TERMS & CONDITIONS
Effective Date: May 1st, 2019
Welcome to www.ernestocabrera.com website (hereinafter the "Website").
1.1 The Website and its contents are designed, operated and administered by Ernesto Cabrera a sole ownership company, with registered office in 300 Park Avenue New York, NY 10022, with an investment capital of Euro 50,000,000, (hereinafter "Ernesto Cabrera", “we”, “us”, “our”).
1.2 Purchases made through the Website by customers in the United States are processed by Ernesto Cabrera 300 Park Avenue 12 fl New York, NY 10022 USA.
1.3 The disclosure of contact information described above does not constitute consent to contact for purposes unrelated to the Website and/or Services or for unauthorized purposes, including, but not limited to, marketing.
2.1 The Services are generally not intended for persons under the age of eighteen (18) years (or age of majority of the individual's relevant country). If you are under this age, please do not view, use, register for, or subscribe to, the Services. If we learn that you are under eighteen (18) years of age or any other majority age in your country (or fraudulently misrepresented your age during the registration process, if applicable), we will promptly cancel your registration, or subscription, if any, and stop providing you the Services.
3. Registration for, and Subscription to, Services
3.1 You may register for, or subscribe to, our Services as available from time to time on the Website.
3.2 When registering for, or subscribing to, Services you agree to provide accurate and true information. In the event of any change in the information you provided upon your registration or subscription, you agree to promptly inform us to ensure that you will receive our messages and to prevent Ernesto Cabrera from inadvertently contacting third parties.
3.3 If you registered for a Service requiring prior authentication (e.g. Account, Wish list), you agree to notify us immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account or password. Ernesto Cabrera is authorized to rely upon any acts or communications it receives under your password as if such acts or communications have been made by you unless Ernesto Cabrera receives explicit prior notice otherwise.
4. Duration - Termination
4.1 Your registration for, or subscription to, one or more Services will be effective upon successful completion of the relevant process.
4.2 You may terminate your registration for, or subscription to, the Services at any time at your sole discretion by sending an e-mail to firstname.lastname@example.org. We will send an email or other communication confirming your cancellation of your registration or subscription.
5. Electronic Services
5.1 Certain parts of the Services may require the Services to be provided through electronic communication channels, such as e-mail, text messages, or phone calls.
5.3 You may not use the Website or Services for any illegal or unauthorized purpose or utilize the Website or Services for any purpose in violation of the laws in your jurisdiction (including but not limited to copyright and intellectual property rights regulations). You may not use any hardware or software which may damage or interfere with the proper working of the Website and/or Services or to surreptitiously intercept any communications, data or personal information from the Website. You agree not to interrupt or attempt to interrupt the operation of the Website or Services in any way.
6. Protection of industrial and intellectual property rights
8. Links to other sites and to the Website
8.1 This Website may contain links to other websites. Ernesto Cabrera has no control over such websites and, to the maximum extent permissible by applicable law, will not be responsible or liable for any content or anything else related to your accessing or use of any third party websites.
8.2 Hyperlinks to other websites and references to information, products or services of third parties linked to this Website do not constitute, and should not be interpreted, in any way, as an endorsement by Ernesto Cabrera of such websites, information, products or services. Any question or comment related to these websites must be addressed to the relevant operators. Ernesto Cabrera shall not be responsible for any losses, damages, or other liabilities incurred as a result of use of such sites.
8.3 You are not permitted to frame or “mirror” this Website or any of its Contents on any other website or to link to any part or section of the Website or its Contents, in whole or in part, without prior written consent of Ernesto Cabrera.
9. Accuracy and Completeness of Information
9.1 This Website is solely for private, personal and non-commercial use, and the material on this Website is presented for informational and/or promotional purposes only. Ernesto Cabrera makes a reasonable effort to present accurate, complete and updated information on this site, but the information included on the Website and/or Services should not be relied upon or used as the sole basis for making decisions without consulting more accurate, more complete, or timelier sources of information.
