Terms of Use

L'École Van Cleef & Arpels has its registered offices at 22 Place Vendôme, 75001 Paris, France (“we”, “us,” and “our”). We own and edit these Platforms (our websites and any associated mobile applications). The Platforms are operated with the technical support of Richemont International SA (the "Provider").

These terms of use (“Terms of Use”) govern your use of our websites and mobile applications (together, the “Platforms”). Our Privacy Policy, as available on the Platforms, expressly forms part of and is governed by these Terms of Use. 

By accessing and using our Platforms you agree to these Terms of Use, so please read these Terms of Use carefully. If you do not agree to these Terms of Use, you must stop using and accessing our Platforms immediately.

Updates to these Terms of Use

We may revise these Terms of Use at any time. The latest version will always be available on our Platforms. Any changes are effective immediately upon posting. Your continued use of our Platforms following any change indicates your acceptance of our updated Terms of Use. 

Our information collection practices on the Platforms, such as the types of information we collect regarding visitors to the Platforms and the ways in which we may use that information, are governed by the terms of our Privacy Policy (available on the Platforms). 

Customers purchasing courses or services online or at a distance through our Client Relations Center must refer to our Conditions of Sale (available on the Platforms) which sets out purchase conditions.

We have created various Platforms to provide information about us and our courses, workshops, and educational services for personal use. We have made a considerable effort to ensure that the visual representations of the courses and materials displayed on the Platforms are representative of the content, design and style, etc. of the original offerings: slight variations, distortions and/or differences may be apparent when compared to the original (e.g. due to technical issues or different computer settings). Accordingly, we cannot be held liable for any apparent differences in the images represented on the Platforms and the original courses or materials. We strongly advise that you contact us or visit one of our campuses prior to making a booking.

You may download one computer copy or print one copy of the material made available to you via the Platforms, or download the application on to your mobile device, for your own non-commercial, educational, private or domestic use only, provided you do not modify or delete any copyright©, trademark™ or other proprietary notice that appears on the Platforms. Any other use is strictly prohibited. Unless otherwise stated, you should assume that everything that you see or read on the Platforms (such as creations, courses, course materials, images or photographs, including any person represented in the photographs, illustrations, icons, texts, video clips, music, written and other materials) (“Materials”) is protected by legislation such as copyright, designs and trademark legislation and under international treaty provisions and national laws worldwide.

You are not authorized to sell, reproduce, distribute, communicate, modify, display, publicly perform, report or otherwise prepare derivative or second-hand works based on or use any of our Materials in any way for any public or commercial purposes. This includes, without limitation, any course content, teaching materials, methodologies, or educational resources provided through our Platforms or during our courses. Furthermore, our Materials may not be displayed or communicated on any other platform, in a networked computer environment or on any other digital platform for any purpose whatsoever. In the event of breach of any of these Terms of Use, your permission to use our Materials will automatically terminate and any copies made of our Materials must be destroyed immediately. Any unauthorized use of our Materials may infringe copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

Attendance at our courses does not grant you any intellectual property rights in the course content, teaching methods, or materials provided. Any materials distributed during courses are for your personal educational use only and may not be shared, reproduced, or used for commercial purposes.

This section concerns communications sent to us. It does not concern the communication of personal information which is covered by our Privacy Policy.

Any unsolicited communication or material that you transmit to us via the Platforms or through social media, by electronic mail or otherwise, including, but not limited to, any data, questions or answers, comments, suggestions, ideas, proposals for collaboration or the like will be treated as non-confidential and non-proprietary by us. You must not upload any material that acts contrary to our interests, in particular by modifying, damaging or overloading the Platforms. 

By enrolling in or attending our courses, you grant us a non-exclusive, royalty-free, worldwide licence to photograph, film, and record your participation (including your image and voice) for promotional, educational, and archival purposes. If you do not wish to be photographed or recorded, please inform us in writing prior to the commencement of your course.

