be deemed to be in breach or default of these Terms, for any failure or delay in the performance or observance of these Terms, where and to the extent that such failure or delay is caused by or results from a force majeure event.
12.2 Acceptance of the risks inherent in NFTs by the User
NFTs are highly volatile assets. Their value depends on many factors. Their value is not guaranteed and can become zero. By purchasing NFTs, User and Subsequent User expose themself to the risk of partial or total loss of the purchase price, which User and Subsequent User accept.
All transactions on the NFTs are conducted through the Blockchain, which is an emerging technology that may involve risks:
• any malfunction, vulnerability, unintended function or unexpected operation of the Blockchain network may cause NFTs to malfunction or operate unexpectedly or in an unintended way;
• the Blockchain network may be subject to specific weaknesses, which make them possible targets for specific cyber security threats;
• loss or theft of the means of access, in particular the private key to User and Subsequent User’s Digital Wallet, or misuse of the Digital Wallet, may result in the loss of access to User and Subsequent User’s NFTs;
• Bugs or vulnerabilities in the NFTs, associated smart contracts or in their operation may result in the loss of access to User and Subsequent User NFTs.
Any of the above may result in the NFTs becoming worthless.
By agreeing to these Terms, User and Subsequent User acknowledge that you are fully aware of these risks and accept them. Lacoste cannot be held liable for any of these risks and any loss of value of User and Subsequent User’s NFT.
User and Subsequent User are solely responsible for the secure storage of your Digital Wallet private keys. Lacoste shall not be liable for any damages related to the User and Subsequent User's Digital Wallet and its use or to a transfer of NFTs on the Secondary Market.
12.3 Risks related to regulatory changes
User and Subsequent User understand and acknowledge that the legislative and regulatory regimes in the areas relating to NFTs, crypto-assets, crypto-currencies and blockchain-based services may be subject to rapid legislative and regulatory change which could impact your use of the Website and/or NFTs.
Lacoste shall not be liable for any consequences associated with such legislative and regulatory evolutions.
Information that directly or indirectly identifies User and Subsequent User (hereinafter "Personal Data") is processed by Lacoste in connection with the User's use of the Website or transfer of the NFTs, including the case may be by means of cookies.
For more information on how Lacoste processes your personal data and its use of cookies, please refer to the privacy policy available here: https://www.lacoste.com/fr/privacy.html.
1'.1 Terms amendment
Lacoste may amend the Terms at any time, to the extent that this appears necessary due to changes in legislation or regulations, market developments or for organizational reasons.
You will be informed of any substantial changes before they take effect, if applicable.
The new version of the Terms will apply from the day of its publication on the Website or on the Lacoste NFT blockchain. Any purchase of NFT made after the publication of the new Terms on the Website or on the Secondary Market will be governed by the new Terms.
If the User and Subsequent User does not agree with the revised Terms, it is the User and the Subsequent User's responsibility to cease using the Website or the NFT.
Continued use of the Website or the NFT constitutes acceptance of the revised Terms.
14.2 Null and void clauses and no waiver
If any non-essential provision of these Terms are declared null and void, inapplicable or without object by a regulation or a final decision of a competent authority, this provision will be deemed unwritten, all other provisions of these Terms remaining applicable.
Lacoste's failure to rely on your breach of any of the provisions of these Terms does not constitute a waiver of its rights or of its right to rely on such breach at a later date.
14.3 Jurisdiction and applicable law
These Terms, as well as any purchase of Lacoste NFT, shall be governed by and construed in accordance with French law.
In the event of a dispute, you agree to contact Lacoste directly to try to resolve the dispute amicably. Complaints should be addressed to Lacoste's customer service department here: https://www.lacoste.com/fr/contactus
In the event of failure, and in accordance with Article L. 612-1 of the Consumer Code, you may have free recourse to the mediation service to which Lacoste adheres:
Service du Médiateur du e-commerce de la FEVAD (Fédération du e-commerce et de la vente à distance): 60 Rue La Boétie – 75008 Paris – http://www.mediateurfevad.fr.
You can also visit the European Online Dispute Resolution Platform at https://webgate.ec.europa.eu/odr/.
If you are not acting as a consumer, any dispute and/or difficulty in the interpretation or execution of these Terms shall be brought before the competent court of Paris (France).