EFFECTIVE DATE: December 28th 2021
ELCO S.A.S - By Kilian
40/48 rue Cambon - 75001 Paris
Simplified joint stock company (SAS)
Capital 239 199 950,00 euros
702 038 464 R;C;S of Paris
VAT number: FR917020368464
Customer Service E-mail: firstname.lastname@example.org
Director of Publication: Franck Besnardt
Host: ELC Online, Inc., 40 West 23rd Street, New York, NY 10010, USA.
You must be 18 years old or the age of majority in your jurisdiction in order to make a purchase on our Site. If you are under 18 years old or the age of majority in your jurisdiction, then you may not make a purchase on our Site. By ticking the respective boxes during the ordering or account registration processes on the Site, you are acknowledging that you have read, understand, and agree, without limitation or qualification, to be bound by these Terms and Conditions. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS, YOU MAY NOT USE OUR SITE.
The products and services available on the Site, and any samples thereof we may provide to you, are for personal use only. You may not sell or resell any of the products or services, or samples thereof, you purchase or otherwise receive from us. We reserve the right, with or without notice, to cancel or reduce the quantity of any order to be filled or products or services to be provided to you that we believe, in our sole discretion, may result in the violation of our Terms and Conditions.
To view policies and procedures related to orders placed through this Site (such as order processing, shipping, returns and exchanges), please review our Terms of Sale.
We attempt to be as accurate as possible when describing our products on the Site; however, to the extent permitted by applicable law, we do not warrant that the product descriptions, colors, information or other content available on the Site are accurate, complete, reliable, current, or error-free.
This Site may contain typographical errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions (including after an order has been submitted) and to change or update information at any time without prior notice.
All information and content available on the Site and its look and feel, including but not limited to trademarks, logos, service marks, features, functions, text, graphics, photographs, button icons, images, audio clips, data compilations and software, and the compilation and organization thereof (collectively, the “Content”) is the property of BY KILIAN or the property of our parents, subsidiaries, our affiliates, partners or licensors, and is protected by United States and international laws, including laws governing copyrights and trademarks. Our trademarks and trade dress may not be used in any manner for any purpose without our express written consent.
Except for the limited licenses set forth in Section 6 below, or as required under applicable law, neither the Content nor any portion of the Site may be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in whole or in part, for any purpose without our express, prior written consent.
We grant you a limited, revocable, non-transferable, and non-exclusive license to access and make personal use of the Site. You understand and agree that you will not do or attempt to do or cause any third party to do or attempt to do any of the following in connection with your use of the Site:
- frame or utilize framing techniques to enclose the Site or any portion thereof;
- use any meta tags, "hidden text", robots, spiders, crawlers, or other tools, whether manual or automated, to collect, scrape, index, mine, republish, redistribute, transmit, sell, license or download the Site, Content (except caching or as necessary to view the Site), or the personal information of others without our prior written permission or authorization;
- make any use of the Site or any Content other than for personal use;
- modify, reverse engineer or create any derivative works based upon the Site or any Content;
- impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity;
- "stalk" or otherwise harass including advocating harassment of another, entrap or harm any third party including harming minors in any way;
- intentionally violate any applicable local, state, national or international law;
- transmit, upload, post, e-mail, share, distribute, reproduce, or otherwise make available any software viruses, malware, program, code, file, or other material intended to interrupt, disrupt, alter, destroy, or limit any part of the Site; and/or
- engage or make any unsolicited or unauthorized advertising, solicitation or promotional material, including chain letters, mass mailings, or any form of "spam."
We also grant you a limited, revocable, non-transferable, and non-exclusive license to create a hyperlink to the home page of the Site for personal, non-commercial use only. A website that links to the Site (i) may link to, but not replicate, any and/or all of our Content; (ii) may not imply that we are endorsing such website or its services or products; (iii) may not misrepresent its relationship with us; (iv) may not contain content that could be construed as distasteful, obscene, offensive controversial or illegal or inappropriate for any ages (as determined in our sole discretion); (v) may not portray us or our products or services in a false, misleading, derogatory, or otherwise offensive or objectionable manner, or associate us with undesirable products, services, or opinions; and/or (vi) may not link to any page of the Site other than the home page. We may, in our sole discretion, request that you remove any link to the Site, and upon receipt of such request, you shall immediately remove such link and cease any linking unless separately and expressly authorized in writing by us to resume linking.
