Customer Privacy & Terms

TERMS AND CONDITIONS OF USE


COMPANY INFORMATION


Raul Peñaranda LLC
Telephone 917.828.5438


Welcome to the raulpenaranda.com website (the “Website”). USERS SHOULD READ THE FOLLOWING TERMS CAREFULLY BEFORE CONSULTING OR USING THIS WEBSITE.


The use of this Website is governed by the following terms and conditions of use (hereinafter the “Terms and Conditions of Use”). By entering this Website, you unconditionally agree to comply with and be bound by the following Terms and Conditions of Use, and when you make an online purchase on this Website, the relevant Terms and Conditions of Sale. If you do not accept all the Terms and Conditions of Use, please exit this Website immediately. This Website is operated by Raul Peñaranda LLC (hereinafter “Raul Peñaranda LLC”), a New York corporation having its principal place of business at 247 West 37th St. New York, NY 10018. Raul Peñaranda LLC reserves the right to modify the Terms and Conditions of Use of the Website at its sole discretion, at any time and without notice. The use of the Website after such modifications implies full acceptance of the Terms and Conditions of Use in their amended version.


OTHER WEBSITE POLICIES


Please review our Terms and Conditions of Sale, Return Policy and Privacy Policy (collectively, the “Website Policies"). All Website Policies are incorporated in these Terms and Conditions of Use by this reference and, therefore, apply to your access to, use of and purchase of products from the Website. If you do not agree to our Website Policies, please do not use the Website. We reserve the right to make changes to the Website, the Website Policies, and these Terms and Conditions of Use at any time.


If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.


ENTIRE AGREEMENT


These Website Policies and all other policies or operating rules posted on this Website constitute the entire agreement between the user and Raul Peñaranda LLC with respect to this Website and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written with respect to this Website. A printed version of these Terms and Conditions of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms and Conditions of Use to the same extent and subject to the same conditions as

other business documents and records originally generated and maintained in printed form. Any rights not expressly granted herein are reserved.


PURCHASE FOR PERSONAL USE ONLY


You may purchase products on the Website only for personal use and not for resale. By placing your order, you certify that you are purchasing products for personal use only and not for resale and you accept our Terms and Conditions of Sale. WE RESERVE THE RIGHT TO REFUSE ORDERS FOR ANY REASON WITHOUT EXPLANATION.


INTELLECTUAL PROPERTY RIGHTS


This Website as a whole and all material on this Website, as well the “Raul Peñaranda” trademark, are owned and registered by Raul Peñaranda LLC.


Unless otherwise indicated, all content on the Website, including  images, pictures, dialogues, music, sounds, videos, documents, drawings, figures, logos, menus, web pages, graphics, colors, schemes, tools, fonts, designs, diagrams, layouts, methods, processes, functions and software (collectively, the "Content"), is the property of Raul Peñaranda LLC or its content suppliers and is protected by national and international copyright and other intellectual property laws, including, but not limited to, rights in the nature of patent rights, copyrights, trade secrets, trade names, trademarks, service marks, moral rights, know-how and any other similar rights recognized under laws or international conventions in any country or jurisdiction in the world.


All trademarks and logos, whether registered or not, displayed on the Website, as well as all the other distinctive connected marks, are the exclusive property of Raul Peñaranda LLC. The trademarks may not be used in any manner that is likely to cause confusion to, or in any manner that disparages or discredits, Raul Peñaranda LLC. Infringement of any Raul Peñaranda LLC trademark is not permitted.


All materials contained in this Website, except for the “e-store” section, are displayed for informational or promotional purpose only. The Website may be accessed solely for your own personal use and not for business reasons. You agree not to use, display, reproduce, retransmit, modify, distribute, disseminate, sell, publish, create derivative works of, broadcast, circulate, display or in any way exploit any such content, in whole or in part, whether by email or by any other means, for any purpose other than for your personal, non-commercial use as set forth herein.


No right, title and/or interest deriving from or pertaining to the Content, material or software of the Website may be deemed assigned to or acquired by you as a result of your use of the Website.  You agree to accept and abide by all copyright or trademark notices and other notices contained on the Website and in the Content. All rights are reserved in all countries worldwide.


Raul Peñaranda products are sold exclusively at prestigious multi-brand stores and points of sale belonging to Raul Peñaranda LLC’s selective retail network, and in the “e-store” section of the Website which is only available in certain countries, as better specified on the Website. Any purchase outside of these points of sale is entirely at the purchaser’s risk, in particular with regard to the authenticity of any such purchased items.


Product designs included on this Website are owned by Raul Peñaranda LLC and/or its licensors and are protected by copyright laws and/or design patents. You are not allowed to use any product designs without Raul Peñaranda LLC’s express written agreement.


