Terms and Conditions

1. Identification and Contact Details.

Falabella S.A. (“Falabella”) maintains this website: https://www.falabellaus.com (the “Site”) for general information and communication purposes only.  The following are Falabella’s details for contact:

contact@Falabella.com

 

2. Acceptance by User.

All the information on this Site is published in good faith.  Please be informed that your access, browse, use of the Site, and your subscription to any Falabella services or purchase of Falabella products is subject to the following terms and conditions (“Terms and Conditions”) and all applicable laws.

Falabella reserves the right to revise these Terms and Conditions at any time.  As such, you should check these Terms and Conditions periodically.  If you access the Site after we have posted changes to these Terms and Conditions, such access shall constitute your acceptance of those changes, whether or not you actually reviewed them.  At the bottom of this page, we will notify you of the date these Terms and Conditions were last updated.

3. Access to Site and Passwords.

Generally, you do not need to subscribe or register in order to use and browse our Site.  However, we may require your registration if you wish to use certain services or contents.  Such registration may be subject to specific terms of registration with which you must comply.  

Browsing, access and security.

Accessing and browsing this Site implies acceptance and knowledge of the legal warnings, terms and conditions of use contained therein. Falabella makes its maximum effort to ensure that access to and browsing this Site are carried out under the best conditions, avoiding damages of any kind that may be caused during the same.

Falabella does not warrant that access to this Site will be uninterrupted or error-free, and is not responsible for performance failures, omissions, service interruptions, defects, transmission delays or connection line failures nor does any representations or warranties that the content or software that may be accessed through this Site will be error-free or will not cause damage.

Falabella makes its maximum effort to ensure that this Site does not contain any computer virus that may cause harm to Users. Notwithstanding these efforts, Falabella declares that it is impossible to guarantee at all times that this Site will be free of computer viruses, and therefore, in no event shall Falabella be        be for any loss, damage or harm of any kind arising from access to and use of this Site including, but not limited to, any loss, damage or injury caused to computer systems or caused by the introduction of viruses.    

Falabella shall not be liable for any damages that may be caused to Users by improper use of this Site.

4. Proper Use of the Site.

While using our Site, you agree NOT TO violate any law, contract, intellectual property or other third-party right or commit a tort, and that you are solely responsible for your conduct while on the Site.

You agree that you will comply with these Terms and Conditions and will not:

1. create, upload, transmit, distribute, or store any content that is inaccurate, unlawful, infringing, defamatory, obscene, pornographic, invasive of privacy or publicity rights, harassing, threatening, abusive, inflammatory, or otherwise objectionable;
2. impersonate any person or entity, falsely claim an affiliation with any person or entity, or access the accounts of others without permission, forge another person’s digital signature, misrepresent the source, identity, or content of information transmitted via the Site, or perform any other similar fraudulent activity;

iii. use the Site for any illegal purpose, or in violation of any local, state, national, or international law or regulation, including, without limitation, laws governing intellectual property and other proprietary rights, data protection and privacy.

5. Termination of Usage.

We may terminate your access or suspend at any time your right to access to all or part of the Site, without notice, for any conduct that we, in our sole discretion, believe is in violation of any applicable law, is in breach of these Terms and Conditions or is harmful to the interests of other users or us.  In addition, we reserve the right to refuse an order from any customer in our sole discretion.

6. Third-Party Links.

Falabella is not responsible for the content of any sites that may be linked to or from the Site or any bulletin board associated with us or the Site.  These links are provided for your convenience only and you access them at your own risk.  Unless otherwise noted, any other website accessed from the Site is independent from us, and we have no control over the content of that other website.  In addition, a link to any other website does not imply that we endorse or accept any responsibility for the content or use of such other website.

In no event shall any reference to any third party or third-party product or service be construed as our approval or endorsement of that third party or of any product or service provided by a third party.

7. Copyright and Licenses.

Everything contained in this Site is proprietary information of Falabella (or third-parties from whom Falabella has obtained appropriate consent), which owns the intellectual property rights and materials on the Site.  You may not use or link any information or materials on this Site without the written permission of Falabella, except as expressly provided in these Terms and Conditions or within the text of the Site.