9.2 Unless otherwise specified, the Website and Service are intended to promote Ernesto Cabrera products and services available in the United States. The prices displayed on the Website and Services are quoted in U.S. Dollars.
9.3 The photographs and images of products included on the Website and Services have been portrayed as accurately as possible; however, the settings and specifications of the User's viewing device or display could affect the accuracy of the colors of products portrayed.
9.4 Some of the products displayed on the Website or Services are available only in specific retail locations in the United States, in certain foreign markets, and/or online through the Website. The quantities of these products may be limited and are subject to return or exchange in accordance with the terms and conditions set forth in the applicable return policy dependent upon the point of purchase.
9.5 The Website and/or Services may include a button or hyperlink labeled "Find in Store" when viewing a particular Product. Clicking on this link will present you with the option to provide location information so that the Website can display the availability of the selected Product in stores near the location specified. The availability information is updated as frequently as possible but, due to frequent store inventory changes, the availability information is not guaranteed to be accurate. In addition, Products identified as available may no longer be available when you visit the location specified. The in-store price of a Product may vary between stores and may be different from the online price for the same Product.
10. Exclusion of warranty
10.1 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THIS WEBSITE, ITS MATERIALS, CONTENTS, AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ERNESTO CABRERA PROVIDES NO WARRANTY OR GUARANTEE IN CONNECTION WITH THIS WEBSITE, ITS MATERIALS, CONTENT, OR SERVICES, INCLUDING, BY WAY OF EXAMPLE, THAT IT WILL ALWAYS BE AVAILABLE, WITHOUT INTERRUPTION OR ERRORS IN FUNCTIONING, THAT DEFECTS WILL BE CORRECTED, OR THAT IT WILL BE SAFE FROM MALICIOUS PROGRAMS (SUCH AS VIRUSES, BUGS, MALWARE OR SIMILAR)), THAT IT IS MERCHANTABLE, OR THAT IT IS SUITABLE FOR ANY PARTICULAR PURPOSES, AND EXPRESSLY DECLINES ANY SUCH WARRANTIES.
10.2 ERNESTO CABRERA WORKS TO ENSURE THAT THE INFORMATION MADE AVAILABLE THROUGH THE WEBSITE IS ACCURATE AND UP TO DATE. HOWEVER ERNESTO CABRERA CANNOT GUARANTEE THE ACCURACY OF SUCH INFORMATION OR THAT SUCH INFORMATION IS FREE FROM ERRORS OR OMISSIONS AND ERNESTO CABRERA MAKES NO WARRANTY, AND TO THE MAXIMUM EXTENT PERMISSIBLE BY APPLICABLE LAW SHALL HAVE NO LIABILITY, IN RESPECT OF THE SAME. TO THE MAXIMUM EXTENT PERMISSIBLE BY APPLICABLE LAW, ERNESTO CABRERA RESERVES THE RIGHT TO UPDATE AND/OR CORRECT THE CONTENTS OF THE WEBSITE AT ANY TIME WITHOUT NOTICE AND WITHOUT ANY LIABILITY.
11. Limitation of liability
11.1 THE FOLLOWING LIMITATIONS OR EXCLUSIONS OF LIABILITY ARE VALID AND ENFORCEABLE IN THE STATE OF NEW YORK, USA, TO THE MAXIMUM EXTENT PERMISSIBLE BY APPLICABLE LAW; HOWEVER, SOME OTHER JURISDICTIONS DO NOT ALLOW ALL OR PART OF THE FOLLOWING LIMITATIONS OR EXCLUSIONS OF LIABILITY AND, IF REQUIRED BY APPLICABLE LAW, THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU.