We try to ensure that the information provided is accurate and complete. However, we do not warrant or represent that our Materials are accurate, error-free or reliable or that use of our Materials will not infringe rights of third parties. 

We do not warrant that the functional and/or technical aspects of the Platforms or that our Materials will be error free or that the Platforms, our Materials or the servers that make them available are free of viruses or other harmful components. If use of the Platforms or our Materials results in the need for servicing or replacing property, material, equipment, data or other elements, we are not responsible for those costs. Without limiting the foregoing, everything on the Platforms is provided to you “AS IS” AND “AS AVAILABLE” AND, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, REASONABLE CARE AND SKILL OR NON-INFRINGEMENT. We and our suppliers make no warranties about our Materials, software, text, downloads, graphics and links, or about results to be obtained from using the Platforms.

To the fullest extent permitted by applicable law, we shall not be liable for any indirect, incidental, special or consequential damages of any kind arising out of or in connection with the use of information available from the Platforms or any liability relating to any loss of use, interruption of business, lost profits or lost data, regardless of the form of action, whether in contract, tort (including negligence) or otherwise, even if we have been advised of the possibility of such damages. 

Please note that in some jurisdictions consumer protection laws may not allow certain exclusions or limitation of warranties or liabilities, so some of the exclusions and limitations above may not apply.

In general, all trademarks, logos and service marks (collectively, the “Trademarks”) that appear on the Platforms are registered, unregistered or otherwise our protected trademarks or are licensed for use by us by third parties. Other trademarks are proprietary marks and are registered to their respective owners. Nothing contained on the Platforms should be construed as granting, by implication or otherwise, any license or right to use any trademark without our prior written permission or that of such third party who owns the trademark. Misuse of any trademark displayed on the Platforms, or any other content on the Platforms, except as provided herein, is strictly prohibited.

All content (including our Materials) on the Platforms is either our copyright or is licensed for use by us. All rights are reserved. Please refer to the section above on Use of Materials on the Platforms.

The Platforms may contain links to other platforms operated by third parties not affiliated to us. The inclusion of any link to such third-party sites does not imply endorsement by us of those sites. We have not reviewed all of the content contained in the linked sites and we are not responsible for the content or accuracy of any off-site pages or any other sites linked to any of the Platforms. If you choose to click through any link to off-site pages or third-party sites, then this is at your own risk.

You agree that we may terminate or suspend your access to and use of the Platforms if we reasonably believe that you have violated or acted inconsistently with these Terms of Use or violated our rights, the rights of our affiliated companies or any third party, with or without notice to you. You agree that we may modify or discontinue providing any of the Platforms, with or without notice to you. We will not be liable to you or any third party for any modification or discontinuation. The provisions entitled “Limitation of liability” and “General provisions” will survive termination of these Terms of Use.

When attending our courses or visiting our campuses, you agree to comply with all applicable rules of conduct, safety guidelines, and instructions provided by our staff. We reserve the right to refuse entry to or remove any participant who, in our reasonable opinion, behaves in a manner that is disruptive, offensive, or poses a risk to the safety or enjoyment of other participants or staff.

Unless otherwise specified, the information and our Materials presented on the Platforms are presented solely for the purpose of promoting our courses and services and, in certain cases, to present courses and services for sale. We make no representation that our Materials are appropriate or available for use in every country of the world. You are responsible for compliance with applicable local laws, keeping in mind that access to our Materials may not be legal by certain persons or in certain countries. Our courses and services are available in many parts of the world but the Platforms may identify courses and services that are not available worldwide.

If any provision of these Terms of Use shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions unless otherwise required by operation of applicable law.

These Terms of Use constitute the entire agreement between you and us in relation to the use of the Platforms, and replace and extinguish all prior agreements, draft agreements, arrangements, undertakings or collateral contracts of any nature, whether oral or written, in relation to such subject matter.

The waiver by us of a breach of any provision of these Terms of Use will not operate to be interpreted as a waiver of any other or subsequent breach. 

