TERMS & CONDITIONS

Effective: March 1st, 2019

 

The Terms and Conditions (“Terms and Conditions” or “Policy” or (Agreement”) set out in this document constitute a legal agreement between you (“customer”, “user”, “client”, “your”), regardless of whether you are an individual or corporation, and La Garza (“La Garza” or “we” or “us” or “our”), and they govern your use of the Website (“Website”) and all transactions or interactions between you and us, including but not limited to communication, quotes, and the purchase of products via the Website or otherwise. 

 

In the circumstance in which you are using the Website or ordering product on behalf a company or other legal non-person entity, you represent that you have the authority to bind such an entity to these terms and conditions, in which case the terms “you” or “your” shall refer to such an entity.

 

Your registration, use of the Website or your purchase of any product from us constitutes your agreement bound by these terms and conditions. If you do not wish to comply with any of these terms and conditions you retain option not to utilize the Website or our services. 

 

All inquiries or requests related to these Terms may be directed to:

 

La Garza Legal Dept

5 Bridge St.

St. George GE05

Bermuda

www.lagarzabermuda.com

 

lagarzabermuda@gmail.com

1.441.7052787

 

Terms and Conditions Contents:

 

1. Amendment of Terms and Notification

2. Disclaimer

3. Liability

4. Intellectual Property Notice 

5. Links To This Site

6. Limits of Use 

7. Privacy Policy

8. Membership Agreement 

9. Subscription Terms, Fee and Cancellation 

10. Manufacturing and Third Party Suppliers 

11. Shipping, Returns and Exchanges

 

A: Amendment of Terms and Notification

La Garza reserves the right to update or modify these Terms and Conditions at any time without any prior notice. Your use of the Website following such a change constitutes your binding agreement to the updated Terms and Conditions.

If we change up our Terms and Conditions for any reason included but not limited to, nuclear threats and talking trees, we will notify you by revising the date at the top of the Policy and posting a notice in our newsletter, otherwise you are responsible for reviewing this Policy prior to utilizing this website. 

 

B: Disclaimer:

 

We carry both products that we have manufactured in Bermuda by our team, as well as products from third party manufacturers. 

 

C: Liability

 

D: Limits
There might be times when we may be liable to you. In such cases, we both agree that:

1. We are liable on any claim of any kind or for any loss or damage arising out of, connected with or resulting from these terms and conditions, or the performance or breach thereof or any products shall not exceed the amount of any actual loss or damage, up to the aggregate amount you have paid us for the product that is the subject of the claim, regardless of the form of action, including negligence, strict liability, product liability, tort or otherwise.

2. We shall not be liable for A: third party claims against you for losses or damages or B: any lost profits or any special, indirect, incidental, consequential, extraordinary, and blurry, or punitive damages whatsoever, regardless of the form of action. The limits of the liability set forth in this paragraph do not apply to the bodily injury to or the death of any person or our damage to property on your premises caused by us. Neither of us may bring any claim against the other more than one year after the date such a cause of action accrues. You may have additional rights under certain laws (such as consumer laws) that do not allow the exclusion of implied warranties or the exclusion or limitation of certain damages. If these laws apply, are exclusions or limitations may not apply to you.

 

E: Intellectual Property

 

F: Social Media Terms & Conditions
the images, post, conversations, boards and hashtags created or administered by legarza across any social media platform, including but not limited to, Facebook, Instagram, Twitter, and Pinterest, our for our customers and supporters entertainment. We welcome post, pictures and videos on our social handles as long as they are in correspondence with the terms and conditions of each platforms terms of use and privacy policy..

All users agree to the following terms: 

1. La Garza’s shares, posts, and content may or may not be accurate, complete, reliable or up to date; 

2. You read and follow our social handles at your own risk;

3. Any content posted on our platforms by fans will not violate any law or regulation, including, without limitation, copyright, trademark, privacy or publicity rights; 

4. And content we are tagged in or posted on our platforms will not contain obscene or profane language or content otherwise deemed inappropriate.

5. You are responsible for all content posted to our social handles. La Garza has the right to review and remove any content for any reason we see fit. All content that violates our Terms and Conditions will be removed. For any pictures, videos and/or posts shared with us or on our social handles, you are granting La Garza the permission to use, copy, modify, adapt, publish and repost such content on our own social media handles. Do not post or share any content that you do not wish for La Garza to re-share. Additionally, you allow La Garza to “tag” the username and/or the handle associated with the post. 

