TERMS AND CONDITIONS
LEGAL TERMS: LEGALES:
All orders are subject to acceptance and availability, and the items in your shopping cart are not reserved and may be purchased by other customers. Paulita Errázuriz offers products for sale that are in stock and available for shipment from our distribution center. From time to time however, we may be awaiting shipments from our suppliers. Consequently, from time to time you may be given the possibility to make an advance payment for certain items, in which case you can make an advance purchase. This will ensure that you receive this item in priority once the item has been delivered to the distribution center. Your rights with regard to the Advance Purchase are the same as for any other purchase at Paulita Errázuriz. As an alternative, you may simply choose to register your email address for the arrival notification of the selected merchandise if it is out of stock. Items received in stock can be pre-allocated to satisfy pre-payment orders and customers who made advance payments will receive items in priority to customers on the waiting list or customers who order through the site for immediate delivery. Please note that we may not be able to deliver selected prepaid products due to production problems or quality check issues identified when we receive an order in stock. In these circumstances, we will notify you by email and refund the advance payment to your credit/debit card within thirty days of notification that the goods are not available. Paulita Errázuriz will keep a record of your transactions for a minimum of one year.
3) PRICING POLICY
The prices shown on the Site are displayed according to the currency selection and whether they include taxes. If you are shipping within Chile, local sales tax will be charged on all orders (where applicable). From time to time, prices are subject to change in response to changes in currency exchange rates, discounts and other commercial considerations. The price applicable to your order will be the current price at the time your order is accepted. Customers purchasing with shipments outside of Chile will incur import duties and applicable taxes. These costs are not included in the final purchase price. Import duties or taxes will be billed directly to you from DHL or an import broker appointed by you. We recommend that you contact your local customs authority to determine a landed cost price prior to completion of the purchase.
4) SALES PRICE ADJUSTMENT POLICY
Paulita Errázuriz is pleased to offer a sales price adjustment on items purchased up to 7 days prior to the start date of a sale. Please note that the exact style and size of an item must be available at the time your order is placed before any adjustment in the sale price can be approved. We cannot offer a price adjustment on items originally purchased at a sale or on special promotional items where they are temporarily discounted in price. Once an item has been purchased at a discounted sales price, no price adjustment will be offered if the item is marked below.
5) ORDER ACCEPTANCE
Once you have made your choice and your order has been placed, you will receive an email acknowledging the details of your order. This email is an acceptance of your order. Unless you cancel your order, the acceptance of your order will be finalised at the time of payment through the Pay Pal portal. The contract between you and Paulita Errázuriz shall be deemed concluded when we send the goods to you at the time you receive a second email containing your tracking number and confirming that your order has been sent. Therefore, the sales contract is concluded in Santiago, Metropolitan Region, Chile and the language of the contract is Spanish. Neither the third party payment processor nor our designated courier has the authority to accept an order on behalf of Paulita Errázuriz. We reserve the right not to accept your order in the event, for example, that we are unable to obtain authorization for payment, that shipping restrictions apply to a particular item, that the item ordered is out of stock, does not satisfy our quality control, or that it does not meet the eligibility criteria set forth within the legal terms. Moreover, we may refuse to process a transaction for any reason or refuse service to anyone at any time in our sole discretion. We will not be liable to you or any third party due to our removal of any merchandise from the site if such merchandise has been sold, removed, reviewed or edited any material or content on the website, refusing to process a transaction, or unrolling or suspending any transaction after processing has begun. While every effort is made to ensure that the details on our website are accurate, it is possible that from time to time we may discover an error in the pricing of products. If we discover an error in the pricing of a product in your order, we will inform you as soon as possible. We will not be obliged to accept or fulfil an order for a product which was advertised at an incorrect price and reserve the right to cancel an order which has been accepted or is in transit. If you order a product which is incorrectly priced for any reason, we will email or telephone you to inform you that we have not accepted your order and/or that the relevant part of your order has been cancelled. If you have already paid for the goods, we will refund the full amount as soon as possible. In the event that the goods are withdrawn in transit, we will process your refund once the goods have been returned to us.