1. Disputes that Must Be Arbitrated 

This agreement applies to any “Dispute” between you and us. “Dispute” means any dispute, claim, or controversy (excluding those exceptions listed below) between you and us that arise out of your use of the Platforms, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, for which either of us seeks legal recourse, including the validity, enforceability, or scope of this agreement to arbitrate or any portion of it. 

The exceptions to this arbitration requirement are: (i) claims that can be brought as individual actions in small-claims court; (ii) pursuit of enforcement actions through a government agency if the law allows; (iii) an action to compel or uphold any prior arbitration decision; (iv) your or our right to seek injunctive relief in a court of law to preserve the status quo while an arbitration proceeds; (v) claims of intellectual property infringement; (vi) claims that are the subject of a proposed class or collective action settlement in any court; (vii) the enforceability of the requirement that arbitrations must be conducted on an individual rather than a class basis; and (viii) certain roles expressly specified for courts in the terms below.

2. Informal Resolution 

If you have a Dispute against us or if we have a dispute against you, we will attempt to resolve the Dispute informally before an arbitration is filed in order to resolve the Dispute faster and reduce costs for both parties. You and we will make a good-faith effort to negotiate the resolution of any Dispute for at least 30 days (“Informal Resolution”) from the day you or we receive a written notice of a dispute from the other party (a “Notice of Dispute”) in accordance with these Terms. 

You must send any Notice of Dispute by email or via U.S. mail to the contact details provided at the end of these Terms. 

We will send any Notice of Dispute to your registered email address and ATTN: NOTICE OF DISPUTE to the email address and any address you have provided us. The Notice of Dispute sent by either party must include the sender’s name, address, and other contact information, a description of the Dispute (including any relevant account names), and what resolution to the Dispute is being sought. 

The Notice requirement is designed to allow us (or you, in the case of a dispute we assert against you) to make a fair, fact-based offer of settlement if we or you choose to do so. Neither party can proceed to arbitration unless this information has been provided. If either party proceeds to arbitration without providing a compliant Notice of Dispute, the sufficiency of a Notice of Dispute is an issue to be decided by a court. A court may enjoin the filing of an arbitration demand that has not been preceded by a compliant Notice of Dispute and may order a party that has filed an arbitration demand without having provided a compliant Notice of Dispute to reimburse the other party for any arbitration fees and costs already incurred. 

3. Small-Claims Court

You and we agree that notwithstanding the obligation to arbitrate Disputes, Disputes that qualify for small-claims court in either the county where you live or in the State of New York, may be brought as individual actions in such small-claims courts. We hope you’ll try Informal Resolution first, and you must do so before commencing an arbitration, but you don’t have to complete the Informal Resolution process before going to small-claims court.

4. Binding Individual Arbitration 

THE ARBITRATION PROCEEDINGS IN THIS SECTION WILL BE CONDUCTED ON AN INDIVIDUAL BASIS ONLY. Under no circumstances do we consent to have any Disputes arbitrated using class action procedures, even if the arbitration provider has rules permitting class arbitrations. 

You and we agree that Disputes will be settled by binding individual arbitration conducted by the American Arbitration Association (“AAA”) according to the U.S. Federal Arbitration Act (“FAA”) and federal arbitration law and according to the Consumer Arbitration Rules of the American Arbitration Association, as modified by these Terms.  These Terms affect interstate commerce, and the enforceability of this Section will be substantively and procedurally governed by the FAA, 9 U.S.C. § 1, et seq., to the extent permitted by law. 

“Arbitration” means that Disputes between you and us will be resolved by a neutral arbitrator instead of in a court by a judge or jury. 

“Individual” means that the arbitrator may award the same remedies to you or to us as a court could, but only to satisfy your or our individual claims. To the fullest extent allowed by applicable law, the arbitrator may not award money or other relief for the benefit of any person other than you or us as part of the resolution of any Dispute. 

