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Use conditions

The following conditions of use apply to the websites available at the URLs www.hugoboss.com, www.renelezard.de, www.rene-lezard.com, www.renelezard.com and www.rene-lezard.com as well as the associated services (together “RENÉ LEZARD sites”), which are operated by the RENÉ LEZARD Mode GmbH (“RENÉ LEZARD”), Industri-estraße 2, 97359 Schwarzach (Germany). With the use of this website (ac-cess to this website, browsing in this website, downloading this website or other utilisation of this website and/or its contents) you are obligated to ad-here to these conditions of use and agree with validity. Adverse or divergent conditions on your part which contradict these conditions of use are by no means taken into consideration, unless the René Lezard Mode GmbH ap-proves this in writing.

Registration

The registration and the transmission of certain registration data can also – and in particular with regard to establishing a user account – be required from you as the user of the RENÉ LEZARD site. You are solely responsible for the content of your registration, and thereby for the data which you provide about yourself, and assure that it is true. You are obligated to immediately make all changes pertaining to your registration in your user account. If the René Lezard Mode GmbH is of the opinion that your details are erroneous, not up to date or incomplete, or if the René Lezard Mode GmbH is of the opinion for other reasons that such measures are appropriate, the René Lezard Mode GmbH can deny access to the RENÉ LEZARD site, the services and the contents of the RENÉ LEZARD site, and may cancel and/or close your existing user account if necessary. You are responsible for the secrecy of your password and also if necessary for existing data as well as for all activities which occur with regard to your user account. Unauthorised uses of your user account are to be reported to the René Lezard Mode GmbH immediately. Your registration is linked to you per-sonally. You are not authorised to disclose or to provide your account, your password and other existing data to other persons. In the event of a violation of these conditions, the René Lezard Mode GmbH is entitled to cancel and/or close your account. You are entitled to de-register in writing or per e-mail without statement of reasons at any time.

Copyrights and other protective rights

All materials contained in this website – especially web pages, programmes, graphics, illustrations, audio, video, scripts and texts – represent the intellec-tual property (© 1999-2009) of RENÉ LEZARD. All rights reserved. Unless designated otherwise, you should assume that everything you see or read on this website is legally protected. All materials may only be viewed, copied, printed out and forwarded for personal, non-commercial and informa-tional purposes. Any copies must include a copyright reference to RENÉ LEZARD. Included references to protected rights may not be removed. A commercial and/or public utilisation is prohibited. The restricted authorisation for utilisation of materials also and particularly for registered users is expressly linked to the stipulation of acknowledgment, observance and preservation of all copyrights, trademark rights and other protective rights of the René Lezard Mode GmbH and its affiliated companies as well as the content and technology provider.

Trademarks

The logos and labels shown on the RENÉ LEZARD site, particularly RENÉ LEZARD, are registered or non-registered trademarks of RENÉ LEZARD or one of its licensors.

No licence

A licence or any other right for utilisation of the contents depicted on the RL site will not be granted neither expressly nor implicitly nor in any other man-ner without written authorisation from RENÉ LEZARD or the respective licen-sor. Any abusive utilisation of materials is strictly forbidden and will be pur-sued through civil action and criminal proceedings by RENÉ LEZARD.

Submissions

All comments, suggestions, ideas and other contents which you make acces-sible to RENÉ LEZARD are considered to be forwarded on a non-confidential basis. RENÉ LEZARD reserves the right to utilise this information in its sole discretion. RENÉ LEZARD is not subject to any obligation (i) to treat submis-sions as confidential, or (ii) to respond to any submissions. You are liable to ensure that none of your submissions violate the rights of third parties (in-cluding copyrights, trademark rights, patent rights, trade secrets, privacy or other personal rights or intellectual property rights), and therefore release RENÉ LEZARD from all claims by third parties, including reasonable costs of legal defence.

User behaviour

As user of the RENÉ LEZARD site you are obligated to observe the law of the Federal Republic of Germany. You are above all obligated to compliance with the valid legal provisions for the protection of minors. In particular, it is prohibited to send contents or make contents accessible via the RENÉ LEZARD site that are (i) libellous, defamatory, obscene, insulting, pornographic, glorifying violence or represent a violation of privacy; (ii) vio-late industrial protective rights or (iii) advertise products or services or solicit financial funds. User activities that aim to damage the RENÉ LEZARD site or at least to com-plicate its use are prohibited and can be pursued through civil action and criminal proceedings. The RENÉ LEZARD site (including its services) may not be used for any other unlawful purposes either. In particular, it is prohibited to register third parties without their knowledge and express consent for the newsletter service, or to register third parties for competitions on the RENÉ LEZARD site without their knowledge and express consent. Conditions of participation in competitions The RENÉ LEZARD sites can include the invitation to participate in competi-tions. The following conditions apply to all competitions: (i) RENÉ LEZARD employees and employees of associated companies as well as their relatives are excluded from participation in the competitions; (ii) a cash payment and/or an exchange of prizes are not possible; (iii) all decisions are final.

