SHIPPING & HANDLING
Effective May 1st, 2019
7.1 Products will be delivered to the address specified by the Client in the order proposal. In some circumstances and in its absolute discretion, Ernesto Cabrera may require the signature of the Client (or of a nominated adult representative) at the time of delivery. Purchases may not be shipped to P.O. boxes, APO/FPO addresses or to any address outside of the continental United States, Alaska, Hawaii or Puerto Rico. In addition, Ernesto Cabrera cannot be held responsible for unanticipated delivery delays beyond Ernesto Cabrera’s control.
7.2. For each order, Ernesto Cabrera shall invoice the Products by e-mail or by mail to the Client, pursuant to any applicable laws and regulations. The invoice will be based upon the information provided by the Client at the time of the order. No alterations to the invoice are possible after the invoice has been issued.
7.3. Unless otherwise specified by Ernesto Cabrera from time to time, delivery charges shall be borne by the Client and are indicated separately on the order form and invoice.
7.4. All orders are processed Monday through Friday, excluding Saturday, Sunday and holidays. To estimate the total delivery time for a purchase, please allow up to two business days from the order date to process the order for shipment, in addition to the time indicated by the Client’s preferred shipping method.
7.5. The purchased Product(s) shall be delivered by a carrier selected by Ernesto Cabrera (hereinafter, “Carrier”). Next day and two day deliveries are made Monday through Friday excluding Saturday, Sunday and holidays. Ground deliveries are made Tuesday through Saturday excluding Sunday and holidays.
7.6. Orders placed with Saturday deliveries are expected to be delivered on Saturday if placed by 1PM (ET) on Friday, subject to the following conditions: If an order is placed after 1PM (ET) on Friday, it is expected to be delivered on the Saturday of the following week, as indicated during the checkout process. The delivery time on Saturday may vary depending on the destination zip code and location. Saturday deliveries cannot be made on holidays. Saturday delivery service is only available for Product(s) in the order that is immediately available. Product(s) that are not immediately available will be placed on a priority waiting list and will be shipped with free ground service once they become available for shipment. To select an alternative shipping method for such priority waiting list items, please contact Ernesto Cabrera at firstname.lastname@example.org for assistance. (The fee applicable to such alternative shipping methods will apply). Ernesto Cabrera recommends reviewing the order details on the order review page before submitting an order proposal, or in the order confirmation email that is sent to the Client shortly after the order is placed. Some business addresses may not accept shipments on Saturdays. To ensure Saturday delivery, please confirm that the applicable shipping address can accommodate Saturday deliveries. Saturday delivery is not available for Hawaii, Alaska, or Puerto Rico at this time.
7.7. Orders placed with same day deliveries are expected to be delivered on the date of order, if placed by 1PM (ET) Monday through Friday, subject to the following conditions: The delivery time may vary depending on the destination zip code and location. Same day deliveries cannot be made on holidays. Same day delivery service is available on Product(s) in the order that is immediately available for shipment within Manhattan, New York only. If the Client is unsure as to whether the applicable shipping address is an eligible Manhattan, New York address, please contact Ernesto Cabrera at email@example.com for confirmation. Products(s) that are not immediately available will be placed on a priority waiting list and will be shipped with free ground service once they become available for shipment. To select an alternative shipping method for such priority waiting list items, please contact Ernesto Cabrera at firstname.lastname@example.org assistance. (The fee applicable to such alternative shipping methods will apply). Ernesto Cabrera recommends reviewing the order details on the order review page before submitting any order, or in the order confirmation email that is sent to the Client shortly after the order is placed.
7.8. Unless otherwise specified in the Order Confirmation, the purchased Product(s) will be delivered within 30 (thirty) days from the date of the Order Confirmation (except in the event that a FORCE MAJEURE event or unforeseeable circumstance occurs). In case the delivery has not occurred within the above indicated term, the Client (by sending an e-mail to the e-mail address email@example.com shall provide Ernesto Cabrera with a further ten (10) days to deliver the Product; provided that, in case of failure to comply with such term after receipt of the specified notice, the Client’s remedies shall be limited exclusively to termination of the contract and refund of payment received.
