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. Host

The Website is hosted by Reseller Group Networks S.L., a company registered in Spain, whose head office is located at Passeig Nicolau 19, 43340 Montbrio del Camp.

Website: https://www.rgnet.es

Telephone number: +34902888354

3. Access to the Website

These terms and conditions of use (the “Terms and Conditions of Use”) govern the access and use of the Website. Accessing and using the Website, as well as purchasing any products available on www.carolinaherrera.com, imply the consumer read these Terms and Conditions of Use and accepts these without any reservations. To access and use this Website you must be 18 or older. If you are under 18, your parents' prior authorization shall be required.

We would request that the users read these Terms and Conditions of Use prior to any use of the Website, since they may be adapted and/or amended by Company at any time. If the user does not accept them, we would request that the user refrains from using the Website and its content.

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

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

4. Use of the Website

The use of all or any part of the Website, including the display of the web pages and any communication with the Company, the possibility to download product information and the purchase of said products through the Website, must be carried out as part of a personal use only. Any use, copy, transfer or representation of the Website for any other purposes than a personal use is prohibited.

At any time, the Company may modify or simply update all or any part of these Terms and Conditions of Use. Any modification or update of these Terms and Conditions of Use shall be notified on the homepage of the Website upon their adoption and shall apply as soon as they are made available in this section of the Website. The Company shall implement every effort to ensure all information provided on the Website is accurate and up to date. However, the Company cannot guarantee the absence of errors in its contents nor that the latter are systematically updated.

Furthermore, the Company may not be held liable:

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.

5. 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).

6. 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:

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.

7. 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.

8. Links

A) Links to the Website

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

Under no circumstances may the authorization granted by the Company be construed as any endorsement, promotion, guarantee, supervision and/or recommendation of the content and/or services of the Linking Site or as responsibility for its content.

The Linking Site must comply with the legislation in force and shall not, under any circumstances, host any content, of its own or belonging to third parties, that: (i) is illicit, harmful or contrary to morals and good manners (including but not limited to pornographic, violent, racist and/or slanderous); and/or (ii) is inappropriate or irrelevant in relation to the Carolina Herrera brands.

In the event of breach of any of the aforementioned terms, the Company shall, with immediate effect, revoke the authorization granted to the Linking Site, which must remove the link without delay.

B) Links to other Websites

The Website may contain hypertext links ("Linked Sites") towards other websites which are not related to the Website in any way whatsoever. The Company has no control over these types of websites and their content, nor does it implement any "monitoring" activities as regards them. The Company cannot be held liable for the content of these websites, nor for the rules adopted by the latter as regards your privacy and the management of your personal data while you navigate.

We therefore advise you to be extremely cautious whenever you connect to these websites through the links contained on www.carolinaherrera.com and carefully read their conditions of use and privacy rules.

We remind you, that these Terms and Conditions of Use and the Privacy Policy of the Company do not apply to any websites managed by publishers other than the Company.

The Website may sometimes provide links towards other websites only in order to help its own users/visitors in their search and navigation, as well as facilitate internet hypertext connections towards other websites. The activation of the links does not imply any access and navigation recommendations or advice from the Company as regards these websites, nor any guarantee as regards the content, services or goods provided by them and sold to internet users.

9. Disclaimer as Regards the Content

The Company has implemented every precaution in order to avoid the publication on the Website of any content describing or representing scenes or situations of physical or psychological violence, or likely to be considered as prejudicing personal beliefs, human rights and dignity, in whatever form or mode of expression, according to the sensitivity of users of www.carolinaherrera.com.

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

Therefore, should such content be considered as illicit or illegal in certain countries, we urge you to refrain from accessing our Website, and should you choose to access it anyway, we inform you that the use you decide to make of the services offered by the Website shall then be under your sole and personal responsibility.

The Company cannot guarantee its users that the Website shall operate continuously, without interruption, errors or dysfunctions due to the Internet connection.

The content of this Website may include inaccuracies or typographic errors. The Company may not be held liable for any inaccuracy or error. Although the Company implements every effort to display the correct texts, images and prices in its e-shop, mistakes may occur. The Company cannot be held liable for any damage caused by the use of the Website. The Website and the information and articles included therein may be modified at any time, without any further notice or prior warning being necessary.