Liability

You are responsible for all of your activities on and in connection with the RENÉ LEZARD site. Legal guardians are liable for their children. RENÉ LEZARD endeavours to meticulously take care of and maintain the RENÉ LEZARD site. However, RENÉ LEZARD does not guarantee that the RENÉ LEZARD site is accessible or usable and virus-free at any time. Fur-thermore, RENÉ LEZARD does not advocate that the RENÉ LEZARD site is al-ways up to date and error-free. Delays, clerical errors but also incorrect in-formation can also appear. Accordingly, the René Lezard Mode GmbH particu-larly does not assume any responsibility for the topicality, accuracy, com-pleteness or quality of the website and the information provided there as well as for possible misuse of information. This also applies to unauthorised ac-cess to user accounts and especially to the unauthorised access to personal user data by third parties. In view of the restricted possibility to utilise materials also and especially by registered users, the René Lezard Mode GmbH neither guarantees a satisfac-tory quality nor suitability for a specific purpose nor the non-infringement of protective rights of the intellectual property of third parties. If you use ma-terials, you are responsible for compliance with all relevant laws and provi-sions. RENÉ LEZARD is only liable insofar as RENÉ LEZARD, their vicarious agents and/or legal representatives are guilty of wilful or grossly negligent behav-iour. In the event of slight negligence, RENÉ LEZARD is only liable insofar as es-sential contractual obligations are violated through RENÉ LEZARD, their vi-carious agents and/or legal representatives. In this case, a liability on the part of RENÉ LEZARD and/or their vicarious agents and legal representatives is precluded with respect to indirect damages; particularly consequential harm caused by a defect, unforeseeable damages or untypical damages as well as lost profit. A legally prescribed strict liability on the part of RENÉ LEZARD – particularly a legal liability under a guarantee – remains unaffected by the preceding lia-bility restrictions. The same applies to the liability on the part of RENÉ LEZARD with regard to culpable injury of life, limb or health. The preceding five paragraphs encompass all contractual and non-contractual claims which result from this agreement or the use of the RENÉ LEZARD site.

Links

The RENÉ LEZARD site may contain indirect or direct links to other websites whose contents cannot be administered or influenced by RENÉ LEZARD. This merely involves nothing but references. RENÉ LEZARD is neither liable for the accuracy and the content of these websites nor for the material that can be procured via these websites. The linked page of the respective website is examined for possible legal violations. However, a permanent textual moni-toring of linked pages is unreasonable without concrete indications of an in-fringement. This is why the René Lezard Mode GmbH quite providently disas-sociates itself from the contents of linked websites. This applies to all links and references placed within the Internet offer of the René Lezard Mode GmbH as well as to external entries, contents of discussion forums, blogs, mailing lists and the like.

Data usage and data protection

The René Lezard Mode GmbH observes the statutory data protection provi-sions. The acquisition and utilisation of data is configured as follows: Any access to the RENÉ LEZARD site and any retrieval of the RENÉ LEZARD site contents will be recorded. The storage serves internal system-related and statistical purposes and is imperative due to organisational and technical rea-sons. The following will be recorded: name of the retrieved file, date and time of retrieval, amount of data transferred, report of successful retrieval, web browser and inquiring domain. In addition, the IP addresses of the inquiring computers will be recorded and stored. Further personal data will only be re-corded if you make these statements yourself, for instance within the frame-work of an inquiry, user account registration or newsletter registration. If you have transmitted personal data to us, these will only be used for an-swering your inquiries and for technical administration. During a newsletter registration, the personal data indicated on your part will be used and stored to inform you about our products, special campaigns, discount campaigns, news and special offers via e-mail, mail and SMS. Your personal data will only be forwarded or otherwise transmitted to third parties if this is required for purposes of contractual implementation and/or accounting purposes or with your express consent. You have the right to revoke a granted consent at any time with effect for the future. The deletion of your personal data occurs if you revoke your agreement to storage, if this is no longer required for fulfilment of the purpose pursued with the storage or if the storage of your data is impermissible due to other legal reasons. Upon written request we will inform you about your personal data we have stored. For this purpose please contact our colleague responsible for data protection, Mr. Becker: René Lezard Mode GmbH, Industriestraße 2, D-97359 Schwarzach am Main, Germany; tel.: +49 (0)9324 / 302-0; fax: +49 (0)9324 / 308-2449; e-mail: Jbecker@rene-lezard.com. He is also at your disposal at any time for any questions, suggestions and complaints regarding data protection. Personal data will never be sold by us nor otherwise marketed to third par-ties. We endeavour to safeguard your personal data by resorting to all technical and organisational possibilities so that they are not accessible to third parties. Since data security cannot be guaranteed in the communication per e-mail, we recommend sending confidential information by mail. With your access to the RENÉ LEZARD site you agree that the René Lezard Mode GmbH, associated companies and/or their service provider may trans-mit cookies to your computer in order to personalise your visit to the RENÉ LEZARD site and/or to learn more about your utilisation and browsing habits while you visit the RENÉ LEZARD site. These data will be saved in an anony-mous manner and will not allow any conclusion as to your identity. The cook-ies do not contain any personal data and will be deleted automatically after 1 hour.

Changes / improvements

RENÉ LEZARD reserves the right to change, supplement, delete or to tempo-rarily or definitively discontinue the publication of these Conditions of Use as well as the contents and structure of the RENÉ LEZARD site at any time. This also includes making certain offers and services subject to charge or entirely discontinuing such offers and services.

Miscellaneous

The law of the Federal Republic of Germany is applicable. The application of the United Nations CISG and international private law is excluded. Place of jurisdiction is Würzburg insofar as the user is a merchant. Should any conditions be or become inoperative, the legal validity of the con-ditions remains unaffected in other respects. The inoperative condition shall be replaced by an operative condition which corresponds as much as possible to the originally intended legal and commercial purpose. These Conditions of Use are available at the following URLs: www.renelezard.de, www.rene-lezard.com, www.renelezard.com and www.rene-lezard.com. They are available in German and English.