6. Specific areas on our website may allow you to share or repost Content on your personal social media handles. You are permitted a limited license to display the Content as directed. You have no other title to the Content posted by La Garza. 

7. Persons under the age of 18 may not use this Website and parents or legal guardians may not agree to these Terms of Use on their behalf.
    

We advise you review the social media Terms and Conditions before posting content or participating in La Garza’s social media campaigns, pages, hashtags, posts and conversations.

 

L: Privacy Policy 

Our customer privacy is paramount to us. Please refer to our Privacy Policy for complete details of how we protect and utilize your information. 

 

M: Membership Agreement

By joining our Membership Program, you will receive special discounts, first access to releases and regular newsletters. 

 

N: Subscriptions

There may be instances where we offer subscriptions to our members. In these circumstances, the following terms apply to you. 

 

Payment Terms:

Monthly Subscriptions:

By purchasing a monthly subscription, you agree to an initial and recurring monthly subscription fee at the then current monthly subscription rate and you accept responsibility for all recurring charges until you cancel your subscription. You may cancel your monthly subscription at any time, subject to the terms of our cancellation policy.

Automatic monthly renewal terms:

Once you subscribe, legarza automatically process you are monthly subscription fee in the next billing cycle. The car so we'll continue to automatically process your monthly subscription fee each month at the den current monthly subscription rate, until you cancel your subscription. We explain how to cancel your monthly subscription below in the Subscription Cancellation Policy.

 

Annual Subscriptions:

by purchasing an annual subscription, you agree to an initial prepayment for one full year of service. After 1 year and annually thereafter, you will be billed a recurring annual subscription renewal fee at the then-current annual subscription rate. We will notify you before the renewal fee is billed. Do you make Hansel your annual subscription anytime before the next billing cycle, subject to the terms of our cancellation policy.

Automatic annual renewal terms:

we Bill your credit card for the annual subscription renewal fee and the first month of your next annual subscription. for example if you purchase an annual subscription beginning in may 2015 and ending in April 2016, we will bill you for the second year may 2016 to April 2017 in may of 2016, but unless you cancel your annual subscription before may of 2016. You accept responsibility for all recurring charges prior to cancellation. Once you subscribe logo will automatically process your annual subscription fee at the then-current annual subscription rate. We explain how to cancel your annual subscription below in the Subscription Cancellation Policy.

 

if we do not receive payment from your credit card provider or if your credit card expires or is rejected, you agree to pay all amounts to upon demand. Following any such non-payment we may require you to provide a second valid credit card before continuing to use our services. You authorize us to change outstanding fees and other amounts due against any credit card you have filed with us. we reserve the right to take all steps necessary to collect amounts due from you, including but not limited to legal action and/ or using third-party collection agencies.

if your account is more than 30 days past due, and is forwarded to a collections agency, you will additionally be liable for any recovery fees charged by the agency. You are solely responsible for any and all fees charged to your credit card by the issuer, bank, or financial institution, including, but not limited to, membership, overdraft, insufficient funds, and over the credit limit fees. You agree to notify us about any billing problems or discrepancies within 90 days after they first appear on your credit card statement. If you do not bring them to our attention within the 90 days, you agree to waive your right to dispute such problems or discrepancies. We may modify the price, content, or nature of the services at any time. I darcel discretion we make grandfather in prices of certain members based on factors such as sign up date and good standing. lagarconne will notify members receiving such grandfathered rates prior to the implementation of any price change. if we modify any of the foregoing terms, you may cancel your membership, and such a cancellation shall be your only course of action. we may provide notice of any such changes by email, notice to your upon login, or read publishing them on the website.

 

Non-refundfable fees

 

Restrictions on use

the rights granted to you by these terms and conditions will remain in force only for so long as these terms remain in effect. You may not rent, transfer, a sign, commercially exploit, resell or sub-license access to the service to any third party. You may use the site and the services only for your personal, non-commercial purposes unless you obtain written permission from La Garza administration allowing you to do so.

 

Termination of subscriptions

 

you may cancel your monthly or annual subscription at any time bye contacting us at lagarzabermuda@gmail.com

O: Manufacturing and Third Party Suppliers

We carry both products that we have manufactured in Bermuda by our team, as well as products from third party manufacturers.

