Article 1 - Company information
These general terms and conditions of sale (the “Terms and Conditions of Sale”) are those of CAROLINA HERRERA LTD ( the “Company”), an American company with registered office at State of Delaware is c/o The Prentice-Hall Corporation System, Inc., 251 Little Falls Drive, Wilmington, Delaware 19808 and Companies’ principal business address at 501 Seventh Avenue, 17th floor, New York City, New York 10018, which creates, designs and sells luxury ready-to-wear clothing and fashion accessories.
For any question or help you may need, you may contact us at: Contact e-mail: firstname.lastname@example.org
Article 2 - Scope of application of the Terms and Conditions of Sale
These are the general terms and conditions (hereafter the “Terms and Conditions of Sale”) which apply to any sales by Company and purchases by final consumers in the United States of America (the “US”), (for domestic and private, personal use only) of products carrying the Company's trademarks (hereafter the “Products”) offered for sale on the Company's website www.carolinaherrera.com (hereinafter the "Website").All sales of Products carried out through the intermediary of the Website are subject to these Terms and Conditions of Sale, which the customer expressly accepts when placing its order.These Terms and Conditions of Sale may be modified or updated by Company at any time; the Terms and Conditions of Sale applicable to an order placed by a customer are those in force on the day on which the order is placed.
Article 3 – Information concerning the Products
While taking the utmost care to ensure the maximum degree of accuracy as regards the information on the Products (categories, names, reproduction, pictures, descriptions, properties, characteristics and composition, etc.) offered for sale on the Website, and regularly updating said information, descriptions and data, the Company cannot accept liability for any non-substantial errors that may occur. Furthermore, although photographs and other reproductions of the Products for sale shall represent them faithfully on the Website, within the limits of the available techniques, they may nevertheless contain non-substantial errors. The Products are offered for sale within the limits of their availability. If, despite the Company's vigilance, the Products ordered are no longer available, the Company will inform the customer of this by any appropriate means (telephone or e-mail) as soon as possible.
Article 4 – Ordering Products on the Website
The Products offered on this Website are intended for final consumers established in the US (for domestic and private, personal use only), excluding the states set forth in Article 2 (if any).
In order to place an order on the Website, the customer must have reached the age of majority, enjoy legal capacity and hold a credit card or any other payment instrument accepted on the Website (as indicated at the time of validating the order). The customer undertakes to ensure that all the information communicated to the Company via the Website in the context of his/her order is compliant with these Terms and Conditions of Sale, accurate and up-to-date. Failing this, the Company reserves the right to cancel the order and the corresponding payment.
It is expressly agreed between the Company and the customer that e-mails exchanged between the parties and any information registered on the Website through the Company’s automatic registration systems shall be held to be authentic and serve as proof.
The Products are offered for sale on the Website to final consumers for their domestic and private, personal use only. The resale or other commercial purposes of the Products is prohibited.
The Company will also be entitled to refuse any order: (i) placed by a customer with whom there is an outstanding dispute relating to the payment of any previous order; or (ii) that is not compliant with these Terms and Conditions of Sale.
4.2 Steps to place an order
- Step n°1: Selection of the Products
On the Website, the customer selects the Product(s) of its choice, their required quantity and, as the case may be, the relevant size or format, and adds the selected Products to its shopping cart by clicking on the “ADD TO BAG” button.
- Step n°2: Verification of the selected Products
The customer may freely modify online his/her “SHOPPING BAG” containing the Products selected, remove a Product initially selected, modify the quantities ordered or alternatively add a Product to its “SHOPPING BAG”. The price of the Products selected will be automatically displayed in the “SHOPPING BAG”.
- Step n°3: Order validation
Once the customer has made his/her selection and wishes to validate the contents of his/her “SHOPPING BAG” he/she must click the “CONTINUE TO CHECKOUT” button and then, identify himself/herself as follows:
- If he/she has an account on the Website: by entering his/her login and password;
- If he/she does not have an account on the Website: by his/her name, address to which the order will be invoiced to him/her, telephone number.
The customer must validate:
- the delivery address, which must be in the US.
- the shipping method opted for.
- the chosen payment method.
Once all this information has been duly fulfilled and validated, the price of the Products, and, as the case may be, the extra shipping costs and sales tax as applicable, will be automatically displayed on the Website and the customer must click on the “PLACE ORDER” button.
After communicating its payment information, the customer must then click on the "PLACE ORDER" button in order to debit his/her bank account. Provided that the customer's bank has authorized the debiting of his/her bank account, his/her “SHOPPING BAG” will be directly forwarded to the Company’s department responsible for preparing orders; the customer will then see his/her order number displayed.