Any unauthorized use by you of the Site or any and/or all of our Content automatically terminates the limited licenses set forth in this Section 6 without prejudice to any other remedy provided by applicable law or these Terms and Conditions.
By accessing or using the Site or any Content, you agree that you will comply with these Terms and Conditions and any warnings or instructions on the Site. You agree that when accessing or using the Site or any Content, you will act in accordance with the law, custom and in good faith. You may not make any change or alteration to the Site or any Content or services that may appear on this Site and may not impair in any way the integrity or operation of the Site. Without limiting the generality of any other provision of these Terms and Conditions, if you default negligently or willfully in any of the obligations set forth in these Terms and Conditions, you shall be liable for all the losses and damages that this may cause to us, our parents, subsidiaries, affiliates, partners or licensors.
Subject to the age restrictions outlined above, you may view and use many features of the Site without registering, including making purchases, but in order to access and use some parts of the Site, you may need to register an account with us. You are responsible for maintaining the confidentiality of your account, username and password and for restricting access to your computer. If there has been an unauthorized use of your password or account, please notify us immediately. You are responsible for providing and maintaining current, complete, accurate and truthful information on your account. . You agree to accept responsibility for all activities that occur with your permission or authorization under your account, username and/or password, or because you fail to maintain sufficient security over your account, username and/or password. If you are accessing and using the Site on someone else’s behalf, you represent that you have the authority to bind that person as the principal to all Terms and Conditions provided herein, and to the extent you do not have such authority you agree to be bound to these Terms and Conditions and to accept liability for harm caused by any wrongful use of the Site or Content resulting from such access or use. You may cancel your online account with us at any time. To the extent permitted by applicable law, we reserve the right to refuse service and/or terminate accounts without prior notice if these Terms and Conditions are violated or if we decide, in our sole discretion, that it would be in our best interest to do so.
We are not responsible for the content of any third party sites even if they are linked to or from the Site. Links appearing on the Site are for convenience only and are not an endorsement by us, our parents, subsidiaries, affiliates or partners of the referenced content, product, service, or supplier. Your use and access of these third party websites is at your own risk. We are in no way responsible for examining or evaluating, and we do not warrant the offerings of the third party websites or any other websites linked to or from the Site, nor do we assume any responsibility or liability for the actions, content, products, or services of such websites, including without limitation, their privacy policies and terms and conditions. You should carefully review the privacy policies and terms and conditions of the third party websites you visit.
You represent and warrant that you own or otherwise control the rights to your User Content. You agree not to engage in or assist or encourage others to engage in transmitting, uploading, posting, e-mailing, sharing, distributing, reproducing, or otherwise making available User Content that (a) is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; (b) you do not have a right to make available under any law or under contractual or fiduciary relationships; (c) is known by you to be false, fraudulent, inaccurate or misleading; (d) you were compensated for or granted any consideration by any third party; or (e) infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party.
We are in no way responsible for examining or evaluating User Content, and, to the fullest extent permitted under applicable law, we disclaim any responsibility or liability for the User Content. We do not control the User Content transmitted or posted on the Site by you or others and therefore, we do not guarantee the accuracy, integrity or quality of User Content transmitted or posted on the Site by you or others. You understand that by using the Site, you may be exposed to User Content of others that is offensive, indecent or objectionable to you. Under no circumstances will we be liable in any way for any User Content, including without limitation, for any errors or omissions in any User Content, or for any loss or damage of any kind incurred by you as a result of the use of any User Content transmitted, uploaded, posted, e-mailed or otherwise made available via the Site.
You acknowledge that we have the right in our sole discretion to refuse to post or remove any User Content and we reserve the right to modify, change, condense, or delete any User Content. Without limiting the generality of the foregoing or any other provision of these Terms and Conditions, we have the right to remove any User Content that violates these Terms and Conditions or is otherwise objectionable and we reserve the right to refuse service and/or terminate accounts without prior notice for any users who violate these Terms and Conditions or infringe the rights of others.
Deletion of User Content
If you wish to delete certain of your public User Content, such as your ratings and reviews posting(s), on the Site or in connection with our mobile applications, please contact us by email and include the following information in your deletion request: first name, last name, user name/screen name (if applicable), email address associated with our website and/or mobile applications, your reason for deleting the posting, and date(s) of posting(s) you wish to delete (if you have it). We may not be able to process your deletion request if you are unable to provide such information to us. Please allow up to 10 business days to process your deletion request.
