Article 1 – Company information

The seller company depends on the category of the products purchased, in particular:

Fashion products: CAROLINA HERRERA LTD (the “Fashion CAROLINA HERRERA”), a Delaware company with an address at 501 Seventh Avenue, 17th floor, New York, New York 10018.

Beauty products (Fragrances and Makeup): PUIG NORTH AMERICA, INC (the “Beauty CAROLINA HERRERA”) a New York company with an address at 183 Madison Avenue, 19th floor, New York City, New York 10016.

For further information, please contact the aforementioned companies (hereinafter, jointly referred as to “CAROLINA HERRERA”) at [email protected]

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

These are the general terms and conditions (hereafter the “Terms and Conditions of Sale”) which apply to use of the Carolina Hererra website, and to any sales by CAROLINA HERRERA and purchases by end consumers in the United States of America (the “US”), (for domestic and private, personal use only) of products carrying the CAROLINA HERRERA's trademarks (hereafter the “Products”) offered for sale on the website www.carolinaherrera.com (hereinafter the "Website").

Please note that CAROLINA HERRERA carries out delivery and return of its Products throughout the continental United States, Hawaii and Alaska, but excluding military addresses, General Delivery and P.O. Boxes.

All sales of Products carried out through the intermediary of the Website are subject to these Terms and Conditions of Sale, which the customer expressly accepts when placing any order(s).

These Terms and Conditions of Sale may be modified or updated by CAROLINA HERRERA at any time; provided that the Terms and Conditions of Sale applicable to an order placed by a customer are those in force on the day on which the order is placed.

Article 3 – Information concerning the Products

While taking care to ensure the maximum degree of accuracy regarding the information displayed with the products offered for sale on the Website, CAROLINA HERRERA accepts no liability for any errors that may occur.

Furthermore, although every effort is made to ensure that photographs and other reproductions of the Products displayed on the Website are as accurate as possible, CAROLINA HERRERA accepts no liability for any errors or omissions.

Products are offered subject to availability. If an ordered product is not available, CAROLINA HERRERA will inform the customer of this by any appropriate means (telephone or e-mail) as soon as possible.

 Article 4 – Ordering Products on the Website

4.1 General

The Products offered on this Website are intended for end-consumers ordering directly from the Website in the United States.

In order to place an order on the Website, the customer must have reached the age of majority, enjoy legal capacity and hold a debit or credit card or any other payment instrument accepted on the Website (as indicated at the time of validating the order).

The customer undertakes to ensure that all the information communicated to CAROLINA HERRERA 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, CAROLINA HERRERA reserves the right to cancel the order and the corresponding payment.

CAROLINA HERRERA will not be responsible for any consequences resulting from inaccurate information provided by the customer.

It is expressly agreed between CAROLINA HERRERA and the customer that CAROLINA HERRERA may retain any customer e-mails or other information provided by Customer.

The Products are offered for sale on the Website to end consumers for their personal use only. The resale or other commercial purposes of the Products is prohibited.

CAROLINA HERRERA will also be entitled to refuse any order: (i) placed by a customer with whom there is an outstanding dispute relating to the payment of any previous order; or (ii) that is not compliant with these Terms and Conditions of Sale.

4.2 Steps to place an order

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 customer may freely modify online his/her “BAG” containing the Products selected.

Once the customer has made his/her selection and wishes to validate the contents of his/her “BAG” he/she must click the “SECURE CHECKOUT” button and then, identify himself/herself as follows:

The customer must fulfill and validate all the information requested when placing the order.

Once all the information has been duly fulfilled and validated, the price of the Products, and, as the case may be, the extra shipping costs, will be automatically displayed on the Website and the customer must click on the “CONFIRM AND PAY” button.

CAROLINA HERRERA will acknowledge having received the order by means of an e-mail sent to the e-mail address communicated by the customer.

At the time of dispatching the Products to the delivery address chosen by the customer, CAROLINA HERRERA 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 USD. Once customer has entered their delivery address, the final price, including any applicable sales tax, will be displayed.

The amount of the delivery or extra transport costs, if any, will be automatically displayed on the Website at the time of the validation of the order.

The prices of the Products are those in effect on the date of placing the order.

