The website www.carolinaherrera.com (the “Website”) is managed by the Spanish company ANTONIO PUIG, S.A. (“PUIG”), with registered address at Plaza Europa, 46-48, 08902 L’Hospitalet de Llobregat, Barcelona (Spain), holder of Tax Identification Number A-08.158.289, recorded with the Commercial Registry of Barcelona at volume 45167, folio 153, sheet number 11.327, including the following contact emails:
- firstname.lastname@example.org (fragrances “CAROLINA HERRERA” and “CAROLINA HERRERA NY”).
- email@example.com (“Fashion CAROLINA HERRERA NY”).
- firstname.lastname@example.org (“Fashion CAROLINA HERRERA”).
Access to the Website
Browsing and access to the Website and/or the use of the services offered through it grant the condition of user of the Website (the “User/s“) and imply full and unreserved acceptance of the terms and conditions provided in this legal notice (the “Legal Notice“), as published by PUIG at the time the User may access the Website.
The use of certain services offered to the users through the Website are subject to specific terms and conditions (the “Special Conditions“), or require the acceptance of general conditions of purchase (the “CGP“) which, as the case may be, replace, complement and/or modify the Legal Notice. Accordingly, prior to the use of such services, the User must read and accept, where applicable, the corresponding Special Conditions or GCP, as appropriate.
Also the use of the Website is subject to the legal texts, regulations of use and/or instructions on the Website that complement the Legal Notice.
Use and operation of the Website
Unless otherwise specified in the Special Conditions and/or applicable GCP, the use of the Website is free and without prejudice to the cost of connection of the relevant telecommunications network the User has access.
The User agrees to use the Website, as well as its services and content, without infringing the current law, good faith, generally accepted uses and customs and public order. It is also prohibited the use of the Website for illegal or harmful purposes for PUIG or any third party.
When using the Website, the User agrees not to perform any act that could damage the image, interests and/or rights of PUIG and/or third parties, or that could render the Website useless, and/or overcharge, or prevent, in any form, the usual use and operation of the Website, the computer equipment or documents, files and all kind of content stored on any computer equipment (hardware and software) of PUIG or any other user.
In the event that the User infringes the Legal Notice or, as the case may be, any other terms or conditions detailed on the Website, PUIG is entitled to limit, suspend and/or terminate their access to the Website, adopting any technical measure that may be necessary for such purposes.
In general, the use of the Website does not require prior subscription or registration. However, PUIG may subject the use of certain services or the access to certain content to the prior completion of the registration and/or form available on the Website. Registration will be carried out as expressly stated in the service or in the Special Conditions and/or CGP that regulate it.
PUIG will make its best efforts to keep the Website in good working order, prevent errors or remedy them, if they arise, amend them, and keep the contents of the Website up-to-date. However, PUIG does not warrant the availability or continued access to the Website, that there are no errors in its contents or that its contents are up-to-date.
PUIG reserves the right unilaterally to modify at any time and without prior notice, the clauses of the Legal Notice, as well as the configuration and, in general, any other content or service of the Website. The use of the services and/or the simple access to the Website will imply the acceptance of any amendment introduced. PUIG therefore recommends to regularly review the Legal Notice and its subsequent amendments.
The User recognizes and accepts that at any moment PUIG shall be entitled to interrupt, disable and/or terminate any of the contents and/or services included on the Website.
User knows and voluntarily accepts that the use of the Website is carried out, in any event, under their sole and exclusive liability.
User shall be held liable for the damages and prejudices of any kind that PUIG may suffer as a consequence of the infringement of any obligations that are subject to this Legal Notice and/or the law in force.
PUIG shall not be liable for any loss and/or damage that may arise, directly or indirectly, from access to or use of the information the Website contains and, especially, information on third parties other than PUIG and/or CAROLINA HERRERA, including, but not limited to, the ones produced in the computer systems or the one arisen by the introduction of a virus and/or hacking, and shall not be held liable for the damages suffered by the users due to a inappropriate use of the Website nor for the falls, interruptions, absence or fault in the communications.