LICENSE AND WEBSITE ACCESS


We grant you a limited license to make personal use of this Website. This Website and its Contents the exclusive property of and owned by Raul Peñaranda LLC or its content providers and is protected by copyright, trademark and other applicable laws as outlined above. You may access, copy, download and print the material contained on the Website for your personal and non-commercial use, provided you do not modify or delete any copyright, trademark or other proprietary notice that appears on the material you access, copy, download or print. The grant to you of a limited license to use this Website does not include any resale or commercial use of the site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Website or its Content; or any use of data mining, robots, or similar data gathering and extraction tools.


You may not use contact information provided on the Website for unauthorized purposes, including marketing. You may not use any hardware or software intended to damage or interfere with the proper working of the Website or to surreptitiously intercept any system, data or personal information from this Website. You agree not to interrupt or attempt to interrupt the operation of the Website in any way. You will be solely responsible for all damages and other harm resulting from your use of the Website and the Content. Raul Peñaranda LLC shall not be deemed liable for any use of the Website and the Content made by you in violation of any applicable laws and regulations and these Terms and Conditions of Use.


DISCLAIMER


THIS WEBSITE AND ITS CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. RAUL PENARANDA LLC MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION AND AVAILABILITY OF THIS WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS PRESENTED ON THE WEBSITE.TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, RAUL PENARANDA LLC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. RAUL PENARANDA LLC DOES NOT WARRANT THAT THIS WEBSITE, ITS CONTENT, ITS SERVERS OR EMAIL SENT FROM RAUL PENARANDA LLC IS FREE FROM HARMFUL VIRUSES, ERRORS, OR OTHER HARMFULL COMPONENETS. USE OF THIS WEBSITE IS AT YOUR OWN RISK.


Raul Peñaranda LLC cannot guarantee that the information on this Website is complete, accurate and constantly up to date and that the Website does not contain any imperfections or that these imperfections will be corrected. Raul Peñaranda LLC is not responsible for errors or omissions relating to pricing, text, or any other content on this Website, or any damage caused by or arising from any user's reliance on information obtained from or through this Website. It is your responsibility to evaluate the information and other content available through this Website.


Therefore, by using this Website, you bear all risks connected with such use, holding Raul Peñaranda LLC harmless from any damage deriving or caused by the use of this Website.


CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.


Raul Peñaranda LLC reserves the right to modify or discontinue the Website (or any part thereof) at any time, temporarily or permanently, with or without notice. You agree that Raul Peñaranda LLC shall not be liable to you or any third party for any modification, suspension or discontinuance of the Website.


SUBMISSIONS


We welcome your comments and feedback regarding the Website, our products and our services. We do not, however, accept confidential or proprietary information. Accordingly, all comments, feedback, reviews, ideas, suggestions, materials, images, information and other submissions (collectively, the “Submissions”) disclosed, submitted or offered to the Raul Peñaranda LLC via the Website, or otherwise, are not confidential. All submissions become Raul Peñaranda LLC’s property upon submission to Raul Peñaranda LLC. By making a Submission to Raul Peñaranda LLC, you assign to Raul Peñaranda LLC all rights, title and interests, including copyrights, in the Submission. Raul Peñaranda LLC has and will have no obligation: (i) to keep any Submission confidential; (ii) to pay you or anyone any compensation for any Submission or for using a Submission; (iii) to respond to or acknowledge any Submission. You represent and warrant that any Submissions that you submit to Raul Peñaranda LLC are made in compliance with applicable laws, do not violate any right of any third party, including, but not limited to, copyright, trademark, patent, trade secret, privacy or other personal or proprietary rights.  By making a Submission, you grant Raul Peñaranda LLC a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub licensable right to use, reproduce, modify, adapt, publish, translate, create derivative work from, distribute, display such Submissions throughout the world in any media. You are and shall remain solely responsible for any Submissions you disclose, submit or offer to the Raul Peñaranda LLC.


PRIVACY AND SECURITY


Transmission of data over the Internet is never guaranteed to be completely secure. It is possible that third parties not under the control of Raul Peñaranda LLC may be able to access or intercept transmissions or private communications without Raul Peñaranda LLC’s permission or knowledge.


Raul Peñaranda LLC takes all steps possible to protect your personal information. However, we cannot ensure or warrant the security of any information you transmit to us. Such transmissions are done at your own risk and Raul Peñaranda LLC cannot be held liable for any breach of security which is not directly attributable to Raul Peñaranda LLC’s negligent behavior.


Please refer to the Privacy Policy, which are incorporated in these Terms and Conditions of Use, to understand our practices.


