TERMS AND CONDITIONS OF WEBSITE

INTRODUCTION

It is our pleasure to welcome you to our website (hereinafter referred as “the Site”), accessible via the URL www.playtex.co.uk  The Site is operated by DBAPPAREL UK Ltd, a limited company registered in England and Wales under company number 552438 and whose registered office is located at Britannia Wharf, Monument Road, Woking, Surrey GU21 5LW, United Kingdom (hereinafter referred as “DBAPPAREL UK”). DBAPPAREL UK’s VAT number is 428 2608 50. Its telephone number is: 01483 291 450; its e-mail address is email@playtex.co.uk

DBAPPAREL UK hold a license to manufacture, sell and distribute apparel products under the PLAYTEX trademark in the member states of the European Union, as well as several other European nations and South Africa.

The Site is hosted by Claranet, having its registered office located 1 Southampton Row, London, WC1B 5HA.  Access and use of the Site is subject to the following terms and conditions and Privacy Policy (hereinafter referred to as “the Conditions”).

CONDITIONS OF USE

PLEASE READ THE CONDITIONS CAREFULLY BEFORE USING THE SITE AND CONSULT THEM ON A REGULAR BASIS. BY USING THE SITE, YOU INDICATE THAT YOU ACCEPT THE CONDITIONS AND THAT YOU AGREE TO ABIDE BY THEM. IF YOU DO NOT ACCEPT ALL OR PART OF THE CONDITIONS, YOU ARE NOT AUTHORISED TO ACCESS OR USE THE SITE. THE PRIVACY POLICY IS INCORPORATED AND FORMS PART OF THESE CONDITIONS.

DBAPPAREL UK reserves the discretionary right to modify all or part of the Site, including the Conditions, at all times and without notice, in particular in order to comply with any new laws or regulations or for the sake of improvement. Your continued use of the Site after DBAPPAREL UK has made any modifications shall indicate your acceptance of any changes, which shall be binding on you.
You undertake to access and use the Site at your own risk and that you will comply with the laws and regulations in force and in effect in your jurisdiction, especially if such laws and regulations prohibit access to the Site and/or its content to certain persons.

Should you fail to comply with any part of these Conditions, without prejudice to any other remedies it may have, DBAPPAREL UK reserves the right to suspend your access and use of the Site without notice. At our option and request, for any reason, you shall destroy any and all copies you might have made of the content of the Site or any part of it.

USE OF THE CONTENT OF THE SITE

The Site and its components (such as the texts, photographs, trademarks, logos, illustrations, animations, graphic representations, diagrams, clips, videos, domain names, etc...) are protected worldwide by intellectual property rights, other proprietary rights and other laws, and, unless otherwise provided, are the exclusive property of DBAPPAREL UK or are licensed to DBAPPAREL UK. All such rights are reserved.

You may print off one copy, and may download extracts, of any page from the Site solely for information purposes, exclusively for use that is strictly personal, domestic, educational and private, and provided that no modification of the Site is made and that all trade marks and copyright symbols © displayed on the Site remain intact.

Any other use of the Site or its components, whether wholly or partially, in particular by means of downloading, reproduction, transmission or representation, broadcasting, posting, distribution, integration into a derivative work, and the making of copies for any other purposes, in particular of a public and/or commercial nature, or any alteration of the Site, is expressly prohibited, regardless of the manner and purpose.

Other than as specifically set out in these Conditions, no licence or any other right is granted concerning the Site or any part of it.  Conception and realization of the website: iris Worldwide, Pictures: iris Worldwide, Film: iris Worldwide.

LINKS

The Site may include links to other websites or other Internet sources. DBAPPAREL UK has not verified and cannot control the content of other websites or Internet sources, in particular as to their accessibility, content (information, advertising, products, services...), action, confidentiality, or their policy of personal data and the protection of them.

DBAPPAREL UK does not give any guarantee concerning such external sources and/or their content, and may not be held liable for any reason whatsoever for any proven or alleged damages resulting, directly or indirectly, from access or use of external sources and/or their content. Recourse to these sites by you shall be at your own risk. Further, DBAPPAREL UK shall not be responsible for any purchases you make from such sites and any purchases shall be subject to the terms and conditions of that site.