We respect the intellectual property of others. If you believe that copyrighted materials have been copied in a way that constitutes copyright infringement, please send a written notice to our designated agent for notices of infringement and provide the following: (i) identification of the copyrighted work(s) that you claim has been infringed and confirmation that you are the copyright owner or authorized to act on the copyright owner's behalf; (ii) a description of the material that you claim is infringing and the location of that material on the Site; (iii) your address, telephone number and email address.You can contact our designated agent for notice for claims of copyright infringement at:
Copyright Agent c/o Legal Department
The Estée Lauder Companies Inc.
767 Fifth Avenue
New York, NY 10153
Phone: 212-277-2322 - United States of America
NOTE: THE ABOVE CONTACT INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING FREDERIC MALLE THAT COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED. ALL OTHER INQUIRIES WILL NOT RECEIVE A RESPONSE THROUGH THIS PROCESS AND SHOULD BE DIRECTED TO OUR CUSTOMER SERVICE GROUP BY EMAIL TO CONTACT@BYKILIAN.COM.
The site, its content and services are presented “as is”. Neither we nor our parents, subsidiaries, affiliates, partners, or licensors make any representations or warranties of any kind whatsoever, express or implied, in connection with these terms and conditions or the site or any of the content.
You agree that, to the fullest extent permitted by applicable law, neither we nor our parents, subsidiaries, affiliates, partners, or licensors will be responsible or liable (whether in contract, tort (including negligence) or otherwise) under any circumstances for any (a) interruption of business; (b) access delays or access interruptions to the site; (c) data non-delivery, loss, theft, misdelivery, corruption, destruction or other modification; (d) loss or damages of any sort incurred as a result of dealings with or the presence of off-website links on the site; (e) computer viruses, system failures or malfunctions which may occur in connection with your use of the site, including during hyperlink to or from third party websites; (f) any inaccuracies or omissions in content; or (g) events beyond our reasonable control. We make no representations or warranties that defects or errors will be corrected.
Further, to the fullest extent permitted by law, neither we nor our parents, subsidiaries, affiliates, partners, or licensors will be liable for any indirect or consequential damages of any kind (including lost profits) related to the site or your use thereof and in no event shall our maximum aggregate liability exceed one hundred euros (€100.00) or the equivalent amount in local currency.
You agree that no claims or action arising out of, or related to, the use of the site or these terms and conditions may be brought by you more than one (1) year after the cause of action relating to such claim or action arose. If you have a dispute with us or are dissatisfied with the site, termination of your use of the site is your sole remedy and we have no other obligation, liability, or responsibility to you.
You agree to defend, indemnify and hold us, our parents, subsidiaries, affiliates, partners, licensors, officers, directors, employees, and agents (the “Indemnified Parties”) harmless for any loss, damages or costs, including reasonable attorneys' fees, resulting from any third party claim, action, or demand arising from (i) your use of the Sites or the Site Content in violation of any law, rule, regulation or these Terms and Conditions, or (ii) any part of your User Content. You also agree to indemnify the Indemnified Parties for any loss, damages, or costs, including reasonable attorneys' fees, resulting from your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on our infrastructure.
Any disputes arising from the interpretation, validity and/or execution of these Terms and Conditions shall be subject to the mandatory jurisdiction of the competent court of the place of residence or domicile of the customer. These Terms and Conditions are governed by and must be interpreted in accordance with the laws of the country of the competent court.