“Binding” means that both you and we will have to live with the arbitrator’s decision, except to the limited extent appeals to a court are permitted under the FAA. As limited by the FAA, these Terms, and the rules applicable to the arbitration, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any Dispute and to grant any remedy that would otherwise be available in court, including the power to determine the question of arbitrability. The arbitrator will have authority to award temporary, interim, or permanent injunctive relief or relief providing for specific performance of these Terms, but (as provided above) only to the extent necessary to provide relief to a party in arbitration warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction. 

5. Arbitration Procedure and Location 

You or we may initiate arbitration of any Disputes not resolved by Informal Resolution by filing a Demand for Arbitration with the AAA in accordance with the Consumer Arbitration Rules of the American Arbitration Association. Instructions for filing a Demand for Arbitration are available at https://www.adr.org/Rules or by calling the AAA at 1-800-778-7879, TTY 711.  You will send a copy of any Demand for Arbitration by email or via U.S. mail to the address provided in the contact information at the end of these Terms.  

We will send any Demand for Arbitration to the email address and to any address you have provided us. 

The arbitration will be conducted by a single arbitrator. You and we both agree that the arbitration will be conducted in the English language and that the arbitrator will be bound by these Terms. 

For Disputes in which the claimant seeks less than $10,000, the arbitrator will decide the matter solely on the basis of written submissions, without a formal hearing, unless the arbitrator decides that a formal hearing is necessary. For matters in which the claimant seeks $10,000 or more, or smaller matters in which the arbitrator determines a hearing to be necessary, hearings shall be conducted by video or telephone, unless the arbitrator determines an in-person hearing to be necessary. If an in-person hearing is required, and you reside in the United States, the hearing will take place in the State of New York  unless the arbitrator determines that this would pose a hardship for the claimant, in which case the in-person hearing may be conducted in the claimant’s state and county of residence. If you reside outside the United States, the site of any in-person hearing will be determined by the applicable Rules. 

The arbitrator shall permit you and us to file a dispositive motion(s) to determine threshold issues, such as arbitrability and whether the Demand for Arbitration states a claim for which relief may be granted. 

The arbitrator (not a judge or jury) will resolve the Dispute. Unless you and we agree otherwise, any decision or award will include a written statement stating the decision of each claim and the basis for the award, including the arbitrator’s essential factual and legal findings and conclusions. 

To the fullest extent allowed by applicable law, the arbitrator may only award legal or equitable remedies that are Individual to you or us to satisfy one of our individual claims (that the arbitrator determines are supported by credible relevant evidence). 

An arbitration award, and any judgment confirming it, apply only to that specific case; it cannot be used or offered as precedent in any other case except to enforce the award itself. 

Any decision or award may be enforced as a final judgment by any court of competent jurisdiction or, if applicable, application may be made to such court for judicial confirmation of any award and an order of enforcement. 

6. Consumer Arbitration Fees 

Payment of all filing, administration, and arbitrator costs and expenses imposed by the AAA will be governed by the Consumer Arbitration Rules, except if you are initiating an arbitration against us and the value of the relief sought is $10,000 or less. Even if the Dispute involves a claim of damages of more than USD $10,000, we may still help you with your fees if you demonstrate that arbitration costs will be prohibitive compared to litigation costs, we will pay as much of your arbitration costs as the arbitrator finds is necessary to prevent arbitration from being cost-prohibitive (as compared to the cost of litigation).

Notwithstanding our agreement to pay all of the arbitration costs if the Dispute involves a claim of damages of USD $10,000 or less, we will not pay a claimant’s share of fees if (1) the claimant is represented by the same common or coordinated counsel as other claimants with similar claims unless the total aggregated claim of damages is USD $10,000 or less for all claimants; or (2) you comply in good-faith with the Informal Resolution provision of this section. 

You and we agree not to seek any attorneys’ fees and expert witness costs unless the arbitrator finds that a claim or defense was frivolous or asserted for an improper purpose. Applicable law may allow the arbitrator to award attorneys’ fees and costs to the prevailing party.

