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Ernesto Cabrera
Ernesto Cabrera

Legal

Website Terms of Use

Effective Date: October 1st, 2019


Welcome to www.ernestocabrera.com website (hereinafter the "Website"). 

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE OF THE WEBSITE (HEREINAFTER THE "TERMS OF USE") CAREFULLY BEFORE USING THE WEBSITE. 

The Terms of Use govern the access to, and use of, the Website and the content and services available through the Website (“Services”). 

Use of the Website and of the Services constitutes your full acceptance of these Terms of Use and all guidelines and rules, including but not limited to the Privacy Policy referred to in Section 14 (below) and any other additional terms, conditions, or policies referenced herein and/or available by hyperlink, and of their relevant mandatory nature. These Terms of Use shall apply to all users of the site, including without limitation vendors, customers, merchants, and/or contributors. When registering to use the Website and the Services, you will be asked to agree to be bound by these Terms of Use. You are only authorized to use the Website and the Services if you agree to abide by all applicable laws and the terms of these Terms of Use and you indicate your acceptance during the registration, or subscription, process. If these Terms of Use are construed as an offer, acceptance is limited expressly to these Terms of Use. If you (hereinafter, also “User”) do not agree to be bound by these Terms of Use and to follow all applicable laws, you may not use the Website or the Services. By use of the Website and/or Services, User hereby consents to the admissibility of a printed copy of these Terms of Use in any judicial, administrative, or other proceeding based on or relating to the Website, Services, or the use thereof, to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. 

Ernesto Cabrera reserves the right, at its sole discretion, to modify these Terms of Use from time to time, in which case we will post the revised Terms of Use on this Website. Please consult these Terms of Use regularly. The use of the Website and the Services after such modifications constitutes your full acceptance of the then-current Terms of Use. If you do not agree with the Terms of Use at any time, you may not continue to use the Website or the Services. 

1. Imprint 

1.1 The Website and its contents are designed, operated and administered by Ernesto Cabrera a sole Privately Held company, with registered office in 300 Park Avenue New York, NY 10022, with an investment capital of $50,000,000, subject to the management and coordination of Ernesto Cabrera, a Swiss company with registered offices in Zurich, Switzerland (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 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. Age

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 legal@ernestocabrera.com. We will send an email or other communication confirming your cancellation of your registration or subscription. 

4.3 Without prejudice to other remedies provided by applicable law and under these Terms of Use, in the event you fail to comply with the obligations under these Terms of Use, Ernesto Cabrera will be immediately entitled, at its sole discretion, to cancel your registration or subscription, and/or to block your account and/or deny, restrict, suspend, or terminate your access to the Website and to the Services. Ernesto Cabrera will notify you about the termination or suspension, as applicable, by e-mail or postal mail and your credentials, if any, will be deactivated. Termination of your access or use will not waive or affect any other right or relief to which Ernesto Cabrera may be entitled, at law or in equity. The obligations and liabilities of the parties incurred prior to termination shall survive the termination for all purposes. 

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. 

5.2 By providing us with your email address and/or telephone number, you agree that we may contact you regarding the Services (including for promotional or marketing purposes) by e-mail, text message or phone, as appropriate, and you acknowledge that use of mobile voice or data services may result in charges imposed on you by your network provider and that you will be responsible for such charges. Please see Ernesto Cabrera’s Privacy Policy for more information about how we may contact you and your rights and options regarding our use of your contact information. 

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 

6.1 The content on this Website, such as text, graphics, images, photographs, illustrations, trademarks, trade names, service marks, trade dress, logos, software for design, implementation and use of the Website, layout, structure and organization of the content of the Website, the collection and organization of data and information, video clips, musical compositions, audio clips, designs, devices, or any other material (collectively, “Contents”) is protected under domestic and foreign intellectual property laws. Ernesto Cabrera owns all rights and/or license in and to the Contents. Any use of the Contents not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, trade dress, patent and other laws. You understand and agree that, except as stated herein, none of the Contents may be copied, reproduced, distributed, republished, downloaded, displayed, posted, transmitted, modified, or created into derivative works in any form or by any means without the prior written permission from Ernesto Cabrera. Any special rules for the use of other items provided on the Website may be included elsewhere within the Website and are herein incorporated into these Terms of Use by reference. The use of the Contents on any other website or in a networked computer environment for any purpose is prohibited. All rights not expressly granted herein are reserved to Ernesto Cabrera. 

