TERMS & CONDITIONS

Updated as of September 15, 2025

www.sezane.com/us and www.octobre-editions.com/us, and their respective mobile applications, (together, the “Websites”) are published by the company Benda Bili SAS, a French “société à mission par actions simplifiée” with a share capital of €27,386.00 euros, with its registered office located at 115 rue du Bac - 75007 Paris, France, registered with the Paris Trade and Companies Register under no. 534 652 854, with an intra-community VAT no. FR39-534652854 (hereinafter “Benda Bili” or the “Company” or “we” or “us”).

These Terms and Conditions, which expressly include the Terms and Conditions of Sale (the “Terms of Sale”), the Terms and Conditions of Use (the “Terms of Use”), and all other general terms set forth herein, as well as any and all additional terms, conditions, and policies incorporated by reference herein (collectively, the “Terms”), govern all access to and use of the content, functionality, and services of, and apply to all purchases on, the Websites, by you (the “user” or “customer” or “you”).

Please read these Terms carefully, as they contain important information regarding your legal rights and obligations, as well as conditions, limitations, and exclusions that might apply to you. Please also read our Privacy Policy, which is incorporated by reference herein.

THESE TERMS REQUIRE, TO THE FULLEST EXTENT PERMITTED BY LAW, ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.

THE WEBSITES ARE PROVIDED FOR USE ONLY BY PERSONS LOCATED IN THE UNITED STATES, PUERTO RICO, AND HONG KONG (THE “TERRITORIES”). YOU MUST BE 18 YEARS OF AGE TO CREATE AN ACCOUNT OR MAKE A PURCHASE ON THE WEBSITES. IF YOU ARE UNDER 18 YEARS OF AGE YOU MAY NOT CREATE AN ACCOUNT OR MAKE A PURCHASE ON THE WEBSITES. THE WEBSITES ARE NOT DIRECTED TO AND SHOULD NOT BE ACCESSED OR USED IN ANY WAY BY CHILDREN UNDER 13 YEARS OF AGE.

These Terms are a legally binding contract entered into by and between you and the Company. These Terms, which can be accessed at any time on the Websites, govern all of your access to and use of the Websites (including just browsing through the Websites), whether or not you register and create an account and whether or not you make any purchases.

Please read these Terms carefully before you start to use the Website. By using the Websites, or by clicking to accept or agree to the Terms when this option is made available to you, you are acknowledging that you have read, understand, accept, and agree, without limitation or qualification, to be bound by these Terms. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT ACCESS OR USE THE WEBSITES IN ANY WAY.

Terms and Conditions of Sale

I. SCOPE OF THE TERMS AND CONDITIONS OF SALE

These Terms and Conditions of Sale (the “Terms of Sale”) are expressly incorporated into, and made a part of, the Terms.

By placing an order to purchase any products on our Websites, you agree to and accept to be bound and abide by these Terms of Sale. To place an order, you must be 18 years of age or older and possess a valid payment method acceptable to Benda Bili’s payment provider.

You represent and warrant that you are at least 18 years of age and that the products you purchase on the Websites are for your own personal or household use and not for resale or export. You further represent and warrant that all purchases you make are intended for final delivery to locations within your respective Territory.

You understand and acknowledge that your use of the Websites, whether or not you register for an account or make a purchase, is at all times governed by the Terms generally, including the Terms of Use.

II. WEBSITE INFORMATION AND ACCESSIBILITY

www.sezane.com/us are e-commerce websites owned and managed by Benda Bili.

The Websites are generally accessible to all users of the Internet network, 24 hours a day and 7 days a week, except in the event of an interruption, whether scheduled or not, by Benda Bili or its service providers, for maintenance or security purposes and/or in a force majeure event (as defined below), or for any other reason. Benda Bili shall not be liable for any loss whatsoever resulting from the unavailability of all or any part of the Websites.

Benda Bili does not guarantee that the Websites will be free of anomalies, errors, or bugs, nor that the Websites will function without breakdown or interruption. We reserve the right to freely determine, in our sole discretion, any period of unavailability of the Websites or their content. You are solely responsible for arranging for your own access to the Internet, and Benda Bili is not responsible for any data transmission connection or network unavailability issues.

Benda Bili reserves the right to modify the Websites, including any products, services, content, features, or materials provided or offered through the Websites, for any reason and in any manner whatsoever, in our sole discretion and without notice. Please see Additional Terms for more information.