LINKS TO OTHER WEBSITES


The Website may contain links to third-party websites. These websites may contain and be governed by their own terms and conditions of use or no terms and conditions at all. Raul Peñaranda LLC has no responsibility for those websites and provides these links solely for the convenience of its users. Such links may be to advertisers, content providers or other companies who may use our logo and/or style as a result of a co-branding agreement. These websites may send their own cookies to you and may collect and use information in a way that is inconsistent with these Terms and Conditions of Use. Raul Peñaranda LLC cannot control these websites and external sources. We have not necessarily reviewed all the information on those other websites and are not responsible for the content of those or any other websites or any products or services that may be offered through those or any other websites. Inclusion of links to other websites should not be viewed as an endorsement of the content of linked websites. Different terms and conditions may apply to your use of any linked websites and Raul Peñaranda LLC is not responsible for any losses, damages or other liabilities incurred as a result of your use of any linked websites.


LINKING TO THIS WEB SITE


Creating or maintaining any link from another website to any page on this website without our prior written permission is prohibited. Running or displaying this website or any material displayed on this website in frames or through similar means on another website without our prior written permission is prohibited. Any permitted links to this website must comply with these terms and conditions of our permission as well as all applicable laws, rule and regulations.


INDEMNIFICATION


You agree to indemnify and hold harmless Raul Peñaranda LLC from all damages, costs, liabilities, suits, judgments, penalties, expenses, obligations, losses, claims, actions, costs and expenses (including, but not limited to, attorneys’ fees and expenses), relating to or arising out of any information submitted by you or actions taken by you in connection with this Website or any breach of the Website Policies.


GOVERNING LAW AND CHOICE OF FORUM


These Terms and Conditions of Use shall be governed by and construed in accordance with the laws of the State of New York and any action arising out or relating to these Terms and Conditions of Use shall be brought exclusively in the City of New York, State of New York.


ELECTRONIC COMMUNICATIONS


When you visit this Website, or send us emails, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on this Website. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such agreements, notices, disclosures or communications be in writing.



TERMS AND CONDITIONS OF SALE


1. General Terms


These Terms and Conditions of Sale, as amended from time to time, govern your access and use of the U.S. online store for Raul Peñaranda LLC products via Raul Peñaranda LLC (hereafter referred as the “Website”). YOU ENTER INTO A BINDING CONTRACT UNDER NEW YORK LAW BASED ON THESE TERMS AND CONDITION OF SALE WITH RAUL PENARANDA LLC (HEREAFTER “RAUL PENARANDA LLC,” “VENDOR,” “WE,” “US” OR “OUR”) IF YOU ACCESS OR USE THE WEBSITE, OR PURCHASE ANY PRODUCTS ON THE WEBSITE. If you do not want to agree to these Terms, you must leave the Website and cease any access, use or purchase activities.


In order to meet our customers' needs and expectations, we have decided to create a distance sales network for certain products via the Website, in parallel with our network of direct and exclusive sales points. The list of Raul Peñaranda LLC products available for distance sale (via internet) is available on the Website.


1.1 Governing Law and Choice of Forum


These Terms and Conditions of Sale are applicable to all distance sales of Raul Peñaranda LLC products via the Website. These Terms and Conditions of Sale, and any disputes arising out of or relating to these Terms and Conditions of Sale, shall be governed by the laws of the State of New York, USA, without giving effect to its conflicts of law principles and excluding the U.N. Convention on the International Sale of Goods. All legal proceedings arising out of or in connection with these Terms and Conditions of Sale shall be brought exclusively in the City of New York, State of New York.


1.2 Disclaimers and Limitations


Website use and any purchase is “as is” and at your own risk. We make no express REPRESENTATIONS OR WARRANTIES OF ANY KIND regarding the accuracy or completeness of information on this Website or the condition, features or availability of products described or offered for sale on this Website.  We DISCLAIM ALL implied WARRANTIES and representations, INCLUDING BUT NOT LIMITED TO the IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.


Product descriptions and photos are for informational purposes only and may not completely match the products, given their unique character and frequent changes in design. Although we take all appropriate measures to ensure the photographs on the Website faithfully represent the original products, certain variations are possible due to individual computer’s technical capabilities. Therefore, we are not responsible for any inaccuracies in the graphic representation of Raul Peñaranda LLC products displayed on the Website.


Excluding cases of defective products, willful default or gross negligence, we cannot be held liable to the Customer for any direct or indirect damage caused to him/her by the purchase of products offered for sale on the Website. In case of non-fulfillment of its obligations under the purchase agreement occurred with the Customer, Raul Peñaranda LLC liability will be in any case limited to the price paid by the Customer for the relevant purchased product(s).