The payment is made through the Pay Pal portal, through the payment method used. By selecting any of these options you will be redirected to the corresponding payment page. Once this transaction is completed, you will return to Paulita Errázuriz. The payment will be charged and debited from your account upon completion of the payment process. You confirm that the credit/debit card being used is yours or that you have been specifically authorized by the credit/debit card owner to use it. All credit/debit card holders are subject to validation checks and authorization by the card issuer. If your credit/debit card issuer refuses to authorize payment to Paulita Errázuriz, we will not be liable for any delay or non-delivery. Occasionally, high demand causes us to run out of certain items. If we do not have an item you have ordered in stock, we will notify you by email immediately. Sometimes an item is out of stock and not expected to return in stock, so we must cancel the item. In this case, if you paid by credit/debit card, we will not charge you for the item or for any taxes, shipping or handling charges. We take reasonable care to make our site secure. All credit/debit card transactions on this site are processed with and monitored by PCI-DSS. The data is securely encrypted (TLS) and so we comply with the highest standards of online security. To ensure that your shopping experience is safe, simple and secure, Paulita Errázuriz uses Transport Layer Security (TSL) technology. Furthermore, we take reasonable care, to the extent that it is achievable, to keep the details of your order and payment secure. In the absence of negligence on our part, we cannot be held liable for any loss you may suffer if a third party gains unauthorized access to any data you provide when accessing or ordering from the Site.
7) INSURANCE AND DELIVERY
You will own the property at and from the later point in time when: (a) we receive payment in full, or (b) we deliver the goods to you. Paulita Errázuriz assures each purchase during the time it is in transit until it is delivered to your specified delivery address. We require a signature for any goods delivered, at which point liability for your goods is transferred to you. If you have specified a recipient other than yourself for delivery purposes (for example as a gift), then you agree that evidence of a signature by them (or at that delivery address) is evidence of delivery and performance by Paulita Errázuriz, and transfer of liability in the same way. The products are your liability from the moment we deliver them to the address you gave us. Please note that our goal is to ship all orders within 24 hours, or 48 hours during sales periods. The delivery times shown on the Site are estimates and will be used as a guide only and will start from the date of shipment. In any case, we will deliver the goods within the time stipulated in the purchase, provided that the item is available. Paulita Errázuriz is not liable for delays caused by the customs clearance process at destination. If delivery is delayed due to any event beyond our control, we will contact you as soon as possible to inform you and take appropriate measures to minimize the effect of the delay. Provided that we do so, we will not be liable for delays caused by the event, but if there is a risk of substantial delay, you may contact us to cancel your order and we will refund any goods you have paid for but not yet received.
8) RETURNS AND EXCHANGES BY RETURNING YOUR PURCHASE
It is easy to make a return for a refund, store credit or exchange, either by using our Internal Returns or International Returns service. All items must be sent back to us within 30 days of the purchase. For full details on how to return your purchase, please refer to our Returns and Exchanges policy. Please note that you can only exchange items for a different size, based on stock availability. If you would like to exchange your item for an alternative product, we suggest that you return it for a store credit and purchase the new item separately. Shipping is complimentary on the replacement item, so shipping costs, taxes and duties are borne by the purchaser. OUR POLICY Items must be returned unused and with all original Paulita Errázuriz tags still attached and in their original place. Returns that are damaged or dirty will not be accepted and will be returned to the customer. When providing any design packaging, such as authenticity cards, bags and wooden labels must be included with your statement. Send an email to email@example.com if any of your purchases have been delivered without Paulita Errázuriz labels. All returns must be ordered before you send your items back to us to allow an easy and efficient identification process.
9) INTELLECTUAL PROPERTY RIGHTS
You acknowledge and agree that all copyrights, designs, Site "look and feel", trademarks and all other intellectual property rights and material related to the content as described herein, including the software, all HTML and other code contained on this Website, shall remain at all times in the ownership of Paulita Errázuriz. All such Content is protected by Chilean laws and regulations. Any reproduction or redistribution of the above Content is prohibited and may result in civil and criminal penalties. Violators will be prosecuted to the maximum extent permitted by applicable law. Notwithstanding the above, it is expressly prohibited to copy and use the above materials to any other server, location or media for publication, reproduction or distribution, unless expressly authorized by Paulita Errázuriz.