- Step n°4: acknowledgement of receipt of the order
The Company will acknowledge having received the order by means of an e-mail sent to the email address communicated by the customer. This confirmation e-mail will contain the ordering and customer information and/or, where relevant, any difficulties concerning the order (availability of the Products, delivery timeframes or payment difficulty). The orders are binding on the Company and the customer once a confirmation e-mail without reservations has been sent to the customer.
- Step n°5: dispatching of the Product(s)
At the time of dispatching the Products to the delivery address chosen by the customer, the Company will send the latter an email informing him/her of the said dispatch.
Article 5 – Price of the ProductsThe prices displayed on the Website are given in USD and include any applicable sales tax.
The amount of the delivery or extra transport costs (if any, will be automatically displayed on the Website at the time of the validation of the order.
The prices of the Products are those in force at the date of placing the order.
Article 6 – Payment
The customer's purchases will be paid for by credit card. The following credit cards are accepted by the Company: Visa, Mastercard or American Express.
The customer undertakes to effect payment via a credit card of which he/she is to be the holder, which mentions his/her identity (surname and first name).The customer will access a secure server that has been certified by a certification authority.The customer must provide his/her credit card number and/or his/her bank details by filling in the online payment form.The transaction will then be effected by the customer in accordance with secure banking standards, by communicating his/her credit card number and/or bank details; the customer unconditionally agrees in advance that the Company may complete the secure transaction in question. The authorization to debit the customer's account is always given only for the amount of the Products bought.The customer's credit card will then be debited after verification of its identification and banking information. If, for any reason whatsoever (objection, refusal on the part of the issuing centre, etc.), debiting the sums payable by the customer proves to be impossible, the order will not be registered by the Company and/or will be cancelled. The Company reserves the ownership of the Products until the full price of the Products has been paid to Company, i.e. once the price has effectively been debited from the customer’s bank account.
Article 7 – Delivery
Products shall be delivered to the delivery address indicated by the customer at the time of placing his/her order, provided that such delivery address is located in one of the countries where the Company offers delivery of its Products (see Article 2). To that end, the customer undertakes to have communicated an exact delivery address to the Company, which will in no event be liable for the impossibility to deliver the order in case of missing/erroneous delivery information; orOnce payment of the amount payable for the Products ordered has been duly validated, these Products will be delivered to the customer according to the delivery selection made by the customer.The Products ordered will be delivered on the date or within the timeframe indicated on the Website and in the confirmation e-mail, without exceeding 30 business days as from the confirmation of the order. The delivery times indicated on the Website will always take into account normality in the execution of transport. In the event of any anomaly that could cause a delay, the Company will inform you of this and will propose another delivery date or alternative measures.The Company will deliver the Products ordered by a private carried selected by the Company, by standard post only. The amount of the transportation costs is: [*] USD. The transportation cost are free with any order above [*] USD.The risks related to the Products shall be transferred to the customer at the time the products are delivered to the customer at the delivery address.
Article 8 – Right of withdrawal
The customer may elect to return any items ordered within 14 calendar days from the receipt of the Products, or in case of multiple Products purchased in one order 14 calendar days from the receipt of the last of the Products, by returning to the Company the return form sent to him/her by the Company in the email confirming his/her order and also accessible here.The customer must then return the Products delivered:- either by following the steps of the procedure suggested by the Company, as described on the Website (link) and/or in the return information notice that came with the order,- by any other means chosen by customer, at his/her own expense. Customer is advised to keep any proof of having returned Products, which presupposes that the Products will be returned by the customer by recorded delivery or any other means that allows proof of a specific date of return.The return of the Products must be made by the customer:- within fourteen (14) calendar days as from the time of his/her has notified to Company his/her intention to exercise his/her right of return;- in their original packaging, in perfect condition, unused, and accompanied by all the accessories and documents provided with them at the time of delivery (notice, warranty, certificate of authenticity, etc.) and the delivery slip enclosed with the Products delivered. Reimbursement of the price invoiced, less any delivery charges, for Products returned will be made by crediting the customer's bank account within (30) days as from the receipt by the Company of the returned Product.Any personalized, revised or altered Products, or any Product returned in a damaged, used, incomplete or soiled condition, may not be refunded or exchanged.