III. REGISTRATION ON THE WEBSITES

To place an order and to access certain services on our Website, you may be required to register and create a personal user account by providing certain personal information to us (an “Account”). You may also choose to register and create an Account using Facebook Connect, Sign in with Google, or Sign in with Apple. You will receive a confirmation email after successful registration. Once registered, you may navigate through and access and use your Account on both www.sezane.com/us and www.octobre-editions.com/us using the same single login and password on both websites. You agree not to create more than Account and you understand that Benda Bili reserves the right to delete any duplicate Accounts created in violation of these Terms.

You acknowledge that by choosing to use Facebook Connect, Sign in with Google, or Sign in with Apple to register on the Website, you may be permitting Benda Bili to access or receive certain personal information about you from or through Facebook, Google, or Apple, which may include your name, email address, and/or other information. To learn more about what personal and/or other information we may receive when you use these features, as well as the rights and options relating to your personal information that may be available to you from these third parties, please refer directly to the terms, conditions, and privacy policies of Facebook, Google, and Apple, as applicable. For information about how we treat your personal information once we receive it, please see our Privacy Policy.

At registration (or any other time), you may choose to subscribe to our marketing emails. If you would like to stop receiving marketing communications from Benda Bili on behalf of any of our brands in the future, you may opt out through your Sézane / Octobre Editions Account, or by clicking the unsubscribe link in the marketing emails, or by contacting customer service at bonjour@sezane.com or bonjour@octobre-editions.com.

It is a condition of your use of the Websites that all of the information you provide to us is accurate and complete, and it is your responsibility to keep your information up to date. Benda Bili shall not be held liable in case of any inability to contact you or to deliver any products ordered as a result of incomplete or inaccurate or outdated account information.

By creating an account, you represent that you are at least 18 years of age and you acknowledge and agree that you are responsible for maintaining the confidentiality of your account information, including your login and password, as well as ensuring that the information you provided is up to date. You acknowledge that your account is personal to you, and you agree not to provide any other person with access to the Websites using your account information. You agree that you are fully responsible for all activities that occur through your account, and you agree to notify us immediately of any unauthorized access to or use of your account information or any other breach of security. You agree to log out of your account at the end of each session and you agree to use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

Benda Bili has the right to cancel or disable or suspend any user account, or to change any login username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Sale or of the Terms generally.

IV. PRODUCTS

1. General rules applicable to the Products

Most of the products offered for sale on the Websites are under the Sézane, Octobre Éditions, and Petit Sézane trademarks, which belong to Benda Bili. Some products may be the result of collaborations between Benda Bili and third parties and will be identified as collaborations on the product pages. The “Les Composantes” branded products are the result of a collaboration between Benda Bili and La Poésie (a French simplified joint stock company, registered with the Paris Trade and Companies Register under number 889 423 414 and having its registered office at 3, rue du Colonel Moll in Paris (75017)).

We strive to display accurate information on our Website. However, we may on occasion make inadvertent typographical errors, inaccuracies, or omissions related to product descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information or cancel orders if any information on the Websites is inaccurate at any time without prior notice (including after you have placed your order). We also have the right to refuse or cancel orders for products listed at the incorrect price.

You understand that, although we make reasonable efforts to accurately display the colors of products on our Website, the actual colors you will see may depend on the lighting when the photographs were taken or your monitor or mobile device settings and may not be accurate.

You also understand and agree that all orders are subject to product availability, which may vary and change without notice. Benda Bili reserves the right to remove at any time any product displayed on the Websites and/or to replace or modify any content or information related to any product. Benda Bili further reserves the right to make certain products available in limited supply and/or for limited periods of time, and to determine in its sole discretion whether, when, and for how long to offer products at promotional or discounted sale prices.

When you purchase a product, you understand that you may receive an item that was previously returned, unused, by another customer, and placed back into stock for sale. Please see Returns and Refunds below.

2. Additional rules for personalized products

Benda Bili offers customers the option of personalizing certain products by adding a word or phrase in accordance with these Terms of Sale, as well as any additional terms and conditions provided on the relevant product pages, which are incorporated by reference herein.

YOU UNDERSTAND AND AGREE THAT PERSONALIZED ITEMS ARE FINAL SALE AND CANNOT BE EXCHANGED OR RETURNED.

