Terms and Conditions of Sale

Last update in June 2022

Article 1 – Company information

Puig Emirates LLC (“PUIG” or the “Company”), a United Arab Emirates entity whose head office is located at PO Box 30058, Building 10, Dubai Design District United Arab Emirates under number 988059, which sells fragrances, makeup and merchandising products. For any question or help you may need, you may contact us at:

Contact e-mail:

Contact telephone: +971 80027823

Article 2 - Scope of application of the Terms and Conditions of Sale

These are the general terms and conditions of sale of the Company (hereafter the “Terms and Conditions of Sale”) which apply to any sales by Company and purchases by final consumers (for 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").

Please note that Company carries out delivery and return of its Products only in United Arab Emirates.

If you do not reside in United Arab Emirates (regions where delivery is available only, please see above list of excluded regions), you will be responsible for organizing the collection or shipment of your Product(s) in or from any of the countries where the Company offers the delivery of its Products on the Website.

All sales of Products carried out through the intermediary of the Website, even to consumers located in the abovementioned countries, are subject to these Terms and Conditions of Sale, which the customer expressly accepts when placing his/her 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.

These Terms and Conditions of Sale form an integral whole with our General Terms and Conditions of Use, our Privacy Policy and our Cookies Policy.

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 in the acceptance e-mail mentioned below under Article 4.2. In this case, the Company refrains from a declaration of acceptance and a contract is not concluded.

Article 4 – Ordering Products on the Website

4.1 General

The Products offered on this Website are intended for final consumers established in United Arab Emirates (for domestic and private, personal use only), excluding the regions set forth in Article 2.

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/debit 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.

Company will not be responsible for any consequences of an inaccurate information provided by the customer.

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 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, in particular because the customer does not act as final consumer for his/her personal use only.

4.2 Steps to place an order

o 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. The display of the Products on the Website does not constitute an offer by the Company, but a mere invitation to the customer to place an offer.

o 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”.

o 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 CHECK OUT” button and then, identify himself/herself as follows:

·If he/she has an account on the Website: by entering his/her login/e-mail 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 one of the countries where Company offers the delivery of the Products on its Website (See Article 2);

·the shipping method.

·the chosen payment method.

Once all this information has been duly fulfilled and validated, the essential characteristics of the Products and their total price, and, as the case may be, any additional extra delivery or shipping costs and sales tax and duties as applicable, will be automatically displayed on the Website in a clear and comprehensible manner in a prominent way immediately before the consumer places his/her order.

The customer must expressly accept these Terms and Conditions of Sale, to which the customer finds an express link, by checking the box "I agree with the Carolina Terms and Conditions" and must click on the “CONFIRM AND PAY” button to submit his/her binding offer.

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.

The Company will acknowledge having received the order by means of an e-mail sent to the e-mail address communicated by the customer. This acknowledgement of receipt 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 an acceptance e-mail without reservations has been sent to the customer. Upon this acceptance by the Company, the Company and the customer have concluded a binding sales contract on the basis of the terms of the order, the acceptance and these Terms and Conditions of Sale.

Step n°6: 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 e-mail informing him/her of the said dispatch.

Article 5 – Price of the Products

The prices displayed on the Website are given in Arab Emirate Dirhams and include all taxes applicable, such as VAT, but do not include extra delivery costs.

The amount of the extra transport costs (other than standard delivery), if any, will be automatically displayed, if relevant, 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.

10% discounts for registration to the Carolina Herrera newsletter are valid only on makeup and fragrance orders on first time order only. This discount does not apply to the sale of fashion products or accessories.

Article 6 – Payment

The customer's purchases will be paid for by credit and/or debit card. The following credit cards are accepted by the Company: VISA, MASTERCARD, AMERICAN EXPRESS, CUP. DINERS, DISCOVER, JCB, MAESTRO or any other ones indicated on the Website, at the moment of the transaction.

The customer undertakes to effect payment via a credit or debit 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/debit card number and/or his/her bank details by filling in the online payment form.

The transaction will then be executed by the customer in accordance with secure banking standards, by communicating his/her credit or debit 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, including applicable sales taxes and duties and plus the amount of the delivery or extra transport costs (if any).

The customer's credit or debit 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. If you wish an invoice, please send us an e-mail at [email protected] and indicate your VAT identification number, full name, full address and order number. We will review your details and send back your invoice.

Article 7 –Delivery

Products can only 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.