11.2 YOU ARE RESPONSIBLE FOR EVALUATING THE INFORMATION AND CONTENT OBTAINED THROUGH THE WEBSITE. BY USING THE WEBSITE YOU UNDERTAKE ALL RISKS CONNECTED TO THE RELEVANT USE AND TO TAKE FULL RESPONSIBILITY FOR ANY FAILURE IN THE USE, LOSS OF DATA AND COSTS ASSOCIATED WITH ALL NECESSARY SERVICE AND MAINTENANCE OF HARDWARE AND / OR SOFTWARE USED IN CONNECTION WITH THE WEBSITE.
11.3 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND SUBJECT TO THE LIMITATIONS SET FORTH IN SECTION 11.4, YOU ALSO UNDERTAKE NOT TO HOLD US, OUR LICENSORS, SERVICE PROVIDERS, AGENTS, OFFICERS, OR DIRECTORS, LIABLE, IN ANY WAY, FOR ANY POSSIBLE DAMAGES INCLUDING WITHOUT LIMITATION DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOSSES OR EXPENSES ARISING OR RESULTING FROM THE USE OF THIS WEBSITE, THE SERVICES, ITS CONTENTS OR RELATED TO IT, OR ANY LINKED SITE OR USE THEREOF OR INABILITY TO USE BY ANY PARTY, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE, EVEN IF THEY ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES.
13. Applicable Law and Construction; Jurisdiction; Arbitration
In the event of any Claim, the prevailing party shall be entitled to additionally recover reasonable legal expenses and costs, including attorney’s fees, from the other party.
13.2 The headings used in this agreement are for reference purposes only and do not have contractual or binding effect.
13.4 The terms and conditions set forth herein constitute the entire agreement and understanding between the User and Ernesto Cabrera with respect to the subject matter set forth in the Website and/or Services and supersede all prior or contemporaneous communications or proposals, whether written or oral, and supersede all contrary representations contained in the Website and/or Services, including but not limited to any statements of policy or answers to frequently asked questions.
15. Notice and Takedown Procedures
15.1 If you believe any Submissions accessible on or from the Website infringes your copyright, you may request removal of those materials (or access thereto) from this Website by contacting Ernesto Cabrera (address identified below) and providing the following information:
(i) Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
(ii) Identification of the Submission that you believe to be infringing and its location. Please describe the Submission, and provide us with its URL or any other pertinent information that will allow us to locate the Submission.
(iii) Your name, address, telephone number, and (if available) email address.
(iv) A statement that you have a good faith belief that the complained of use of the work is not authorized by the copyright owner, its agent, or the law.
(v) A statement that the information you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or authorized representative.
(vi) A signature or the electronic equivalent from the copyright holder or authorized representative.
15.2 Our address for copyright issues relating to this Website is as follows:
300 Park Avenue 12 fl, New York,
New York 10022 - USA
Attn: Intellectual Property Dept.
15.3 In an effort to protect the rights of copyright owners, Ernesto Cabrera maintains a policy for the termination, in appropriate circumstances, of users of this Website who are repeat infringers.
Terms of Sales
General Conditions of Sale
Effective Date: April 1st, 2019
IMPORTANT NOTICE PLEASE READ THE GENERAL CONDITIONS OF SALE SET FORTH BELOW VERY CAREFULLY. THE GENERAL CONDITIONS OF SALE FOR ERNESTO CABRERA PRODUCTS PURCHASED THROUGH THE WEBSITE (DEFINED BELOW) ARE LIMITED TO THOSE CONTAINED HEREIN. ANY ADDITIONAL OR DIFFERENT TERMS OR CONDITIONS IN ANY FORM DELIVERED BY CLIENT (DEFINED BELOW) ARE HEREBY DEEMED TO BE MATERIAL ALTERATIONS AND ERNESTO CABRERA HEREBY GIVES EXPLICIT NOTICE OF OBJECTION TO THEM AND REJECTION OF SUCH TERMS. BY SUBMITTING ANY ORDER THROUGH THE WEBSITE, CLIENT AGREES TO BE BOUND BY AND ACCEPTS THESE TERMS AND CONDITIONS.