7. Submissions

7.1 Any ideas, suggestions, information, know-how, material, or any other content received by us from you or others through this Website, or through other forms of communication such as mail or email (collectively, “Submissions”), will be deemed to include a royalty-free, perpetual, irrevocable, nonexclusive right and license for us to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works of, display (in whole or part) worldwide, or act on such Submissions without additional approval or consideration, in any form, media, or technology now known or later developed for the full term of any rights that may exist in such Submissions. You expressly acknowledge and agree that you waive any claim to the contrary. You are solely responsible for your Submissions, the consequences of making Submissions, and your reliance on any Submissions. Ernesto Cabrera is not responsible for the consequences of any Submissions. You declare and warrant that the Submissions do not violate any rights of third parties arising from the law or by contract, including, but not limited to, the rights related to the author, trademarks, patents, trade secrets, copyright, confidentiality and any other proprietary or personal rights. To the maximum extent permissible by applicable law, Ernesto Cabrera assumes no voluntary obligation for screening or monitoring Submissions made to this Website by users. If notified by a user of a Submission allegedly in violation of these Terms of Use, Ernesto Cabrera may investigate the allegation and determine in good faith and its sole discretion to the maximum extent permissible by applicable law whether to remove such Submissions. To the maximum extent permissible by applicable law, Ernesto Cabrera assumes no liability or responsibility to users for performance or nonperformance of such activities. Ernesto Cabrera may, but will not be obligated to, use and/or provide any author attributions related to any Submissions. 

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 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 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. 

11.4 NOTHING IN THESE TERMS OF USE SHALL EXCLUDE OR LIMIT (I) OUR LIABILITY IN CASE OF DEATH OR PERSONAL INJURY RESULTING FROM OUR NEGLIGENCE; (II) OUR 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. 

12. Indemnity 

12.1 To the maximum extent permitted by applicable law and subject to the limitations set forth in Section 11.4, you agree to indemnify and hold Ernesto Cabrera, and each of its parents, subsidiaries and affiliates, and their respective officers, directors, shareholders, legal representatives, attorneys, agents, partners, employees and successors and assigns, harmless from and against any damage, loss, liability, claim, demand, cost or expense (including reasonable attorneys' and professionals’ fees and court costs) arising out of or relating to any Submissions you make to us, or any breach by you of these Terms of Use. 

13. Applicable Law and Construction; Jurisdiction; Arbitration

13.1 To the maximum extent permissible by applicable law, these Terms of Use and any non-contractual obligations arising out of or in relation to the Terms of Use shall be governed by and will be interpreted in accordance with the laws of the State of New York, USA (without regard to its conflict of law provisions).

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 out of or relating to these Terms of Use or the breach, termination or validity thereof, and/or the relationships which result from these Terms of Use (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 User 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 fullest extent permissible by applicable law, User 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 Terms of Use, 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 permissible 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. 

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. 

13.3 If any provision herein is held invalid or unenforceable for any reason, the remaining provisions of these Terms of Use 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. 

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. 

13.5 Ernesto Cabrera’s waiver of any provision of these Terms of Use, 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 Use will not operate to excuse performance or waive any such right to require strict performance at any future time. 

14. Privacy 

14.1 By using the Website or the Services, or by uploading or providing any personal information to Ernesto Cabrera, you agree to the terms of our Privacy Policy which explains how Ernesto Cabrera treats your personal information and protects your privacy when you use the Website and the Services. Please read the Privacy Policy carefully. 

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: 

Ernesto Cabrera 

300 Park Avenue 12 fl, New York,

New York 10022 - USA

Attn: Intellectual Property Dept. 
legal@ernestocabrera.com

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: October 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.ernestocabrera.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. 

3.2.   The Products available on the Website are a selection of items normally available in stores; however, Ernesto Cabrera does not provide any warranty to the Client relating to the availability in the stores of the Products available in the Website. The photographs and images of products included on the Website and Services (as defined in the Website Terms of Use) have been portrayed as accurately as possible; however, the settings and specifications of the Client's viewing device or display could affect the accuracy of the colors of Products portrayed. 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.

