This website (hereinafter "website") is the property of LORAINE STEPHANY HOLMES AMARAL S.P.A., owner of all the rights of industrialization, distribution national and international marketing of the clothing brand LORAINE HOLMES and its products.

Applicable terms for browsing the website www.loraineholmes.com and the services offered.

 

1- Acceptance and knowledge of the terms and conditions.

The terms and conditions set out below are mandatory and binding, applying to all purchases and activities made through the website.

The use of the website implies the knowledge and acceptance of such terms and conditions, and those that LORAINE STEPHANY HOLMES AMARAL S.P.A unilaterally may establish in the future.

If you do not agree with these terms and conditions, you must refrain from using the website and the services offered by it.

To allow users a quicker familiarization with these terms and conditions, they will be able to consult the instructions to operate on the website, accessing the corresponding icon at the bottom of the home page of the website.

By "user" of the website is understood both registered and mere visitors who were not registered.


 2- Modification of the terms and conditions.

These terms and conditions may be replaced or modified at any time at the sole discretion of LORAINE STEPHANY HOLMES AMARAL S.P.A, without the consent of the users. For ongoing transactions that have begun prior to the implementation of said modifications, the current conditions will remain at the time of their agreement, unless the modifications introduced are more convenient for the user.

As solely and valid notification, LORAINE STEPHANY HOLMES AMARAL S.P.A will post a notice on the website for a reasonable time informing users about the changes. Notwithstanding the foregoing, users are responsible for reading these terms and conditions each time they access the website in order to verify the validity  and / or if modifications have occurred.


3- Interruption of the service. Exclusion of responsibility.

LORAINE STEPHANY HOLMES AMARAL S.P.A. reserves the right to interrupt, suspend or modify at any time the services offered on the website, either permanently or temporarily, without requiring compliance by users or need to provide any prior notice. LORAINE STEPHANY HOLMES AMARAL S.P.A does not guarantee access or possibility of permanent use of the website, since this can be interrupted due to technical issues that are not related to the owner of the website. LORAINE STEPHANY HOLMES AMARAL S.P.A does not undertake to fulfill the services that were pending at the time of the suspension or interruption. LORAINE STEPHANY HOLMES AMARAL S.P.A does not guarantee that the website is free of virus or any other element that may damage or alter the normal functioning of a device. It is the sole responsibility and obligation of the user to have the appropriate antivirus and tools to detect, disinfect and / or prevent any type of elements and / or possible damages of this nature.

 

LORAINE STEPHANY HOLMES AMARAL SPA is not liable for any damage that may occur in the computer equipment of users or third parties as a result of browsing the website, or for direct or indirect damages, or indirect or immediate, that may eventually be caused.


4 - Registration.

Users can freely browse the website, but must be registered to make a purchase or use the services offered in it.

The registration of users is done through the website and has no cost.

It is mandatory to complete the form in all fields with valid and true data, in an exact and accurate manner. For a correct operation of the system it is necessary that users keep their data updated. LORAINE STEPHANY HOLMES AMARAL S.P.A may verify the identity of the user and / or the veracity of the consigned data.

LORAINE STEPHANY HOLMES AMARAL S.P.A is not responsible for the veracity or accuracy of the data provided by users. Likewise, LORAINE STEPHANY HOLMES AMARAL S.P.A reserves the right to temporarily or permanently suspend users as well as to reject registration requests at any time, at its sole discretion and without the need for a statement of cause.

 

Users will access their personal account ("account") through a "username" and a "personal password" that must be recorded there. In case these data are forgotten by the user, LORAINE STEPHANY HOLMES AMARAL S.P.A has a help service to recover them. For this, the user must "click" on the corresponding option and enter the e-mail address provided at the time of registration. At the end, the system will send your "username" and the "personal password" to that email

.

Users must maintain the confidentiality of their "username" and "personal password". The users are responsible for the use made of their "username" and "personal password", and must keep in mind that if other people have or may have in the future access to the e-mail account consigned as their own in the "Registration form", these may also request and / or get to know your "username" and "personal password". It is the exclusive obligation of the user to take the necessary measures so that this does not happen. The user agrees to immediately and irrefutably notify LORAINE STEPHANY HOLMES AMARAL SPA of any unauthorized use of his / her "username" and / or "personal password", and to keep LORAINE STEPHANY HOLMES AMARAL SPA harmless in the event that this will cause some damage to the brand or third parties.


The data entered can be modified by the user at any time. The user can browse the website by moving through any of its sections and can choose the product that is interested in acquiring. All articles are identified with reference, image, description, sizes, available colors and price. However, the photographs may show variations of color in relation to the articles depending on the monitor's calibration and / or size according to perspectives.

