TERMS AND CONDITIONS

User Agreement

La Malaquita provides Users with access to and use of the Site subject to your compliance with these Terms:

User Agreement & Conditions of Sale

lamalaquitamerida.com and its products, services and tools (individually and collectively, the “Site”) are owned and operated by lamalaquitamerida.com. The Site provides an online marketplace to offer and to sell goods (“Items”) to prospective purchasers. In the event of a sale of any Item, the sale is made directly between the Buyer and the Seller and is governed by this User Agreement and the Conditions of Sale.

Sharing of your Personal Information

lamalaquitamerida.com does not sell, share, trade or give away Personal Information other than as described in this Privacy Policy. The only times we would use your personal information are:
– to send you communications about our own products and services
– to contact you as necessary.

Conditions of Sale

Sales are “As-Is”
All Items displayed on the Site are sold “As-Is”, “With All Faults”. The Seller makes no guarantee, warranty or representation, expressed or implied, to any Buyer with respect to any Item, including without limitation, its condition, merchantability, fitness for a particular purpose, quality, rarity, importance, provenance, designer or creator, exhibitions, literature, historical relevance, or as to whether the Buyer acquires any reproduction right or other intellectual property right in any Item. No statement anywhere, whether oral or written, shall be deemed any such guarantee, warranty or representation.

All of our clothing for sale is vintage and considered pre-worn (unless otherwise stated in a given listing). Buyer is responsible for reading and understanding the item’s description and measurements. Each item has been inspected and all visible flaws are noted in the listing. However, some minor flaws may go unnoticed. If you are concerned with the condition of an item, please contact us with specific questions before buying.

Please contact us if you have questions prior to purchase.

We have a strict no return policy, and all sales are final.

Eligibility to Use the Site

Minors are not permitted to use the Site. Users must be 18 years of age or older to use this Site. This Site is not directed at children under the age of 13 and does not knowingly collect information from such minor children.
Taxes and Duties.

The Buyer is entirely responsible for paying all applicable sales and use taxes, VAT, export and/or import taxes and duties and all transactional taxes or levies related to each Item purchased (collectively, “Taxes”). The Buyer shall pay the Seller such Taxes as the Seller is required to collect. The Buyer must determine, pay, collect, remit and report to the appropriate taxing authority the correct amount of all export and/or import taxes or duties payable upon export of the Item from its country of origin and import into the United States or any other country. In the event that an exemption applies, it is the Buyer’s sole responsibility to establish and/or document any applicable exemption from Taxes.

Shipping

(a) Buyer-arranged shipping. The Buyer is in every instance free to arrange the Buyer’s own shipping and may elect to use any shipping company of its choice. The crating/shipping/insurance companies designated by the Buyer are the Buyer’s agents and the Buyer will bear all applicable costs and pay such costs directly to the agents. The Buyer may also ask La Malaquita to arrange for shipping of any Item on the Buyer’s behalf which may be subject to pre-advertised shipping prices.

(b) Seller-arranged shipping. The Buyer may elect to have the Seller arrange for crating, packaging, shipping and freight insurance. Following the Buyer’s request, the Seller shall provide shipping information including the name of the freight carrier, the complete cost of shipment from the Seller to the Buyer’s designated receiving address, the cost of any duty or other charges to be paid by the Buyer, the cost of freight insurance and the name of such insurance provider, as well as any costs or fees to be charged by the for crating or packaging the Items for shipment. The Buyer and the Seller shall mutually agree on shipment terms and the Buyer shall prepay all shipment costs.

La Malaquita reserves the right to correct or cancel any transaction if an error is made in calculating shipping.
In the case of Buyer-arranged shipping, risk of loss and title for such Item passes to the Buyer upon the Seller’s delivery of the Item to the carrier selected by the Buyer for shipment or when the Buyer picks up the Item from the Seller.
In the case of Seller-arranged shipping, risk of loss and title for such Item passes to the Buyer upon the Buyer’s receipt of the Item.

Remedies for Non-payment

If for any reason the Buyer cancels payment made by credit card or any other means following receipt of the Order Confirmation, or the Buyer otherwise fails to make any payment with respect to the Total Purchase Price (“Default”), then the Buyer shall remain liable to the Seller for the Total Purchase Price in full, as well as any additional costs related to the sale of the Item, including but not limited to applicable taxes, storage and handling fees and any incurred costs or fees associated with collection of any amount due to 1stdibs and/or the Seller including but not limited to legal fees and costs related to currency fluctuations.

Without limitation to any other provision of these Terms, in addition to any other remedies at law or equity, La Malaquita reserves the right, at its election, to retain any and all payments paid by Buyer prior to Default with respect to the Item as liquidated damages, and to cancel the sale of the Item without any further obligation to Buyer.

Refusal of Transaction.

La Malaquita reserves the right to withdraw any Item from the Site, to amend any content on the Site, or to refuse service to anyone at any time in its sole discretion.

Contact Us

To contact us with any questions or concerns in connection with these Terms, or the Site, please email us at marjorie@lamalaquitamerida.com.

Your use of the Site constitutes your express agreement to these Terms, Conditions of Sale and Privacy Policy. If you do not agree, you may not access or use the Site.

Effective Date

These Terms are effective as of August 1, 2020.