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. Price 


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 orders@ernestocabrera.comErnesto 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. 


5. Execution of the Contract 


.   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. 

5.2.   Before submitting an order through the Website, Client shall read carefully all the instructions provided during the purchase procedure (also with regard to the delivery charges, the return policy and the privacy policy statement), along with these General Conditions. 

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”). 

5.6.   Without prejudice to the use of data described in the Privacy Policy statement, the order proposal and the Client’s data related to that order proposal may be kept by Ernesto Cabrera for the period required by applicable legislation. 

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. Method of payment 


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: 


·  Visa;

·  MasterCard;

·  American Express;

·  JCB; 

·  Discover; and 

·  PayPal. 


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. Transport and delivery

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 orders@ernestocabrera.comfor 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 orders@ernestocabrera.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 orders@ernestocabrera.comfor 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 orders@ernestocabrera.comshall 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. Returns 

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. Exchanges

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 orders@ernestocabrera.com, or by ordinary mail to the following address: 


Ernesto Cabrera

300 Park Avenue 12 fl, New York,

New York 10022 - USA

Attn. Online Sales Assistant

orders@ernestocabrera.com


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. Guarantee of authenticity and intellectual property rights 

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. Applicable law and construction; Jurisdiction; Arbitration 

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. Warranty 


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, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WARRANTY OF NONINFRINGEMENT, 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 labelling 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. Contacts 

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

legal@ernestocabrera.com


Social Media and Endorsement Policy


1. Purpose

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. 

k. Endorsers must adhere to the legal conditions on Ernesto Cabrera’s web site and the posting guidelines and Terms of Use on any web site on which they post content on behalf of Ernesto Cabrera. 

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. 

Privacy Policy

Effective Date: October 1st, 2019


PRIVACY POLICY

Ernesto Cabrera, a company, with registered office in 300 Park Avenue New York, NY 10022 (together "we", "us", "our"), take your data protection rights and our legal obligations seriously. This Privacy Policy ("Policy") describes how we use your personal data collected via www.ernestocabrera.com ("Website"), and by other means (e.g., via social media, cookies, etc.). Please read this Policy carefully.

The personal data that you provide may be regarded as jointly controlled by Ernesto Cabrera, and by the Ernesto Cabrera local retail legal entities, and e commerce retail legal entities “Store”.


1. Personal Data We May Collect About You: We will collect various types of personal data about you for the purposes described in this Policy, including:


· Contact information (such as your name, birthday, nationality, email address, postal address, telephone number and any other personal data) that you provide by completing forms on the Website, including if you subscribe to our newsletter and register and create an account on the Website;

· Details of any transactions made by you;

· Personal data that may be contained in communications you send to us, for example to report a problem or to submit queries, concerns or comments regarding the Website or its content;

· Information from surveys that we may, from time to time, conduct on the Website for research purposes, if you choose to respond to, or participate in, them;

· Credit/debit card information, which is considered to be sensitive personal data in certain countries such as Mexico;

· Information about your use and navigation of our Website, such as your IP address and other device identifiers, your operating system and browser type, and information about the Website pages you visit, collected thanks to cookies; and

· Personal information collected from third parties, such as data that you agree to share with us on publicly accessible social networks (e.g., Facebook, Instagram, etc.) and/or that we may collect from other publicly accessible databases.

You are under no obligation to provide any such information. Providing your personal data to us (in particular, your personal details, your email, your address, your credit/debit card numbers and bank code and your telephone number) is necessary for processing your order for the purchase of products on the Website, supplying other services provided on the Website upon your request, or when your personal data is needed to fulfil obligations required by law or regulations. The refusal to provide us with any personal data necessary for performing the above purposes may consequently prevent us from processing your order for the purchase of products sold on the Website or fulfilling obligations required by law and other regulations. Therefore, failure to provide personal data may constitute, in some cases, a legitimate and justified reason for not processing your order for the purchase of products sold on the Website or not providing the Website’s services.

Disclosure of further personal data to us other than that required for fulfilling legal or contractual obligations and to properly browse our services with necessary traffic data is, on the contrary, optional and does not have any effect on the use of the Website and of its services or on the purchase of products on the Website. We will inform you at every step whether disclosing your personal data to us is required or optional by marking with an appropriate symbol (*) the information that is required or data needed for the purchase of products and/or for the provision of requested services on the Website.


