TERMS AND CONDITIONS OF SALE KR

TERMS AND CONDITIONS OF SALE

Last modified: June 2021

Sociedad Textil Lonia Korea Ltd., with its principal place of business located at Junglim Building Floor 1, 451 Apgujung-ro, Gangnam-gu 06011 Seoul, also doing business in Korea as “CH Carolina Herrera”(referred to as “us”, “we”, or “our” as the context may require) sets forth below its terms and conditions (these “Terms”) that apply to the purchase and sale of products (“Products”) and services through pay by link or In-Store App (our “Website” or “Site”) by the user (“you” or “Buyer”).

STL is licensed to use the trademark, “CH Carolina Herrera”, and operating in Korea under the same trade name, which trademark identifies, among other goods, high-end, luxury clothing lines and accessories, which are commercialized in stores of the said trademark licensed by STL.

These Terms are subject to change by CH Carolina Herrera without prior written notice.

1. INTRODUCTION

THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.

THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.

BY PLACING AN ORDER FOR PRODUCTS OR SERVICES FROM THIS WEBSITE, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT, AND YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS. YOU MAY NOT PLACE ANY ORDER WITH THE INTENTION TO RESELL SUCH PRODUCTS.

YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM THIS WEBSITE IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT WITH CH CAROLINA HERRERA, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE'S CONTENTS, GOODS OR SERVICES BY APPLICABLE LAW.

Any changes to the Terms will be in effect as of the “Last modified” date referenced on the Site. You should review these Terms prior to purchasing any Products or services that are available through this Site. Your continued use of this Site after the “Last modified” date will constitute your acceptance of and agreement to such changes.

2. PRODUCT AVAILABILITY

You agree that your order is an offer to buy, under these Terms, all Products and services listed in your order. All orders must be accepted by us and paid in full or we will not be obligated to sell the Products or services to you. We may choose not to accept orders at our sole discretion, even after we send you a confirmation email with your order number and details of the Products you have ordered.

All Products and services listed in your order are subject to availability. If due to lack of availability or because the selected item is or has become out of stock, CH Carolina Herrera will cancel your order, even if already accepted, and refund you with any amount that you may have paid to purchase such item.

3. PRODUCT DESCRIPTION

CH Carolina Herrera will endeavor to offer you with reliable information on the Website with regard to the Products for sale (names, photographs, origin, composition and materials used in the Products, etc.). CH Carolina Herrera is not responsible for any potential errors that may exist, although it will correct them once notified.

Buyer acknowledges that any dimensions of the Products as shown on the Website are indicative only. Some Products may appear slightly larger or smaller than actual size due to screen defaults and photography techniques. Other Products may be represented at a larger than actual size in order to clearly show details, or smaller than actual size in order to show the entire item.

4. PURCHASE PROCEDURE

Orders placed through the Website are strictly limited to those persons with a delivery address in Korea (“Korean Residents”). As such, we expect Korean Residents to use the Website with an Internet Protocol (“IP”) address originating from the Korea. Orders may by accepted only for delivery of the purchased Products to an address in the Korea.

You represent and warrant that you are buying Products or services from the Site for your own personal or household use only, and not for resale or export. You further represent and warrant that all purchases are intended for final delivery to Korea locations specified in this Section 4

5. PAYMENT METHOD AND PRICE

Payments must be processed for orders to be confirmed. Only orders for which payment has been verified and completed will be shipped. For the order to be confirmed, the purchase amount will be authorized and reserved with your credit card provider, for verification purposes. Payment will be charged and cleared from your account once we have verified your card details, received credit authorization, confirmed Products availability and the order is packed and ready to be shipped at the distribution center.

The price charged for a Product or service will be the price in effect at the time the order is placed and will be set out in your order Confirmation email. Price changes will only apply to orders placed after such changes.

Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total, and will be itemized in your shopping cart and in your order confirmation email. We strive to display accurate price information, however we may, on occasion, make inadvertent typographical errors, inaccuracies or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.

Terms of payment are within our sole discretion and payment must be received by us before our acceptance of an order. You may pay by credit or debit card (Visa / MasterCard / AMEX / Discover / Diners Club).

You represent and warrant that (i) the credit card information you supply to us is true, correct and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted on the Site at the time of your order.

Your payment details will under no circumstances be stored or processed by CH Carolina Herrera, but will be directly registered by the payment gateway of the financial institution chosen by you to make the payment. For greater security, when payment is made the Website has a Secure Ecommerce Authentication Service, a system established by certain credit card networks, whereby customers are authenticated by their purchasing bank.

To protect the confidentiality and integrity of the transactions, they are carried out using the SSL (Secure Socket Layer) protocol and 128-byte security keys.

The amount of the order will be charged in real time using the chosen payment method and if the charge is canceled for any reason and the transaction is not completed, the order will be automatically canceled.

If we discover an error in the price of any Product ordered by you, we will inform you as soon as possible and give you the option of reconfirming the order at the correct price or canceling it. If we are unable to contact you, the order will be treated as canceled and if you have already paid for the Product, you will receive a full refund. We are under no obligation to sell a Product to you at an incorrect (lower) price, even after we have sent you the shipping confirmation email, if the pricing error is obvious and unmistakable and could have reasonably been recognized by you as such.