The creation of links to the Site or any part of it shall be prohibited unless with DBAPPAREL UK’s written, express and prior authorisation. For all authorisation requests, please contact us at the following email address: email@playtex.co.uk. Any authorisations given may be revoked at any time by DBAPPAREL UK, without notice and without any liability of any type for any reason whatsoever.

Any and all sites having a link to the Site or any component of the Site are not under the control of DBAPPAREL UK and DBAPPAREL UK may not be held liable for any proved or alleged damages resulting, directly or indirectly, from access or use of these external sources and/or their content.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

ACCESS TO THE SITE IS PERMITTED ON A TEMPORARY BASIS AND DBAPPAREL UK RESERVES THE RIGHT TO WITHDRAW ACCESS TO THE SITE WITHOUT NOTICE FOR REASONS OF MAINTENANCE, SECURITY, UPDATING AND FOR ANY OTHER REASON. DBAPPAREL UK SHALL NOT BE LIABLE IF, FOR ANY REASON, THE SITE IS UNAVAILABLE AT ANY TIME OR FOR ANY PERIOD.

DBAPPAREL UK DOES NOT WARRANT THAT ALL OR PART OF THE SITE IS AVAILABLE OR ADAPTED TO ALL COUNTRIES IN THE WORLD. DBAPPAREL UK DOES NOT GIVE ANY WARRANTY, EXPRESS OR IMPLIED, CONCERNING ALL OR PART OF THE CONTENT OF THE SITE AND/OR ITS TECHNICAL FUNCTIONING.  NOTHING ON THE SITE IS INTENDED TO AMOUNT AN ADVICE ON WHICH RELIANCE MAY BE PLACED. DBAPPAREL UK DISCLAIMS ALL LIABILITY AND RESPONSIBILITY ARISING FROM ANY RELIANCE PLACED ON THE CONTENTS OF THE SITE BY ANY PERSON.

DBAPPAREL UK DOES NOT GIVE ANY WARRANTY IN ANY MANNER WHATSOEVER THAT THE CONTENT OF THE SITE IS EXEMPT FROM ANY ERRORS, INACCURACIES, OMISSIONS AND BUGS, MALICIOUS SOFTWARE (INCLUDING BUT NOT LIMITED TO VIRUSES AND TROJANS), DEFECTS, INTERFERENCE WITH RIGHTS OF THIRD PARTIES, OR THAT IT HAS BEEN ADAPTED FOR A PARTICULAR PURPOSE OR USE. YOU EXPRESSLY AGREE UNRESERVEDLY THAT YOUR ACCESS AND USE OF THE SITE IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY THE APPLICABLE LAW, DBAPPAREL UK, ANY AFFILIATE COMPANY OF DBAPPAREL UK, AND ANY THIRD PARTY CONNECTED TO DBAPPAREL UK OR THE SITE, HEREBY EXPRESSLY EXCLUDE:
•    ANY DIRECT, INDIRECT, OR CONSEQUENTIAL LOSS OR DAMAGE CAUSED BY, ARISING FROM OR CONNECTED TO THE SITE, ACCESS TO OR INABILITY TO ACCESS THE SITE, OR THE USE OF THE SITE AND/OR ITS CONTENT OR OF ANY INFORMATION TAKEN DIRECTLY OR INDIRECTLY FROM THE SITE, INCLUDING WHERE DBAPPAREL UK HAS PREVIOUSLY BEEN WARNED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE, AND INCLUDING, WITHOUT LIMITATION, ANY LIABILITY FOR: LOSS OF INCOME; LOSS OF REVENUE; LOSS OF BUSINESS; LOSS OF PROFITS; LOSS OF CONTRACTS; LOSS OF SAVINGS; LOSS OF DATA; LOSS OF GOODWILL; WASTED TIME; OR FOR ANY OTHER LOSS OR DAMAGE OF ANY KIND, HOWEVER ARISING AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE;
•    ALL CONDITIONS, WARRANTIES AND OTHER TERMS WHICH MIGHT BE IMPLIED BY STATUTE, COMMON LAW, EQUITY OR ANY OTHER LAW OR REGULATION; AND
•    ANY LOSS OR DAMAGE, SPECIFICALLY INCLUDING BUT NOT LIMITED TO DAMAGE TO EQUIPMENT, HARDWARE, SOFTWARE OR ANY DATABASE, CAUSED BY YOUR USE OF THE SITE, ANY PART OF THE SITE, OR BY A DENIAL-OF-SERVICE ATTACK, VIRUSES, TROJANS, WORMS, OR ANY OTHER TECHNOLOGICALLY HARMFUL CODE OR MATERIAL.