We will not accept personalization requests containing any text, words, or phrases that, as determined in our sole discretion: (i) are offensive, profane, indecent, defamatory, blasphemous, or contain threats or incite violence, (ii) contain third-party trademarks or the name or nickname of a famous, well-known, or popular character or public figure, or (iii) violate the rights of third parties, including intellectual property rights. We are not obligated to justify our decision to reject such requests to any customer.

If a personalization request is rejected for any reason, the applicable order shall be cancelled.

You agree to indemnify Benda Bili against any and all costs, expenses, damages, losses, and liabilities that may be incurred or suffered by Benda Bili as a result of the personalization you choose for your order.

You hereby grant Benda Bili a global, non-exclusive, irrevocable, royalty-free and fully transferable right to use, reproduce, and disclose any text, words, or phrases that you submit relating to your personalization request.

3. Additional rules for Archive Products

Benda Bili may, from time to time and in its sole discretion, offer for sale on the Websites certain products from previous years’ collections, including at reduced prices (the “Archives”).

Although the Archives products are generally listed on the Websites as available for sale at the end of the winter and summer seasons, the dates and frequency of the Archives sales are determined in Benda Bili’s sole discretion. You understand that products under the Archives label may be offered in limited supply and for limited periods of time and prices determined in Benda Bili’s sole discretion.

YOU UNDERSTAND AND AGREE THAT ARCHIVE PRODUCTS ARE FINAL SALE AND CANNOT BE EXCHANGED OR RETURNED.

V. ORDERS

You agree that placing an order on the Websites is an offer to buy, under these Terms of Sale, all products listed in your order. You may change or remove any products listed before placing your order.

We may, in our sole discretion, limit or cancel the quantity of products ordered per person, per household, or per order. These restrictions may include orders placed by or under the same user account, the same payment method, and/or orders that use the same billing and/or shipping address.

After your order is placed, we will send an email confirmation to you summarizing the order (products, prices, product availability, quantity, etc.). For this purpose, you accept and agree to the use of email for receiving confirmation of the contents of your order from Benda Bili. Your order confirmations are also available in the ‘my account’ section of the Website.

VI. REFUSAL TO PROCESS AN ORDER

All orders must be accepted by Benda Bili or we will not be obligated to sell the products to you. All information you provide when placing an order must be truthful and accurate. Providing any untruthful or inaccurate information constitutes a breach of these Terms of Sale and may result in cancellation of your order. Prior to accepting an order, we reserve the right to request additional information from you to verify your identity and/or validate the payment information to process your order.

We reserve the right to refuse or to cancel any order you place with us for any reason in our sole discretion, even after we send you a confirmation email with your order number and details of the items you have ordered.

Reasons for refusing or cancelling an order may include, but are not limited to, product availability, errors or inaccuracies in product descriptions or pricing or in payment or shipping information, product shipment delays or unavailability, the occurrence of a force majeure event (as defined below), suspected fraudulent activity or information, orders connected with a current or previous credit card or other payment dispute, and orders placed in violation of these Terms of Sale, or of our Terms generally, as determined by Benda Bili in its sole discretion.

If we change, refuse, or cancel an order, we will notify you by contacting the email address you have provided to us. If payment has already been made for an order that is cancelled, you will receive a refund.

Benda Bili shall not be held liable to any user or third party for: (i) any unavailability or removal of a product from the Website, (ii) the replacement or modification of any content published on the Website, (iii) placing limits on the quantity of products in an order, or (iv) the refusal or cancellation of an order for any reason, including after a confirmation email was sent.

VII. PRICES AND TERMS OF PAYMENT

All prices listed on the Websites are shown in U.S. Dollars and are subject to change without notice.

By placing your order, you agree to accept and pay for the products ordered at the prices listed for the products at the time of placing your order. You are also responsible for paying shipping and handling costs and sales tax, which are separate from and in addition to the listed prices. All such taxes and costs will be added to your order total at checkout. No additional customs fees or taxes will be added upon delivery. This provision is subject to modification without notice as required to comply with any applicable changes in law or regulation.

Terms of payment are within our sole discretion. All orders must be paid at the time of the order in U.S. dollars by one of the authorized payment methods offered on the Website, which include PayPal or the secure platform provided by our partner, ADYEN.

You expressly acknowledge that disclosure of your bank card number or other payment information to Benda Bili gives us authorization to charge to your account the total amount for the products ordered. Benda Bili will not have access to your payment card information. By placing an order, you represent and warrant that (i) the credit card or other payment method information you provide to us is true, correct, and complete, (ii) you are duly authorized to use such credit card or other payment method for the purchase, (iii) charges incurred by you will be honored by your credit card or payment method company, and (iv) you will pay the actual charges incurred by you at the listed prices, including all shipping and handling charges and applicable taxes.