Once payment of the amount payable for the Products ordered has been duly validated, these Products will be delivered to the delivery address indicated 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. [FIJO1]

The Company will deliver the Products ordered by a private carrier selected by the Company, by standard post only. The usual amount of the transportation costs is: 5,25 Arab Emirate Dirhams (VAT Included). The transportation costs are free with any order above 25 Arab Emirate Dirhams.[FIJO2]

The risks related to the Products shall be transferred to the customer at the time the Products are delivered to the customer (or a third party designated by the customer) at the delivery address.

If Products are delivered with obvious transport damage, please complain about such defects to the carrier as soon as possible and contact us immediately. Failure to make a complaint or contact us will have no consequences for your legal claims and their enforcement, in particular your warranty rights. However, they help us to be able to assert our own claims against the carrier or the transport insurance.

Article 8 – Right of withdrawal

The customer has a right of withdrawal that he/she may exercise until 14 days from the receipt of the Products, or in case of multiple Products purchased in one order 14 days from the receipt of the last of the Products, without having to justify his/her decision, by returning to the Company the withdrawal form sent to him/her on demand by the customer service of the Company.

The customer must then return the Products delivered:

·either by following the steps of the procedure suggested by the customer service of the Company, in the context of which the costs of returning the Products will be borne by the Company;

·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) days as from the time of his/her has notified to Company his/her intention to exercise his/her right of withdrawal;

·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 for Products returned will be made by crediting the customer's bank account within (14) days as from the receipt by the Company of the returned Product or, if earlier, the day on which the customer supplies evidence of having sent the Products back.

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 – Legal warranties

The customer must verify that the Product(s) delivered are compliant to his/her order.

Customer is informed that Company's Products are subject to the following legal warranties concerning conformity and hidden defects, which apply independently from any commercial warranty provided, as the case may be, by Company:

Conformity

The seller shall deliver a product compliant to the contract and is responsible for any lack of conformity which exists at the time of delivery.

The seller is also responsible for the conformity defects resulting from the packaging, instructions for assembly or installation when these have been made its responsibility by the contract or have been produced under its responsibility.

The customer has the right to reject the Product because of its lack of conformity within 24 months from the delivery of the goods.

Any non-conformities which appear within 24 months from the delivery of the Products are deemed to exist at the time of delivery, unless the contrary is proved.

The customer may choose between the repair or replacement of the Product, except where one of these options implies excessive costs for Company as regards the value of the Product or the significance of the defect. In such case, Company may choose the second option which was not chosen by the customer.

The conformity warranty shall not imply any costs for the customer.

Defects

A seller is bound to a warranty for any defects of the product sold which make the product unfit for the use for which it was intended, or which impair the use of it so that the purchaser would not have purchased it, if purchaser had known them.

The customer has the right to reject the Product because of its defects.

In case of defects, the customer may choose between returning the product to Company and being reimbursed the price of the Product.

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 protected] explaining why the Product is not in conformity with his/her order number;

·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.

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.

Article 11 – Personal Data

Company collects the following personal data: the identity, login and password chosen by the customer on the Website, its e-mail address, telephone number, the address of the customer's usual place of residence, the delivery address, the means of payment.

This data is strictly necessary in order to process the order and may only be communicated to the Company's contractual partners intervening in the performance of the order (e.g. banking institutions for the payment of orders or shipment companies ensuring delivery of the Products).

The customer has the right to access, require deletion or modification of his/her personal data.

In order to exercise this right, he/she may send an e-mail to: [email protected].

However, customer is informed that without such data, Company may not be able to perform its order(s).

Company’s Privacy Policy is accessible by clicking on following link Privacy Policy.

Article 12 – Liability

Company 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 personal and domestic use, to the exclusion of resale 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.

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's performance of all or part of its obligations will be suspended, as of right, without liability, in the event of the occurrence of a force majeure case, as defined in article 273(1) of the UAE Civil Code.

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

The Terms and Conditions of Sale are submitted to the laws of the United Arab Emirates, without prejudice however to any other conflict of laws rules applicable.

In case of any dispute between Company and the customer, customer has the possibility to bring the matter before an independent dispute resolution body. If you are based in the United Arab Emirates, you may file a complaint with the Dubai Department of Economic Development on the following website, in order to seek online dispute resolution:https://consumerrights.ae/en/Pages/consumer-complaint.aspx.

Where the dispute is not resolved amicably, such dispute shall be submitted to the competent courts of Dubai, United Arab Emirates.

Last update in June 2022

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