NOTHING IN THESE CONDITIONS SHALL AFFECT ANY PARTY’S LIABILITY (INCLUDING BUT NOT LIMITED TO DBAPPAREL UK’S LIABILITY) FOR DEATH OR PERSONAL INJURY ARISING FROM NEGLIGENCE, NOR ANY LIABILITY FOR FRAUDULENT MISREPRESENTATION OR MISREPRESENTATION AS TO A FUNDAMENTAL MATTER, NOR ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

NON WAIVER / SEVERABILITY

In the event that DBAPPAREL UK does not enforce any of its rights under these Conditions, it shall not be construed as a waiver of any of DBAPPAREL UK’s rights, or as a waiver of the application of any of your obligations in these Conditions.

IF ANY PART OF THESE CONDITIONS SHALL BE DEEMED INVALID, VOID OR FOR ANY REASON UNENFORCEABLE BY A COURT OF COMPETENT JURISDICTION, THAT PART SHALL BE DEEMED SEVERABLE AND SHALL NOT AFFECT THE VALIDITY AND ENFORCEABILITY OF ANY REMAINING PART OF THESE CONDITIONS.

APPLICABLE LAW AND JURISDICTION

By visiting the Site, you agree: (a) that English law, without regard to principles of conflict of laws, will govern these Conditions; and (b) that the English courts will have exclusive jurisdiction over any claim arising from, or related to, the Site (including its use or access) although DBAPPAREL UK shall have the right to bring proceedings against you in your country of residence or any other relevant country.

COOKIES

DBAPPAREL UK wishes to place a “cookie” on your computer’s hard disk. A cookie does not allow DBAPPAREL UK to identify you. However, it automatically records information relative to your browsing on the Site (frequency of access, pages consulted, consultation date and time, actions on the Site, etc...), which DBAPPAREL UK will be able to read during your subsequent visits. The information stored in the cookie is used by DBAPPAREL UK in order to analyse your browsing on the Site, to make the Site more useful, and to measure the Site’s audience size and the efficiency of communication with the users of the Site. The cookie is also used to customize your interactions and to offer increased convenience each time you access the Site.   Advertisers who display adverts on the Site may also use cookies, over which DBAPPAREL UK has no control.

You can prevent cookies from being saved on your computer by activating the setting on the internet browsing software you use which allows you to refuse cookies and prevent them from being saved on your computer. Please note that certain of the Site’s functionalities will not be available if cookies are deactivated. Unless you have adjusted your internet browsing software so that it will refuse cookies, a cookie will be saved on your computer when you access the Site.

We may also use electronic image requests (also called “web beacons” or “single-pixel gifs”) to count page views and to access cookies. The web beacons do not collect, gather, monitor or share any Personal Information; they are used only to compile anonymous information about Site usage. DBAPPAREL UK may use web beacons or other methods to collect information about your computer, including but not limited to your IP address, pages of the Site that you visit, and details of your operating system and your internet browsing software. This information does not identify you and is used for administration purposes and to report statistical data about the Site’s users, including their browsing actions and patterns, to advertisers.

TRANSMISSION OF UNSOLICITED INFORMATION

Please refrain from sending DBAPPAREL UK unsolicited information or content (whether by email, post, or by uploading such information to the Site) including, but not limited to, materials of a commercial, advertising, creative or promotional nature, proposals of concepts, know-how, techniques, ideas and related information (hereinafter “Unsolicited Information”).

With the exception of personal data, all Unsolicited Information will be considered as non-confidential and non-proprietary information free from all rights, and consequently shall not be covered by the Privacy Policy.

You warrant and guarantee that any Unsolicited Information you send to DBAPPAREL UK does not violate the rights of any third party, or any regulation or law, and you acknowledge that you are solely responsible for the content of this information.

You acknowledge and agree that by sending Unsolicited Information, you provide DBAPPAREL UK with a perpetual, irrevocable, non-exclusive, worldwide, royalty-free and transferable licence to use the Unsolicited Information for any purpose whatsoever and with a full right to sub-license. DBAPPAREL UK has no obligation to respond or confirm its reception, and has only a right to use it but no obligation. DBAPPAREL UK may disclose your identity to any person who claims that Unsolicited Material sent by you infringes their intellectual property rights, any other proprietary right, privacy rights, or is defamatory/libellous.