In addition to the intellectual property rights mentioned above, "content" is defined as all information such as the "look and feel" of the site, data files, graphics, text, photographs, drawings, logos, images, sounds, music, video or audio files on this Web site. Paulita Errázuriz aims to provide that the information on this site is accurate and complete. Paulita Errázuriz does not guarantee or represent that the content of Paulita Errázuriz is accurate, free of errors or reliable or that your use of the content of Paulita Errázuriz will not infringe the rights of third parties. The use of the website is at your sole discretion. Paulita Errázuriz does not guarantee that the functional aspects of the Website or the content of Paulita Errázuriz are free from errors or that the Website and the content of Paulita Errázuriz or the server that makes it available are free from viruses or other harmful components. If your use of this site, or the content of Paulita Errázuriz results in the need for service or replacement of property, material, equipment or data, Paulita Errázuriz is not liable for those costs. Notwithstanding the foregoing, everything on the Website is provided to you "as is" and "as available" without guarantee of any kind, explicit or implicit, including, but not limited to, the implied warranties of merchantability, satisfactory quality, suitability for a particular purpose, reasonable care and skill, or non-infringement. You assume the entire risk of the completeness, accuracy or usefulness of any content found on this Site. Paulita Errázuriz reserves the right to remove, temporarily or permanently, any content from this Site at any time and for any reason. Removal may be immediate and without notice. You confirm that Paulita Errázuriz is not liable to you or any third party for such removal. Paulita Errázuriz's personal opinions and the labels of the products we sell are our property, so we do not assume any responsibility for the opinions expressed in any media.
11) NON-COMMERCIAL USE
This Site is for your personal, non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any content, software, products or services contained on this site. You may not use this site, or any of its contents, to promote any commercial purpose, including any advertising or publicity revenue-generating activity on your own site.
12) YOUR ACTIVITY
You use this Site at your own risk. You agree that you will be personally liable for your use of this Site and for all of your communication and activity. We reserve the right to deny you access to this site at any time without any prior notice. If we determine, in our sole discretion, that you have engaged in prohibited activities, that you were disrespectful to other users, or otherwise violated the Legal Terms, we may deny your access to this site temporarily or permanently. You agree that you may not remove, obscure, or alter any proprietary rights notices (including copyright and trademark notices) that may be posted on or contained in the Site. You agree not to collect or harvest any personally identifiable information, including account names, from the site or use the communication systems provided by the site for commercial solicitation purposes.
13) THIRD PARTIES
We may include hyperlinks on this Site to websites or resources operated by third parties other than Paulita Errázuriz, including advertisements. Paulita Errázuriz does not review all of the sites linked to its Website and is not liable for the content or accuracy of any off-site pages, nor is responsible for the availability of such external sites or resources, directly or indirectly, for the privacy practices or content of such websites, including (without limitation) any advertising, products or other materials or services available.
Although Paulita Errázuriz will take reasonable efforts to verify the accuracy of any information on the site, its accuracy is not guaranteed, either expressly or implicitly. This Site is provided "as is" and "as available" without any representation or endorsement made and we don't give any guarantee of any kind, whether express or implied or any transaction that may be carried out on or through this Site including, but not limited to, implied warranties of non-infringement, compatibility, security, accuracy, conditions of completeness or any implied warranties arising from course of dealing, use or trade. We do not guarantee that this Site will meet your requirements or be uninterrupted, timely, secure or error-free, that defects will be corrected, or that this Site or the server that makes it available are free of viruses, bugs, inaccuracies or reliability of the materials. To the extent permitted by applicable law, we disclaim all warranties of any kind, whether express or implied, with regard to products available through this site including, but not limited to, implied warranties of satisfactory quality and fitness for a particular purpose. You acknowledge that we cannot guarantee and therefore shall not be in any way responsible for the security or privacy of this site and any information provided to or taken from this site by you. You agree that, except for death and personal injury resulting from our negligence, we shall not be liable under contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent representations) in relation to this contract, for any economic loss (including, without limitation, loss of income, profits, contracts, business or anticipated savings), any loss of goodwill or reputation, any special, indirect or consequential loss in any case. Such losses were incurred by that party arising out of or in connection with the provisions of any matter under the Legal Terms.