7.9. At the time of delivery of the Products by the Carrier, the Client (or a nominated adult representative) is required to verify:
(i) that the number of items being delivered corresponds to that indicated on the delivery note; and
(ii) that the packaging and its seals are intact, undamaged, not wet or altered in any manner.
Any damages to the packaging and/or the Product, or discrepancies in the number of items or documentation must be immediately indicated in writing on the Carrier’s delivery receipt. Except to the extent permitted under applicable laws, once the Carrier’s delivery receipt has been signed and no objection has been raised by the Client, the Client may not make any objection to the exterior characteristics of the delivered parcel.
8. Shipping and delivery confirmation
8.1. Ernesto Cabrera shall send to the Client a Shipping Confirmation via e-mail once the Products are dispatched and a further e-mail once the Products have been delivered.
9. Wrapping or packaging
9.1. Products purchased from the Website are delivered with the same Ernesto Cabrera standard packaging as provided in Ernesto Cabrera stores.
10.1. For online purchases, Ernesto Cabrera will accept Products in their original condition for a refund of the purchase price when accompanied by the original invoice. Please note that a different return policy may be applicable for in-store purchases.
10.2. Full-price Products must be returned within 30 days from the date of delivery to Ernesto Cabrera.com or to a Ernesto Cabrera boutique within the United States. However, all PayPal purchases must be returned exclusively to Ernesto Cabrera.com.
10.3. Corporate gifts must be returned exclusively to Ernesto Cabrera.com within 10 days from the date of delivery.
10.4. Beauty Products may be returned if unopened and in the original cellophane wrapping within 10 days from the date of delivery.
10.5. Products purchased online cannot be returned to outlet stores, department stores or other wholesale distributors.
10.6. Any Product that has been worn, used, altered or damaged will not be accepted. Certain Products, such as jewelry, watches, sunglasses, and ready-to-wear, are shipped with a return tag attached. Returns on these specific Products will only be honored if the label remains intact.
10.7. To the maximum extent permissible under applicable law, Ernesto Cabrera reserves the right to refuse return of any Product that does not meet the above return requirements in Ernesto Cabrera’s sole discretion.
10.8. Merchandise returned to Ernesto Cabrera.com will be processed within 7-10 business days of receipt. A confirmation email will be sent once the Client’s account has been credited. Refunds may only be issued in the same form as was utilized for payment. Please note the original shipping charges incurred at the time of purchase are non-refundable.
10.9. Easy-to-follow return instructions are included with each shipment. Every effort will be made to ensure a prompt refund and an email notification will be sent once the return has been processed.
11. Personalized and Made-to-Order Products
11.1. To the maximum extent permissible by applicable law and in accordance with applicable laws in the United States governing the purchase and sale of special goods made to order, withdrawals, cancellations, exchanges or returns are not accepted for orders of customized products such as, for example, those with the Client’s initials engraved on the Product, or made-to-order products such as, for example, certain décor items and other products designed or customized to the Client’s specifications. The Client is advised that images, photographs and samples of the engraving on personalized Products and other customized elements may differ from the appearance of the actual Product.
12.1. Ernesto Cabrera.com cannot accommodate automatic exchanges at this time. The Client must return the original Product that the Client wishes to exchange for a refund using the procedure described in Section 10 above. A new order can then be placed on the Website for the exchange item. Please note that new orders are subject to merchandise availability. Ernesto Cabrera will inform the Client if Ernesto Cabrera is unable to fulfill the new order.
13. Lack of conformity
13.1. If a Product sold by Ernesto Cabrera has manufacturing defects or in any case of alleged lack of conformity of Products sold by Ernesto Cabrera, the Client must immediately contact Online Support by email to firstname.lastname@example.org, or by ordinary mail to the following address:
300 Park Avenue 12 fl, New York,
New York 10022 - USA
Attn. Online Sales Assistant
13.2. In the event that the Client seeks to have the Product repaired or replaced due to lack of conformity pursuant to this Section 13, delivery costs for returning the Product to be repaired or replaced shall be borne by Ernesto Cabrera, as well as any costs related to the delivery to the Client of the repaired or replaced Product.