2. Minimum Age


Protecting the safety and privacy of children is very important to us. We do not accept registrations or orders submitted by, and will not knowingly collect or use personal data from anyone under the age of sixteen (16) years, or any other age limit sets out by the law of his/her country of residence. By registering or making any purchase on the Website, you confirm that you have reached the age of majority in your country of residence.


3. Cookies


Our Website uses cookies. More information can be found in our link legal@ernestocabrera.com

Do-Not-Track. Currently, our systems do not recognize browser “do-not-track” requests. You may, however, disable certain tracking as discussed in this section (e.g., by disabling cookies).


4. Use of Your Personal Data


Whenever we process your personal data, we do it on the basis of a lawful "justification" (or legal basis) for processing. In the majority of cases, the processing of your personal data will be justified on one of the following bases:

· processing is necessary to perform a contract with you or take steps that you have requested in order to enter into a contract (e.g., sales contract);

· processing is necessary for us to comply with a legal obligations;

· Processing is in our legitimate interests as a business, and our interests are not overridden by your interests, fundamental rights or freedoms. Our legitimate interests may include our interest in using customer and Website user personal data to conduct and develop our business activities (including by carrying out standard marketing activities), with current and potential customers and Website users; and in establishing, exercising or defending legal claims; or

· Processing is based on your prior explicit consent, such as segmented and customized marketing activities.


The purposes for which we process your personal data are the following and the processing of your personal data is justified by the following legal basis:


1. Process your purchases and to provide you with the services and information offered through the Website and which you request

Performance of a contract


2. Administer your account with us

Performance of a contract


3. Verify and carry out financial transactions in relation to payments you make

Performance of a contract


4. Audit the downloading of data from the Website

Our legitimate interest to get to know our customers better and improve our services accordingly


5. Improve and customize our Website, and our products, services and our business in general, such as by tracking your product preferences, shopping history and interactions with the Website

Our legitimate interest to improve our products and services


6. Identify visitors to the Website

Our legitimate interest to get to know our customers better and improve our services accordingly


7. Carry out data analytics and market research

Our legitimate interest to get to know our customers better and improve our services accordingly


8. Carry out data enrichment, such as by analyzing your product preferences, shopping history and interactions with the Website together with data collected from third parties, such as data that you agree to share with us on social networks (e.g., Facebook, Instagram, etc.) and/or that we may collect from publicly accessible databases

Your prior explicit consent


9. Correspond with you to resolve your queries or complaints

Your prior explicit consent


10. Send you marketing communications containing news, information and updates about our products and services, offers, promotions and special events, and other marketing communications that may be of interest to you (by SMS, email or telephone), and customize your experience with us to your interests and shopping habits and improving our services, notably via profiling. We also may use the data we collect about you to assist us in advertising our products and services on third party websites – please see our Cookie Policy for additional information.

Your prior explicit consent and our legitimate interest in keeping our customers/prospects updated about our services and products (for marketing via SMS and phone, Your prior and appropriate consent is required).


5. Disclosure of Your Personal Data


We may disclose your personal data to any of our affiliate companies, or to our service providers who have a legitimate interest in receiving your personal data, specifically and exclusively in order to assist us in providing the services we offer, processing transactions, fulfilling requests for information, receiving and sending communications, updating marketing lists, analyzing data, providing support services or in performing other tasks, from time to time.

For the avoidance of doubt, we will get your express opt-in consent before we share your personal data with any third party company other than Ernesto Cabrera and Ernesto Cabrera for marketing purposes.


1. Your personal data will be accessible by authorized personnel of Ernesto Cabrera, Ernesto Cabrera and affiliated companies, and service providers acting on our behalf on a need-to-know basis. Transfer of your personal data from your country of residence to third countries where we operate, including France, Switzerland and Italy, will be involved; some of these countries are subject to a data protection adequacy decision of the European Commission, whereas others are not. To ensure the protection of your personal data is consistent with applicable law, such transfers outside the EEA will be made pursuant to the EU Model Clauses, the EU-US Privacy Shield certification, Binding Corporate Rules or other acceptable legal mechanisms of which you can request a copy via legal@ernestocabrera.com

We may also share your personal data with third parties in connection with potential or actual sale or restructuring of our company or any of our assets, or those of any associated company, in which case personal data held by us about our users may be one of the transferred assets.