1. General provisions
1.1. These general conditions of sale (hereinafter, “General Conditions”) apply to all sales of Ernesto Cabrera products (hereinafter, “Products” or “Product”) carried out through the www.Ernesto Cabrera.com/us/home website (hereinafter, “Website”).
1.2. Selling of Products -regulated under these General Conditions- is only available to consumers over the age of eighteen (18) years (or the age of majority of the individual's relevant country) (hereinafter, “Clients” or “Client”) being natural persons that obtain Products for personal, family, or household purposes. Client is prohibited from purchasing any Product from the Website for purposes of resale by you or any other person, and Ernesto Cabrera expressly disclaims any warranty or claim for damages, consequential or otherwise, resulting from Client's intent or attempt to resell any Product purchased from the Website.
1.3. The language of any contract of sale through this Website shall be English.
1.4. Clients are required to carefully read these General Conditions, which are available on the Website to enable Clients to acknowledge, store and reproduce them. Contracts of sale executed with the Clients will be archived by Ernesto Cabrera for the retention period required by applicable law.
2. Identification of the vendor
2.1. The vendor is Ernesto Cabrera, a company part of Ernesto Cabrera Group, with a registered office at 300 Park Avenue 12 fl New York, NY 10022 USA (“Ernesto Cabrera”).
3. Information on Products and their availability
3.1. Information on Products (along with the relevant Product codes) and relevant prices are available on the Website. Ernesto Cabrera reserves the right to make adjustments to the pricing and/or description or features of Products for reasons including, but not limited to, changing market conditions, Product discontinuation, material unavailability, changes to manufacturing processes, and errors in advertisements.
3.3. Ernesto Cabrera reserves the right at any time to limit quantities and/or type of Products available from the Website. The style, models and colors of the Products described on the Website may be changed without notice. During the purchasing process, an automatic response will inform the Client if the order cannot be processed due to the unavailability of the ordered Product.
3.4. The maximum number of pieces for each Product that may be included by the Client in the order proposal is four pieces.
3.5. Ernesto Cabrera shall not be liable for errors occurring as a result of a failure of the Client’s connection to the Website.
4.1. The prices of the Products are indicated on the Website in U.S. Dollars and are exclusive of all applicable taxes and any applicable surcharges. Ernesto Cabrera charges state, local and county taxes on online transactions, as required by applicable laws. Please note that your on-screen transaction total reflects estimated tax. The actual sales tax will be calculated when your order is shipped and may vary from the estimated tax. Delivery costs shall be added to the price of the Products and are indicated separately on the order form.
4.2. Ernesto Cabrera regularly verifies that prices of the Products displayed on the Website are correct; however, Ernesto Cabrera cannot guarantee the absence of errors. In the event a Product is listed at an incorrect price, Ernesto Cabrera reserves the right, prior to delivery, to refuse or cancel orders placed for the Product listed at the incorrect price, regardless of whether the order has been confirmed or payment has been made. In such circumstances, Ernesto Cabrera shall offer the Client the opportunity to purchase the Product at the correct price. If the Client's credit card or PayPal account has already been charged for the purchase and the order is cancelled prior to delivery, Ernesto Cabrera will issue a credit to Client's credit card or PayPal account.
4.3. Ernesto Cabrera offers price adjustments for online purchases on first markdown only. Specifically, if a Product has been reduced from its full price, Ernesto Cabrera will credit the Client the difference. A price adjustment request must be made within ten (10) days of the order date for the price adjustment to be honored. The Client must contact Ernesto Cabrera by sending an email email@example.com Ernesto Cabrera will refund the adjusted amount in the original form of payment. Please note that a different price adjustment policy may be applicable for in-store purchases.
. The essential characteristics and the price of each Product are displayed on the Website. The information displayed on the Website does not represent an invitation to treat by Ernesto Cabrera.
5.3. To purchase a Product, Client must (i) include the selected Product in the “Shopping Bag” by clicking on the relevant button, (ii) fill in the order proposal, (iii) select the payment method, (iv) accept the General Conditions and (v) send the order proposal to Ernesto Cabrera through the Website.