10. Governing Law – Jurisdiction

These Terms and Conditions of Use are submitted to Spanish law, without prejudice to the application of mandatory rules of the user’s country of residence. Barcelona courts shall be competent as regards any claim arising from a visit to the Website or linked to it, 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.

Likewise, if you are a consumer, you will be able to take advantage of the European Union's online litigation platform, accessible through the website https://ec.europa.eu/consumers/odr

Last update: May 2020

© ANTONIO PUIG, S.A. 2020. All rights reserved.

Carolina Herrera

Text Program Terms and Conditions

A. General Terms

By signing up for the Carolina Herrera Text Program (“Program”), you agree to these terms and conditions (“Terms”) and our general Terms and Conditions of Use and mandatory arbitration of disputes and a class action waiver, acknowledge our practices described herein and in our Privacy Policy, and authorize ANTONIO PUIG, S.A. (“APSA” or the “Company”) to deliver, to the designated mobile phone number (registered or used to opt-in via short code), promotional and other text messages, including via an autodialer (i.e., automated dialing technology). The Program is a Service as defined in the Terms of Use. You are not required to accept the Terms as a condition of purchasing any property, goods or services and no purchase is necessary to subscribe to the Program. If you do agree, you consent to receiving up to ten (10) promotional Program texts per month, plus additional non-promotional texts, from Carolina Herrera. You understand and accept that short-form descriptions of Program message caps (up to 10 msg/mo refer to only caps on promotional messages and not to non-promotional messages (e.g., responding to your HELP requests). Your subscription to the Program remains active until you unsubscribe. Further, you consent to receive electronic records by subscribing to the Program, and in order to withdraw your consent you should follow the unsubscribe process outlined below, at any time. If you unsubscribe you will be removed from the Program. Your consent to receive electronic records only applies to this Program. In order to update your contact information, follow the instructions below. You may obtain paper copies of electronic records by contacting us at [email protected]. Phones must be able to receive text messages in order to receive electronic records.

You can unsubscribe from the Program by texting any of the following replies: “STOP”, “END”, “CANCEL”, “UNSUBSCRIBE”, or “QUIT” to a Program text you receive. You hereby consent to receive a text message confirming that you have unsubscribed, as well as other non-promotional text messages (such as when you text the short code to join, or send us a HELP text or any unrecognized message and when we send you administrative messages such as if we change the short code). You understand that unsubscribing to the Program will not terminate your consent to receive other kinds of text alerts, such as if you have requested Carolina Herrera store text alerts. You must unsubscribe from each text program separately. Unsubscribing to the Program texts also will not unsubscribe you from emails from us. However, you can follow the unsubscribe link on our promotional emails to learn how to opt-out of Carolina Herrera promotional emails (you may still, however, receive non-promotional emails from us).

You agree to promptly notify us if your phone number changes or you do not continue to own and control the device assigned by your carrier to the number you provided us by contacting us at [email protected].

The Program may not be available in all areas. You understand that message and data rates may apply and your carrier may charge you or deduct usage credit from your account when you text us or we text you and you consent to that. The Program may not be supported by all carriers and all devices. We are able to deliver messages to the following mobile phone carriers: Major carriers: AT&T, Verizon Wireless, Sprint, T-Mobile, MetroPCS, U.S. Cellular, Alltel, Boost Mobile, Nextel, and Virgin Mobile. Minor carriers: Alaska Communications Systems (ACS), Appalachian Wireless (EKN), Bluegrass Cellular, Cellular One of East Central IL (ECIT), Cellular One of Northeast Pennsylvania, Cincinnati Bell Wireless, Cricket, Coral Wireless (Mobi PCS), COX, Cross, Element Mobile (Flat Wireless), Epic Touch (Elkhart Telephone), GCI, Golden State, Hawkeye (Chat Mobility), Hawkeye (NW Missouri), Illinois Valley Cellular, Inland Cellular, iWireless (Iowa Wireless), Keystone Wireless (Immix Wireless/PC Man), Mosaic (Consolidated or CTC Telecom), Nex-Tech Wireless, NTelos, Panhandle Communications, Pioneer, Plateau (Texas RSA 3 Ltd), Revol, RINA, Simmetry (TMP Corporation), Thumb Cellular, Union Wireless, United Wireless, Viaero Wireless, and West Central (WCC or 5 Star Wireless).