You agree that the content of any Unsolicited Information may be used by DBAPPAREL UK, with no financial compensation for yourself or any other person, reproduced, presented, modified, disclosed, published, displayed, printed, copied, translated, distributed, adapted, grouped, transferred to any third party of its choice, transmitted to anyone, separately or together with other works, on any current or future medium whatsoever, using any current or future process and for all purposes, notably but not limited to promotional purposes, advertising purposes, the development and marketing of products or any other commercial purpose.

CONTRIBUTIONS AND SUBMISSIONS TO THE SITE

You may be invited to make certain contributions or submissions to appear on the Site (including, without limitation, submitting emails, diaries, stories, commentaries, descriptions, blog entries, reviews, opinions, videos, photos, illustrations, and other material), whether by email, post, or by uploading such material to the Site (hereafter referred to as “Contributions”).

Any Contributions submitted by you will be considered non-confidential and non-proprietary. You agree that all intellectual property rights in your Contributions, including all copyright are assigned by you to DBAPPAREL UK. You further agree that your Contribution may be posted on the Site and be used by DBAPPAREL UK in any other way, with no financial compensation for yourself or any other person, including being reproduced, presented, modified, disclosed, published, displayed, printed, copied, translated, distributed, adapted, grouped, transferred to any third party of its choice, transmitted to anyone, separately or together with other works, on any current or future medium whatsoever, using any current or future process and for all purposes, notably but not limited to promotional purposes, advertising purposes, the development and marketing of products or any other commercial purpose. DBAPPAREL UK may at its discretion decide not to use any of your Contribution or any part of your Contribution.

DBAPPAREL UK shall not be liable to you for any loss or damage arising out of posting any Contribution on the Site, including where caused by unauthorised use or alteration of the content or other interference of the website.

You shall be responsible for ensuring that you have obtained all third party consents required in connection with the use of your Contribution as stated above, including the consent of any third party appearing in the Contribution, and you hereby warrant that your Contribution does not infringe any third party intellectual property rights, does not violate any proprietary right, privacy rights, or any other third party right, is not defamatory or libellous and is in compliance with all applicable law and regulation. You agree to indemnify DBAPPAREL UK and its affiliates, agents and representatives from and against any costs, expenses, loss or liability whatsoever, including without limitation incurred pursuant to any third party claim, arising out of or in connection with your Contribution. We have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our Site constitutes a violation of their intellectual property rights, their right to privacy or any other right.

SECURITY

Unfortunately, the transmission of information via the Internet is not secure and cannot be completely protected from illicit interference from third parties. Communications via the Internet may potentially be intercepted, lost or modified and any transmission is therefore at your own risk. Once DBAPPAREL UK receives the information, it will employ security features to attempt to prevent unauthorised access.

ACCESS, MODIFICATION AND DELETION OF INFORMATION

You have the right to access, modify, delete and oppose the processing of your personal data and their use for prospecting purposes.  You can exercise those rights, at any time and at no cost, by sending a letter to DB Apparel UK Limited, Britannia Wharf, Monument Road,Woking, Surrey, GU21 5LW or an e-mail to email@playtex.co.uk. Please note that it will take from 4 to 6 weeks to process any request.

NON WAIVER / SEVERABILITY

In the event that DBAPPAREL UK does not enforce any of its rights under this Privacy Policy, it shall not be construed as a waiver of any of DBAPPAREL UK’s rights, or as a waiver of the application of any of your obligations in these Conditions.

IF ANY PART OF THIS PRIVACY POLICY SHALL BE DEEMED INVALID, VOID OR FOR ANY REASON UNENFORCEABLE BY A COURT OF COMPETENT JURISDICTION, THAT PART SHALL BE DEEMED SEVERABLE AND SHALL NOT AFFECT THE VALIDITY AND ENFORCEABILITY OF ANY REMAINING PART OF THIS PRIVACY POLICY.

APPLICABLE LAW AND JURISDICTION

By visiting the Site, you agree: (a) that English law, without regard to principles of conflict of laws, will govern this Privacy Policy; and (b) that the English courts will have exclusive jurisdiction over any claim arising from, or related to, the Site (including its use or access) although DBAPPAREL UK shall have the right to bring proceedings against you in your country of residence or any other relevant country.