To purchase through the website, the user must choose the product they want and add it to the "shopping cart". Once you have selected all the products you wish to purchase, you must click on the "buy" button to view the summary of your order, where the total amount will appear. Corroborate the details of your purchase order and if they are correct press the "end purchase" button. Once clicked, and in the case that the user is not yet registered, you must enter your information where "register" is indicated. If you have already made more purchases on the website, you must enter your email account and password in the corresponding spaces as indicated on the website. Within this space the system will recognize this registration and display on the screen your personal data, the information of your order, the date of purchase and the form of payment you wish to select.

To make a purchase through the website, all users must register. The information provided will be stored in the LORAINE STEPHANY HOLMES AMARAL S.P.A database in order to make your next purchases easier and faster. In addition, registered users will receive by email and / or post information and publications of LORAINE STEPHANY HOLMES AMARAL SPA of informative and / or promotional nature with the aim of publicizing their products and / or events, unless the user decides voluntarily unsubscribe from this publication service. In this case, the user should follow the instructions indicated in point 6.


5 - Capacity.

To use the services of the website, you must have the legal capacity to contract. Incapacitated, who have been suspended or disabled, or minors may not purchase products on this site. Parents, guardians or persons responsible for minors or incapacitated who use the website will be responsible for said use, including any charge, billing or damage that may arise from it.-


6 - Personal data privacy policy. Security and treatment

In order to use the website efficiently and safely, users must provide certain information, including their first and last name, address, e-mail account, and identity document, without which it is not possible to provide the services. For this reason, they must be true and accurate. The data collected in the corresponding forms will be incorporated into the general customer base of LORAINE STEPHANY HOLMES AMARAL S.P.A-

The personal information that users enter on the website will be treated confidentially and LORAINE STEPHANY HOLMES AMARAL S.P.A will do its best to protect the privacy of the same. For this, the "SHA-256" data encryption system will be used in order to ensure the legitimate and authorized use thereof and ensure the operation. Notwithstanding the foregoing, the user must keep in mind that the internet is not an impregnable means of security.

The data and numbers of credit and debit cards are also encrypted to avoid being seen and / or used by unauthorized persons.

The rights of access, information, rectification, cancellation and opposition of users with respect to the stored data are assured by LORAINE STEPHANY HOLMES AMARAL S.P.A.

 

Users may exercise the described rights when they wish, their exercise is limited exclusively to the owner of the data through reliable and written communication to LORAINE STEPHANY HOLMES AMARAL S.P.A by regular post or electronically to myorder@loraineholmes.com.

In the event of data cancellation, it is reported that this will lead the users to leave the system.

In the event that the data of any user is required by any administrative or judicial authority, LORAINE STEPHANY HOLMES AMARAL S.P.A will disclose them. LORAINE STEPHANY HOLMES AMARAL S.P.A will take measures to inform users about these requirements if law procedures permit it.

 

7 - Veracity of the information provided.

In case of fake data provided by the user, the user and owner of the data will be solely responsible for the damages that this action may cause.

 

8 - Suggestions and comments.

To the sole and exclusive discretion of LORAINE STEPHANY HOLMES AMARAL SPA the suggestions and comments made by the user may or may not be taken into account, implemented or adapted, without generating any right in favor of such user .-

 

9 - Cookies.

The website can use a tracking system through "cookies", so that access to information, when going from page to page, is made more quickly. It also helps in some cases to identify users, without having to ask them for the access key again and again.-

These cookies are small files that the website sends and stored on the hard disk of the user's computer, occupying little space.-

Users are informed that by using their browser options they may limit or restrict the hosting of these "cookies" according to their will, although it is inadvisable to restrict them completely.-

The system may collect information about the preferences and interests of users. In the event that this occurs, the information will be used exclusively for statistical purposes to improve the services provided on the website. LORAINE STEPHANY HOLMES AMARAL S.P.A will apply, to the extent that it is reasonably possible, procedures for decoupling the information so that the owner of the data is unidentifiable.

 

10 - Availability and price of the products offered.

The price of the products offered on the website may not coincide with those offered by other platforms that have the brand property of LORAINE STEPHANY HOLMES AMARAL S.P.A. They may not coincide with the variety of products and quantities of stock in them.

 

11 - Validity of promotions.

In the case of promotions, these will be valid only within the period of time fixed for such promotion. The particular terms and conditions of each promotion will be fixed prior to each of them through communication on the website.

The promotions made on the website may differ from those that exist in the stores where the brand is present.

