1. Company information

Welcome to our website www.carolinaherrera.com (the "Website").

The Website is managed by the Spanish company ANTONIO PUIG, S.A. (“APSA” or the “Company”), 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.

Contact email address:

• [email protected] (fragrances “CAROLINA HERRERA” and “CAROLINA HERRERA NY”).

• [email protected] (“Fashion CAROLINA HERRERA”).

2. Access to the Website

These terms and conditions of use (the “Terms and Conditions of Use”) govern access to and use of the Website. Access to and use of the Website, as well as the purchase of any product available at www.carolinaherrera.com, imply that the consumer reads and accepts these Terms and Conditions of Use without reservation. To access and use this Website, you must be at least 18 years old. If you are under 18 years old, prior authorization from your parents is required.

We request that users read these Terms and Conditions of Use before any use of the Website, as they may be adapted or modified by the Company at any time. If the user does not accept them, we ask that the user refrain from using the Website and its content.

If you need help or additional information, you can contact our customer service by writing to [email protected].

These Terms and Conditions of Use are an integral part of our Privacy Policy and our Cookie Policy.

3. Use of the Website

The use of all or part of the Website, including the presentation of web pages and any communication with the Company, the ability to download product information, and the purchase of such products through the Website must be conducted solely as part of personal use. Any use, copying, transfer, or representation of the Website for any purpose other than personal use is prohibited.

At any time, the Company may modify or simply update all or part of these Terms and Conditions of Use. Any modification or update of these Terms and Conditions of Use will be notified on the homepage of the Website after its adoption and will apply as soon as they are available in this section of the Website. The Company will make every effort to ensure that all information provided on the Website is accurate and up-to-date. However, the Company cannot guarantee the absence of errors in its content or that it will be updated systematically.

Furthermore, the Company cannot be held responsible for:

• For any interruption of the Website (in particular as regards maintenance, security or technical constraints);

• For any occurrence of bugs;

• For any inaccuracy or omission bearing on information available on the Website;

• For any damage resulting from the fraudulent intrusion of a third-party leading to any changes in the information made available on the Website;

• And more generally, for any direct or indirect damage, whatever the causes, nature or consequences, including any costs resulting from the purchase of goods available on the Website, loss of profit, customers, data, or any other loss of intangible assets that may occur due to any person's access to the Website, or the impossibility to access it, or resulting from the credit given to any information originating directly or indirectly from it.

Users are entirely liable for accessing the Website as well as for any use that may be made with the information contained on the Website. Company disclaims any liability for all and any damage and/or harm that may result directly or indirectly from the access and/or use on the information contained on the Website.

In addition, users shall be held liable for all and any damage or harm that Company may suffer due to their failure to fulfill any obligations to which they are bound under these Terms and Conditions of Use and/or the legislation applicable to the use of the Website.

4. Privacy Policy and Management of Personal Data

We urge you to carefully read our Privacy Policy, which also applies to users accessing our Website and using its services without purchasing any products. Our Privacy Policy helps you understand how we collect and use your personal data and for which purposes (see our Privacy Policy).

5. Intellectual Property Rights

All intellectual property rights over designs, databases, subjacent computer programs (including source code), and the various elements that comprise the Website (including but not limited to text, graphics, photographs, videos, sound recordings and/or color combinations) (“Content”), as well as their structure, selection and order, belong to the Company and/or, where applicable, its licensors. As regards the distinctive symbols included on the Website (trademarks and trade names), the same also belong to the Company and/or its licensors.

The use of the Website by the user shall not imply the transfer of any intellectual property rights over the Website and/or the Content.

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, pursuant to these Terms and Conditions, 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 Content and/or trademarks of the Company, except where it is legally permitted or authorized expressly and in writing by the Company and/or its licensors.

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 the Company rights, as well as any protection mechanisms.

• Disassemble, decompile or invert the databases in which Website’s information is stored.

• Modify the software or use modified software versions, and in particular – without this list being limiting – in view of obtaining unauthorized access to the service and accessing the Website through any other means than the interface made available to you by the Company for that purpose.

• Copy, modify or create any derivative work, reverse engineer or disassemble, or otherwise attempt to locate the source code (excluding the cases provided for by law), sell, assign, sub-license or transfer in any way whatsoever any rights pertaining to the software.

Unauthorized use of the content of this Website and any damage caused to the Company’s intellectual property rights may result in the Company taking whatever action to which they may be entitled by law, and in any liabilities that may arise thereof.

6. Assignment of Image Rights

In case the user participates in any online contests organized by the Company on the Internet (Website, micro-site, Facebook, Instagram, etc.), in which the user (as participant) is required to upload Images (photos, videos, drawings, etc.), the following shall apply to the use. By participating to the online contests and uploading Images, the user represent that he is aware and agree with the following.

The user undertakes not to upload Images that are not original and/or are not recorded by them or that infringe law or rights of third parties (specially, copyrights, trademarks, and/or privacy, honor and image rights). For these purposes, each participant/user declares that he/she owns all the rights regarding the Images and, as the case may be, has obtained the relevant express consent of the people appearing in the Image for its free of charge spreading in any media and/or territory and for indefinite term.

The Company shall not be held liable, in any event, of the infringement of the above-referred obligations nor any damages and/or prejudices arisen from said infringement. Each participant/user recognizes that the Company has fully rights to assign the use of the Images in any form whatsoever, as well as for any commercial purpose related (including but not limited to, advertising, marketing, promotions, merchandising and/or exploitation of the relevant contest, wholly or in part).