Article 6 – Payment

The customer's purchases must be paid credit or debit card. The following payment cards are accepted by CAROLINA HERRERA: Visa, Mastercard, American Express.

By completing a transaction on the Website, customer is providing consent for their card to be charged. The customer's payment card will then be debited after verification of its identification and banking information. If, for any reason whatsoever, the payment is declined, the order will not be registered by CAROLINA HERRERA and/or will be cancelled.

CAROLINA HERRERA reserves the ownership of the Products until the full price of the Products has been paid to CAROLINA HERRERA, i.e. once the payment by customer has been successfully made.

In case of multiple Products (Fashion and Beauty) purchased in one order, the customer’s payment will be directly processed by Fashion CAROLINA HERRERA.

Article 7 –Delivery

Products will be delivered to the delivery address indicated by the customer at the time of order using the delivery method specified. CAROLINA HERRERA bears no responsibility for any missing/erroneous delivery information provided by Customer.

The Products ordered will be dispatched by CAROLINA HERRER by a postal carrier or parcel delivery service of its selection for delivery on the date or within the timeframe indicated on the Website and in the confirmation e-mail. CAROLINA HERRERA accepts no liability for shipping delays, whether or not in CAROLINA HERRERA’S control. In the event delivery within the estimated time frame is not possible, CAROLINA HERRERA will inform customer of such delay and will propose another delivery date or provide alternative options.

Title to the Products shall be transferred to the customer upon delivery.  

Article 8 – Returns

The customer may elect to return any items ordered on the Website within the following periods:

For Fashion Products: 14 calendar days from the receipt of the Products by customer, or in case of multiple Products purchased in one order, 14 calendar days from the receipt of the last of the Products, by returning to CAROLINA HERRERA the return form sent to him/her by CAROLINA HERRERA in the email confirming his/her order and also accessible here.

For Beauty Products: 30 calendar days from the receipt of the Products, or in case of multiple Products purchased in one order 30 calendar days from the receipt of the last of the Products, by returning to CAROLINA HERRERA the return form sent to him/her by CAROLINA HERRERA in the email confirming his/her order and also accessible here.

Procedure for returning Products:

Products cannot be returned in-store. Products can only be returned using one of the following methods:

• by following the steps of the return procedure required by CAROLINA HERRERA, as described on the Website link and/or in the return information notice that came with the order.

• by customer by mail or courier, at his/her own expense. Customer is advised to keep any proof of having returned Products, which presupposes that the Products will be returned by the customer by recorded delivery or any other means that allows proof of a specific date of return.

The return of the Products must be made by the customer:

• within fourteen (14) calendar days customer notifying CAROLINA HERRERA of customer’s decision to return the Products;

• in their original packaging, in perfect condition, unused, and accompanied by all the accessories and documents provided with them at the time of delivery (notice, warranty, certificate of authenticity, etc.) and the delivery slip enclosed with the Products delivered.

Reimbursement of the price invoiced, less any applicable delivery charges and restocking fees, for Products returned will be made by crediting the credit or debit card used to make the purchase within (30) days as from the receipt by CAROLINA HERRERA of the returned Product.

CAROLINA HERRERA will not accept any personalized, revised or altered Products, or any Products that are in a damaged, used, incomplete or soiled condition for exchange or return.

Where permitted under applicable law, all items marked as "final sale" on the Website are ineligible for return, refund or exchange.

 Article 9 – Non-conforming orders

If customer believes that the Products delivered are either defective, or are not the correct Products ordered, customer must take the following steps:

• inform CAROLINA HERRERA as soon as possible, but in no event later than 30 days, by sending an email to [email protected]  with a brief explanation as to the reason for return.

• follow the steps of the return procedure required by CAROLINA HERRERA, 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 CAROLINA HERRERA.

• the returned Product(s) must be 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).

• Provided CAROLINA HERRERA verifies that the Products are either defective or were not those the customer ordered, CAROLINA HERRERA will reimburse customer for all shipping costs by crediting the debit or credit card used for the order.

Under no circumstances shall the restitution, exchange or reimbursement be requested and/or performed in a physical store.

 Article 10 – Intellectual property rights

CAROLINA HERRERA'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 CAROLINA HERRERA. Any contents published on the Website are protected by copyrights.