In the event of any payment error, a notice of the order cancellation resulting from the payment error will be sent to you to the email address associated with your account. Benda Bili shall not be liable for any order cancellation resulting from payment error, including any payment that has been blocked by the credit card or other payment method company because of suspected fraud.

You may choose to save your payment card details in your account for your next purchase. Such information is held and processed by ADYEN. Benda Bili does not keep or have access to your payment card details. When you place orders, the data recorded and held by Benda Bili constitutes proof of the order and all previous transactions. The data recorded by PayPal or ADYEN constitutes proof of the financial transactions.

Some banks or credit card companies may charge a foreign transaction fee for an online purchase from an online store based in the European Union. Sézane does not charge such a fee. Please contact your bank or credit card company before purchasing to confirm and email bonjour@sezane.com for any additional questions.

Customers may also pay for orders using physical or electronic gift cards issued by Benda Bili in advance. These gift cards are valid for five (5) years from the date of purchase and can be used for one (1) or more purchases. If the balance on the gift card is not sufficient to pay for the order in full, the customer may complete the order by making an additional payment via one of our other accepted payment methods. If the balance on the gift card is greater than the amount of the order, the remaining balance shall be retained on the gift card for the duration of its validity.

VIII. DELIVERY

Shipments are carried out by Fedex, UPS or DHL, Monday to Saturday, depending on the shipping options made available to you at the time of checkout. Notwithstanding the foregoing, Benda Bili reserves the right to alter the available carriers at any time.

Your order is deemed delivered upon the transfer of the physical possession of the product or products to you (the “Delivery”). The risk of loss or damage of the product or products is transferred to you at the time of the Delivery. Please check your products upon Delivery and immediately make a note of any problems (e.g., an open package, damaged or missing products, etc.) on the delivery slip with your signature.

Shipping costs applicable to the orders are those indicated on the Websites at the time of the order. Please see our FAQ for details.

The order will be shipped to the delivery address provided by you, which must be your home address or another residential or business address specified by you. Deliveries cannot be made to hotels or P.O. boxes.

You are solely responsible for providing accurate and complete information concerning the delivery address (including in particular, a house number number/name, building number/name, staircase, access codes, names and/or numbers for the intercom, etc.). In the event we are unable to deliver your order to the address provided by you, the products will be returned to Benda Bili and you will receive a refund within fourteen (14) business days of the products’ receipt by Benda Bili, minus the shipping and taxes costs if applicable. Such refund will be sent to the original payment method.

Orders are generally shipped within the time frames provided at the time the order is confirmed. However, these time frames are estimates only and may be extended up to 10 additional business days, especially after the launch of a new collection and/or from November 23 to December 31, considering the significant increase of the orders volume.

Benda Bili cannot be liable for a late shipment or Delivery caused by a force majeure event (see the Force Majeure section below).

Some products may have a delayed delivery time, which will be indicated on the applicable product pages. Full payment is required at the time of ordering. Benda Bili will make its best efforts to provide (but cannot guarantee) accurate shipping dates for these items. When your product is ready to ship, you will receive an email notification. Once shipped, the standard delivery timeframes will apply to your order.

If we cannot ship your order within the shipping times described above and the delay is not caused by a force majeure event, you may consent to an extended delivery date or you may request the cancellation of the sale and receive a refund within a maximum period of 15 days from such request. Benda Bili shall not be liable for any direct or indirect damage resulting from delay of delivery.

IX. RETURNS AND REFUNDS

Except for any products designated on the Websites as final sale or non-returnable (which Benda Bili can so designate at any time in its sole discretion), Benda Bili will accept returns of products purchased on our Websites that are unused, unwashed, and returned in their original condition and packaging with labels still attached, provided such returns are made within 30 days of delivery.

To start the return process, you must first register your request for a return on our Websites under “MY ACCOUNT / MY RETURNS” before following the instructions provided to mail the package back to us. Products purchased on our Websites cannot be exchanged in store. Refunds (minus any shipping costs) will be issued to the original method of payment. You may also return products in person at any of our store locations located in the same country.

We reserve the right to deactivate a customer’s account and to refuse and/or cancel a customer’s order, or refuse to issue a refund for products returned, if we observe or suspect, in our sole discretion, that the customer is violating our returns and refunds policies.