We will also respond to requests for personal data where required by to do so by law, or when we believe that disclosure is necessary to protect our rights and/or comply with a judicial proceeding, court order, request from a regulator or any other legal process served on us.


2. Security


We have adopted security measures to protect personal data against accidental or unlawful destruction, accidental loss, alteration, unauthorized disclosure or access. For the best possible protection of your personal data outside the limits of our control, your device should be protected (such as by updated antivirus systems) and your internet service provider should take appropriate measures for the security of network data transmission (such as, for example, firewalls and anti-spam filtering).

While we take reasonable steps to protect your personal data, we cannot guarantee that the personal data you disclose to us will be 100% secure.

You accept the inherent security implications of dealing on-line over the Internet and will not hold Ernesto Cabrera, or their processors responsible for any data breach unless it is due to our negligence.


3. Retention of Your Personal Data


Our general approach is to retain your personal data only for as long as required to fulfill the purposes for which it was collected. We generally retain your personal data for three years from the end of our relationship or from the last contact from you, unless local law requires otherwise. However, in some circumstances we may retain personal data for longer periods of time, for instance where we are required to do so in accordance with legal, tax and accounting requirements.

In specific circumstances we may also retain your personal data for longer periods of time corresponding to the applicable statute of limitations so that we have an accurate record of your dealings with us in the event of any complaints or challenges.


4. Your Rights


You have the following rights with respect to your personal data:

· Right to withdraw consent - where applicable, you have the right to withdraw your consent at any time. For example, if you wish to opt-out of receiving electronic marketing communications, you can change your settings in your account on the Website, use the 'unsubscribe' link provided in our emails or text the STOP number in our SMS, or otherwise contact us directly and we will stop sending you communications.

· Right of access, rectification and erasure - you have the right to request access to and obtain a copy of any of your personal data that we may hold, to request correction of any inaccurate data relating to you and to request the deletion of your personal data under certain circumstances. You can see and update most of this data yourself online, or by contacting us directly at legal@ernestocabrera.com

· Right of data portability - Under certain conditions, you have the right to receive all such personal data which you have provided to us in a structured, commonly used and machine-readable format, and also to require us to transmit it to another controller where this is technically feasible.

· Right to restriction of processing - you have the right to restrict our processing of your personal data where:

· you contest the accuracy of the personal data until we have taken sufficient steps to correct or verify its accuracy;

· the processing is unlawful but you do not want us to erase the data;

· we no longer need your personal data for the purposes of the processing, but you require such data for the establishment, exercise or defense of legal claims; or

· you have objected to processing justified on legitimate interest grounds (see below) pending verification as to whether we have overriding compelling legitimate grounds to continue processing.

Where personal data is subject to restriction in this way, we will only process it with your consent or for the establishment, exercise or defense of legal claims, in accordance with local legislation.

· Right to object to processing justified on legitimate interest grounds - where we are relying upon legitimate interest to process personal data, then you have the right to object to that processing. If you object, we must stop that processing unless we can either demonstrate compelling legitimate grounds for the processing that override your interests, rights and freedoms or where we need to process the data for the establishment, exercise or defense of legal claims. Where we rely upon legitimate interest as a justification for processing we believe that we can demonstrate such compelling legitimate grounds, but we will consider each case on an individual basis.

· Information for California Residents - California residents may request a list of certain third parties to which we have disclosed personal data about you for their own direct marketing purposes. You may make one request per calendar year. In your request, please attest to the fact that you are a California resident and provide a current California address for your response. You may request this information in writing by contacting us at: legal@ernestocabrera.com. Please allow up to thirty (30) days for a response.

You also have the right to lodge a complaint with a supervisory authority if you consider that the processing of your personal data infringes applicable law.

For further information regarding your rights, to exercise any of your rights, or if you have any complaints or questions regarding the processing of your personal data please contact legal@ernestocabrera.com

Please note that we may request proof of identity, and where permissible under applicable law, we reserve the right to charge a fee where permitted by law, for instance if your request is manifestly unfounded or excessive. We will endeavor to respond to your request as soon as possible and in any case within the applicable time frames.


