Terms and conditions

This website (hereinafter “website”) is owned by LORAINE STEPHANY HOLMES AMARAL SPA ., holder of all rights of industrialization, distribution and national and international marketing of the LORAINE HOLMES clothing brand and its products.

Terms applicable to 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, and apply to all purchases and activities carried out through the website.

Use of the website implies knowledge and acceptance of these terms and conditions, and those that LORAINE STEPHANY HOLMES AMARAL SPA may unilaterally establish in the future.

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

To allow users to more quickly familiarize themselves with these terms and conditions, they can consult the instructions for operating on the website by accessing the corresponding icon at the bottom of the home page.

The term “user” of the website refers to both registered users and unregistered visitors.

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 SPA , without the need for user consent. For ongoing transactions that began before the implementation of such modifications, the conditions in effect at the time of their commencement will remain in force, unless the modifications introduced are more favorable to the user.

As the sole and valid form of notification, LORAINE STEPHANY HOLMES AMARAL SPA will post a notice on the website for a reasonable period of time informing users of these changes. Notwithstanding the foregoing, users are responsible for reading these terms and conditions each time they access the website to verify their validity and/or whether modifications have been made.

3- Service interruption. Exclusion of liability.

LORAINE STEPHANY HOLMES AMARAL SPA reserves the right to interrupt, suspend or modify the services offered on the website at any time, whether permanently or temporarily, without requiring user consent or prior notice.

LORAINE STEPHANY HOLMES AMARAL SPA does not guarantee access to or the possibility of permanent use of the website, as it may be interrupted due to technical issues beyond its control.

LORAINE STEPHANY HOLMES AMARAL SPA does not commit to fulfilling any outstanding obligations at the time of suspension or interruption.

LORAINE STEPHANY HOLMES AMARAL SPA does not guarantee that the website is free of viruses or any other element that may damage or disrupt the normal operation of a computer. It is the user's sole responsibility and obligation to have the appropriate antivirus software and tools to detect, disinfect, and/or prevent any such elements and/or potential damage.

LORAINE STEPHANY HOLMES AMARAL SPA is not responsible for any damage that may occur to the computer equipment of users or third parties as a result of browsing the website, nor for direct or indirect, immediate or mediate damages and/or losses that may eventually be caused.

4 – Registration.

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

User registration is done through the website and is completely free of charge.

It is mandatory to complete the form in all fields with valid and truthful data, accurately and precisely. For the system to function correctly, users must keep their data up to date. LORAINE STEPHANY HOLMES AMARAL SPA may verify the user's identity and/or the accuracy of the data provided.

LORAINE STEPHANY HOLMES AMARAL SPA is not responsible for the veracity or accuracy of the data provided by users. Furthermore, LORAINE STEPHANY HOLMES AMARAL SPA 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 needing to state a reason.

Users will access their personal account (“account”) using a “username” and “password” that they must enter there. If the user forgets this information, LORAINE STEPHANY HOLMES AMARAL SPA offers a recovery service. To use this service, the user must click on the corresponding option and enter the email address they provided during registration. The system will then send their “username” and “password” to that email address.

Users must maintain the confidentiality of their username and password. Users are responsible for all use of their username and password and should be aware that if other people have or may in the future have access to the email account provided in the registration form, they could also request and/or learn their username and password. It is the user's sole responsibility to take appropriate measures to prevent this from happening. The user agrees to immediately and reliably notify LORAINE STEPHANY HOLMES AMARAL SPA of any unauthorized use of their username and/or password, and to indemnify LORAINE STEPHANY HOLMES AMARAL SPA in the event that this causes any damage to it and/or to third parties.

The data entered can be modified by the user whenever they wish.

The user can navigate the website, moving through any of its sections, and select the product they are interested in purchasing. Each item is identified with a reference number, image, description, available sizes and colors, and price. However, the photographs may show color variations compared to the actual items depending on monitor calibration and/or size according to perspective.