Moreover, PUIG shall not be held liable for any damage or loss caused to Users’ software or hardware arising from access and/or use of the Website.
Unless otherwise set forth by law, the User expressly acknowledges and agrees that PUIG does not grant warranty of any kind, either express or implied, over the Website, its content and services.
PUIG reserves the right to interrupt the access to the Website, as well as the provision of any or all content and/or services offered through it, at any time and without prior notice, either for technical reasons, security, control, maintenance or any other cause.
Consequently, PUIG does not guarantee the reliability, availability or continuity of the Website or the content offered on it, so that access to the Website and its contents is on User’s own risk.
Furthermore, PUIG shall not be held liable for temporary interruptions of service, delays, errors, malfunctions and, in general, any inconvenience caused by factors that are not attributable to PUIG, to fraudulent or culpable actions of the User due to or by force majeure.
In this sense, PUIG excludes to the full extent permitted by law, any liability for damages of any kind that may arise from lack of availability or continuity of the Website or services.
PUIG has adopted security measures reasonably necessary to detect the existence of viruses and/or computer damages. However, the security measures of the computer systems are not entirely reliable and therefore PUIG cannot guarantee the absence of virus or other elements that may cause alterations in computer systems (software and hardware) of the User or in electronic files contained therein.
PUIG excludes to the fullest extent permitted by law, any liability for damages of any kind that may be due to the presence of viruses or other elements contained in the Website, which may alter the computer system, electronic documents and/or files of Users.
PUIG excludes any liability for the use that the User may make of Website’s content that may result in a violation of any rule, national or international, of intellectual property or image rights and/or any other right of third parties.
Access to the Website and any use made of the information contained therein is the sole responsibility of whoever does it. PUIG shall not be liable for any consequence, damage and/or prejudice that may result from such access or use of the information, nor for any possible security errors that may occur or the potential damage caused to User’s computer system (hardware and software), files or documents stored therein as a result of a malfunction of the browser or the use of non-updated versions.
Neither will PUIG be liable for damages and/or prejudices arising from the use of the contents of the Website. In particular, PUIG is not responsible for the contents or the state of the links that are contained on the Website and that may lead the User to other websites operated by third parties. PUIG is not responsible for the contents or the state of these websites. Access to them through the Website does not imply that PUIG recommends and/or approves of its contents.
Policy on hiperlinks
- a) Links to the Website
The introduction of hyperlinks or technical link devices (e.g. links, banners or buttons) for commercial purposes in websites outside PUIG (the “Site with Link“), which allow access to the Website, without prior written consent of PUIG is expressly prohibited. In any case, the existence of such hyperlinks does not imply the existence of commercial relationship with the owner of the Site with Link, nor the acceptance and/or responsibility by PUIG of its contents and/or services.
The Site with Link shall comply with the law in force and shall not, in any way, house content of its own or of third parties that: (i) is unlawful, harmful or contrary to morals and good manners (pornography, violence, racism, degradation, etc.); and/or (ii) results inappropriate or not pertinent in connection with the brand PUIG and/or CAROLINA HERRERA. In any case, PUIG reserves the right to prohibit or cancel at any time any hyperlink or technical link device (e.g. links, banners or buttons) to the Website, especially in events of unlawful activity or contents of the Site with Link.
- b) Links to other websites
It is possible to include links to the Website that grant the user access to other websites (“Linked Sites”).
In any case, PUIG does not warrant nor assume any liability for damages and/or prejudices suffered by the access to third-party content through the possible connections or links to the Linked Sites from the Website. The function that, where appropriate, such hyperlinks or technical link devices (e.g. links, banners or buttons) could have is exclusively that of informing Users about the existence of other sources of information or other content and Internet services.