Nothing herein shall be construed as granting customer any right, title or interest in the trademarks, copyrights, products, distinctive signs of CAROLINA HERRERA, and any intellectual property rights attached to thereto.

The customer undertakes not to download, disseminate, reproduce or modify the Website, either in whole or in part, in any form whatsoever.

The customer undertakes, more generally, to read and comply with the Terms and Conditions of Use of the Website, accessible by clicking on following link Terms and Conditions of Use.

Article 11 – Personal Data

CAROLINA HERRERA collects the following personal data: customer's name, e-mail address, telephone number, the address of the customer's usual place of residence, the delivery address, and payment card information.

The personal data collected is limited to such data strictly necessary to register the customer on the Website and/or process customer order(s). Customer's personal data may be communicated to third parties contracted with CAROLINA HERRERA to provide services necessary to register customer on the Website and process any order(s).

Personal data collected by CAROLINA HERRERA is governed by CAROLINA HERRERA's Privacy Policy.

Article 12 – Limitation of Liability

CAROLINA HERRERA will not be liable for damage resulting from customer’s purchase of the Products unless such damage is directly attributable to CAROLINA HERRERA’S negligence or willful misconduct.

The Products are sold to end-consumers for personal use only. CAROLINA HERRERA expressly prohibits purchase for business or re-sale purposes. CAROLINA HERRERA will not be responsible for any loss of profits or business in relation with any resale activity carried out by customer.

CAROLINA HERRERA will not be 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 CAROLINA HERRERA’s control will not give rise to any claim for reimbursement or indemnification by CAROLINA HERRERA.

TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL OUR CAROLINA HERRERA BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION ANY LOST OPPORTUNITY OR PROFITS, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOSS OF GOODWILL OR ANY OTHER INTANGIBLE BENEFIT, EVEN IF SUCH DAMAGES ARE FORESEEABLE AND WHETHER OR NOT CAROLINA HERRERA HAS BEEN ADVISED OF THE POSSIBILITY THEREOF. IN NO EVENT SHALL CAROLINA HERRERA’S LIABILITY EXCEED THE TOTAL AMOUNT PAID TO CAROLINA HERRERA BY CUSTOMER. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN SUCH CASES THE ABOVE LIMITATIONS AND EXCLUSIONS DO NOT APPLY.

The Website, content provided through the Website, and all technology, software, materials, data, or images provided or used by or on our behalf or Company's licensors in connection with the Website are provided “as is” and on an “as available” basis. Except as expressly set forth herein, Company makes no other representation or warranty of any kind, whether express, implied, statutory, or otherwise with respect to the offerings on the Website. Except to the extent prohibited by applicable law, Company disclaims 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. Company 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. Company may discontinue any aspect of the Website, or may change the nature, features, functions, scope, or operation of the Website at any time.

 Article 13 - Miscellaneous

The Company shall not be liable to any customer for any delay or failure to perform any obligation hereunder if the delay or failure is due to events that are beyond CAROLINA HERRERA’s control including, but not limited to, strike, blockade, war, act of terrorism, riot, pandemic, imposition of trade restrictions, natural disaster or refusal of a license by a government agency.

The Company will inform the customer of any such event by providing notice no later than at the latest thirty days of its occurrence. If the corresponding suspension of CAROLINA HERRERA's performance of its obligations continues for more than thirty (30) days, the customer or Company, by providing notice to the other, may cancel any order(s) affected by such a delay. In the case of such cancellation, the customer will be reimbursed by CAROLINA HERRERA as soon as possible by crediting the debit/credit card used for the relevant purchase.

Should any of the provisions of these Terms and Conditions of Sale come to be declared wholly or partially null and void, the other provisions and all the other rights and obligations resulting therefrom will remain unchanged and will continue to be applicable.

 Article 14 – Competent jurisdiction - Applicable law

Any dispute under these Terms and Conditions of Sale shall be governed by and construed in accordance with the laws of the State of New York, without prejudice to any rights customer may have, as a consumer buying products on our Website, under applicable law.

The parties hereby consent to the exclusive jurisdiction of, and venue in, any federal or state court of competent jurisdiction located in New York County, New York.

 Last update: March 2023

© ANTONIO PUIG S.A., 2023. All rights reserved.