Terms of service
OVERVIEW
Welcome to La Bamba New York. The terms “La Bamba New York,” “we,” “us,” and “our” refer to La Bamba New York and the legal entity identified in the Contact Information section below. La Bamba New York operates this website and online store, including all related information, content, features, functionality, tools, products, and services made available through it (collectively, the “Services”). The Services are powered by Shopify.
These Terms & Conditions, together with any policies or other terms incorporated herein by reference (collectively, the “Terms”), govern your access to and use of the Services and any purchase made through the Services.
Please read these Terms carefully. They contain important provisions concerning your legal rights and obligations, including disclaimers of warranties, limitations of liability, and provisions governing disputes.
By accessing, browsing, interacting with, or otherwise using the Services, or by placing an order through the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you must not access or use the Services.
Nothing in these Terms excludes, restricts, or modifies any right, remedy, guarantee, warranty, or other protection that cannot lawfully be excluded, restricted, or modified under applicable law.
SECTION 1 — ACCESS AND ACCOUNT
By using the Services, you represent and warrant that you are at least the age of majority in your jurisdiction of residence or otherwise have the legal capacity required to enter into these Terms.
You may be required to provide information in connection with your use of the Services or a purchase, including your name, email address, billing information, payment information, and shipping information. You represent and warrant that all information you provide is accurate, current, complete, and not misleading and that you have all rights and authorizations necessary to provide such information.
You are solely responsible for maintaining the confidentiality and security of your account credentials and, to the fullest extent permitted by applicable law, for all activity occurring through your account. You must notify us promptly if you become aware of unauthorized use of your account.
You may not sell, transfer, assign, license, or otherwise permit another person to use your account.
We reserve the right, to the fullest extent permitted by applicable law, to refuse access to the Services, suspend or terminate accounts, restrict purchasing privileges, or take other appropriate action where we reasonably suspect fraud, abuse, unauthorized commercial activity, violation of these Terms, or conduct harmful to La Bamba New York or others.
SECTION 2 — PRODUCTS AND PRODUCT INFORMATION
We make reasonable efforts to describe and display our products accurately. However, photographs, colors, textures, proportions, finishes, and other visual characteristics may vary from their appearance on your device as a result of photography, lighting, display settings, screen characteristics, manufacturing variation, and other factors.
Accordingly, to the fullest extent permitted by applicable law, we do not warrant that colors, textures, or other visual characteristics displayed through the Services will precisely correspond to the physical product.
Product descriptions, specifications, pricing, availability, and other information may be modified or corrected at any time without prior notice, subject to applicable law.
We reserve the right to discontinue any product, limit quantities, restrict sales of products to any person, household, geographic region, or jurisdiction, and impose purchase limits where permitted by applicable law.
Nothing in this Section limits any mandatory right or guarantee concerning product conformity, quality, or description that cannot lawfully be excluded.
SECTION 3 — ORDERS
The submission of an order constitutes an offer by you to purchase the products identified in the order on the terms presented at checkout and subject to these Terms.
Receipt of an order, authorization of payment, or transmission of an automated order confirmation does not constitute our acceptance of the order. An order is accepted only when we expressly accept it or otherwise fulfill it.
We reserve the right, to the fullest extent permitted by applicable law, to accept, reject, limit, or cancel any order, in whole or in part, for reasons including product availability, suspected fraud, unauthorized resale, payment or billing issues, inaccurate product or pricing information, shipping restrictions, violation of these Terms, or other legitimate business reasons.
If we cancel an order after payment has been collected, we will refund the amount required as a result of the cancellation.
Please review your order carefully before submitting it. Requests to modify or cancel an order should be sent to clientservices@labambanewyork.com as soon as possible. We may attempt to accommodate a request made before shipment, but we make no representation or guarantee that an order can be modified or canceled once submitted.
Nothing in the preceding paragraph limits a statutory right to withdraw from or cancel a contract where such right applies under mandatory law.
Purchases and voluntary returns are also governed by our Shipping & Returns policy, which is incorporated into these Terms by reference.
Products purchased through the Services are intended for personal or household use. We reserve the right to restrict or cancel orders that we reasonably believe are intended for unauthorized commercial resale, redistribution, or export.
SECTION 4 — PRICES, PAYMENT AND BILLING
Prices, discounts, promotions, and product availability are subject to change without notice, subject to applicable law.
The price applicable to an accepted order will ordinarily be the price displayed at the time the order is submitted. We reserve the right to correct typographical, technical, pricing, promotional, or other errors and, where permitted by applicable law, to cancel an affected order.
Shipping charges, taxes, duties, and other applicable charges will be displayed or calculated, as applicable, at checkout.
You agree to provide current, complete, and accurate purchase, payment, billing, and account information.
You represent and warrant that you are authorized to use any payment method submitted and authorize us and our payment providers to charge all amounts properly due in connection with your order.
