Terms & Conditions
Welcome to Cesta Collective. The www.cestacollective.com website (the “Site”) is comprised of various web pages operated by Cesta Collective LLC (“Cesta Collective,” “we,” or “us”). The Site is a ecommerce website offered as a service to customers of Cesta Collective. The Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of the Site constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
Visiting the Site or sending emails to Cesta Collective constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
If you use this Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity.
You acknowledge that Cesta Collective is not responsible for third party access to your account that results from theft or misappropriation of your account. Cesta Collective its officers, directors, employees, agents, third parties and affiliates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
Cesta Collective does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use the Site only with permission of a parent or guardian.
Terms and Conditions of Service
You have 7 days from the date you receive your order to return or exchange your items. All returned items must be new, unused, with all hang tags still attached and in original dust bag. All items purchased on promotion are final sale. All International orders are final sale. All items purchased at a trunkshow are final sale. Returns that do not meet our policy will not be accepted and will be sent back to the customer. Once we receive your return, you’ll get an email from us. Your refund will show up on your statement within 14 days. The majority of orders are processed immediately. To cancel your order before it has been processed, please email us at firstname.lastname@example.org. We’ll do our best to accommodate your request. After your order has been processed, contact email@example.com and we will do our best to help cancel your order before it ships. Cesta Collective’s products are sold online only at limited quantities and availabilities. We display our items as accurately as possible on the Site and offer a full written description of all goods being sold. Please note, variations in style, color, size, shape, feel and look may occur based on the handmade nature of production and / or fabrics being offered. If you are not satisfied with your purchase, you may return or exchange your order in accordance with our Return policy or contact our customer service team at firstname.lastname@example.org for further assistance.
The information on the Site may contain typographical errors or inaccuracies. Cesta Collective reserves the right to update any information at any time without prior notice. Site errors may relate to product information, pricing and availability. In these instances, we may terminate any orders involving pricing errors or inaccuracies. We apologize for any inconveniences this may cause.
Third Party Services
Certain services made available via the Site are delivered by third party sites and organizations. By using any product, service or functionality originating from the Site, you hereby acknowledge and consent that Cesta Collective may share such information and data with any third party with whom Cesta Collective has a contractual relationship to provide the requested product, service or functionality on behalf of the Site users and customers.
No Unlawful or Prohibited Use/Intellectual Property
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Cesta Collective or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Cesta Collective content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Cesta Collective and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Cesta Collective or our licensors except as expressly authorized by these Terms.
The Service is controlled, operated and administered by Cesta Collective from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use content accessed through the Site in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
You agree to indemnify, defend and hold harmless Cesta Collective, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Cesta Collective reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Cesta Collective in asserting any available defenses.
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in New York, New York. The arbitrator's award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regards to these Terms or any disputes arising as a result of these Terms, whether directly or indirectly, including Tort claims that are a result of these Terms. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms.
Class Action Waiver
Any arbitration under these Terms will take place on an individual basis; class arbitrations and class/ representative/collective actions are not permitted. Either you or Cesta Collective may bring claims against the each other only in each’s individual capacity, and not as a plaintiff or class member in any putative class, collective and/ or representative proceeding, such as in the form of a private attorney general action against the other.
Further, unless both you and Employer agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
The information, software, products, and services included in or available through the Site may include inaccuracies or typographical errors. Changes are periodically added to the information herein. Cesta Collective may make improvements and/or changes in the Site at any time.
Cesta Collective and/or its suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services and related graphics contained on the Site for any purpose. To the maximum extent permitted by applicable law, all such information, software, products, services and related graphics are provided “as is” without warranty or condition of any kind. Cesta Collective disclaims all warranties and conditions with regard to this information, software, products, services and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement.
Cesta Collective reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of New York and you hereby consent to the exclusive jurisdiction and venue of courts in New York in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Cesta Collective as a result of this agreement or use of the Site. Cesta Collective’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Cesta Collective’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Cesta Collective with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Cesta Collective with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Cesta Collective with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Changes to Terms
Cesta Collective reserves the right, in its sole discretion, to change the Terms under which the Site is offered. The most current version of the Terms will supersede all previous versions. Cesta Collective encourages you to periodically review the Terms to stay informed of our updates.
Cesta Collective welcomes your questions or comments regarding the Terms:
Cesta Collective LLC