RAUL PENARANDA LLC SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, LOSS OF DATA, PROFITS, or REVENUE, OR COST OF COVER, or any similar or other damages ARISING FROM THE USE OF THE WEBSITE OR THE PURCHASE OF ANY PRODUCT. THE AFOREMENTIONED LIMITATIONS OF LIABILITY SHALL APPLY TO ANY LOSS OR DAMAGES, HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY, WHETHER DERIVED FROM CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, STRICT LIABILITY AND NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF RAUL PENARANDA LLC was ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER ANY of the limited REMEDIES HERE UNDER FAIL OF THEIR ESSENTIAL PURPOSE.


If the foregoing limitations are held inapplicable or unenforceable for any reason, then the maximum liability of Raul Peñaranda LLC to you for any type of damages resulting from your purchase of a product shall be limited to the greater of the actual amount paid by you for any products offered on the Website or U.S. $200.00.


1.3 Access and Use of the Website


The use of the distance sales service described herein is reserved solely for customers. The term “Customer” is to be understood as any physical person making purchases for purposes unrelated to their business, commercial, artisanal or professional activity. The resale, rental or transfer for commercial or professional reasons of products purchased on the Website is strictly forbidden.


We may modify these Terms and Conditions of Sale at any time. Therefore, the Customer is asked to accept the Terms and Conditions of Sale in force at the time of purchase. These Terms and Conditions of Sale are published on the Website for the Customer's knowledge, storage and reproduction. By clicking on the relevant boxes before placing an order on the Website, the Customer fully and unreservedly accepts these Terms and Conditions, which form an integral and substantial part of these procedures.


These Terms and Conditions of Sale do not govern the provision of services, or the sale of products by subjects other than Raul Peñaranda LLC, even in cases in which they are presented on the Official Website via links, banners or other hypertext links. Therefore, before placing an order and/or purchasing products and services from subjects other than the Vendor, the Customer is invited to check the conditions of sale applied by said third parties. In no case can the Vendor be held liable for the provision of services by third parties.


By submitting your order, you represent that you are purchasing for private household use only. We do not authorize any sale of our products outside the U.S. or any commercial resale. You may purchase up to four items per individual article, except when otherwise indicated on the product page on the Website. We reserve the right to reject orders and further limit order quantities in our sole discretion at any time.


1.4 Privacy Policy


Please consult the Privacy Policy for information on the processing of Customer personal data.


1.5 Vendor Identification


For the purposes of these Terms and Conditions of Sale, the vendor is Raul Peñaranda LLC, a NEW YORK STATE corporation, with offices at 361 West 51st Street New York, NY 10019, email: (email)@raulpenaranda.com


1.6 Force Majeure


Performance of services by Raul Peñaranda LLC may be suspended in the event of unforeseeable circumstances or force majeure preventing or delaying their performance.


We will inform the Customer of said unforeseeable circumstance or force majeure within [SEVEN] days of its occurrence. Should the suspension of the services last more than 30 days, the Customer may cancel the order and receive a refund of all amounts already paid, as in article 6 hereof.


1.7 Product Authenticity and Intellectual Property Rights


Raul Peñaranda LLC sells products covered by the Raul Peñaranda LLC trademark. We guarantee the authenticity and quality of all the products sold on the Website.


Any combination of said trademarks with other marks, symbols, logos or any distinctive sign suitable for creating a composite logo is also forbidden.


Reproduction in whole or in part, modification or use of drawings, models or patents that are the exclusive property of Raul Peñaranda LLC is also strictly forbidden.


1.8 Changes


We may change our prices, products, these Terms and Conditions of Sale, our Cancellation, Return and Store Credit Policies and our Privacy Policy at any time, at our sole discretion, by publishing changes on the Website or otherwise notifying you. We will not apply changes to orders or data that you submitted prior to our publishing or otherwise notifying you of the changes, unless we obtain your consent, by providing a notice with opt-out opportunity on the Website, via email or otherwise.


1.9 Severability


If any provision of these Terms and Conditions of Sale is determined to be invalid, illegal or unenforceable, such provision shall be upheld to the fullest extent legally permissible and the remaining provisions of these Terms shall remain in full force and effect. Nothing herein is intended to override mandatory laws to the extent they cannot be contractually altered or modified.


1.10 Entire Agreement and Admissibility


The Terms and Conditions of Sale and any policies or operating rules posted on the Website constitute the entire agreement and understanding between you and Raul Peñaranda LLC with respect to the subject matter thereof and supersede all prior or contemporaneous communications and proposals, whether oral or written, between the parties with respect to such subject matter. A printed version of these Terms and Conditions of Sale shall be admissible in judicial or administrative proceedings based on or relating to use of the Website to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.