Please see our Returns & Refunds section of our FAQs, which are incorporated herein by reference, for more details.

X. RETENTION OF TITLE AND INTEREST

Benda Bili retains full ownership of the products sold until full payment, including any and all tax and other charges, has been received.

No right, title, or interest in or to the Websites or any content on the Websites, including Benda Bili’s trademarks and other intellectual property, is transferred to you as a result of your purchase of any products. Please see the Terms of Use for more information.

Terms and Conditions of Use

I. SCOPE OF THE TERMS AND CONDITIONS OF USE

These Terms and Conditions of Use (the “Terms of Use”) are expressly incorporated into, and made a part of, the Terms.

These Terms of Use govern all users’ access to and use of the Websites (including just browsing through the Websites), whether or not you register and create an account and whether or not you make any purchases.

II. INTELLECTUAL PROPERTY RIGHTS

The Websites and their entire contents, features, and functionality (including but not limited to all information, software, text, graphics, displays, logos, button icons, displays, images, video, and audio, and the design, selection, compilation and arrangement thereof) are owned by the Company, our affiliates, partners, licensors, or other providers of such material, and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

You agree to use the Websites for your personal, non-commercial use only. You agree not to access or use for any commercial purposes any part of the Websites or materials available through the Websites. You further agree not to reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit, or otherwise exploit in any way, any of the material on our Websites.

If you wish to make any use of material on the Websites other than as set out in this section, please address your request to legal@sezane.com.

If you print, copy, modify, or download or otherwise use or provide any other person with access to any part of the Websites in breach of these Terms of Use, your right to use the Websites will stop immediately and you must, at our option, return or destroy any copies of the materials you have made.

No right, title, or interest in or to the Websites or any content on the Websites is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Websites not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

III. TRADEMARKS

The Company name, the terms Sézane, Octobre Editions, Petit Sézane, the Company logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such trademarks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Websites are the trademarks of, and should not be used without prior written permission from, their respective owners.

IV. PROHIBITED USE

You may use the Websites only for lawful purposes and in accordance with these Terms of Use.

You agree not to use the Websites in any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries), or to engage in any other conduct that, as determined by the Company in its sole discretion, may exploit, harm, infringe upon the rights of, or expose to liability, the Company or any third party or users of the Websites.

Additionally, you agree not to:

● request or otherwise attempt to harvest, obtain or store, personal information, passwords, and other account information, or any other type of information relating to other users;

● impersonate or attempt to impersonate the Company, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing;

● access or use another person’s account;

● disguise the origin of user communication;

● alter, modify, frame, or “mirror” the Websites;

● create a deep-link to our Websites by bypassing the Websites’ home pages;

● use any data mining, robots, or other data-gathering and extraction tools in connection with the Websites, or any other automatic device, process, or means to access the Websites for any purpose, including monitoring or copying any of the material on the Websites;

● use any manual or other process to monitor or copy any of the material on the Websites or for any other unauthorized purpose without our prior written consent.

● modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the Websites;

● inhibit, disrupt, or otherwise prevent any other party from using or accessing the Websites or interrupt any user's experience on the Websites, including, but not limited to, acting in any manner that disrupts or interferes with any user’s ability to engage in real-time activities on the Websites;

● interfere with or disrupt, disable, overburden, damage, or impair the Websites, or the servers or network connections to the Websites, or disobey any requirements, procedures, policies, or regulations of networks connected to the Websites;

● introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful, or attack the Websites via a denial-of-service attack or a distributed denial-of-service attack; or

● attempt to gain unauthorized access to the Websites (or any portion thereof).

If you access or use any part of the Websites in breach of these Terms of Use, your right to use the Websites will stop immediately. Benda Bili reserves the right to take any action it deems necessary to cure or prevent any such breach.

V. Linking to Our Websites

You agree not to link to our Websites or any part of our Websites in any way that suggests any form of association, approval, or endorsement on our part without our express written consent, or that damages or takes advantage of our reputation, or that is illegal, unfair, or misleading.

You must not (a) cause the Websites or portions of the Websites to be displayed on, or appear to be displayed by, any other website, for example, by framing, deep linking, or in-line linking, or (b) otherwise take any action with respect to the materials on the Websites that is inconsistent with any other provision of these Terms. You agree to cooperate with us to cause unauthorized framing or linking to immediately stop. We reserve the right to withdraw linking permission without notice or to disable all or any links at any time without notice in our discretion.