5. Changes to this Policy


We may occasionally change this Policy, for example, to comply with new requirements imposed by the applicable laws or technical requirements. We will post the updated Policy on the Website. We may also notify you in case of material changes and seek your consent to those changes, where required by applicable law. You are thus encouraged to periodically review this page.

Cookies and Other Technology Policy.


Effective October 1st, 2019


1. What is a cookie?


Cookies are text files containing small amounts of information that a user’s device (computer, tablet or mobile) downloads when it visits a website. They allow the site to “remember” your computer, but not specifically who is using it, and improve your user experience. By associating the identification numbers in the cookies with other customer information when, for example, you log-in to the site, and then we know that the cookie information relates to you.


2. What is the scope of cookies?


Cookies are used generally for different purposes, such as letting the user navigate between pages efficiently, implementing the user's preferences and generally improving their browsing experience, by customizing the website according to their navigation and user profile. They can also help ensure that the adverts that the user sees online are more relevant to them and their interests.


3. What cookies do we use?


Our website uses several types of cookies for different purposes as better explained on the site by typing www.ernestocabrera.com.

In particular we use:

A. Session cookies, which only last for the duration of a browsing session. They are usually used to facilitate the access to the services on our website, to authenticate you when you are a registered member, and to remember what a user has put in their shopping basket, and

B. Persistent cookies, which last for more than one visit. They are used to remember a user’s preferences and actions within the website. In this case, when a user returns to our website, or visits sites that use the same cookies, the site reads the cookies and identifies the user’s browser.

Among these cookies it is possible to refer to:

C. First party cookies, which are supplied by the website you are visiting, i.e., www.ernestocabrera.com and can be read only by such site. For example the cookies that maintain products in the shopping bag of a user who is in the meantime still surfing the site. First party cookies can be either session or permanent cookies.

D. Third party cookies, which are meant to collect data in an anonymous way, for example analytics information, including browsing statistics. Other third party cookies are meant to track our visitors’ response to our online promotional activities. This technology uses information about your visits to our website and third parties' sites on which we advertise, to deliver relevant advertisements. We also use this to learn which banner adverts bring users to our website. Also third party cookies can be either session or permanent cookies.

4. Categories of cookies on Ernesto Cabrera.com site

The type of cookie used on our website can fall under one of the categories below.

0. A - Technical Cookies

Based on the Guidelines of the Italian Data Protection Authority (Guarantee) on simplification of procedure to release the data protection notice and to collect the consent for cookies (dated 8 May 2014), technical cookies include navigation or session cookies, cookies analytics and functionality cookies.

1. A.1: Navigation or Session Cookies

These cookies are strictly necessary session cookies essential to enable you to move around the website and use its essential features, such as accessing secure areas of the website. These cookies include session authentication cookies. Without these cookies, necessary services such as shopping baskets or e-billing cannot be provided.

We are able to identify you as being logged in to www.ernestocabrera.com and to ensure that you are able to access the appropriate features on our site.

If you choose to disable these cookies, you will be unable to use our site for ordering our products, but only for browsing.

2. A.2: Analytics

These cookies are also known as performance cookies and collect information about how you use our website, so that we can improve the quality of our site and services. Some examples include which pages you visit most often, whether you get error messages from web pages, and your choices about receiving cookies or not. Performance cookies allow us to implement these choices and optimize the way our site works. All the information that these cookies collect is aggregated and therefore they do not collect personal identification information. These types of cookies may be first party or third party.

These cookies include analytics that allow us to obtain statistics about website access and browsing, monitor which website our users arrive from, help us improve the site by measuring usage information and any errors which occur during our users browsing experience, as well as the effectiveness of advertising campaigns, using aggregated information.

3. A.3: Functionality Cookies

Functionality cookies allow the website to remember your online settings (such as your user name, language or location) and provide enhanced, more personalized features.

These cookies can also be used to remember changes you made to text size, fonts and other parts of a web page that you can customize. They may also be used to provide services you have asked for or to prevent you from receiving services you have already refused.

These types of cookies may be first party or third party. Presently we only use first party cookies, and they can be session or permanent.

When you choose functionalities and services, you agree to our use of the related functionality cookie.