2. Product Orders


Orders may be placed in English via the Website, or from our Customer Service, Monday to Saturday, from 9am to 6pm EST, excluding US FEDERAL HOLIDAYS. All orders are processed Monday through Friday, excluding US FEDERAL HOLIDAYS.


A valid e-mail address is required from the Customer in order to receive information concerning the Terms and Conditions of Sale and any information concerning the order.


2.1 Item Selection


Each distance sale order made by the Customer covered by these Terms and Conditions of Sale may be for one or more products, up to a maximum of 6 products per order, of which a maximum of 2 products can be of the same article.


We reserve the right to modify the limits for the quantity and/or types of products that may be purchased via distance sales, at any time.


The Customer is responsible for selecting the articles of interest to him/her. In the Customer's ‘shopping bag’ and contained within the Customer’s order summary includes a description of the product(s) ordered, including measurements and sizes (where applicable), the total price of the products ordered including shipping costs and a digital photograph which provides a representation of the products available on the Website.


The Customer must click on the ‘shopping bag’ icon to view the selected article(s) and total price of the article(s) ordered. The Customer is asked to verify the content of the ‘shopping bag’ before completing the purchase form in accordance with the instructions provided on the Website, and to confirm that a payment shall be due by him/her and that he/she has read and accepted these Terms and Conditions of Sale and Use.


Should the Customer need to modify an article or quantity or correct any errors in the order, he/she should follow the instructions on the Website.


2.2 Product Prices


By submitting your order via the Website, you agree to pay the purchase price for the items you selected plus shipping and handling costs, and applicable sales tax, if any. The price of each product is displayed for the Customer prior to completion of the order. The total price including shipping costs is displayed in the Customer’s ‘shopping bag’ in the third step of the checkout called ‘Check your order.’ All prices are in USD.


2.3 Completing the Order


The order procedure is complete once the Customer confirms and submits the order. Upon confirmation, the order is received by Raul Peñaranda LLC. Following this, the costumer receives a thank you message confirmation and the order is validated by Raul Peñaranda LLC.


The Customer may automatically cancel the order before its confirmation by exiting the Website.

Once the order has been sent, the Customer unconditionally agrees and undertakes to observe these Terms and Conditions of Sale in his/her dealings with Raul Peñaranda LLC, as well as other information, including the Terms and Conditions of Use and the Privacy Policy, available on the Website via links and which are always available for printing.


Therefore, before sending the order form to purchase products online, the Customer may carefully read and accept these Terms and Conditions of Sale, which includes information on product returns. The Customer can print and save or reproduce this document for his/her personal use; moreover, the Terms and Conditions of Sale are always available via the [“Legal Area”] section of the Website. 


The Customer’s order(s) will be binding once the entire order procedure has been completed properly, without errors being identified on the Website.  The contract between the Customer and us is to be concluded when the Customer receives confirmation of successful completion from us at the e-mail address provided during the order process. The Customer will also receive a shipping confirmation email with a tracking number once the purchase has been sent.


In any case, Raul Peñaranda LLC reserves, at its discretion, the right to decide whether or not to accept orders which are incomplete or incorrect or if the products are unavailable or the Customer is not a “customer” as defined above. In such event, Raul Peñaranda LLC will inform the Customer that the contract is not concluded and that we will not be following up on the order, providing its reasons for doing so. The Customer is informed within [two (2)] business days of submission of the order to Raul Peñaranda LLC. Any amounts already paid by the Customer for the order will be reimbursed.


Following conclusion of the contract, the Customer will receive written confirmation of the order at the indicated e-mail address, including the return number and date of purchase, the product(s) ordered, the prices of products and shipping, and the total amount to be reimbursed. The Customer may access the Terms and Conditions of Sale in the [“Legal Area”] section, from which these documents can be printed. 


2.4 Conditions of Payment


The Customer must make payment via one of the methods of payment indicated on the order form.


We accept the following credit cards:


[ACCEPTED CREDIT CARDS] 


For payment via credit card, the transaction will be charged to your credit card once your order has been accepted and you receive by email the confirmation of its successful completion.


For payment, the Customer must confirm on the Website that he/she is the card holder and that the name indicated on the credit card is his/hers; the Customer must provide the credit card number, expiration date and security code indicated on the card. Upon completing the order, the Customer's bank may request confirmation of the data entered and that the credit card used has not been reported lost or stolen. If the credit card cannot be verified as belonging to the person placing the order, the order will not be processed.


We do not debit any amount from the credit card until your order has been accepted and you receive by email the confirmation of its successful completion. We do not apply extra costs for credit cards payments. If, for any reason, the amounts due by the Customer cannot be debited, the sale process and sale are automatically cancelled.