To make a purchase through the website, the user must choose the desired product and add it to the "shopping cart." Once all the desired products have been selected, the user must click on the "buy" button to view the order summary, where the total amount will be displayed. Verify the purchase order details and, if they are correct, click the "checkout" button. Once clicked, and if the user is not yet registered, they must enter their information where indicated on the "register" field. If the user has already made other purchases on the website, they must enter their email address and password in the corresponding fields as indicated on the website. The system will recognize this registration and display their personal information, order details, purchase date, and preferred payment method.

To make a purchase through the website, all users must register. The information provided will be stored in the LORAINE STEPHANY HOLMES AMARAL SPA database to facilitate and expedite future purchases. Registered users will also receive informational and/or promotional materials and publications from LORAINE STEPHANY HOLMES AMARAL SPA via email and/or postal mail to promote their products and/or events, unless the user chooses to unsubscribe from this service. In this case, the user must follow the instructions in section 6.

 

5 – Capacity.

To use the website's services, you must have the legal capacity to enter into contracts. Individuals who are legally incapacitated, those who have been suspended or disqualified, and minors may not purchase products on this site. Parents, guardians, or those responsible for minors or incapacitated individuals who use the website will be liable for such use, including any charges, billing, or damages arising therefrom.

6 – Personal data privacy policy. Security and processing.

To use the website efficiently and securely, users must provide certain information, including their first and last name, address, email address, and identity document number. Without this information, it is not possible to provide the services. Therefore, it is required that this information be true and accurate. The data collected in the corresponding forms will be incorporated into the general customer database of LORAINE STEPHANY HOLMES AMARAL SPA .

The personal information that users enter on the website will be treated confidentially, and LORAINE STEPHANY HOLMES AMARAL SPA will make every effort to protect their privacy. To this end, the “SHA-256” data encryption system will be used to ensure the legitimate and authorized use of the data and to secure its operation. However, users should be aware that the internet is not an impenetrable medium in terms of security.

Credit and debit card data and numbers are also encrypted to prevent them from being viewed and/or used by unauthorized persons.

The rights of access, information, rectification, cancellation and opposition of users with respect to the data stored and held by LORAINE STEPHANY HOLMES AMARAL SPA are ensured

 

Users may exercise the rights described whenever they wish, with their exercise being limited exclusively to the data subject through written and reliable communication to LORAINE STEPHANY HOLMES AMARAL SPA by mail or electronically to myorder@loraineholmes.com .

In the event of data cancellation, users are informed that this will result in their removal from the system.

In the event that data is required through the corresponding administrative or judicial channels, LORAINE STEPHANY HOLMES AMARAL SPA will disclose it to the requesting authority. To the extent permitted by law and procedural rules, LORAINE STEPHANY HOLMES AMARAL SPA will take steps to inform users of these requests.

7 – Truthfulness of the information provided.

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

8 – Suggestions and comments.

At 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, with or without modifications, without this in any case generating any right in favor of said user.

9 – Cookies.

The website may use a tracking system using "cookies" to make accessing information faster when moving from page to page. It also helps in some cases to identify users without having to ask for their password repeatedly.

These cookies are small files sent by the website and stored on the user's computer hard drive, taking up little space.

Users are advised that they can limit or restrict the storage of these "cookies" using their browser options, although completely restricting them is not recommended.

The system may collect information about users' preferences and interests. If this occurs, the information will be used exclusively for statistical purposes to improve the services provided on the website. LORAINE STEPHANY HOLMES AMARAL SPA will apply, to the extent reasonably possible, data anonymization procedures so that data subjects are unidentifiable.

 

10 – Availability and price of the products offered.

The prices of products offered on this website may not match those offered by physical stores or online platforms that carry the LORAINE STEPHANY HOLMES AMARAL SPA brand. The product range and stock availability at those locations may also differ.

11 – Validity of promotions.

In the case of promotions, these will be valid only for purchases made within the time period specified for that promotion. The specific terms and conditions of each promotion will be published on the website prior to its launch.

Promotions offered on the website may differ from those available in stores where the brand is present.

12 – Value Added Tax (VAT).

All prices shown on the website include VAT, unless otherwise stated.

13 – Guarantee and quality.

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

14 – EXCHANGES, RETURNS OR REFUNDS.

 

RIGHT OF WITHDRAWAL: If your product has not been used, is in perfect condition, has its original packaging and all its labels, you can request an exchange within a period of 30 calendar days starting from the date of issuance of your receipt.

