Terms of Service

Last Updated: June 3, 2013

Welcome to the La Selva web site (“the Site,” “we,” “us,” or “our”). La Selva provides this site as a service to its customers. Please read the following Terms of Service (“Terms”) as they govern your use of our Site. By using this Site, you agree to follow and be bound by these Terms. If you do not agree to these Terms, please do not use this Site in any way.

Additionally, La Selva reserves the right to modify these Terms at any time without prior notification. Site users must agree upon and abide by these changes accordingly. Please review this page periodically for changes. Any use of our Site at any time constitutes full acceptance of our service Terms.

Description of Service

La Selva is a manufacturer and online retailer of designer clothing made from vintage, handwoven textiles from Guatemala. This Site allows customers to purchase a variety of our products. Products sold on the Site are available for shipping anywhere in the 50 states of the United States, and may be shipped internationally upon request and at La Selva’s discretion. Please consult our Shipping and Return Policy for details.

Eligibility & Usage Restrictions

You may use the Site only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations. If you are under 18, your parent or guardian must accept and comply with these Terms on your behalf, and will be responsible for your use of and access to the Site; this includes financial responsibility for any items you purchase through the Site.

Any use or access to the Site by persons under 13 is strictly prohibited and in violation of these Terms. If you are under 13, please do not attempt to use the Site or send any information about yourself to us, including your name, address, telephone number, or email address. If we learn that we have collected personal information from anyone under age 13 without verification of parental consent, we will delete that information as quickly as possible.

You cannot access or use the La Selva website for any illegal or unauthorized purpose. Harassment in any manner or form of the Site, including via e-mail or by obscene or abusive language, is strictly forbidden. Although La Selva cannot monitor the conduct of its users, it is a strict violation of these Terms to use any information obtained from our Site in order to harass, abuse or harm another person, or in order to contact, advertise, solicit or sell to any user without his/her prior explicit consent.

The Site is not available to any users previously removed or barred from the Site by La Selva. La Selva reserves all rights not expressly granted by these Terms.

Notice

La Selva may contact you or provide you with service-related and/or promotional notices by means of postal mail, electronic mail, general site notifications and more using the contact information you have provided to us.

La Selva may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, via email notice, written or hard copy notice, or through posting of such notice on our website, as determined by La Selva in its sole discretion. La Selva reserves the right to determine the form and means of providing notifications to our users and customers, provided that you may opt out of certain means of notification as described in these Terms and our Privacy Policy.

La Selva is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us. We recommend that you add info@laselvaclothing.com to your email address book to help ensure you receive email notifications from us.

Product Policy

La Selva is committed to our customers’ full satisfaction. We have done our best to display our products as accurately as possible on the Site. Please be aware that variations in style, color, size, shape and look may occur. In addition, our products are made from handwoven fabrics, which often contain minor inconsistencies that are part of their nature and add to their charm. If you are not satisfied with your purchase, please review our Shipping and Return Policy for further assistance.

Security

La Selva cares about the integrity and security of your personal information. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. Please see our Privacy Policy for additional information on our security practices. You acknowledge that you provide your personal information at your own risk.

Site Content

All of the content that appears on this Site, including all visuals, text, audio and video clips are subject to copyright protections and /or other intellectual property rights or licenses held by La Selva. The entire content of the La Selva website is copyrighted as a collective work under U.S. copyright laws. La Selva grants you a limited license to access and make personal use of the content on this website. Content of the La Selva website is intended solely for use by the users of our Site.

User Submissions

La Selva seeks to support an interactive relationship with its customers and users of the Site. You agree that no comments or other user submissions submitted by you to the La Selva website will violate any right of any third party, including copyright, trademark, privacy or other personal rights. You further agree that no comments submitted by you to the Site will be or contain libelous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any comments you make.

Any user comments, feedback, suggestions, ideas, and other submissions disclosed, submitted or offered to La Selva on or by this Site shall be and remain La Selva property. Users assign all property rights and interests to La Selva allowing our unlimited use, commercial or otherwise, of any comments. Furthermore, La Selva shall be under no obligation (1) to maintain any comments in confidence; (2) to pay to users any compensation for any comments; or (3) to respond to any user comments.

Correction of Site Errors

The information on the La Selva website may contain typographical errors or inaccuracies. We reserve the right to update any information we see fit at any time without prior notice. Please note that such errors may relate to product information, pricing and availability. In these instances, we shall have the right to terminate any orders involving pricing errors or inaccuracies. We apologize for any inconveniences.

Indemnity

By use of this Site, you agree to indemnify and hold La Selva (and its officers, directors, agents, subsidiaries, joint ventures, and employees) harmless from any claim or demand, as well as losses, expenses, damages and costs, resulting from your violation of these Terms of Service or from your use of the Site (including negligent or wrongful conduct).

Modification/Termination of Site

In the event of termination, you will still be bound by your obligations under these Terms of Service, including the warranties made by you, and by the disclaimers and limitations of liability. La Selva shall not be liable to you or any third-party for any termination of your access.

Third Party Links

To improve our Site, La Selva may use and promote services provided by outside third parties. However, even if the third party is affiliated with La Selva, we do not control these services and make no representations regarding these persons or entities. We are not liable or responsible for the accuracy, completeness, timeliness, reliability or availability of, any such parties. Outside sites linked on our Site, all of which have separate privacy and data collection practices, are only for your convenience and therefore you access them at your own risk.

WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS A RESULT OF ANY DEALINGS WITH ANY THIRD PARTY WEBSITE OR MERCHANT OR OPERATOR OF SUCH A THIRD PARTY WEBSITE.

DISCLAIMER OF WARRANTY

ALL CONTENT, PRODUCTS, AND SERVICES ON THE SITE, OR OBTAINED FROM A WEBSITE TO WHICH THE SITE IS LINKED (A "LINKED SITE") ARE PROVIDED TO YOU "AS IS" WITHOUT ANY GUARANTEES OR WARRANTY. IN CONNECTION WITH ALL CONTENT, PRODUCTS AND SERVICES ON THIS SITE, LA SELVA MAKES NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. USE OF THE PRODUCT BY A USER IS AT THE USER’S RISK.

LIMITATION OF LIABILITY

LA SELVA SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS AND SERVICES ON THIS SITE OR THE PERFORMANCE OF ANY ITS PRODUCTS (EVEN IF LA SELVA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES).

Assignment

This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by La Selva without restriction. Any attempt by you to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in these Terms, is void.

Governing Law

You agree that the Site shall be deemed solely based in the State of New York. These Terms and your use of the Site shall be governed by the internal substantive laws of the State of New York, without respect to its conflict of laws principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You and La Selva hereby expressly consent to the exclusive personal jurisdiction of the courts of New York County, New York.

Entire Agreement / Severability

These Terms, together with any amendments and any additional agreements you may enter into with La Selva in connection with the Site, shall constitute the entire agreement between you and La Selva concerning the Site. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect.

No Waiver

No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and La Selva’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

Questions & Comments

If you have questions or suggestions regarding our Terms of Service, please email info@laselvaclothing.com.