You are responsible for all other additional costs that you may incur in the arbitration, including attorney's fees and expert witness costs, unless we are otherwise specifically required to pay such fees under applicable law. 

Arbitration costs do not include your attorneys’ fees and expenses if you choose to be represented by an attorney. If you choose to be represented by an attorney, you will pay your own attorneys’ fees and costs unless the applicable law provides otherwise. 

If we start an arbitration against you, we will pay all filing fees. 

7. Coordinated Filings 

If 25 or more Disputes are initiated with the arbitrator that raise similar claims, and counsel for the claimants are the same or coordinated, these will be considered “Coordinated Cases.” We will pay only its share of arbitration fees for Coordinated Cases; the claimants will be responsible for their share of those fees as set by the Rules and the AAA’s fee schedule for mass arbitrations. Applicable statutes of limitations will be tolled for all claimants who have provided compliant Notices of Dispute to us, but demands for arbitration in Coordinated Cases shall only be filed with the arbitration provider as permitted by the bellwether process set forth below, and we shall not be required to pay any fees associated with cases that this agreement does not allow to be filed. 

Once all Notices of Dispute have been provided to us for Coordinated Cases, counsel for claimants and counsel for us shall confer in good faith regarding the number of cases that should proceed as bellwethers, to allow each side to test the merits of its arguments, before the remainder of claims may be filed with the arbitration provider. Any number chosen must be an even number so as to allow each side to designate its half of the cases selected for bellwether trials. If counsel for claimants and for us do not agree on the number of bellwethers, the number shall be chosen by the arbitration provider as an administrative matter (or, in the arbitration provider’s discretion, by a process arbitrator). Factors that the arbitration provider may consider in making this decision include the complexity of the dispute and differences in facts or applicable laws among various claims. Once the number of bellwethers is fixed, by agreement or by the arbitration provider, each side shall select half that number from among the claimants who have provided compliant Notices of Dispute, and only those chosen claims may be filed with the arbitration provider. You agree that if your case is among Coordinated Cases filed against us, resolution of your personal claim might be delayed by this bellwether process. Nothing in this paragraph shall be construed to delay the resolution of uncoordinated Disputes based on similar claims to Coordinated Cases filed against us.  

A single arbitrator shall preside over each Coordinated Case chosen for a bellwether proceeding, and only one Coordinated Case may be assigned to each arbitrator as part of a bellwether process unless the parties agree otherwise. 

Once all bellwether trials have concluded (or sooner if the counsel for the claimants in the Coordinate Cases and we agree), the parties must make a good-faith effort to resolve all remaining cases that were not chosen for a bellwether proceeding by engaging in a single mediation of all remaining cases. Each side shall pay half the applicable mediation fee. Counsel for claimants in the Coordinated Cases and for us must agree on a mediator within 30 days after the conclusion of the last bellwether trial. If counsel for claimants in the Coordinated Cases and for us cannot agree on a mediator within 30 days, the arbitration provider will appoint a mediator as an administrative matter. Counsel for the claimants in the Coordinated Cases and for us will cooperate for the purpose of ensuring that the mediation is scheduled as quickly as practicable after the mediator is appointed. 

If the mediation does not yield a global resolution, then claimants in Coordinated Cases who provided compliant Notices of Dispute but whose claims were not resolved in bellwether proceedings shall no longer have the right to arbitrate their Dispute. Instead, outstanding claims from such cases may be filed only in the state courts of New York, and you consent as part of these Terms to venue such cases exclusively in these courts. Nothing in this paragraph shall be construed as prohibiting either you or us from removing a case from state to federal court if removal is allowed under applicable law. To the extent you are asserting the same claims as other persons and are represented by common or coordinated counsel, you agree to waive any objection that the joinder of all such persons is impracticable. If a formerly arbitrable Dispute is brought in court, claimants may seek class treatment, but to the fullest extent allowed by applicable law, the classes sought may comprise only the claimants in the Coordinated Cases who provided compliant Notices of Dispute, and we reserve the right to contest class certification at any stage of the litigation and on any available basis. 