5.4. Sending of the order constitutes an offer to purchase the selected Product, regulated under these General Conditions and binding for the Client (with no prejudice to the return policy under Section 10). The sending of the order proposal by the Client obligates the Client to pay the price of the ordered Product(s) if the order is accepted and confirmed by Ernesto Cabrera.
5.5. Any error/change in data entered by the Client in the order proposal may be corrected by the Client by following the process described on the Website, before sending the order proposal (by way of example: Client may change the quantity of Products that they intend to purchase by adding or removing one or more Products from their “Shopping Bag”).
5.7. An order proposal may be refused by Ernesto Cabrera prior to acceptance and confirmation of the order by Ernesto Cabrera at its sole discretion, including but not limited to the following circumstances:
(i) the Products are not available (with no prejudice to the provision set out under Sections 3.3 and 5.9); or
(ii) reported, or suspected, fraudulent or illegal activities, including suspected purchases for resale or commercial purposes; or
(iii) the Client has not fulfilled his/her obligations with respect to a prior contract executed with Ernesto Cabrera.
5.8. The contract between Ernesto Cabrera and the Client is executed upon receipt by the Client of the acceptance and confirmation by Ernesto Cabrera of the order proposal sent through the process set out on the Website. The acceptance (or the refusal) by Ernesto Cabrera shall be sent to the Client via e-mail at the address provided by the Client in the order proposal ("Order Confirmation").
5.9. In case of unavailability of one or more of the ordered Products, the Client will receive an e-mail duly informing him about the unavailability of the Products. In this case, the order proposal will be cancelled or partially accepted only as to the available Products. In case of partial acceptance, the Client shall pay (or shall be charged, in case of payment through the credit card) only the price of the available Products.
5.10. The Order Confirmation will include a summary of the essential characteristics of the purchased Products, a detailed indication of the price and means of payment, information on delivery charges, information on the conditions and methods to exercise the right of withdrawal, including information on the return policy, the address to which complaints may be addressed, information on support services and on existing commercial terms.
Title to Products and risk of loss or damage during shipment pass from Ernesto Cabrera to Client upon delivery to the destination specified by the Client (F.O.B. Destination, freight prepaid and added).
6.1. Payment of the price of the Products included in the order proposal and the relevant taxes and delivery charges shall be paid by the Client by credit card, PayPal or other means acceptable to Ernesto Cabrera.
6.2. Ernesto Cabrera accepts payments made with the following methods of payment:
· American Express;
· Discover; and
6.3. The transactions will be charged to the Client’s credit card only after:
(i) the credit card data has been verified;
(ii) the authorization to charge the card has been received from the issuer of the card used by the Client;
(iii) the availability of the Product has been confirmed by Ernesto Cabrera; and
(iv) the order is ready to be shipped, unless the order includes made-to-order Product(s) designed or customized to the Client’s specifications, in which case the transaction for such Product(s) shall be charged after steps (i) – (ii) above are complete.
6.4. No charge shall be made at the moment of transmission of the order proposal, with the exception of the temporary charge of $0.00 or $1.00 necessary to confirm the credit card’s validity, if any. It is understood that once the order is accepted and confirmed by Ernesto Cabrera, the temporary charge will be cancelled and replaced by the amount due by the Client. In the event that the order is cancelled by Ernesto Cabrera for any reason, this temporary charge will be cancelled as well.
6.5. In the event that, for any reason, it is impossible to charge the amount due by the Client prior to acceptance and confirmation of the order by Ernesto Cabrera, the contract will not be executed and the order will be cancelled.
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.
14.1. Ernesto Cabrera guarantees the authenticity of all Products purchased on the Website. Products bearing the Ernesto Cabrera trademark are produced with materials, are manufactured by artisans, and are all rigorously and fully made in the EU, with the sole exception of watches, which are made in Switzerland and perfumes and cosmetics, which are made in the European Union (mainly in Switzerland, France, Austria) and Japan.