PUIG shall not be in any way liable for the result obtained through these hyperlinks or technical link devices (e.g. links or buttons) or for the consequences arising from the access by Users to the Linked Sites. This third-party content is provided by them, so PUIG cannot control the legality of such content nor the quality of the services offered therein.
As a consequence thereof, the User shall be sole responsible for the verification and acceptance of the content and/or the terms and conditions of the Linked Sites every time that they access and uses them.
All copyright over designs, databases and software (including source codes), as well as all the elements contained on the Website (texts, graphics, photos, videos, audible recordings, colours combinations, and so on) [the “Content”], its structure, selection and organization, is owned by PUIG and/or, as the case may be, its licensors. Any website’s distinctive signs (trademarks and trade names) are owned by PUIG, CAROLINA HERRERA and/or its licensors.
Use of the Website by the user does not imply the granting of any intellectual right over the Website or the Content.
The names of other products, services and companies appearing on the Website may be distinctive signs registered by their respective owners, and therefore it may not be construed that access or use of the Website may grant the User any right over the distinctive signs registered. Similarly, all Content is protected by copyright, and intellectual property belongs to PUIG or, where applicable, to its licensors, and no exploitation rights related to them beyond what is strictly necessary for proper access or use of the website may be understood to have been granted to the User.
The User is only authorized to view and obtain a temporary private copy of the content for personal and private use in their computer systems (software and hardware) and not assigned to third parties. With the above exception, it is expressly forbidden to the User the reproduction, transformation, distribution, public communication, public disposal, extraction, reuse, forwarding and/or use of any nature by any means or procedure, of any of them, except where it is legally permitted or authorized expressly and in writing by PUIG and/or its licensor. By way of example but not limited to it, the User is not authorized to:
- Use the information contained on the Website for the purpose of developing commercial activities or professional nature (direct sales or any other commercial purpose as well as marketing in any way with this information).
- Delete, avoid or manipulate the copyright and other identifying data of PUIG’s rights, as well as any protection mechanisms.
- Disassemble, decompile or invert the databases in which Website’s information is stored.
Unauthorized use of the content of this Website and any damage caused to PUIG’s intellectual property rights may result in PUIG and/or CAROLINA HERRERA taking whatever action to which they may be entitled by law, and in any liabilities that may arise thereof.
Unauthorized use of the information contained on the Website, its resale, as well as any breach of the intellectual property rights of PUIG will imply the legal liability laid down. Specifically, unauthorized use of the Content and any damage caused to the intellectual property rights of PUIG and/or its licensors may entitle PUIG and/or its licensors to take any action set forth by law to protect and cause any liability arising therefrom.
Personal data protection
In order to use or have access to certain services and/or contents, PUIG may require Users to fill out some registration forms that will necessarily imply providing personal data.
In all contact forms of the Website it will be necessary to fill in all the fields marked as “mandatory”. Should User fail to complete or partially complete the personal data requested, PUIG may not be able to attend the request and, accordingly, PUIG will not be liable for not rendering or rendering incompletely the services requested.
In this connection and in accordance with the law on protection of personal data currently in force, PUIG hereby informs that all the personal data provided by the User or accessed by PUIG during Users’ browsing, through queries and/or requests carried out through the Website will be included on a file owned by PUIG for the purpose of complying and properly managing the commercial relationship with the User, as well as to duly inform them of PUIG’s own or external commercial offers that may be of interest, through any media, including electronic or telematic means.
Any personal data and information that the User may provide through the register o forms of the Website must be truthful. In any event, the User will be sole liable of f the data provided, and PUIG will be entitled to exclude from the services requested any user that has provided false data, notwithstanding any other action that may legally proceed.
Personal data and information the User may provide through registration or Website’s forms should be accurate and truthful. At any rate, the User shall be solely responsible for any false or inaccurate statements made and, where applicable, of the damages and prejudices that such false information may cause to PUIG and/or to any third party. PUIG is authorized to exclude from the requested services any User who has provided false information, without prejudice to initiate any other appropriate legal action.