Article 9 – Non-conforming orders
If the Products delivered are not the Products that were ordered, the customer shall:- inform the Company as soon as possible, by means of an email sent to: email@example.com explaining why the Product is not in conformity with his/her order;- return the concerned Product(s) in their original packaging, in perfect condition, unused, and accompanied by all the accessories and documents provided with them (notice, warranty, certificate of authenticity, etc.) and a copy of the delivery slip enclosed with the delivered Product(s);- follow the steps of the return procedure suggested by the Company, as described on the Website link and/or in the return information notice that came with the order, in the context of which all the costs of returning the Product(s) will be borne by the Company;- the costs of returning the Product(s) will however be borne by the Company, only if the customer is right in claiming that the Product returned is not compliant with his/her order, and subject to providing evidences of said costs to the Company. They will then be reimbursed by crediting the customer's bank account accordingly;- if it is not possible to exchange or repair the returned Product, reimbursement of the price invoiced for non-compliant Products that have been returned will be effected by crediting the customer's bank account within, at the latest, fourteen (14) days as from the Company's receipt of the returned Products.Under no circumstances shall the restitution, exchange or reimbursement be requested and/or performed in a physical store.
Article 10 – Intellectual property rights
The Company's products and trademarks whether figurative or not, and, in general, any other trademarks, illustrations, images, designs, models and logos displayed on the Website, are and will remain the exclusive property of the Company. Any contents published on the Website are protected by copyrights.Nothing herein shall be construed as granting customer any right in the trademarks, products, distinctive signs of Company, and any intellectual property rights attached to it.The customer undertakes not to download, disseminate, reproduce or modify the Website, either in whole or in part, in any form whatsoever.The customer undertakes, more generally, to read and comply with the Terms and Conditions of Use of the Website, accessible by clicking on following link Terms and Conditions of Use.
Article 12 – LiabilityCompany may only be held liable for direct damages resulting from its fault, negligence or fraud under these Terms and Conditions of Sale.The Products are designed for a domestic and private, personal use only, to the exclusion of any commercial, business or re-sale purposes. Company may not be held responsible for any loss of profits or business in relation with any resale activity carried out by customer.Company may not be held responsible for any indirect damages resulting from the use of the Products by customer or any third party. The loss or impossibility to use Products due to events beyond the Company’s control may not give rise to any reimbursement or indemnification by Company.
TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL OUR COMPANY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION ANY LOST OPPORTUNITY OR PROFITS, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOSS OF GOODWILL OR ANY OTHER INTANGIBLE BENEFIT, EVEN IF SUCH DAMAGES ARE FORESEEABLE AND WHETHER OR NOT THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY THEREOF. IN NO EVENT SHALL THE COMPANY’S LIABILITY EXCEED THE TOTAL AMOUNT PAID TO THE COMPANY BY YOU. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
The Website, content provided through the Website, and all technology, software, materials, data, or images provided or used by or on our behalf or our licensors in connection with the Website are provided “as is” and on an “as available” basis. Except as expressly set forth herein, we make no other representation or warranty of any kind, whether express, implied, statutory, or otherwise with respect to the offerings on the site. Except to the extent prohibited by applicable law, we disclaim all implied warranties, including any implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, non-infringement, and quiet enjoyment, and any warranties arising out of any course of dealing, performance, or trade usage. We will not be held responsible for (i) any errors, inaccuracies, or service interruptions, including power outages or system failures; or (ii) any unauthorized access to, use of, or alteration of, or deletion, destruction, damage, or loss of, any data, images, text, or other information or content. We may discontinue any aspect of the Website, or may change the nature, features, functions, scope, or operation of the Site at any time.
Article 13 - Miscellaneous
The Company shall not be liable to any customer for any delay or failure to perform any obligation hereunder if the delay or failure is due to events that are beyond the Company’s control including, but not limited to, strike, blockade, war, act of terrorism, riot, pandemic, imposition of trade restrictions, natural disaster or refusal of a license by a government agency.The Company will inform the customer of any such event within at the latest eight (8) days of its occurrence. If this suspension of the Company's performance of its obligations continues for more than thirty (30) days, the customer will have the possibility of cancelling the order in course. In this case, the customer will be reimbursed by the Company as soon as possible by crediting his/her bank account.Should any of the provisions of these Terms and Conditions of Sale come to be declared wholly or partially null and void, the other provisions and all the other rights and obligations resulting therefrom will remain unchanged and will continue to be applicable.Article
14 – Competent jurisdiction
- Applicable law Any dispute under these Terms and Conditions of Sale shall be governed by and construed in accordance with the laws of the State of New York, without prejudice however to any rights you may have, as a consumer buying products on our Website, under applicable law and in particular Regulation (EU) No 1215/2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters, of 12 December 2012.The parties hereby consent to the exclusive jurisdiction of, and venue in, any federal or state court of competent jurisdiction located in the State of New York. Last update: May 2020© ANTONIO PUIG, S.A. 2020. All rights reserved.