According to EU Regulation no. 524/2013 on online dispute resolution for consumer disputes, if you are an EU resident, you may, in your discretion, refer disputes through to the EU Commission’s online platform available at:
In addition, an EU customer having placed an order is entitled to (but not required to) refer disputes related to the sale of the products to the following Alternative Dispute Resolution entity, free of charge:
|YOUR SHIPPING ADDRESS COUNTRY||APPLICABLE LOCAL LAWS||ALTERNATIVE DISPUTE RESOLUTION ENTRY|
|France/ French Polynesia / DOM-TOM||Laws of France||ANM|
62, Rue Tiquetonne - Paris
|Austria||Laws of Austria||Schlichtung für Verbrauchergeschäfte|
Mariahilfer Straße 103/1/18
Email address: email@example.com
Phone: +43 1 890 63 11
|Belgium||Laws of Belgium||Ombudsman du Commerce|
Avenue Edmond Van Nieuwenhuyse, 8
Email address: firstname.lastname@example.org
Phone: +32 2 788 05 20
|Bulgaria||Laws of Bulgaria||General Conciliation Committee within the Commission for Consumer Protection based in Sofia|
Sofia 1000, Pl. Slaveykov No 4a
tel. 02/9330 517,
fax: 02/988 42 18
|Croatia||Laws of Croatia||Mediation Centre of the Croatian Mediation Association|
Nikole Tesle 1 - Zagreb, 10000 - Croatia
Email address: email@example.com
Phone +385 1 4811 283
|Czech Republic||Laws of Czech Republic||Czech Trade Inspection Authority|
Stepanska 15 - Praha, 12000
Phone: +420 296 366 360
E-mailová adresa: firstname.lastname@example.org
Webová stránka: http://www.coi.cz
|Denmark||Laws of Denmark||The Danish Competition and Consumer Authority|
Carl Jacobsens Vej 35 - Valby, 2500
Email address: email@example.com
Phone: +45 41 71 50 00
|Estonia||Laws of Estonia||EESTI ADVOKATUUR|
Rävala pst 3 - Tallinn, 10143
Email address: firstname.lastname@example.org
Phone: +372 662 0665
Fax: +372 662 0677
|Finland||Laws of Finland||The Consumer Disputes Board (Kuluttajariitalautakunta)|
Hämeentie 3 - P.O Box 306
Tel. +358 29 566 5200
Fax: +358 29 566 5249
|Germany||Laws of Germany||Allgemeine Verbraucherschlichtungsstelle des Zentrums für Schlichtung e. V.|
General Consumer Conciliation Body of the Centre for Conciliation
Straßburger Str. 8 - Kehl, 77694
Email address: email@example.com
Phone: +49 7851 79579 40
|Greece||Laws of Greece||The Consumer Ombudsman|
Sinigoros tou Katanaloti
144 Alexandras Avenue, Athens GR – 11471
Email address: firstname.lastname@example.org
Phone: 0030 2106460862
|Hungary||Laws of Hungary||Budapesti Békéltető Testület|
Conciliatory Body of Budapest
Krisztina krt. 99 - Budapest, 1016
Email address: email@example.com
Phone : +3614882131
|Ireland||Laws of Ireeland||NetNeutralsEU |
Johnstown Business Centre, Johnstown, Naas,
Co Kildare, W91C99T
Email address: firstname.lastname@example.org
|Italy||Laws of Italy||RisolviOnline.com – Milan Chamber of Arbitration|
Via Meravigli 7 - Milano, 20123
Email address: email@example.com
Phone: +39 02 85154522
|Latvia||Laws of Latvia||Consumer Rights Protection Centre (Consumer Dispute Resolution Committee)|
Brivibas iela 55 - Rīga, LV-1010 - Latvia
Email address: firstname.lastname@example.org
|Lithuania||Laws of Lithuania||State Consumer Rights Protection Authority |
Vilniaus g. 25 - Vilnius, 01402 - Lithuania
Email address: email@example.com
Phone : +370 5 262 6751
Fax : +370 5 279 1466
|Luxembourg||Laws of Luxemboug||Service national du Médiateur de la consummation|
6, rue du Palais de Justice - Luxembourg, 1841
Email address: firstname.lastname@example.org
Phone: +352 46 13 11
|Malta||Laws of Malta||ADR (Malta) Centre|
202/2, Vincenti Buildings, Old Bakery Street
Email address: email@example.com
Phone : +356 79014837
Fax : +356 21339198
|Monaco||Laws of Monaco||ANM|
62, Rue Tiquetonne - Paris
|Montenegro||Laws of Montenegro||Not applicable.|
|Netherlands||Laws of Netherlands||De Geschillencommissie|
Postbus 90600 - 2509 LP DEN HAAG
070 310 5310
|Norway||Laws of Norway||Forbrukerklageutvalget|
Consumer Complaints Committee
Address : Postboks 4596 Nydalen
0404 Oslo - Norway
Email address: firstname.lastname@example.org
|Poland||Laws of Poland||Mazowiecki Wojewódzki Inspektor Inspekcji Handlowej w Warszawie|
ul. Sienkiewicza 3 - Warszawa, 00-015 - Poland
Email address: email@example.com
Phone: 22 826 18 30
|Portugal||Laws of Portugal||Centro de Arbitragem de Conflitos de Consumo de Lisboa|
Rua dos Douradores 108 a 116 2. e 3. Pisos