You may freely browse the Site, but your accessing, downloading and/or using of any information from this Site, including, but not limited to, any text, images, audio, and video, is limited to your own personal use.

Nothing in this Site shall be deemed to constitute, by implication or otherwise, the grant of any license or right to use any of Falabella’ intellectual property rights, and/or any information or materials herein contained.  Therefore, you are not allowed to, without written permission of Falabella, distribute, modify, transmit, reuse, repost, or use the information contained herein for any commercial purpose, unless expressly provided in these Terms and Conditions or within the text of the Site.

8. Disclaimers and Limitations of Liability

Falabella has made this Site in good faith to offer its consumers and to general public quality, reliable and safe services so the Site is provided on an “AS IS,” “as available” basis.  Falabella does not warrant that your use of the Site will be uninterrupted or error-free.  Falabella does not warrant the accuracy, integrity, or completeness of the content provided on the Site, or the products or services offered on the Site.  Falabella specifically disclaims warranties of any kind, whether expressed or implied, including but not limited to warranties of title, implied warranties of merchantability or warranties of fitness for a particular purpose.  No oral advice or written information given by us shall create a warranty.  You expressly agree that your access to, viewing of, browsing, visiting or use of the Site is at your sole risk.

Consequently, the user accepts the provision of the service of this Site under the conditions in which they are effectively delivered and personally assumes the consequences of his decision to make use of it.

Falabella does not guarantee in any case:

1. The accuracy or truthfulness of any information contained on the Site
2. The availability, continuity, accessibility, functioning, operability or quality of the Site
3. The lawfulness, reliability, quality, usefulness or truthfulness of the information, the absence of viruses or other harmful of the Site
4. The veracity or validity or authenticity of information of the personal data provided by users.

Compliance, by users, with law, terms and conditions of use, public morality, good customs or public order, in the access or use that they make of the Site

Under no circumstances shall Falabella be liable for any direct, indirect, incidental, special, or consequential damages that result from your use of or your inability to use the Site, whether due to a server failure or any other reason, and whether or not attributable to us, including but not limited to reliance by a user on any information obtained at the Site, or that result from mistakes, omissions, interruptions, deletion of files or e-mail, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction or unauthorized access to our records, programs or services.  

In addition, links and hyperlinks do not imply any responsibility for Falabella or approval by Falabella of the information contained therein; links and hyperlinks to other Internet sites are at your own risk; Falabella does not investigate, verify, control or endorse the content, accuracy, legality or opinions expressed in other links provided by these sites.    

Falabella guarantees the confidentiality of user’s personal information, which will only be used according to its Privacy Policy

The foregoing limitation of liability shall apply whether in an action at law, including but not limited to contract, negligence, or other tortious action; or an action in equity, even if one of our authorized representatives have been advised of or should have knowledge of the possibility of such damages.  You hereby acknowledge that this paragraph shall apply to all content, merchandise and services available throughout the Site. 

9. Usage by Minors

This Site is not intended for or directed to persons who are minors.  Because we cannot prohibit minors from accessing the Site, we must rely on parents, guardians and those responsible for supervising minors to decide which materials are appropriate for minors to view and/or purchase.  By registering with this Site, purchasing products or services from us or providing us with any information, you represent to us that you are legally permitted to enter into a binding contract (18 years of age or older in most jurisdictions) or, if you are under the legal age of consent, you have the express permission from your parent or guardian and that any information you provide to us is not inaccurate, deceptive or misleading.

10. Applicable Law

You agree that the laws of the State of Florida, United States of America, without regard to principles of conflict of laws, will govern these Terms and Conditions and any dispute of any sort that might arise between you and Falabella.

11. Disputes

Any dispute relating in any way to your visit to the Site, to these Terms and Conditions, or to our Privacy Policy shall be submitted to confidential arbitration in Miami, Florida, United States of America.  Arbitration shall be conducted in English, under the rules then prevailing of the American Arbitration Association, by one arbitrator only.  The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction.  To the fullest extent permitted by applicable law, no arbitration shall be joined to an arbitration involving any other party subject to these Terms and Conditions, whether through class arbitration proceedings or otherwise.

These Terms and Conditions were last revised and updated on 12.6.21