If there is a price difference between those found online and those marked on the labels of the Products in-store, the correct price is the one shown at the time of purchase.

WE DO NOT OFFER PRICE ADJUSTMENTS FOR PRODUCTS WHOSE ORIGINAL PRICES MAY HAVE BEEN REDUCED.

6. ORDER CANCELATION PRIOR TO SHIPMENT AND OTHER ORDER MODIFICATIONS

Before completing the payment the order, you may review all the details of the payment and the Products included so that, if considered necessary, you may not proceed to the payment.

The following modifications to any order will not be allowed once such order is confirmed: (i) change in the size of any ordered Products, (ii) change in billing address, (iii) change in delivery address, (iv) joining or merging separate orders and (v) adding Products to the order.

We reserve the right to cancel any order, before or after the order placement, for any reason and at any time, and may, at our sole discretion refuse to continue selling our Products to any user of the Website.

7. SHIPPING AND DELIVERY OF ORDERS

When making an order, you can opt to receive it at an address of your choice, to the extent it is within the territories listed in Section 4.

Shipping costs are as follows:

SHIPPING TYPE	COST PER ORDER	SHIPPING TIME*
Standard	Free	1-6 business days from the order shipping confirmation

*Shipping and delivery dates are estimates only and cannot be guaranteed.

Please note that currently we do not ship orders to P.O. box and APO/FPO military addresses. For security reasons we do not guarantee delivery to hotels, aparthotels, residences, tourist apartments, transportation agencies, logistic platforms and/or similar.

Once your order is placed, we will prepare it. By default, CH Carolina Herrera sends your Products packed in one of our iconic red boxes and envelopes. Packaging for orders placed during sale periods will not include these boxes and envelopes. In any event, we reserve the right to include or not include within your order as many boxes and envelopes as considered appropriate at our sole discretion.

Shipping deadlines may increase at certain times or due to other circumstances beyond the control of CH Carolina Herrera and, therefore, we are not responsible for any delays that may arise for any of the aforementioned reasons or for reasons directly attributable to third parties not connected with CH Carolina Herrera. We will keep you up to date with the progress of your order by sending you automatic notifications. In the event of a failure in any of these automatic messages, you may always consult the status of your order by accessing the Website.

If no one is available to accept the products to be delivered at the agreed delivery address, the courier will try to find a safe and secure place to leave your order. The courier will generally determine if the parcel can be left in a secure place at your delivery address. Your package may be returned to us if there is no safe place to leave it at the point of delivery. In case a delivery attempt is unsuccessful, please note that your order may be also delivered to a neighbor upon judgement of the courier’s driver. In any event, the driver may leave a note on your door that an attempt of delivery was made with further information.

Signature required deliveries, which is generally determined by the courier, that cannot be delivered will be returned to our distribution center.

The ordered Products will be at your risk from the time of delivery. With respect to ownership of the Products, it will pass to you when (i) we receive full payment of the order amount, including delivery charges, or (ii) upon delivery, whichever event occurs later in time.

Claims for breakage, damage, loss in transit and delay in delivery must be made to the courier by the Buyer. You must notify the delivering courier of such claims immediately upon delivery and contact Customer Service within ten (10) days from order delivery date so that inspection may be made to substantiate Buyer’s claim against the courier. See Section 8 below for returns and refunds of orders

Any failure to deliver, a delivery exceeding ten (10) business days from the shipment date or any discrepancy between ordered and delivered products should be promptly reported to our Customer Service by emailing us at contact@chcarolinaherrera.com or contact to the store where the purchase was performed.

CH Carolina Herrera offers the possibility of making alterations by presenting the Delivery Note in its physical stores (except corners of department stores, airports and outlet stores) applying the current alterations policy in store.

8. POLICY FOR THE RETURN, EXCHANGE AND REFUND OF ORDERS

Returns at CH Carolina Herrera are free of charge

Except for any Products designated on the Site as final sale, and at the discretion of CH Carolina Herrera, we will accept returns, as described below, for a refund of your purchase price, less the original shipping and handling costs.

For the return to be accepted by CH Carolina Herrera, Products must be returned with the return request processed on the Website or by telephone to Customer Service and respecting the following conditions: (i) the Product must be returned in the original packaging and accompanied by the delivery note; (ii) labels and security tags must still be attached; (iii) the Product must not have been damaged, altered, used, worn or washed; (iv) the soles of shoes must be perfectly intact. WE DO NOT ACCEPT RETURNS OF PRODUCTS THAT APPEAR TO HAVE BEEN WORN, WASHED OR ALTERED IN ANY MANNER. WE DO NOT ACCEPT RETURNS OF PRODUCTS CONSIDERED AS FINAL SALE: SWIMWEAR AND UNDERWEAR.

Please note that damaged Products being returned must be in the condition in which they were received, you must not attempt to modify, handle or repair them.