Carriers are not liable for delayed or undelivered messages. You represent and warrant that you are the age of majority where you reside (18 in most states) and are a U.S. resident using your U.S. mobile number to subscribe.

B. Arbitration, Waiver of Class Action Claims

READ THIS SECTION CAREFULLY - IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE SUIT IN COURT.

1. Generally.

You and we (referred to individually in this Arbitration Agreement as “party” and collectively as “parties”) each agree that any and all controversies, disputes, allegations, or claims at law or equity that have arisen or may arise between you and us relating in any way to or arising out of this or previous versions of these Terms, the creation, production, manufacture, distribution, promotion, marketing, advertising (including oral and written statements), use of or sale of any and all of our products, through all merchandising channels, including but not limited to, the internet, this website, our App, social media, telephone, catalog, radio, television, mobile device and participating retail stores (“Dispute”), SHALL BE RESOLVED EXCLUSIVELY THROUGH FINAL AND BINDING ARBITRATION, rather than through other legal proceedings in court. Arbitration is more informal than a lawsuit filed in court. It uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to limited review by courts. You and Carolina Herrera agree that we intend for this Arbitration Agreement to satisfy the writing requirement of the Federal Arbitration Act, 9 U.S.C. §1, et seq.

2. Informal Dispute Resolution First.

(i) You and we agree that, prior to initiating an arbitration or other legal proceeding, you and we will attempt to negotiate an informal resolution of the Dispute. To begin this process, and before initiating any arbitration or legal proceeding against us, you must send a Notice of Dispute (“Notice”) by certified mail to the attention of our Legal Department at Plaza Europa, 46-48, 080902 L'Hospitalet de Llobregat, Barcelona (Spain).

(ii) Your Notice to us must contain all of the following information: (1) your full name, address, and the email address and phone number associated with your use of the Site or any Site account or that you have otherwise used to transact with us; (2) a detailed description of the nature and basis of the Dispute; (3) a description of the relief you want, including any money damages you request; and (4) your signature verifying the accuracy of the Notice and, if you are represented by counsel, authorizing us to disclose information about you to your attorney.

(iii) After receipt of your Notice, you and we shall engage in a good-faith effort to resolve the dispute for a period of 60 days, which both sides may extend by written agreement (“Informal Dispute Resolution Period”). During the Informal Dispute Resolution Period, neither you nor we may initiate an arbitration or other legal proceeding.

(iv) If the Dispute is not resolved during the Informal Dispute Resolution Period, you may initiate an individual arbitration as provided below.

3. Arbitration Procedures.

(i) The assigned independent arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute arising out of or relating to the interpretation, applicability, enforceability or formation of these Terms, any part thereof, including, but not limited to, any claim that all or any part of these Terms are void or voidable.