14.2. The “Ernesto Cabrera” trademark, the set of figurative and and/or shape marks present in the Products, the relevant accessories and/or packaging, together with all the illustrations, images and places protected by copyright, and more generally all the intellectual property rights relating to the Products, are and remain the exclusive property of the companies of Ernesto Cabrera. for the United States and Ernesto Cabrera for other countries, companies belonging to the Ernesto Cabrera Group.
15.1. These General Conditions and, therefore, the Contracts executed with the Clients, are governed by and must be interpreted in accordance with the laws of the state of New York without regard to its conflict of laws provisions or choice of law rules. The General Conditions shall not be subject to the United Nations Convention on Contracts for the International Sale of Goods.
To the maximum extent permissible by applicable law, any claim, dispute, or controversy (whether in contract, tort or otherwise, whether preexisting, present or future, and including, but not limited to, statutory, common law, intentional tort and equitable claims) arising from or relating to the Products, the interpretation or application of these General Conditions or the breach, termination or validity thereof, and/or the relationships which result from these General Conditions (including, to the full extent permitted by applicable law, relationships with third parties who are not signatories hereto) (collectively, a "Claim") WILL BE RESOLVED, UPON THE ELECTION OF ERNESTO CABRERA, EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION. Arbitration is a process established by law that allows parties to a transaction to agree to resolve their disputes by an independent arbitrator, rather than by a judge and jury. If arbitration is chosen, it will be conducted pursuant to the Rules of the American Arbitration Association. If arbitration is not chosen, the Claim shall be submitted to the exclusive jurisdiction of the state and federal courts in the State of New York, County of New York, Borough of Manhattan. If arbitration is chosen by Ernesto Cabrera with respect to a Claim, neither Ernesto Cabrera nor Client will have the right to litigate that Claim in court or to have a jury trial on that Claim or to engage in pre-arbitration discovery, except as provided for in the applicable arbitration rules or by agreement of the parties involved. Further, to the maximum extent permitted by applicable law, Client will not have the right to participate as a representative or member of any class of claimants pertaining to any Claim. Notwithstanding any choice of law provision included in these General Conditions, this arbitration agreement is subject to the Federal Arbitration Act (9 U.S.C. §§ 1-16). The arbitration will take place exclusively in the State of New York, New York County, Borough of Manhattan. Any court having jurisdiction may enter judgment on the award rendered by the arbitrator(s). To the maximum extent permitted by applicable law, each party involved will bear its own cost of any legal representation, discovery or research required to complete arbitration. The existence or results of any arbitration will be treated as confidential. Notwithstanding anything to the contrary contained herein, all matters pertaining to the collection of amounts due to Ernesto Cabrera for the sale of Products will be exclusively litigated in court rather than through arbitration.
In the event of any Claim, the prevailing party shall be entitled to additionally recover reasonable legal expenses and costs, including attorney’s fees, from the other party.
15.2. The headings used in these General Conditions are for reference purposes only and do not have contractual or binding effect.
15.3. If any provision herein is held invalid or unenforceable for any reason, the remaining provisions of these General Conditions will not be affected. In such event, the invalid or unenforceable provision will be replaced by a provision that comes closest to the original intent of the invalid or unenforceable provision or will be modified to conform to the most expansive permissible reading under the law consistent with the intention of the invalid or unenforceable provision.
15.4. The terms and conditions set forth herein constitute the entire agreement and understanding between the Client and Ernesto Cabrera with respect to the subject matter set forth herein and supersede all prior or contemporaneous communications or proposals, whether written or oral, and supersede all contrary representations contained in the Website, including but not limited to any statements of policy or answers to frequently asked questions.
15.5. Ernesto Cabrera’s waiver of any provision of these General Conditions, failure to insist on strict performance of any term herein or failure to take advantage of any of its rights with respect to these Terms of Sale will not operate to excuse performance or waive any such right to require strict performance at any future time.