Returns that do not comply with any of the conditions specified above will not be accepted.

8.2 Returns in store

You may return the Products purchased through link or In-Store App at the CH Carolina Herrera, store of your choosing in Korea (except department stores, airports and outlet stores), by providing the delivery note received with the order. You must return the Products at the store within thirty (30) calendar days of the order delivery date. Refunds will be made to the same payment method of purchase.

9. WARRANTY POLICY

The Products purchased on the Website, subject to applicable conditions and exclusions as set forth in this Section, are protected against defects in materials and/or workmanship from the original date of purchase by a one (1) year limited warranty (original proof of purchase required).

The following are not considered, at our sole discretion, neither material nor workmanship Product defects and therefore are not covered by this warranty:

Any change or alteration to the Products resulting from its normal wear and tear.
Any damage to the Products due to improper handling, lack of care, abuse, accidents, neglect, misuse and inappropriate or incorrectly performed maintenance.
Any alteration, service or repair performed to the Products by any third party other than CH Carolina Herrera.

During the warranty period, with respect to any allegedly defective Products:

You shall notify CH Carolina Herrera, in writing, by sending an email to contact@chcarolinaherrera.com, of any alleged claim or defect within ten (10) business days from the date of discovery (but in any event before the expiration of the applicable warranty period).
You must provide us with all the required information to assess and determine the Product defect. For instance, pictures of the article. If needed, you should follow the instructions given by Customer Service to bring the product to one of our stores for inspection or to ship the defective Product to CH Carolina Herrera’s facility.
If our inspection reveals, to CH Carolina Herrera’s reasonable satisfaction, that such Products are defective and any such defect has not been caused or contributed to by any of the factors described elsewhere in this Section 9, CH Carolina Herrera shall at its sole discretion, and at its expense (i) repair the Product, (ii) replace it with the same or comparable Product in good condition or (iii) refund the purchase price of such defective item.

THIS WARRANTY POLICY SETS FORTH YOUR SOLE AND EXCLUSIVE REMEDY AND CH CAROLINA HERRERA’S ENTIRE LIABILITY FOR ANY BREACH OF THE LIMITED WARRANTY SET FORTH IN THIS POLICY. CH CAROLINA HERRERA’S LIABILITY SHALL UNDER NO CIRCUMSTANCES EXCEED THE ACTUAL AMOUNT PAID BY YOU FOR THE DEFECTIVE PRODUCT, NOR SHALL CH CAROLINA HERRERA UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES OR LOSSES, WHETHER DIRECT OR INDIRECT. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

10. CUSTOMER SERVICE

You may contact CH Carolina Herrera and use its Customer Service when you consider appropriate by means of the two methods shown below:

By sending an email to contact@chcarolinaherrera.com.

11. FORCE MAJEURE

We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting couriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.

12. GOVERNING LAW AND JURISDICTION

Any controversy or claim arising out of or relating to these Terms and Conditions or breach thereof shall be construed in accordance with the laws of the Korea, irrespective of its conflict of law provisions, and shall be subject to the non-exclusive Jurisdiction of the courts in Korea. This clause does not affect your legal rights as a consumer.

13. DISPUTE RESOLUTION AND BINDING ARBITRATION

YOU AND CH CAROLINA HERRERA ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.

ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES THROUGH THE SITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.

The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Consumer Arbitration Rules (the “AAA Rules”) then in effect. The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the Agreement is void, voidable or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction.

You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR CH CAROLINA HERRERA WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.

If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced.

14. PROPRIETARY RIGHTS AND CONFIDENTIAL INFORMATION

All rights in pattern, design, trade names, trademarks and copyrights of CH Carolina Herrera used on or in connection with the Products are proprietary and shall remain the exclusive property of CH Carolina Herrera or its licensor, and the Buyer shall have no right of interest therein or with respect thereto. The Buyer shall not reproduce or simulate, or cause or allow anyone to reproduce or simulate, either directly or indirectly any such pattern, design, trade name, trade-mark or copyright. The information and material contained herein are proprietary and are submitted in confidence and with the condition that it will not be copied or otherwise reproduced and will not be used or disclosed to anyone outside Buyer’s company except as authorized in writing by CH Carolina Herrera.

15. NO WAIVERS

The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of CH Carolina Herrera.

16. ASSIGNMENT

You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.

17. NO THIRD PARTY BENEFICIARIES

These Terms do not and are not intended to confer any rights or remedies upon any person other than you.

18. NOTICES

To You. We may provide any notice to you under these Terms by: (i) sending a message to the email address you provide or (ii) by posting to the Site. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.
To Us. To give us notice under these Terms, you must contact us as follows: by personal delivery, overnight courier or registered or certified mail to Junglim Building Floor 1, 451 Apgujung-ro, Gangnam-gu 06011, Seoul. We may update the address for notices to us by posting a notice on the Site. Notices provided by personal delivery will be effective immediately. Notices provided by overnight courier or registered or certified mail will be effective as of the date of receipt signed by CH Carolina Herrera.

19. SEVERABILITY

If any provision of these Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.