A court shall have authority to enforce this bellwether process and may enjoin the filing of lawsuits or arbitration demands not made in compliance with it. 

8. Continuation in Effect 

The dispute resolution process set forth in this agreement survives the termination of any other agreement between you and us.

9. Future Terms Changes 

Although we may revise these dispute resolution terms in its discretion, we do not have the right to alter this agreement, or the arbitration rules specified herein, with respect to any Dispute once that Dispute arises if such change would make arbitration procedures materially less favorable to the claimant.  The question of whether a change is materially less favorable to the claimant shall be decided by the arbitration provider as a process matter.

10. Class Action Waiver 

To the maximum extent permitted by applicable law, disputes, claims, and controversies not subject to the requirement to arbitrate (including, but not limited to, claims filed in small claims court and claims that are deemed not subject to the requirement to arbitrate) may not be aggregated together in a class action, except that (as set forth above in Coordinated Filings provision) if a formerly arbitrable Dispute is brought in court, claimants may seek class treatment, but to the fullest extent allowed by applicable law, the classes sought may comprise only the claimants in the Coordinated Cases who provided compliant Notices of Dispute, and we reserve the right to contest class certification at any stage of the litigation and on any available basis.  Accordingly, to the maximum extent permitted by applicable law, you and we will only bring disputes, claims, or controversies between us in an individual capacity only and shall not:

• seek to bring, join, or participate in any class or representative action, collective or class-wide arbitration, or any other action where another individual or entity acts in a representative capacity (like private attorney general actions); or

• consolidate or combine individual proceedings or permit another to do so without the express consent of all parties to these Terms. 

11. Severability 

If all or any provision of this agreement is found invalid, unenforceable, or illegal, then you and we agree that the provision will be severed, and the rest of these terms shall remain in effect and be construed as if any severed provision had not been included. The sole exception is that if the prohibition on class arbitrations is found invalid, unenforceable, or illegal, you and we agree that this entire agreement to arbitrate (but not the separate class action waiver) will be void and unenforceable and any dispute will be resolved in court subject to the venue and choice of law clauses specified herein.

12. Your 30-Day Right to Opt Out

You have the right to opt out of and not to be bound by the Binding Individual Arbitration provisions set forth in these Terms (except for the class action waiver, which is not subject to an opt-out). To exercise this right, you must send written notice of your decision by email or via U.S. mail to the contact details provided at the end of these terms. 

Your notice must include your name, mailing address, and email address associated with your account with us, and state that you do not wish to be bound by the Binding Individual Arbitration provisions set forth in these Terms. TO BE EFFECTIVE, THIS NOTICE MUST BE EMAILED, POSTMARKED OR DEPOSITED WITHIN 30 DAYS OF THE DATE ON WHICH YOU FIRST ACCEPTED THESE TERMS UNLESS A LONGER PERIOD IS REQUIRED BY APPLICABLE LAW; OTHERWISE, YOU WILL BE BOUND TO ARBITRATE DISPUTES IN ACCORDANCE WITH THIS SECTION. You are responsible for ensuring that we receive your opt-out notice, so you may wish to send it by a means that provides a delivery receipt. If you opt out of these provisions, we will not be bound by them with respect to disputes with you.

These Terms of Use shall be governed by and construed in accordance with the laws of the state of New York, without reference to conflict of laws provisions. Any dispute shall be adjudicated or arbitrated in accordance with these Terms of Use. Where the laws of the state of New York are different from the mandatory consumer laws in your own country, we will afford you similar protection.

contact@lecolevancleefarpels.com

L'École Van Cleef & Arpels\v22 Place Vendôme, 75001 Paris, France, + 33 1 70 70 36 00