 

12 - Value Added Tax

All prices expressed on the website include this tax unless otherwise indicated.

 

13 - Guarantee and quality.

The products offered on this website have been selected from the brand's collection, so they maintain the same standard of quality and guarantee as the items intended for sale to the public physically or on other platforms.

 

14 - Exchange or return of products.

Any item purchased allows the return or exchange for another item or price refund for its value within 30 calendar days from the date of receipt of the product.

Changes or refunds will only be valid if the item is in its original state with the brand's label, ticket and packaging.

To change or return any purchased product, the user should contact us by sending an email to

myorder@loraineholmes.com indicating in the subject of the mail the order / order number. In addition, you must indicate the details of the user who placed the order: name, surname, address and telephone number.

LORAINE STEPHANY HOLMES AMARAL S.P.A will only be responsible for the cost of sending the change or return in case the item has a quality defect. In all other cases, the cost of the shipment will be supported by the customer.

15 - Payment currency.

Users may choose, through the respective command, to view the prices of the products in Chilean pesos, legal currency of the Republic of Chile. Once the purchase order is completed, and before making the payment, a final summary will be provided identifying the item (s) purchased and its total price (including transportation and taxes).  

 

16 - Means of payment.

Payments can be made with a credit and / or debit card and by the systems enabled by MercadoPago. LORAINE STEPHANY HOLMES AMARAL S.P.A may eventually enable other options to facilitate the purchases of their products. There is the possibility of paying the products by credit card using the installment method when indicated on the website. In any case, the terms and conditions applied by the banks that issue the credit and / or debit cards used for the transactions will govern the payment methods. The validity of all means of payment is subject to the amount being paid to LORAINE STEPHANY HOLMES AMARAL S.P.A


17 - Payment by credit card and / or debit card

Payments can be made through the credit and / or debit cards indicated on the website, which will be protected by MercadoPago's privacy system that encrypts data securely (TLS) complying with online security standards. This system is certified by the PCI-DSS standards.

In case of a purchase made by credit card, it will be subject to prior authorization from the bank or financial institution issuing the same.

The security system used safeguards all data that users send online, including all information provided when making a purchase order (including your name, address and credit card number) .-

LORAINE STEPHANY HOLMES AMARAL SPA reserves the right at all times to check the personal data provided by the customer and take the appropriate measures (including cancellation of the order if necessary) in order to help prevent fraud through the Internet, and to ensure that, in any case, the products acquired are delivered according to the information indicated in the order.


18 - Use the code of discount

In the event that the user has registered to the newsletter available on the website, they will have a 10% discount on their first purchase. To use this discount, the user must enter the discount code sent to the email address indicated.

Discount codes are not cumulative. It will be possible to apply only one discount code promotion per purchase.

 

19 - Shipping of products within the country.

Deliveries will be made at the address indicated by the user. The veracity and / or validity of it is the sole responsibility of the user. Purchase orders will not be delivered in mailboxes (P.O.Box) .-

The delivery time depends on the location and distance of the delivery address, the delivery times and the approval of the means of payment. The delivery times indicated in each case are estimated. Shipments are made throughout the Republic of Chile.-

When making a purchase the user will receive in his email box a confirmation that the order has been accepted, along with an order number and an estimated delivery date.

In order to ensure maximum efficiency in deliveries, these are made through the company Shipit. LORAINE STEPHANY HOLMES AMARAL S.P.A reserves the right to unilaterally modify the company or means of transport, at its sole discretion and without prior notice.

The approval time varies according to the means of payment. In the case of credit cards, the user must verify that the data provided to obtain the authorization are correct.-

The shipping time varies according to the destination where the delivery is requested.


20 - Timetables and non-effective shipments

The products will be delivered Monday through Friday, on business days, between 9:00 a.m. and 6:00 p.m. Users can not choose the time nor the day they will be delivered nor the products purchased. However, at the time of purchase, users can make delivery suggestions which will try to be respected. In the case of non-effective delivery of the order because there is no person receiving the product at the indicated address and the fixed time, the carrier will try a second delivery attempt the next business day at the same address indicated and during the same schedule. However, if this delivery attempt is non-effective, the carrier will return the product to the headquarters of LORAINE STEPHANY HOMLMES AMARAL S.P.A with the cost of returning supported by the customer.


21 - Delivery address.

The address where the product will be delivered will be the one that the user indicates in the "address" field, which may not coincide with his real address. It is the responsibility of the user to complete and carefully review the information related to the delivery, so that the shipment of the purchase is made in an effective and timely manner. No shipments are made to mail boxes (P.O. Box).


22- Shipment status.