WARRANTY: If your product had manufacturing defects, you can request a replacement within a period of up to 90 calendar days from the date of physical delivery of the product.

REFUNDS: To request a refund, you have 10 calendar days , starting from when you receive your purchase.

• If the product you purchased is not available for exchange and you wish to exchange it for another, you must pay the difference in value. The exchange must be for a different product and must be equal to or greater than the total value of your original purchase.

• All changes are subject to stock availability.

When a product was purchased during a sale or with a discount coupon and the exchange is only for a different size or color of the same product, the value of the product purchased on www.loraineholmes.com will be honored. Therefore, no difference should be cancelled.

LORAINE STEPHANY HOLMES AMARAL SPA will only cover the shipping costs for exchanges or returns if the item has a quality defect. In all other cases, the customer will be responsible for the shipping costs.

To make an exchange, return or refund, the customer must follow the steps described in 'Exchanges and Returns' or fill out the 'Returns Form'.

 

15 – Payment currency.

Users will be able to choose, through the respective command, to view product prices in Chilean pesos, the legal currency of the Republic of Chile.

Once the purchase order has been completed, and before making the payment, a final summary will be provided identifying the item(s) purchased and their total price (including shipping and taxes).

16 – Payment methods.

Payments can be made by credit and/or debit card and through the systems enabled by MercadoPago. LORAINE STEPHANY HOLMES AMARAL SPA may eventually enable other options to facilitate purchases for its customers.

It is possible to pay for products by credit card using the installment payment option 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 payment methods is subject to the amount being duly paid to LORAINE STEPHANY HOLMES AMARAL SPA

17 – Payment by credit and/or debit card

Payments can be made using the credit and/or debit cards listed on the website. These payments are protected by MercadoPago's privacy system, which securely encrypts data (TLS) in compliance with online security standards. This system is certified under PCI-DSS standards.

In the case of purchases made by credit card, these will be subject to prior authorization from the issuing bank or financial institution.

The security system employed safeguards all data that users submit over the internet, including all information provided when placing a purchase order (including their name, address and credit card number).

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

18 – Using the discount code

If the user has subscribed to the newsletter available on the website, they will receive a 10% discount on their first purchase. To use this discount, the user must enter the discount code they will receive at the email address provided.

Discount codes cannot be combined. Only one discount code can be applied per purchase.

 

19 – Shipping of products within the country.

Deliveries will be made to the address provided by the user. The accuracy and/or validity of this address is the sole responsibility of the user. Purchase orders will not be delivered to PO Boxes.

Delivery time depends on the location and distance of the delivery address, shipping times, and payment approval. Delivery times indicated in each case are estimates. Shipments are made throughout the Republic of Chile.

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

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

Approval times vary depending on the payment method. For credit cards, the user must verify that the information provided for authorization is correct.

Shipping time varies depending on the delivery destination.

20 – Ineffective schedules and shipments

Products will be delivered Monday through Friday, on business days, between 9:00 am and 6:00 pm. Users cannot choose the delivery time or day. However, users may make suggestions at the time of purchase, which we will try to accommodate.

If delivery cannot be completed because no one is available to receive the product during the specified time slot and at the address provided by the customer in the order, the carrier will make a second delivery attempt on the next business day to the same address and time slot. If this second delivery attempt is also unsuccessful, the order will be returned to LORAINE STEPHANY HOMLMES AMARAL SPA, with the return shipping costs borne by the customer.

21 – Delivery address.

The delivery address will be the one the user enters in the "address" field, which may differ from their actual home address. It is the user's responsibility to carefully complete and review the delivery information to ensure the purchase is shipped effectively and on time. We do not ship to PO Boxes.

22 – Inquiry about the status of the shipment.

The shipment status can be checked at any time using the order's tracking number. This tracking number will be sent by Shipit to the customer's email address after the purchase is completed. *This may take a few hours; it is not necessarily immediate.

23 – Billing

The corresponding receipt or invoice will be sent with the product, indicating the products purchased, the payment method and plan, and the currency used for the transaction. If the user wishes to receive the invoice at a different address, they can indicate this in the "billing information" field on the website, and it will be sent by mail to the address they provide.