4. B - Profiling Cookies

These cookies, that include advertising and targeting cookies, are used by Ernesto Cabrera, our advertising providers and/or third parties to offer you a customized browsing experience by delivering you advertisements that are relevant to you and your interests on third party websites. We use cookies to identify your preferences and analyze your online interactions and transactions with us, but use that information exclusively for the benefit of Ernesto Cabrera and do not share it with any third party, except with Ernesto Cabrera service providers for the purpose of processing it on our behalf.

Under certain circumstances, especially if you are logged-in on your account, we may combine data collected through the cookies with your personal data for the purposes set out above, unless you have explicitly refused to be the subject of such processing and you have opted out from these types of cookies. We invite you to read our Privacy Policy by visiting www.ernestocabrera.com for full details of how we can process your personal data under such circumstances.

Among the many types of advertising or targeting cookies, we may use Flash Cookies and Pixel Tags:

· Flash Cookies: We may use local shared objects, known as Flash cookies, to store your preferences. The amount and type of information collected through Flash cookies and how they work is different from browser cookies. Please be aware that the browser's tools to manage cookies will not remove Flash cookies. To disable flash cookies, please use the setting tool provided by the Flash player here.

· Pixel Tags: If you agreed to being tracked and/or profiled, we may use other tracking technologies (e.g., web beacons, clear gifs) in the communications we send to you. The purpose of these may be to learn about whether you have read or opened the email, whether you have interacted with any link, e.g., by clicking on it, and if so which ones. This information may be combined with other information we have gathered about you, to help us deliver more interesting communications to you, based on your browsing experience and shopping.

You can read more about the cookie policy of the third party partners whose profiling cookies are used on our site by clicking here www.ernestocabrera.com. U.S. residents can learn more about their choices for not having their information used by certain third parties by clicking here.

At any time you can manage your preferences for advertising or targeting cookies through your browser settings as per www.ernestocabrera.com, or by enabling/disabling all third party cookies as per www.ernestocabrera.com.

5. Information sharing

We do not share information collected through the use of cookies and pixel tags with any third party, except with other companies within Ernesto Cabrera Group of Companies, our advertising agencies/providers and our IT service providers (e.g., hosting providers), exclusively for the purposes set out above.

6. How to manage your tracking and cookie preferences

At any time, you have the option to limit this tracking or to accept or decline the use of cookies/pixel tags by changing your browser application settings. Please note that our systems may not recognize Do Not Track headers or requests from some or all browsers. You may learn more by checking our Legal & Privacy Policy. 

Most browser applications automatically accept cookies but you can set it to receive an alert each time an operator tries to send you cookies/pixel tags, and/or prevent it from accepting them. On most browsers, the “Help” portion of the toolbar will tell you how to prevent it from accepting cookies, how to change your tracking settings, how to have it notify you when you receive cookies/pixel tags, or how to disable cookies/pixel tags altogether.


Below are pages describing these settings in more detail for each browser:

· Chrome

· Firefox

· Internet Explorer 7 en 8

· Internet Explorer 9

· Safari

· Opera

If you use multiple browsers (e.g., Internet Explorer, Google Chrome, Firefox, etc.) you must repeat this procedure with each one, and if you connect to the web from multiple devices (e.g., from work and at home), then you will need to set your preferences on each browser on each device.

Please note that if you disable completely cookies from the browser, then it is possible that some parts of our website will not function properly such as the normal surfing or the purchase activity, and finally you may also lose any personalized activity, and the advertising you receive when you visit this website will not be tailored to your interests.

7. How to disable third party cookies and advertising or targeting cookies from the www.ernestocabrera.com site

You may learn how to disable third party cookies and advertising or targeting cookies on your computer by visiting us at www.ernestocabrera.com

8. How to contact us

If you want to know more about cookies, have any question or want to send us suggestions, please contact us at Ernesto Cabrera LP 300 Park Avenue New York, NY 10022), or at legal@ernestocabrera.com.

Ernesto Cabrera LP is the controller for the purposes of this cookie policy, available at www.ernestocabrera.com.

9. More information

We invite you to read our Privacy Policy by visiting the site www.ernestocabrera.com for full details of how we process your personal data or by writing to us at legal@ernestocabrera.com.