The tracking of the order can be consulted at any time on the website indicating the purchase order number.

 

23 - Billing.

Along with the product, the corresponding invoice will be sent, indicating the products purchased, the form and payment plan, and the currency used for the transaction. In the event that the user wishes to receive the invoice at another address, this can be indicated it in the field corresponding to "billing information" of the website and this will be sent to the address indicated.-

 

24 - Cancellation of purchase orders.

The user can cancel a purchase order as long as it has not yet been dispatched, in which case the user must contact LORAINE STEPHANY HOLMES AMARAL S.P.A at myorders@loraineholmes.com. Once the product is dispatched, cancellations will not be accepted.

If the cancellation of the purchase order is total, the user could choose between the refund of the price of the product, which will be refunded - if possible - by the same means of payment selected by the user, or the customer will be awarded with a credit for the same amount to be used for the purchase of another product. All costs demanded by the cancellation of the purchase order and / or refund of the amounts are at the user's expense and will be automatically deducted from the amounts to be refunded or credited.


25 - Prohibitions.

Users are strictly prohibited from: a) sending files of any type or any information whose content is illegal, obscene, abusive, defamatory, discriminatory, injurious or contrary to good morals (this list is merely exemplary); b) send files that contain viruses or any other feature capable of damaging the operation of a computer, website or system; c) use the website to violate any type of current norm; d) consign false information at the moment of registering or making a purchase, or any other time when any type of information or personal data is required; e) offer products or services; f) use programs, software or automatic or manual devices to monitor or copy the information or any other content of the website without the prior written consent of LORAINE STEPHANY HOLMES AMARAL S.P.A.


26 - Declarations.

LORAINE STEPHANY HOLMES AMARAL S.P.A is not responsible for the veracity of the information incorporated into the website by users and / or third parties. Neither is liable as soon as it has been reproduced or communicated directly by the users of the website without verification by LORAINE STEPHANY HOLMES AMARAL SPA. If any user is affected by the information referred to in the previous paragraph, you must inform LORAINE STEPHANY HOLMES AMARAL SPA by reliable means so that we proceed to its suppression of it.-


27 - All rights reserved. Intellectual property.

All rights of this website are reserved and correspond to LORAINE STEPHANY HOLMES AMARAL S.P.A. The content of this website, including but not limited to text, logos, graphics, and the entire design, as well as its database and software, is owned by LORAINE STEPHANY HOLMES AMARAL SPA who is the only entitled to use through license of use, and is protected by current national and international legislation on intellectual property.

If the user considers that the website is violating any intellectual property rights of third parties, he must notify LORAINE STEPHANY HOLMES AMARAL S.P.A at its registered office, accompanying all the necessary information and documentation that supports its consideration.

LORAINE STEPHANY HOLMES AMARAL S.P.A is the owner of all rights of industrialization, distribution, marketing in a national and international scope of all kinds of products under the brand "Loraine Holmes", registered trademark.


28 - Corporate name and address.

LORAINE STEPHANY HOLMES AMARAL S.P.A. is headquartered at Av. Presidente Riesco 5711, Office 301, Las Condes, Region Metropolitana, Santiago de Chile with 76,409,963-K R.U.T.

 

29 - Notifications.

All communications to be made by the use of the website shall be written: (i) the user: by e-mail to the address account entered in the registration form or by him or by due notification to the address stated on the form registration; (ii) to LORAINE STEPHANY HOLMES AMARAL S.P.A through reliable notification addressed to its registered office.


30 - Advertising and links.

When the user "clicks" on advertisements or links to third parties and enters other sites that are not part of the website the user is subject to the terms and conditions of such sites. The user must read carefully its access and use policies.

LORAINE STEPHANY HOLMES AMARAL SPA does not guarantee the legality, timeliness, quality and usefulness of the content, operations and information communicated, reproduced and / or made on linked third sites nor the absence of harmfulness of such content or services, so the user exempts it from any responsibility for the contents included in the referred sites or the services offered or promoted therein.-


31 -Territoriality, applicable law and competent jurisdiction.

These terms and conditions are governed, without exception and in all points, by the laws of the Republic of Chile and will be interpreted according to them.-

In case of any doubt, difference, disagreement or conflict arising from the interpretation, validity, scope and / or application of these terms and conditions, users should contact LORAINE STEPHANY HOLMES AMARAL S.P.A in a reliable manner, sending their questions or claims. All commercial relationships that may originate or derive from the website are governed by Chilean legislation, with Spanish being the official text. In case of disputes regarding these terms and conditions, these will be resolved by the competent courts in the territory of the Republic of Chile.