24 – Cancellation of purchase orders.

The user may cancel a purchase order as long as it has not yet been shipped, in which case they must contact LORAINE STEPHANY HOLMES AMARAL SPA via email at myorders@loraineholmes.com . Once shipped, cancellations will not be accepted.

If the purchase order is cancelled in full, the price of the product will be refunded – if possible – using the payment method selected by the user, or a credit for the same amount will be issued for the purchase of another product, at the user's option. All costs incurred in reversing the purchase order and/or refunding the amounts paid are the sole responsibility of the user and will be automatically deducted from the amounts to be refunded or credited.

25 – Prohibitions.

Users are strictly prohibited from: a) sending files or any type of information whose content is illegal, obscene, abusive, defamatory, discriminatory, libelous, or contrary to public decency (this list is merely illustrative); b) sending files containing viruses or any other feature capable of damaging the operation of a computer, the website, or the system; c) using the website to violate any applicable law; d) providing false information when registering or making a purchase, or at any other time when any type of information or personal data is requested; e) offering products or services; f) using programs, software, or automatic or manual devices to monitor or copy information or any type of content from the website without the prior written consent of LORAINE STEPHANY HOLMES AMARAL SPA

26 – Declarations.

LORAINE STEPHANY HOLMES AMARAL SPA is not responsible for the accuracy of information added to the website by users and/or third parties. Nor is it responsible for information reproduced or communicated directly by website users without verification by LORAINE STEPHANY HOLMES AMARAL SPA. If any user is affected by the information referred to in the preceding paragraph, they must notify LORAINE STEPHANY HOLMES AMARAL SPA in a verifiable manner so that, if appropriate, the information can be removed.

27 – All rights reserved. Intellectual property.

All rights to this website are reserved and belong to LORAINE STEPHANY HOLMES AMARAL SPA . The content of this website, including but not limited to text, logos, graphics, and all design elements, as well as its database and software, is the property of LORAINE STEPHANY HOLMES AMARAL SPA, which has the right to use it under granted licenses, and is protected by current national and international intellectual property legislation.

If the user believes that the website violates or infringes in any way upon the intellectual property rights of third parties, they must notify LORAINE STEPHANY HOLMES AMARAL SPA at its registered office, attaching all the necessary information and documentation that supports the aforementioned consideration.

LORAINE STEPHANY HOLMES AMARAL SPA is the owner of all rights for industrialization, distribution and national and international marketing of all kinds of products under the clothing brand “Loraine Holmes”, a registered trademark.

28 – Company name and address.

LORAINE STEPHANY HOLMES AMARAL SPA has its registered office at Av. Presidente Riesco 5711, Office 301, Las Condes, Metropolitan Region, Santiago de Chile with RUT 76409963-K.

29 – Notifications.

All notifications and/or communications that must be made for the use of the website must be made in writing: (i) to the user: by email, to the email account provided by the user, or by reliable notification addressed to the address declared in the registration form; (ii) to LORAINE STEPHANY HOLMES AMARAL SPA by reliable notification addressed to its registered office.

30 – Advertisements and links.

When a user clicks on advertisements or third-party links and enters other sites that are not part of this website, they will be subject to the terms and conditions of those sites. The user should carefully read their access and usage policies.

LORAINE STEPHANY HOLMES AMARAL SPA does not guarantee the legality, currency, quality or usefulness of the content, operations and information communicated, reproduced and/or carried out on linked third-party sites, nor the absence of harmfulness in such content or services, therefore the user releases it from all responsibility for the content included in the aforementioned sites or the services provided or promoted therein.

31 – Territoriality, Applicable Law and Competent Jurisdiction.

These terms and conditions are governed, without exception and in all respects, by the laws of the Republic of Chile and shall be interpreted in accordance with 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 must contact LORAINE STEPHANY HOLMES AMARAL SPA in a verifiable manner, making their doubt or complaint known.

Any commercial relationship that may originate from or be derived from the website is governed by Chilean law, with Spanish being the official text.

In case of disputes regarding these terms and conditions, they will be resolved by the competent courts in the territory of the Republic of Chile.