3. Delivery


Please note that all orders are subject to verifications, in particular the billing and shipping addresses and the means of payment. If required, we may request additional identification information. Such verifications can extend the delivery time for up to [two (2)] additional business days from those quoted in the order confirmation.


3.1 Delivery Tracking 


Following order transmission via Website, the Customer can monitor delivery of the order by signing in into “My Profile” section of the Website, by choosing the option “Purchase History.” An e-mail sent by us to the Customer contains a tracking code and an exclusive link to track the shipment in real time. Our Customer Service can provide assistance for any delivery problems. The Customer can also contact our Customer Service by telephone, live chat or e-mail to request information on the delivery.


3.2 Delivery Location


Products purchased via the Website may only be delivered to an address within the United States of America (excluding Alaska, Hawaii and Puerto Rico). At this time, we can only ship to one address per order. To ship to multiple addresses, please place a separate order for each location.


The Customer may request delivery to the physical person of his/her choice, whose residence or domicile is within the U.S. All orders are delivered by UPS. In order to meet customers' needs and expectations we only use Express delivery. The shipping costs for such orders will be charged to the Customer. For security reasons, all Raul Peñaranda LLC online purchases require the signature of the Customer, or their legal representative in case the Customer is a minor aged under 18 upon delivery. Accordingly, no deliveries will be made to post office boxes, collection points or General Delivery addresses.


If no one is available to sign for the package, the courier will make a total of two (2) delivery attempts contacting the consignee. If there is still no one available to sign for the package, after 5 days with no communication, the package will be returned to the sender.


The products purchased online are delivered to the address indicated by the Customer only once the payment of the order has been registered, except where Raul Peñaranda LLC informs the Customer of non-acceptance of the order pursuant to Article 2.3 above.


3.3 Shipping Costs


All shipping costs, including additional costs charged to the Customer are itemized in the order form at the time of purchase on the Website. Shipping costs are refunded in the case of full order returns within 30 days.


3.4 Loss, Damage or Delay


The delivery may be delayed depending on order verification and availability of the products. Raul Peñaranda LLC is not responsible for any unexpected delays occurring during the shipment by UPS.


The Customer is responsible for the loss or damage to the products ordered, for which we are not responsible, beginning at the time at which the Customer or a third party designated by the Customer (other than the carrier appointed by Raul Peñaranda LLC) takes material possession of the products.


The products are the Customer’s responsibility upon completion of delivery. The Customer should check that all products received against his/her order as soon as possible and make sure they reflect what was ordered and that the products delivered are not damaged or not as described.


Should the Customer make a claim for loss, non-compliance or damage to the product and if we agree that the products received by the Customer do not reflect what was ordered or they are damaged or not as described, we will refund the Customer (in full, including all delivery costs if applicable), upon express Customer request, according to the terms and conditions described below. [Please note exchanges are not possible at this time.] Damaged goods being returned must be in the condition in which the Customer received them; the Customer must not mishandle them or attempt to modify or repair them. It is not possible to make returns at Raul Peñaranda LLC retailers.


The delivery terms may vary due circumstances not attributable to Raul Peñaranda LLC. 


4. Returns and Refunds


Returns must be completed within 14 (fourteen) days of delivery to the Customer or a third party. 


RETURN POLICY


Raul Peñaranda provides free returns of unworn items if sent back within 14 days of receipt. All merchandise must be in its original condition and have all tags and labels in tact. If the item is being exchanged, shipping of the replacement will be free. If returned, the original shipping and handling charges will not be refunded.


SALE ITEMS: any items that are marked down by 50% or more are final sale. For special promotions, please refer to promotion details page.


MAKING AN EXCHANGE OR RETURN


To request an exchange or return please email (email)@raulpenaranda.com. Within 24 hours you will receive an email with a shipping label attached as well as instructions for return. Please make sure merchandise: (1) is in its original condition, (2) is accompanied by a receipt and in its original packaging and (3) has all tags and labels intact. In case of a return, we will not be able to issue a full refund if the above is not fulfilled.


Please note that refunds will be processed up to 48 hours after receipt of returned items. You will be notified via email once your return has successfully been completed.


Damaged goods being returned must be in the condition in which the Customer received them; the Customer must not attempt to modify, handle or repair them.


If you request a return via our Customer Care after our 30 day policy period has terminated and it is accepted, we will reactivate the online return procedure.


We reserve the right, at our sole discretion, to refuse returns of products that have been damaged, are incomplete, deteriorated and/or soiled or in any state clearly indicating that the products have been used, or products returned after the deadline indicated above, or lacking a return form.