Participants/users expressly authorize the Company and its licensors to reproduce, communicate or distribute, adapt and transform the Images, for free, on the Company’s websites and official social networks including without limitation Carolina Herrera official Instagram and Facebook and any other social networks accounts of the Company’s affiliates and/or subsidiaries; websites of authorized retailers and/or any social networks of any influencer authorized by the Company, in any media an territory, all over the world, for the maximum period of time permitted by law.

The user/participant is aware that the putting the Images on the social networks implies the application of the general usage conditions of said social networks, in particular, the right of sub-licensees attributed to the social networks and to the users of the social networks. The Company will in no event be liable for the reproduction, processing, exploitation and conservation of the Images or of a part of the Images by social networks or by social networks’ users according to the general usage conditions of the social networks. The Company cannot be held responsible for the reproduction, processing, exploitation and conservation by social networks’ users in the general usage conditions of the social networks of the images throughout the corresponding contest term and after its expiry. For the sake of clarity, the participants/user hereto acknowledge and agree that the Company shall not in any event be responsible for deleting/removing the Images uploaded during the term of the corresponding contest on the social networks.

Likewise, without prejudice to the terms and conditions of the corresponding social network (e.g. Instagram, Facebook, etc.), each user/participant authorizes the other participants and/or any third party related to the corresponding contest to access and view for free the Images.

In any event, the Company is entitled to remove any image, without obligation to give prior notice to the participant/user, when it considers that the image infringes any law, rights of third parties and/or it is not adapted to the contest’s nature and/or the image and reputation of the Company, its licensors and/or its products. The Company shall be entitled to deny and refuse any image unilaterally considered that is racist, sexist, violent or inappropriate in general.

The Company and its licensors shall not be held liable for the improper and/or fraudulent use of the Image or modifications and/or alterations of the Image made by any third parties.

7. Links

a) Links to the Website

Third parties intending to include a link on a website (a “Linking Site”) that redirects to the Website must obtain prior written consent from the Company.

Under no circumstances may the authorization granted by the Company be interpreted as an endorsement, promotion, guarantee, oversight, or recommendation of the content or services of the Linking Site or as responsible for its content.

The Linking Site must comply with current legislation and must not, under any circumstances, host any content, whether owned by itself or belonging to third parties, that: (i) is illegal, harmful, or contrary to morals and good manners (which includes, among others, pornographic, violent, racist, or defamatory material), or (ii) is inappropriate or irrelevant.

In the event of non-compliance with any of the terms mentioned above, the Company shall, with immediate effect, revoke the authorization granted to the Linking Site, which must remove the link to the Website without delay.

b) Links to Other Websites

The Website may contain hyperlinks (“Linked Sites”) to other websites that are not related to the Website in any way. The Company has no control over these types of websites and their content, nor does it engage in any “oversight” activities regarding them. The Company cannot be held responsible for the content of these websites, nor for the policies adopted by them regarding privacy and the management of personal data while browsing.

Therefore, we advise you to exercise extreme caution when connecting to these websites through the links contained on www.carolinaherrera.com and to carefully read their terms of use and privacy policies.

We remind you that these Terms and Conditions of Use and the Company’s Privacy Policy do not apply to any websites operated by entities other than the Company.

Occasionally, the Website may provide links to other websites to assist its own users/visitors in their search and navigation, as well as to facilitate internet hypertext connections to other websites. Activating these links does not imply any recommendation or guidance from the Company regarding access and navigation to these websites, nor any guarantee regarding the content, services, or goods provided by them and sold to internet users.

8. Disclaimer of Responsibility Regarding Content

The Company has implemented all precautions to avoid the publication on the Website of any content that describes or represents scenes or situations of physical or psychological violence, or that may be considered harmful to personal beliefs, human rights, and dignity, in any form or mode of expression, according to the sensitivity of the users of www.carolinaherrera.com.

In any case, the Company does not guarantee that the content of its Website is appropriate or lawful in any country other than Mexico.

Therefore, if such content is considered illegal or unlawful in certain countries, we urge you to refrain from accessing our Website, and should you decide to access it nonetheless, we inform you that your use of the services offered by the Website will be at your sole and personal responsibility.

The Company cannot guarantee its users that the Website will operate continuously, without interruptions, errors, or dysfunctions due to internet connection issues.

The content of this Website may include inaccuracies or typographical errors. The Company shall not be held responsible for any inaccuracies or errors. Although the Company makes every effort to display correct texts, images, and prices in its online store, errors may occur. The Company cannot be held responsible for any damage caused by the use of the Website. The Website and the information and items included in it may be modified at any time without further notice or prior warning.

9. Applicable Legislation; Jurisdiction

These Terms and Conditions of Use are governed by Spanish law, without prejudice to the application of mandatory regulations of the user's country of residence.

The courts of Barcelona shall have jurisdiction over any claims arising from a visit to the Website or related to it, without prejudice to any rights you may have as a consumer purchasing products on our Website, under applicable law, particularly Regulation (EU) No. 1215/2012 concerning judicial jurisdiction, recognition, and enforcement of judgments in civil and commercial matters, of December 12, 2012.

Additionally, if you are a consumer, you may avail yourself of complaint and grievance processes presented to the Federal Consumer Protection Agency through the nearest Office of Consumer Defense (ODECO) to your residence.

Last updated: October 29, 2024

© ANTONIO PUIG, S.A., 2024. All rights reserved.