Welcome to the Terms and Conditions of El Llafamante (in the following text: “El Llafamante”, “We”, “Us”, “the Seller”).
El Llafamante is available at el-llafamante.com (in the following text: “Website”, “Online Store”).
El Llamafante is an exclusive clothing brand that sells unique colorful clothing. For each outfit the designer creates a mini sculpture made of clay and a maxi sculpture made of Papier-mâché to complement the look. The look interacts with the sculpture, both are part of the same world and therefore should be perceived as Work of Art. Each outfit in each collection is limited, in order to enhance the value of the product.
These Terms and Conditions reflect the way El Llafamante produces clothes, which process requires production tailored to the requirements as set by the buyer.
By agreeing to these Terms and Conditions you confirm that you have read the Terms and Conditions and that you are eligible to buy from the Online Store.
General Terms and Conditions
The products available on el-llamafante.com are subject to these Terms and Conditions.
Only people of at least 16 years of age are eligible to buy products from the Online Store.
By using the Website and buying the Products you warrant that you are at least 16 years old. We do not sell intentionally to persons below 16 years of age.
Prices for our products are subject to change without notice.
We reserve the right to change prices at any time without any notice until you put a product in your shopping basket.
We are not liable to you or to any third-party for any price change.
You can pay for the products on a checkout page dedicated for making payments.
Your payments will be processed by Stripe and Paypal.
We don’t have access nor process your credit card information. Only Stripe and Paypal have access to such data. Our website serves only as a bridge between you and Stripe and Paypal.
You are solely responsible for providing accurate payment information and for updating inaccurate or outdated payment information. We are not responsible for any consequences arising as a result of your provision of inaccurate payment information.
The time between your order and the arrival of the product at your door depends on the production of the product. You acknowledge that each product of El Llamafante is unique, requires a unique production and design approach and therefore the delivery time can vary from one order to another.
However, we ship all the products to your shipping address the next day from finishing the production.
On checkout you can choose:
Your shipping address
The shipping method
On checkout you will be presented with one or more shipping methods to your chosen shipping address. Availability of shipping methods vary from country to country. At the same time, you will be presented with:
Any applicable costs to any specific shipping method.
The approximate delivery time
Once you choose your shipping method, the shipping costs will be added to the total price.
You acknowledge that we are not responsible for any delays in the shipping of the product. The approximate delivery time presented to you at checkout is the time between shipping the product from our premises to the moment the product arrives to your shipping address. Any delays of that shipping time is beyond our control and you acknowledge that we have no responsibility for such delays.
When estimating the time between making the order and delivery to your shipping address, you shall take into account the time necessary for production of the product.
You also acknowledge that you are solely responsible for paying import-related taxes and tariffs in the country of delivery. The shipping does not pay for such taxes and tariffs. You are solely responsible for paying for them should the national, state, or local authorities require so.
You are solely responsible for the accuracy of the information you provide for the delivery of products. We are not responsible for any consequences in the case of receiving inaccurate information by you.
We may contact you by email for information related with the production time and the approximate shipping date. However, you acknowledge that such information is subject to changes due to the nature of production of the products you may order from the Online Store and we are not liable for any damages or other consequences due to such changes.
Cancellation, Returns and Refunds
You can cancel your order in 24 hours from ordering and you will be refunded.
Due to the nature of production, we cannot accept cancellation after 24 hours from ordering.
Returns and Refunds
We will issue a refund if:
You receive a damaged product. You can request a refund in 14 days upon receiving the product by sending an email to email@example.com. In the email, you need to describe the reasons for the refund request and attach any evidence about it, including as a minimum a photo of the damaged product. If We establish that you have received a damaged product, we will issue a refund. You may choose to return the product at your own cost or keep it.
You never receive the product and the shipping address is correct. You can request a refund by sending an email at firstname.lastname@example.org in 14 days upon the expiry of the upper limit of the approximate shipping time.
Upon receiving the email, we will investigate the reasons for non-delivery. If we cannot cure these reasons, we will issue a refund.
We will not issue a refund if:
You have ordered a product of the wrong size. You will be provided with the tools to choose the right product size. Ordering the right product size is solely your responsibility and El Llamafante won’t incur any costs as a result of your mistake.
You have never received the product due to your mistake in providing the shipping address. It is your responsibility to provide an accurate shipping address. If you haven’t provided an accurate shipping address and, as a result, we have shipped a product to the inaccurate address and you haven’t received it, we:
Resend the product to the right address once it is returned to our address, or
May take economically reasonable steps to ensure that the product is redirected to the right address. However, we do not guarantee that you will receive the product in such a case and we will not issue a refund.
These Terms and Conditions are effective until any one of use terminates the Terms and Conditions.
We may terminate these Terms and Conditions without any notice if you violate the Terms and Conditions or for any other reason we may find appropriate for termination.
You can terminate the Terms and Conditions simply by notifying us (along with requesting a refund or not) or by ceasing to use the Website and Online Store.
In the case of premature termination, the obligations incurred till the moment of termination shall survive the termination, which means that any party shall fulfill the obligations incurred till that moment.
Use of Website and the Online Store
The purpose of el-llamafante.com is to inform you about the products offered to buy and to provide you with the possibility to buy such products.
You must not use the website for:
for any unlawful purpose
to solicit others to perform or participate in any unlawful acts
to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances
to infringe upon or violate our intellectual property rights or the intellectual property rights of others
to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability
to submit inaccurate or misleading information
to spam, phish, pharm, pretext, spider, crawl, or scrape
for any obscene or immoral purpose
to collect or track the personal information of others
to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Website and Online Store or of any related website, other websites, or the Internet, or create any other related threat
to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the website or any related website for violating any of the prohibited uses.
Copyright and Intellectual property
Images of people, places and/or products posted on this Website are the property of El Llamafante. Unless otherwise noted, all content included on this Site, including images, illustrations, designs, icons, photographs, video clips and written and other materials (together, with “Marks” (as defined below), “El Llamafante Content”) is the property of El Llamafante and is protected by Switzerland and international copyright laws.
The compilation of this Site is the exclusive property of El Lamafante and is protected by United States and international intellectual property laws. Any unauthorized use of any content or materials on this Website is strictly prohibited and may violate copyright and trademark laws, and/or the laws of privacy, publicity, and/or communications regulations and statutes. You may use the materials or content on this Site only with our prior written and express authorization. To inquire about obtaining authorization to use the materials or content on this Site, please contact us at info@el-llamafante.
Third party links
From time to time, we may include third-party links on our website. The content available on such third-party links is beyond our control, therefore we are not responsible about any information or other content available there.
Our customers’ privacy matters to us. We are compliant with the data protection laws of Mexico, Switzerland, as well as the laws of the countries and regions our customers and website visitors come from.
Limitation of liability
We do not guarantee, represent or warrant that your use of our website will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall El Llamafante, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
You agree to indemnify, defend and hold harmless El Lamafante and our affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
Some provision of these Terms and Conditions may prove to be unlawful, void or unenforceable. In such case, such provision will remain enforceable to the fullest extent permitted by applicable law, and the unenforceable portion will be considered to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
Basically, this means that if some provision is partially enforceable, the enforceable part remains enforceable, and the unenforceable part will be considered as if it does not exist.
Governing law and dispute resolution
These Terms and Conditions are governed by the laws of Switzerland. In the case of a dispute, you agree to attempt to reach out a friendly resolution of the dispute with us by negotiations. If negotiations are not successful, both sides can initiate procedures in the relevant court, mediation and arbitration bodies of Switzerland.