VI. Third-Party Content

The Websites may include content provided by third parties. All statements and/or opinions expressed in such content, and all other content (other than the content provided by the Company), are solely the opinions and the responsibility of the person or entity providing those materials and content. Those materials and content do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

VII. Links to Third-Party Websites

The Websites may contain links to other websites, including without limitation social media websites, maintained by third parties (“Linked Websites”). These links are provided for your convenience only. We have no control over the contents of those websites or their services, and the inclusion of Linked Websites does not imply endorsement by us of the Linked Websites. We accept no responsibility for Linked Websites or for any loss or damage that may arise from your access to them. If you decide to access any Linked Websites, you do so entirely at your own risk and subject to the terms and conditions and policies of such Linked Websites.

Additional Terms

These additional terms are a part of the Terms generally and apply to all users’ access to and use of the Websites (including just browsing through the Websites), whether or not you register and create an account and whether or not you make any purchases.

I. Changes to the Terms

Benda Bili reserves the right to update or modify the Terms from time to time and at any time in its sole discretion without prior notice. Any changes to the Terms will be in effect as of the “Updated as of” date posted at the top of this page and will apply to all access to, use of, and purchases on the Websites on and after that date. However, any changes to the dispute resolution provisions set out in the Governing Law and the Binding Arbitration and Class Action Waiver sections herein will not apply to any disputes for which the parties have actual notice before the date the change is posted on the Website. You should review these Terms prior to using, or purchasing any products on, the Websites. Your continued use of the Websites, including the placing of any orders on the Websitse, following the posting of updated Terms means that you accept and agree, without reservation, to the changes. You are expected to check this page from time to time so that you are aware of any changes, as they are binding on you.

II. Privacy

The information that you provide to us and/or that we collect from you on or through the Websites, including personal information, is subject to our Privacy Policy, which is incorporated by reference herein. By using the Websites, you consent to all actions taken by us with respect to your information, including your personal information, in accordance with our Privacy Policy.

III. Availability of and Changes to the Websites

We reserve the right to modify, suspend, or discontinue the Websites, and any products, services, content, features, or materials provided or offered through the Websites, in our sole discretion and without notice. We will not be liable for any reason if all or any part of the Websites are unavailable for any reason at any time or for any period. From time to time, we may restrict access to some parts of the Websites, or the entire Websites, to users, including users who are registered and have accounts. You agree that we shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Websites or any products, services, content, features, or materials provided or offered through the Websites.

IV. Special Features, Functionality, and Promotional Events

The Websites may, from time to time, offer certain special features and functionalities or promotional events (such as contests, sweepstakes, or other offerings) which may be subject to terms of use, rules, and/or policies in addition to these Terms and may be offered by us or by third parties. If so, we will notify you of this and if you choose to take advantage of these offerings, you agree that your use of these offerings will also be subject to such additional terms of use, rules, and/or policies.

V. Intended Audience and Geographic Restrictions

The Websites are not intended for and should not be used or accessed by anyone under the age of 13. You must be 18 years old to register and create an account and/or to make a purchase on our Websites. We provide our Websites for use only by persons located in the Territories. We make no claims that the Websites or any of their content is accessible or appropriate outside of the Territories. Access to the Websites may not be legal by certain persons or in certain countries. If you access the Websites from outside the Territories, you do so on your own initiative and are responsible for compliance with local laws.

VI. Disclaimer of Warranties and Limitation of Liability

1. Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Websites will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Websites for any reconstruction of any lost data.

TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON THE WEBSITES, OR ON ANY WEBSITES LINKED TO IT.

YOU ACKNOWLEDGE, BY YOUR USE OF OUR WEBSITES, THAT YOUR USE OF OUR WEBSITES IS AT YOUR SOLE RISK. THE WEBSITES ARE PROVIDED BY BENDA BILI ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. BENDA BILI MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, AVAILABILITY, OR OPERATION OF OUR WEBSITES. WITHOUT LIMITING THE FOREGOING, BENDA BILI DOES NOT REPRESENT OR WARRANT THAT THE WEBSITES WILL BE ACCURATE, RELIABLE, UNINTERRUPTED, OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, THAT THE WEBSITES OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS, OR THAT THE WEBSITES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