Furthermore, the User should notify PUIG of any modification of their personal data to ensure that the information in PUIG’s files is always up-to-date and does not contain mistakes.
The User expressly and unequivocally consents to the transfer of their personal data to entities belonging to the PUIG Group (you can find updated information on entities that integrate and/or are associated to that Group and its various activities on the website www.puig.com), as well as to their respective licensees, within or outside the European Economic Area, as far as necessary to properly manage the relationship with the User. Based on the foregoing, the User is being informed of the provisions of Article 27 LOPD, concerning the notification of the first transfer of personal data to the aforementioned entities.
PUIG has implemented the necessary technical and organizational security safeguards to guarantee the security of User’s personal data and to prevent any alteration, loss, processing of, and/or unauthorized access to them, taking into account the state of the technology, the type of data stored and the risks to which it is exposed, whether they may arise from human actions or from the physical or natural environment, all of the above in conformity with the provisions of the law in force.
The User may at any time request the exercise of rights to access, rectify, terminate and oppose the processing of data by sending an email to the address: email@example.com or by written notification addressed to PUIG at their mail address: Plaça Europa 46-48, 08902 L’Hospitalet de Llobregat (Barcelona-Spain).
A cookie is a file downloaded to a device when accessing a website that allows, among other things, to store and retrieve information about browsing habits of a user or their device and, depending on the information contained therein and how the device is used, it can be used to recognize the user. Cookies can be classified into the following categories:
- Own cookies: They are sent to the user’s terminal from a computer or domain managed by a third party and from which the service requested by the user is provided.
- Third-party cookies: They are sent to the user’s terminal from a computer or domain that is not managed by the editor but by another entity that processes data obtained through cookies (e.g., cookies used by social media).
- Session cookies:They collect and store data while the user is accessing a website.
- Persistent cookie: The data are stored in the terminal and can be accessed and processed during a specific period defined by the entity responsible for the cookie.
- Technical cookies: They allow the user to browse through the website, platform or application and use the different options or services offered such as, for example, sharing content through social networks.
- Customization cookies: They allow the user to access the service with some predefined features of a general nature based on a set of criteria in the user terminal, for example, the language used.
- Analysis cookies: They allow the monitoring and analysis of the behaviour of users of linked websites.
- Advertising cookies: They allow the management of advertising space.
- Behavioural advertising cookies: They allow the management, in the most effective way possible, of advertising space of the website. They store information of user’s behaviour obtained through continued observation of their browsing habits, allowing the development of a specific profile on the basis of which adverts will be displayed.
- Types of cookies used on the Website
Users give their consent to the fact that the server of PUIG where the Website is hosted may be entitled to use the above-referred cookies.
- How to Disable and/or Delete Cookies
Withdrawal and Suspension of Service PUIG may withdraw or suspend at any time and without prior notice, the provision of services offered through the Website to any Users that may infringe provisions of the Legal Notice. Duration and Termination The existence of the Website, and the provision of the services offered in it, have, in principle, an indefinite duration. That notwithstanding, PUIG is entitled to terminate or suspend the provision of those services and to cancel access to the Website at any time, without prejudice to what it is provided thereon in the relevant Specific Conditions and/or CGP. When reasonably possible, PUIG shall notify Users about the termination or suspension of the Website and, where appropriate, of the services offered in it.
Applicable Legislation and Jurisdiction
Access to and use of the Website shall be governed and interpreted in accordance with Spanish law.
Any dispute arisen between PUIG and the Users shall be settled by the Courts and Tribunals of the city of Barcelona (Spain) and the parties expressly waive any other jurisdictions to which they may be entitled.
In the event of any conflict or discrepancy arising between PUIG and the Users, the competent Courts that shall consider those matters shall be those established by the applicable law on competent jurisdiction of consumers and users.
This Legal Notice has been updated to March 2017.
© ANTONIO PUIG, S.A., 2017. All rights reserved.