16.1. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL PRODUCTS SOLD THROUGH THE WEBSITE ARE SOLD "AS IS" WITH NO WARRANTIES EXCEPT AS STATED IN LIMITED WARRANTY CARDS AND BOOKLETS ACCOMPANYING SPECIFIC PRODUCTS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ERNESTO CABRERA AND ITS AFFILIATES HEREBY EXPRESSLY DISCLAIM ALL OTHER WARRANTIES EITHER EXPRESS OR IMPLIED, RELATED TO PRODUCTS, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF TITLE, ACCURACY, MERCHANT-ABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WARRANTY OF NON INFRINGEMENT, OR ANY WARRANTY RELATING TO THIRD PARTY SERVICES. Client acknowledges that no employee of Ernesto Cabrera or its affiliates is authorized to make any representation or warranty on behalf of Ernesto Cabrera or any of its affiliates that is not in these General Conditions. Ernesto Cabrera also makes no warranties to the Client with regard to the applicability of all laws and regulations affecting, without limitation the manufacture, performance, sale, packaging and labeling of the Products which are in force within the Client’s territory.
17. Limitation of Liability
17.1. THE FOLLOWING LIMITATIONS OR EXCLUSIONS OF LIABILITY ARE VALID AND ENFORCEABLE IN THE STATE OF NEW JERSEY, USA, TO THE MAXIMUM EXTENT PERMISSIBLE BY APPLICABLE LAW; HOWEVER SOME OTHER JURISDICTIONS DO NOT ALLOW ALL OR PART OF THE FOLLOWING LIMITATIONS OR EXCLUSIONS OF LIABILITY AND, IF REQUIRED BY APPLICABLE LAW, THE CONTENTS OF THIS SECTION MAY NOT APPLY TO THE CLIENT.
17.2. TO THE MAXIMUM EXTENT PERMISSIBLE BY APPLICABLE LAW, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY SET FORTH HEREIN, ERNESTO CABRERA AND ITS AFFILIATES OR AGENTS WILL NOT BE LIABLE FOR: (A) ANY INCIDENTAL, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES INCLUDING BUT NOT LIMITED TO, LOSS OF PROFITS, BUSINESS, REVENUES OR SAVINGS, INCLUDING IN THE EVENT THAT ERNESTO CABRERA HAS BEEN ADVISED OF THE POSSIBILITIES OF SUCH DAMAGES OR IF SUCH DAMAGES ARE OTHERWISE FORESEEABLE, IN EACH CASE, WHETHER A CLAIM FOR ANY SUCH LIABILITY IS PREMISED UPON BREACH OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY OF LIABILITY; OR (B) ANY CLAIMS, DEMANDS OR ACTIONS AGAINST CUSTOMER BY ANY THIRD PARTY.
17.3. TO THE MAXIMUM EXTENT PERMISSIBLE BY APPLICABLE LAW, NOTHING IN THESE GENERAL CONDITIONS SHALL EXCLUDE OR LIMIT (I) ERNESTO CABRERA’S LIABILITY IN CASE OF DEATH OR PERSONAL INJURY RESULTING FROM ERNESTO CABRERA’S NEGLIGENCE; (II) ERNESTO CABRERA’S LIABILITY IN CASE OF FRAUD, FRAUDULENT MISREPRESENTATION OR GROSS NEGLIGENCE; AND/OR (III) ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW.
17.4. Ernesto Cabrera will not be responsible for and no liability shall result to Ernesto Cabrera or any of its affiliates for any delays in delivery or in performance which result from any circumstances beyond Ernesto Cabrera’s reasonable control, including, but not limited to, Product unavailability, carrier delays, delays due to fire, severe weather conditions, failure of power, labor problems, acts of war, terrorism, embargo, acts of God or acts or laws of any government or agency. Any shipping dates or delivery dates represented by Ernesto Cabrera are estimates only.