(ii) Conducting Arbitration and Arbitration Rules. Unless you give us notice of opt-out within five (5) business days of your purchase which is the subject of your Dispute, addressed to: Plaza Europa, 46-48, 08902 L’Hospitalet de Llobregat, Barcelona (Spain), ATTN: Legal Department, all actions or proceedings arising in connection with, touching upon or relating to any Dispute, or the scope of the provisions of this Arbitration Agreement, shall be submitted to JAMS (www.jamsadr.com) for final and binding arbitration under its Comprehensive Arbitration Rules and Procedures if the matter in dispute is over $250,000 or under its Streamlined Arbitration Rules and Procedures if the matter in dispute is $250,000 or less, to be held in New York County, New York, before a single arbitrator in accordance with Article 75 of New York’s Civil Practice Law and Rules. If the matter in dispute is between Carolina Herrera and a consumer, the matter shall be submitted to JAMS in accordance with its Policy on Consumer Arbitration Pursuant to Pre-Dispute Clauses Minimum Standards of Procedural Fairness. The arbitrator shall be selected by mutual agreement of the parties or, if the parties cannot agree, then by striking from a list of arbitrators supplied by JAMS. We may have the right to pay the JAMS fees if required for arbitration to be enforceable. If you are a consumer you have the right to an in-person hearing. The arbitration shall be a confidential proceeding, closed to the general public; provided, however, that a party may disclose information relating to the arbitration proceedings to its and its affiliates’ lawyers, insurance providers, auditors and other professional advisers. The fact that there is a dispute between the parties that is the subject of arbitration shall be confidential to the same extent. The parties may engage in the discovery or exchange of non-privileged information relevant to the dispute. The arbitrator shall issue a written opinion stating the essential findings and conclusions upon which the arbitrator’s award is based. Neither party shall be entitled or permitted to commence or maintain any action in a court of law with respect to any matter in dispute until such matter shall have been submitted to arbitration as herein provided and then only for the enforcement of the arbitrator’s award; provided, however, that prior to the appointment of the arbitrator or for remedies beyond the jurisdiction of an arbitrator, at any time, either party may seek pendente lite relief (subject to the provisions of these Terms waiving or limiting that relief) in a court of competent jurisdiction in New York County, New York or, if sought by Carolina Herrera, such other court that may have jurisdiction over you, without thereby waiving its right to arbitration of the dispute or controversy under this Section; provided further, however, that the losing party shall have fifteen (15) business days after the issuance of the arbitrator’s decision to fully comply with such decision, after which the prevailing party may enforce such decision by a petition to the New York Supreme Court or, in the case of you, such other court having jurisdiction over you, which may be made ex parte, for confirmation and enforcement of the award.

(iii) An arbitration demand filed with JAMS must include a certification signed by the filing party verifying compliance with the Initial Dispute Resolution requirements and other requirements set out in this Arbitration Agreement.

(iv) If JAMS fails or declines to conduct the arbitration for any reason, you and we will mutually select a different arbitration administrator. If we cannot agree, a court will appoint the arbitration administrator.

4. Additional Procedures for Multiple Case Filings.

(i) Multiple Case Filings. You and we agree that these “Additional Procedures for Multiple Case Filings” in this Section shall also apply if you or we are subject to twenty-five (25) or more individual arbitration demands of a substantially similar nature with the assistance of the same law firm, group of law firms, or organizations (“Multiple Case Filing”). For the avoidance of doubt, this includes where you choose to participate in a Multiple Case Filing against us; for example, where your counsel asserts your Dispute against us in a Multiple Case Filing. Please be aware that if you do so, the resolution of your Dispute might be delayed and ultimately proceed in court. You and we agree that as part of these procedures, the parties’ counsel shall meet and confer in good faith in an effort to resolve the Disputes, streamline procedures, address the exchange of information, modify the number of Disputes to be adjudicated, and conserve the parties’ and the arbitrator’s resources. The limitations period(s) applicable to each arbitration demand within a Multiple Case Filing, including any applicable statutes of limitations and the requirement to file within one (1) year, shall remain tolled from the time a party makes a pre-arbitration demand to the time when that party files the arbitration demand with the arbitration provider.

(ii) STAGE ONE: If at least twenty-five (25) disputes are submitted as part of the Multiple Case Filing, you and we shall select sixteen (16) Disputes (eight (8) per side) to proceed as cases in individual arbitrations (“Bellwether Arbitrations”) as part of this initial staged process. The number of Disputes to be selected to proceed in Stage One can be increased by agreement of counsel for the parties (and if there are fewer than 50 disputes, all shall proceed individually in Stage One). While the Bellwether Arbitrations are adjudicated, no other demand for arbitration that is part of the Multiple Case Filing may be processed, administrated, or adjudicated, and no filing or other administrative costs for such a demand for arbitration shall be due from either party to the arbitration provider. If, contrary to this provision, a party prematurely files non-Bellwether Arbitrations with the arbitration provider, the parties agree that the arbitration provider shall hold those demands in abeyance. Following resolution of the Bellwether Arbitrations, the parties shall participate in a global mediation of all the remaining demands from the Multiple Case Filings, with a mediator jointly selected by counsel of the parties in an effort to resolve the remaining Disputes that are a part of the Multiple Case Filing.