Our request, you fully agree to defend, compensate and hold Paulita Errázuriz harmless from and against all liabilities, claims, expenses, damages and losses, including legal fees, arising from any violation of the Legal Terms by you or any other liability arising from your use of this site. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. This defense and compensation obligation shall survive these Legal Terms and your use of the Site and the Services.
16) DIGITAL MILLENNIUM COPYRIGHT ACT
If you are a copyright owner or an agent of a copyright owner and believe that any Content infringes your copyright, you may send a notice under the Digital Millennium Copyright Act ("DMCA") by providing the following information in writing: A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail address; A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Please contact our copyright agent as follows: Paulita Errázuriz Design Augusto Leguía Norte 100 office 1201, Las Condes, Chile. 7550155
GENERAL LEGAL TERMS
(A) (A) Complete Terms: The Legal Terms constitute the entire legal agreement between you and Paulita Errázuriz and govern your use of the Services and completely replace any prior agreements between you and Paulita Errázuriz in relation to the Services. Notwithstanding the foregoing, you understand that Paulita Errázuriz may from time to time amend the Legal Terms. When these amendments are made, Paulita Errázuriz will make a new copy of the Legal Terms available at www.paulitaerrazuriz.com. You agree that Paulita Errázuriz is under no obligation to provide you with notices of changes to the Legal Terms. You understand that it is your responsibility to check the Legal Terms regularly for changes. (B) Modifications to the Services: Paulita Errázuriz is constantly innovating to provide the best possible experience to its users. You acknowledge and agree that the manner and nature of the services Paulita Errázuriz provides may change from time to time without prior notice. Further, you acknowledge and agree that Paulita Errázuriz may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or users at Paulita Errázuriz's sole discretion without prior notice to you. (C) Confidentiality: You understand that Paulita Errázuriz grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating searchable indexes of the materials available for public consultation, but not catches or archives of such materials. Paulita Errázuriz reserves the right to revoke these exceptions generally or in specific cases. (D) Liability for non-compliance: You agree that you will comply with all provisions of the General Terms. You understand that you are solely liable for (and that Paulita Errázuriz has no liability to you or any third party) any failure to comply with your obligations under the General Terms and for the consequences including any loss or damage Paulita Errázuriz may suffer from such failure. (E) Non-Waiver of Rights: You agree that if Paulita Errázuriz exercises or enforces any legal right or remedy contained in the Legal Terms (or that Paulita Errázuriz has the benefit of any applicable law) that this shall not be deemed a formal waiver of Paulita Errázuriz's rights and that such rights or remedies shall continue to be available to Paulita Errázuriz. (F) Severability: If a court of law, which has jurisdiction to decide on this matter, determines that any provision of these Legal Terms is invalid, then such provision shall be removed from the Legal Terms without limiting the remainder. The remaining provisions of the Legal Terms shall continue to be valid and enforceable. (G) Governing Law: The Legal Terms and your relationship with Paulita Errázuriz under the Legal Terms shall be governed by the laws of Chile. You and Paulita Errázuriz agree to submit to the exclusive jurisdiction of the courts of such Country and waive any claim or defense of an inconvenient forum or lack of personal jurisdiction in such forum under any applicable law or decision or otherwise. (H) Violation of Legal Terms: Please report any violation of the Legal Terms by sending an email to firstname.lastname@example.org. (I) Independent Relationship: You and Paulita Errázuriz are independent contractors, and these Legal Terms, including but not limited to the submission or distribution of any Content you have created, shall not establish, in whole or in part, any partnership, employment, franchise or agency relationship between you and Paulita Errázuriz. Neither party shall have the right to bind the other or incur obligations on behalf of the other without the prior written consent of the other. Neither party is authorized to act as an agent or representative of the other or for or on behalf of the other party in any capacity not expressly set forth in the General Terms. Neither party shall in any manner whatsoever announce, represent or hold itself (or any of its agents) to be acting or authorized to act, or incur any obligation or liability on behalf of the other party, unless specifically provided for in the Legal Terms.