2. Limitation of Liability – Use of Websites

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE COMPANY, ITS SUBSIDIARIES AND AFFILIATES, OR ITS OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE TO ANY PERSON OR ENTITY FOR ANY DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, INCLUDING ANY DIRECT OR INDIRECT LOSS OR DAMAGE (WHETHER ACTUAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, ENHANCED, SPECIAL, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF DATA, LOSS OF PROFITS, LOSS OF REVENUE OR BUSINESS, LOSS OF USE, LOSS OF GOODWILL, DIMINUTION IN VALUE, OR OTHERWISE), INJURY, CLAIM, OR LIABILITY BASED UPON OR RESULTING, DIRECTLY OR INDIRECTLY, FROM, OR IN ANY RELATED TO, YOUR USE OR INABILITY TO USE, OR THE PERFORMANCE OF OR CONTENT ACCESSED THROUGH, THE WEBSITES OR ANY LINKED WEBSITES, EVEN IF FORESEEABLE. BENDA BILI IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH THE WEBSITES OR ANY OF THEIR CONTENT, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITES. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

3. Limitation of Liability – Products

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE COLLECTIVE LIABILITY OF THE COMPANY AND ITS SUBSIDIARIES AND AFFILIATES, AND THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE AMOUNT YOU HAVE PAID TO THE COMPANY FOR THE APPLICABLE PRODUCT OR PRODUCTS OUT OF WHICH LIABILITY AROSE. THIS LIMITATION OF LIABILITY DOES NOT APPLY TO LIABILITY RESULTING FROM OUR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

VII. Indemnification

To the fullest extent permitted by law, you agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to (i) your breach of these Terms, including, without limitation, any claims alleging facts that, if true, would constitute a breach by you of these Terms, and/or (ii) your use of the Websites.

VIII. Governing Law

These Terms are governed by the laws of New York, without regard to conflict of law principles.

In the event of any dispute between you and Benda Bili, we strongly encourage you to contact customer service promptly so that we can attempt to resolve the disagreement amicably. If no amicable solution to the dispute is found, you and Benda Bili agree to refer the dispute to binding arbitration.

The terms of this Governing Law provision shall not deprive consumers of their right to seek remedies under the substantive consumer protection laws applicable to them in their states of residence; provided, however, that the provisions of the Binding Arbitration and Class Action Waiver section below shall still apply.

IX. Binding Arbitration and Class Action Waiver

YOU AND BENDA BILI ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.

ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO THESE TERMS, YOUR USE OF THE WEBSITE, THE WEBSITE’S CONTENT OR SERVICES, INCLUDING ADVERTISEMENTS, DISCLOSURES, AND EMAILS, OR ANY PURCHASE, RETURN, OR OTHER TRANSACTION THROUGH THE WEBSITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.

The arbitration will be administered by the American Arbitration Association under its Rules of Arbitration (the “AAA Rules”) then in effect, except as modified by this section. (The AAA Rules are available at www.adr.org or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section.

The place of arbitration shall be New York City, New York. Except as otherwise provided herein, the arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable, or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction.

You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR BENDA BILI WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.

If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed, and the remaining arbitration terms will be enforced.

X. SEVERABILITY

Should one or more of the provisions of these Terms be held invalid or declared as such in application of a law, regulation or following a final decision by a competent court, the remaining provisions shall retain their full force and scope.

XI. NO WAIVER AND OTHER ADDITIONAL TERMS

These Terms govern all transactions between you and Benda Bili through our Websites and supersede all prior agreements and representations. Headings are for reference purposes only and in no way define or limit the scope of the section. No waiver by Benda Bili of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition. Any failure of Benda Bili to assert a right or provision under these Terms shall not constitute a waiver of such right or provision, and the failure of Benda Bili to act with respect to a breach of the Terms by you or others does not constitute a waiver and shall not limit Benda Bili’s rights with respect to such breach or any subsequent breaches.

XII. Force Majeure

Benda Bili shall not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, cyberattacks, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, pandemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown, or power outage.

XIII. Notices

We may provide any notice to you under these Terms by: (i) sending a message to the email address you have provided for your account or (ii) by posting to the Websites. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.

To give us notice under these Terms, you must contact us by email at bonjour@sezane.com or bonjour@octobre-editions.com. We may update the email address for notices to us by posting a notice on the Websites. Notices provided by email will be effective upon delivery.

Your Comments and Concerns

All feedback, comments, requests for technical support, and other communications relating to the Websites should be directed to bonjour@sezane.com or bonjour@octobre-editions.com.