We also reserve the right to demand compensation for any damage caused by the Customer's negligent conduct or misconduct when returning products. We cannot be held liable for lost or stolen products beyond our control, or for returns to the wrong address, or for delivery delays of returned products beyond our control, it being understood that the Customer assumes all risks of returns. The Customer is also responsible for providing proof of return.


In the event of a return of the entire order, the Customer will be refunded all payments made to us, according to the method of payment chosen for the purchase, and for the product being returned, including standard delivery costs.


Return shipping is free of charge if you use UPS and if you duly follow the return procedure (link). If you decide to return using a different delivery service, costs will be at your expense and we will not be able to accept liability for lost or damaged returns.


The refund will be issued straight after the return has been accepted directly to the Credit/Debit Card or PayPal account used to make the original purchase and in the same currency. Refunds are at no charge to the Customer.


It is not possible to make returns at [COMPANY BOUTIQUES / RETAILERS]. Raul Peñaranda LLC merchandise purchased at [COMPANY BOUTIQUES / RETAILERS] must be returned to the [COMPANY BOUTIQUES / RETAILERS] where it was purchased, is subject to such [COMPANY BOUTIQUES / RETAILERS] return policy and cannot be returned via the Website.


5. SPECIAL TERMS AND CONDITIONS OF SALE FOR “Notify me” PRODUCTS


We offer our clients the opportunity to create an email notification for items that are currently in production or that have sold out and are on back-order.


In order to receive a message for future availability of a product, click the button ‘Notify me,’ complete the required information and submit. You will be placed on a priority waiting list and be among the first to receive a notification via email when the item is available. This procedure does not grant to you any booking right with regard to any relevant product. Once you receive the notification email you will need to complete the standard online procedure in order to purchase your desired product while it is still available.



PRIVACY POLICY


Raul Peñaranda LLC (“Raul Peñaranda LLC”) values our customers and respects your privacy. We collect personal information about you in an effort to improve your shopping experience and communicate with you about our products and events. This Privacy Policy (“Policy”) describes the personal information Raul Peñaranda LLC collects about you, our collection methods, collection purposes, and what we may do with the information. This Policy covers only data collected through those web pages at raulpenaranda.com that display a direct link to this Policy (the “Website”). It does not apply to any other data including, without limitation, data that we collect through other web pages at raulpenaranda.com or offline, or data that others collect on websites that are linked or linking to the Website. By visiting the Website, you signify your acceptance of this Privacy Policy and give us your consent to process and use the data in accordance with the practices set forth in this Policy.


TYPES OF DATA RAUL PENARANDA LLC COLLECTS, OUR COLLECTION METHODS, AND COLLECTION PURPOSES


Raul Peñaranda LLC collects and stores information from visitors to this Website, including those who register their information, request a look book, or who use the online “e-store.”


When you purchase products through our Website or otherwise actively send us data, you are providing, and we collect, data such as your name, email address(es), billing address(es), delivery address(es), telephone number(s), and credit card information. In each such instances, you will know what data we collect through the Website, because you actively submit it. Subject to your prior consent, we collect actively submitted data primarily for the purpose for which you originally sent us the data (for example, to sell and deliver products). This information also may be used for our own marketing and internal business purposes, and to contact you about sales, special offers and new features, unless you have opted not to receive promotional communications in connection with this Website. To serve you better, we may combine information you give us with other information which is publicly available.


We may also collect and store certain other information automatically whenever you interact with this Website. For example, we may collect your IP address, browser information and reference website domain name every time you visit this Website. We also may collect information regarding customer traffic patterns and Website usage. This information is used to analyze and improve this Website and to provide our customers with a fulfilling shopping experience.


Like many websites, we use "cookies", which are files stored on your computer's hard drive by your browser. We use cookies to ascertain which web pages are visited and how often, to make our Website more user friendly, and to give you a better experience when you return to the Website. Most browsers accept cookies automatically but allow you to disable them. We recommend that you leave cookies "turned on" so that we can offer you a better shopping experience on this Website.


DISCLOSURE OF PERSONAL INFORMATION


Raul Peñaranda LLC will not rent or sell your personal information to others who are not affiliated with us. We may engage third parties to perform services in connection with the operation of our business. Examples of these services include payment processing and authorization, fraud protection and credit risk reduction, product customization, order fulfillment and shipping, marketing and promotional material distribution, Website evaluation, data analysis and, where applicable, data cleansing. We provide personal information to these third parties, but we authorize them to use this information only in connection with the services they perform.