(iii) STAGE TWO: If the remaining Disputes from the Multiple Case Filings have not been resolved at the conclusion of Stage One, you and we shall select fifty (50) Disputes (twenty-five (25) per side) to proceed as cases in individual arbitrations as Bellwether Arbitrations as part of Stage Two. The number of Disputes to be selected to proceed as part of Stage Two can be increased by agreement of counsel for the parties (and if there are fewer than 50 Disputes, all shall proceed individually in Stage Two). The remaining Disputes shall not be filed or deemed filed in arbitration nor shall any arbitration fees be assessed or collected in connection with those claims. After this second set of staged proceedings, the parties shall engage in a global mediation session of all remaining Disputes from the Multiple Case Filing with a retired mediator jointly selected by counsel in an effort to resolve the remaining Disputes (as informed by the adjudications of cases in Stages One and Two). Upon the completion of the mediation set forth in Stage Two, each remaining Dispute (if any) that is not settled or not withdrawn shall be opted out of arbitration and may proceed in a court of competent jurisdiction consistent with the remainder of these Terms. Notwithstanding the foregoing, counsel for the parties may mutually agree in writing to proceed with the adjudication of some or all of the remaining disputes in individual arbitrations consistent with the process set forth in Stage Two (except Disputes shall be randomly selected and mediation shall be elective by agreement of counsel) or through another mutually agreeable process. A court of competent jurisdiction shall have the authority to enforce the Additional Procedures for Multiple Case Filings, including the power to enjoin the filing or prosecution of arbitrations and the assessment or collection of arbitration fees. The Additional Procedures for Multiple Case Filings provision and each of its requirements are essential parts of this Arbitration Agreement. If, after exhaustion of all appeals, either an arbitrator or a court of competent jurisdiction decides that the Additional Procedures for Multiple Case Filings apply to your dispute and are not enforceable, then, notwithstanding Section 13.5, your dispute shall not proceed in arbitration and shall only proceed in a court of competent jurisdiction consistent with the remainder of the Terms.

(iv) Timing of Bellwether Arbitrations. The parties shall work in good faith with the arbitrator to complete each Bellwether Arbitration (in each respective stage, i.e., Stage One, Stage Two, and, if agreed, subsequent stages) within one hundred and twenty (120) calendar days of its initial pre-hearing conference. The parties agree that the Bellwether Arbitration process is designed to achieve an overall faster, more efficient, and less costly mechanism for resolving Multiple Case Filings, including the claims of individuals who are not selected for a Bellwether Arbitration.

5. Costs of Arbitration.

Payment of all filing, administration and arbitrator fees will be governed by the JAMS Rules. For claims under $10,000, we will reimburse you for all arbitration fees, including the initial filing fee, if you are deemed the prevailing party by the arbitrator. For the global mediations to resolve Multiple Case Filings (if any) that take place according to this Section, we will pay the mediator’s fee.

6. Exceptions to Arbitration.

This Arbitration Agreement shall not require arbitration of the following types of claims brought by either you or we: (i) small claims court actions, if the requirements of the court are met and the claims are only on an individual basis; and (ii) claims pertaining to intellectual property rights, including trademarks, trade dress, domain names, trade secrets, copyrights and patents.

7. Class Action Waiver.

As permitted by applicable law, both you and Carolina Herrera waive the right to bring any Dispute as a class, consolidated, representative, collective, or private attorney general action, or to participate in a class, consolidated, representative, collective, or private attorney general action regarding any Dispute brought by anyone else. Notwithstanding any provision in the JAMS Comprehensive Arbitration Rules and Procedures to the contrary, the arbitrator shall not have the authority or any jurisdiction to hear the arbitration as a class, consolidated, representative, or private attorney general action or to consolidate, join, or otherwise combine the Disputes of different persons into one proceeding. Notwithstanding the arbitration provision set forth above, if the provision regarding waiver of class, collective, representative, and private attorney general claims of this Arbitration Agreement is found to be void or otherwise unenforceable, any such class, collective, representative, or private attorney general claims must be heard and determined through an appropriate court proceeding, and not in arbitration.

8. Jury Waiver.

As permitted by applicable law, the parties hereby waive their right to jury trial with respect to all claims and issues arising under, in connection with, touching upon or relating to these terms, the breach thereof and/or the scope of the provisions of this section, whether sounding in contract or tort, and including any claim for fraudulent inducement thereof.