Email address: firstname.lastname@example.org
Phone: +351 21 8807030
|Romania||Laws of Romania||National Authority for Consumer Protection - Directorate of Alternative Dispute Resolution|
Blvd. Aviatorilor no.72, Bucharest, 011865, Romania
Email address: email@example.com
Phone: +4 021 312 1275
Fax: +4 021 314 3462
|Serbia||Laws of Serbia||Not applicable.|
|Slovakia||Laws of Slovakia||Slovenská obchodná inšpekcia|
Slovak Trade Inspection
Prievozská 32 - Bratislava, 82799
Email address: firstname.lastname@example.org
|Slovenia||Laws of Slovenia||ECDR – European Center for Dispute Resolution|
Tomsiceva ulica 6 - Ljubljana, 1000 - Slovenia
Email address: email@example.com
Phone : +386 (0) 8 205 65 90
Fax : +386 (0) 1 244 99 59
|Spain||Laws of Spain||Junta Arbitral Nacional de Consumo|
Príncipe de Vergara, 54 - 28006 MADRID
Tel.: +34 91 431 1836 (288), +34 91 431 8225
Fax: +34 91 578 0369
|Sweden||Laws of Sweden||Allmänna reklamationsnämnden|
The National Board for Consumer Disputes
Box 174 - Stockholm, 10123
Email address: firstname.lastname@example.org
Phone: +46 8 508 860 00
|Switzerland||Laws of Switzerland||Not applicable.|
You consent to receive any agreements, notices, disclosures and other communications (collectively, “Notices”) to which these Terms and Conditions refer from us electronically including without limitation by e-mail or by posting notices on this Site. These messages do not constitute direct marketing nor commercial messages. You agree that all Notices that we provide to you electronically satisfy any legal requirement that such communications be in writing. To withdraw your consent to receive Notices electronically, you must notify us of your withdrawal of such consent by emailing us at email@example.com and discontinue your use of this Site. In such event, all rights granted to you pursuant to these Terms and Conditions, including but not limited to Section 6 hereof, shall automatically terminate. Unfortunately, we cannot provide the benefits of this Site to any user that cannot consent to receipt of Notices electronically.
You acknowledge and agree that these Terms and Conditions constitute the complete and exclusive agreement between us concerning your use of the Site, and supersede and govern all prior proposals, agreements, or other communications.
We reserve the right (to the extent permitted by applicable law) to change these Terms and Conditions at any time by posting the changes on the Site and providing notice of such change. Any changes are effective immediately upon posting to the Site. The Effective Date of the current version of the Terms and Conditions is at the top of this page. Your continued use of the Site thereafter constitutes your agreement to all such changed Terms and Conditions. We may, with or without prior notice, terminate any of the rights granted by these Terms and Conditions. You shall comply immediately with any termination or other notice, including, as applicable, by ceasing all use of the Site. We also reserve the right (to the extent permitted by applicable law) at any time and from time to time to modify or discontinue, temporarily or permanently, the Site (or any part thereof).
Nothing contained in these Terms and Conditions shall be construed as creating any agency, partnership, or other form of joint enterprise between us. Our failure to require your performance of any provision hereof shall not affect our full right to require such performance at any time thereafter, nor shall our waiver of a breach of any provision hereof be taken or held to be a waiver of the provision itself. In the event that any provision of these Terms and Conditions shall be unenforceable or invalid under any applicable law or be so held by any applicable arbitral award or court decision, such unenforceability or invalidity shall not render these Terms and Conditions unenforceable or invalid as a whole but these Terms and Conditions shall be modified, to the extent possible, by the adjudicating entity to most fully reflect the original intent of the parties as reflected in the original provision. The headings in the Terms and Conditions are for convenience only and shall not be used in its interpretation.
If you have any questions regarding these Terms and Conditions, please email us at firstname.lastname@example.org.Copyright © BY KILIAN SAS All worldwide rights reserved.