From time to time, we may engage with third party business partners to collect personal information on Raul Peñaranda LLC’s behalf in the form of joint promotion ventures. In such cases, these third parties will be subject to confidentiality agreements and instructed by Raul Peñaranda LLC to comply fully with our Privacy Policy. We may share your personal information with current corporate affiliates or, in the event of a sale of some or all of our business, Raul Peñaranda LLC may disclose your personal information to a purchaser that agrees to abide by the terms and conditions of this privacy policy. We share aggregated demographic information about our user base with our agents, including agencies or third-party vendors used to aggregate demographic information, provide marketing analysis and consult on advertising strategies. This information does not identify individual users. We do not link aggregate user data with personally identifiable information.


We may also share your information to respond to law enforcement requests, court orders or other legal process or as otherwise required by any applicable law or regulation.


If for any reason you choose to access a third party website linked to our Website, you do so at your own risk. We are not held responsible for how these outside parties collect, use, protect or disclose the information you provide them.


ACCESS AND CORRECTION


Please keep your personally identifiable information, accurate, current, and complete by routinely updating your user profile or by contacting us as specified below.


SECURITY


The security of your information is very important to us and will only collect personally identifiable information to the extent deemed reasonably necessary to serve you in view of our legitimate business purposes as set out above. We take reasonable steps to protect personally identifiable information from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. But, you should keep in mind that no Internet transmission is ever completely secure or error-free. In particular, e-mail sent to or from the Websites may not be secure.


If you have any questions about security on our Website, you can email us at (email)@raulpenaranda.com


OPT-OUT, COMMUNICATION PREFERENCES

We operate an opt-in policy in terms of communicating via email, post, and telephone. By subscribing to our mailing list, you are opting to receive communications by email. However, every time we contact you after this, you will have an opportunity to unsubscribe from our mailing list. We will not sell your personal details to any database companies. Should you choose to have your name and personal data removed from our database, you can do so by clicking the unsubscribe link on the email or by sending an email to (email)@raulpenaranda.com


EFFECTIVE DATE, AMENDMENTS


This Privacy Policy is effective September 01, 2020. We reserve the right to amend it from time to time and if we change it materially, we will post a revised version on the Website. Please check back periodically, and especially before you provide any personally identifiable information to us.


LINKS TO OTHER WEBSITES


This Website may contain links or references to other web pages to which this Privacy Policy does not apply. We encourage you to read the privacy statement or policy of every web page you visit.


YOUR CALIFORNIA PRIVACY RIGHTS


California Civil Code Section 1798.83 permits customers of Raul Peñaranda LLC who are California residents to request certain information regarding its disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an e-mail to (email)@raulpenaranda.com or write to us at:


Raul Peñaranda LLC
ATTN: Customer Service
361 West 51ST Street Suite 1R

New York, NY 10019


AGE REQUIREMENT


This Website is not intended or directed to anyone under the age of 13. We do not sell or ship any items ordered through this  Website directly to anyone who we know to be under the age of 13, nor do we collect any personal information from anyone who we know to be under the age of 13. If you are under the age of 13, you should use this  Website only with the involvement of a parent or guardian and should not submit any personal information to us.


CONTACT US


Please feel free to contact us with any comments, questions, complaints or suggestions you might have regarding the information practices described in this Policy at (email)@raulpenaranda.com


CHANGES IN THIS PRIVACY POLICY


If we decide to change our privacy policy, we will post those changes to this Privacy Policy, which is linked from the homepage, and other places we deem appropriate so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. We reserve the right to modify this Privacy Policy at any time, so please review it frequently.



CUSTOMER CARE


SHIPPING


Any merchandise ordered will be processed and shipped within 7 to 14 business days, domestically. Please allow an additional 3-5 business days for international orders.


DOMESTIC SHIPPING METHODS AND FEES


GROUND:         Complimentary (USPS)
SECOND DAY:   $25.00 (UPS)
NEXT DAY:        $50.00 (UPS)


RETURN POLICY


Raul Peñaranda provides free returns of unworn items if sent back within 14 days of receipt. All merchandise must be in its original condition and have all tags and labels in tact. If the item is being exchanged, shipping of the replacement will be free. If returned, the original shipping and handling charges will not be refunded.


SALE ITEMS: any items that are marked down by 50% or more are final sale. For special promotions, please refer to promotion details page.


MAKING AN EXCHANGE OR RETURN


To request an exchange or return please email (email)@raulpenaranda.com. Within 24 hours you will receive an email with a shipping label attached as well as instructions for return. Please make sure merchandise: (1) is in its original condition, (2) is accompanied by a receipt and in its original packaging and (3) has all tags and labels intact. In case of a return, we will not be able to issue a full refund if the above is not fulfilled.


Please note that refunds will be processed up to 48 hours after receipt of returned items. You will be notified via email once your return has successfully been completed.