18.1. For further information and assistance with the Website or on the methods of purchase online, the Client may contact Ernesto Cabrera by mail, telephone or email, as set forth below:
Ernesto Cabrera America, Inc.
300 Park Avenue 12 fl, New York,
New York 10022 - USA
Attn: Intellectual Property Dept.
Attn. Online Sales Assistant
Social Media and Endorsement Policy
Ernesto Cabrera (“Ernesto Cabrera”) is committed to transparency and honesty in all of its advertising messages and promotional communications with consumers. Therefore, Ernesto Cabrera hereby adopts this Social Media and Endorsement Policy (this “Policy”).
This Policy applies to all Ernesto Cabrera independent contractors, employees, agents, speakers, writers, bloggers, talent, endorsers and any other individual or entity engaged in promotional activities on behalf of Ernesto Cabrera, whether they are engaged by Ernesto Cabrera directly, or through an agency, representative of an agency, subsidiary, or franchise (collectively referred to herein as “Endorsers”).
This Policy is intended to outline the policies and procedures of Ernesto Cabrera with respect to any and all advertising messages or promotional communications made by Endorsers. It is also intended to address endorsements and testimonials made by Endorsers about Ernesto Cabrera, and/or its products and services, whether those endorsements and testimonials are made through “traditional media,” such as television commercials or print ads, or “new media,” or “social media,” such as websites, blogs, mobile applications or any other form of media that may be used by advertisers.
Endorsers are legally responsible for their opinions, comments and content. Individual Endorsers can be held personally liable by third parties for any commentary deemed to be defamatory; obscene; proprietary to, or owned by, others; or libelous to Ernesto Cabrera, its suppliers/partners or any other person or entity. For these reasons, Endorsers should exercise caution with regard to exaggeration, colorful language, guesswork, obscenity, materials used in content, conclusions, images and/or video, and derogatory remarks or characterizations.
In addition, Endorsers should at all times be mindful that, given advances in technology, opinions, comments or content may remain public, and may be archived, stored and retrievable, indefinitely.
2. Standards of Conduct
With respect to statements or other claims made in advertising messages or promotional communications about Ernesto Cabrera and/or its products or services, Endorsers must adhere to the following principles:
a. Endorsers may only make statements that reflect their honest beliefs, opinions, experiences or recommendations. Ernesto Cabrera encourages these statements to be in the first person. Endorsers may not make statements about experiences with a product that they have not personally tried, examined or evaluated.
b. Endorsements by organizations must reflect the collective judgment of the organization, as approved by senior management.
c. Endorsers may not make deceptive or misleading claims about Ernesto Cabrera’s products or services, or Ernesto Cabrera’s competitors’ products or services, to consumers.
d. Endorsers may not make any claims about Ernesto Cabrera’s products or services, or Ernesto Cabrera’s competitors’ products or services, that are not substantiated (i.e., claims may not be made about a product that would require proof that the Endorser does not have).
e. Endorsers may not engage in any communication that is defamatory or infringes upon the intellectual property, or privacy and publicity rights of others, including competitors.
f. Endorsers may not offer for sale, or solicit, products or services on behalf of Ernesto Cabrera.
g. Endorsers may not make offensive comments that have the purpose or effect of creating an intimidating or hostile environment, including telling lies or spreading rumors about Ernesto Cabrera or its affiliates and their respective Endorsers, officers, directors, shareholders, agents, representatives, licensees or competitors.
h. Endorsers may not use ethnic slurs, personal insults, obscenity, or other offensive language.
i. Endorsers may not make any comments or post any content that in any way promotes unsafe activities that could lead to an unsafe situation involving Ernesto Cabrera’s customers or other individuals.
j. Endorsers may not make any comments or post any content that may violate applicable local, state or federal laws or regulations.
l. Endorsers must strive for high quality with every comment or post, including adherence to basic spellchecking and rules of grammar.
m. Endorsers that are also employees of Ernesto Cabrera must also adhere to any and all guidelines provided by Ernesto Cabrera to its employees with respect to social media and related matters.