We strive to partner with suppliers that are committed to quality in all aspects of their products’ manufacture.  Some products carry warranties from their third-party manufacturers that may be transferable to you. We provide these third-party manufactured products “as is” disclaiming any express or implied warranties included but not limited to the implied warranties of merchantability, non-infringement and fitness for a particular purpose.

 

We seek to develop more environmentally sound processes and in every aspect of our manufacturing and packaging but may not be able to reach the goals we set through our third party manufacturers.

 

P: Shipping, Returns and Exchanges

​In stock items will be shipped within 24 hours. Items listed as made to order have a 2 week production time. From time to time we are restricted by the materials available or it takes us a little longer to make your item to our standards but we will keep you informed every step of the way.

• Default shipping is standard shipping for orders under $400.

• We offer free 2-3 day worldwide Fedex shipping for orders over $400!

• Our creations are conceived and manufactured in Bermuda. When shipping from Bermuda, your package may be subject to import fees dependent on your country's laws. La Garza does not collect duties, taxes, VAT, etc upon you purchase. You may need to produce a receipt or pay an additional fee for taxes, duty or clearance in order to obtain you package. Please check with your country's customs office for rates specific to you.

• Once an item is shipped via standard shipping, there is no way to track it leaving Bermuda. There are no guarantees on this shipping time. (Shipping times below)

• Rush orders / Orders required by a certain date may be eligible for rush shipping. If you have a birthday, anniversary or are trying to make the Holiday deadline, be sure to message us so we know how impatient you are! That way we can work to get it out as quickly as possible! You can reach us at lagarzabermuda@gmail.com

• Christmas delivery guarantee ordering deadline is December 15 for FedEx orders (at an additional fee / over $400 free) Orders placed after this date may not reach their destination by December 25. 

• All items are shipped gift wrapped and include cultural / scientific / educational information relevant to the piece. Multiple orders are combined unless specified at time of purchase.

• All 'one of a kinds' are shipped from Bermuda via registered mail or Fed Ex, depending. 

• Default Shipping

Does not include a tracking number

East coast - 7- 20 days

West Coast / England / Europe - 14- 30 days

We have found that sometimes packages can reach their destination in a couple days, sometimes it takes months. There are no guarantees under this shipping method.

Items will not be replaced or refunded unless 2 months without receiving the item has passed.

• Shipping Upgrades

Includes tracking number

FedEx rates between $50-$75+ Worldwide 

Shipping upgrades are available by request and utilizes FedEx.

Guaranteed delivery within 1-3 days

• Large Packages

Depending upon the size of the piece, it may be better to explore cargo shipping options. We will find the best available shipping method and rate for your area and contact you if there are possibilities for you to choose from.

• Eco Packaging

Eco packaging is important to us but can be difficult to achieve in some instances. We try to reuse, recycle and use paper. Bubble wrap is often donated to us from packaging for things imported to Bermuda. If you feel your package was not eco friendly or efficient, please let us know so that we can make changes going forward.

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RETURNS, REFUNDS & EXCHANGES

• We try to ensure you have all the information you need when ordering but if there is no other recourse but return and refund. You can return the items to a US location and we will refund your purchase. 

• You may exchange your item for a different size once. A refund will not be possible after an exchange has been made. 

• Let us know if you have a problem! We want to solve it!

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STOCK LIMITS / VARIATION

• Due to the unreliable nature of working with found material, there may be times when we are unable to fill an order. However, we can add you to the back order list so you are next in line when they become available! We will always do our best to keep everything in stock.

• There will be a degree of variation when utilizing found materials. Most notably, the texture of beach plastic upcycling and seafan patterning.

• Colors depend upon the setting of your monitor. We do our best to display accurate colors for our products but this may not always translate exactly as you see it. We cannot be held liable if the colors are not accurately displayed by function of this website or your monitor. 

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WHOLESALE ​

• Wholesale options are available via the link in the footer of this site with access through membership sign up.

• ​Minimum Order Quantity 10

• Contact us in advance for large orders or rush orders (under 4 months) so we can ensure order fulfillment. 

• All wholesale orders are made to order. We encourage you to order well in advance.

• We advise wholesale orders be shipped via Fedex as bulk items will not be replaced if lost.

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