We may use third-party payment processors and fraud-prevention services. An order may be delayed, declined, or canceled where a transaction cannot be authorized or verified or where fraud or unauthorized activity is reasonably suspected.
Promotions, discount codes, offers, or other incentives may be subject to additional terms. Unless expressly stated otherwise, promotions may not be combined. We reserve the right to cancel or modify promotions and to reject use of a promotion where we reasonably determine that it has been used improperly, fraudulently, or contrary to its terms.
SECTION 5 — SHIPPING, DELIVERY AND RISK
Shipping availability, rates, restrictions, and other customer-facing delivery information are described in our Shipping & Returns policy.
All delivery dates, arrival dates, and transit times are estimates unless expressly stated otherwise. To the fullest extent permitted by applicable law, La Bamba New York is not liable for delays resulting from carriers, customs processing, weather, labor disputes, governmental action, transportation disruptions, force majeure events, incorrect or incomplete delivery information, or other circumstances beyond our reasonable control.
Signature confirmation may be required.
We are unable to deliver within the United States to P.O. Boxes, General Delivery, APO, FPO, or DPO addresses.
You are responsible for providing a complete and accurate delivery address and other information necessary to complete delivery. To the fullest extent permitted by applicable law, we are not responsible for delays, failed delivery, loss, return-to-sender charges, reshipment costs, or other costs or consequences resulting from inaccurate or incomplete information supplied by you or from your failure to comply with reasonable carrier delivery requirements.
Where a shipment is returned to us because of an incorrect or incomplete address, refusal of delivery, failure to accept delivery, failure to collect the shipment, or another circumstance attributable to the recipient, we reserve the right, to the fullest extent permitted by applicable law, to deduct from any refund the shipping, return, customs, duties, taxes, carrier charges, or other costs actually incurred by us as a result, and to require payment of additional shipping charges before reshipment.
Risk of loss will pass to you at the time permitted by applicable law. To the fullest extent permitted by applicable law, La Bamba New York is not responsible for loss, theft, or damage occurring after a shipment has been delivered to the delivery address provided with the order, including where delivery is confirmed by carrier tracking, signature, photographic confirmation, or other reasonable proof of delivery.
If carrier tracking indicates that a shipment has been delivered but you cannot locate it, you must notify us promptly and cooperate with any carrier, insurer, or delivery investigation. Any replacement, refund, credit, or other accommodation offered in circumstances in which we are not legally responsible is provided at our discretion and does not constitute an admission of liability or create an obligation to provide the same accommodation in another case.
Nothing in this Section transfers risk to a consumer earlier than permitted by mandatory applicable law.
SECTION 6 — INTERNATIONAL ORDERS, DUTIES AND CUSTOMS
International shipping is available only to destinations we elect to serve.
Duties and taxes calculated or collected at checkout are estimates based on the information available at the time of purchase and may be subject to adjustment by the applicable governmental or customs authorities.
To the fullest extent permitted by applicable law, any additional duties, taxes, customs charges, brokerage fees, disbursement fees, carrier charges, or other amounts subsequently assessed by a governmental authority, customs authority, carrier, or other third party and not collected by us at checkout are the sole responsibility of the recipient. La Bamba New York is not responsible for such additional charges.
International shipments may require additional recipient information or documentation for customs clearance or delivery. The recipient is responsible for providing complete and accurate information reasonably requested by us, the carrier, or the applicable governmental or customs authority.
Failure or refusal to provide required information may result in delay, unsuccessful customs clearance, refusal of entry, unsuccessful delivery, abandonment, or return of the shipment.
To the fullest extent permitted by applicable law, where an international shipment is delayed, refused, abandoned, returned, or otherwise adversely affected because the recipient fails to provide required information, refuses delivery, fails to pay an amount properly payable by the recipient, provides inaccurate information, or otherwise fails to comply with applicable customs or delivery requirements, the recipient is responsible for resulting shipping charges, return charges, duties, taxes, brokerage charges, storage charges, and other costs incurred.
Any refund issued following the return of such a shipment may, to the fullest extent permitted by applicable law, be reduced by amounts properly incurred by La Bamba New York in connection with the failed delivery or return.
Nothing in this Section limits any mandatory rights available under applicable consumer law.
SECTION 7 — VOLUNTARY RETURNS AND REFUNDS
Our voluntary return policy is described in our Shipping & Returns policy and is incorporated into these Terms by reference.
To arrange a voluntary return, contact clientservices@labambanewyork.com.
Unless otherwise required by applicable law, a voluntary return must be arranged within 14 days after delivery.
Items that are worn, washed, altered, damaged, or returned without their original tags, components, or protective liners are not eligible for a voluntary return.
We reserve the right to inspect returned merchandise and, to the fullest extent permitted by applicable law, to reject a voluntary return that does not satisfy our return requirements.
We do not offer exchanges.
For eligible voluntary returns within the United States, a prepaid return label is provided. A $15 return shipping fee will be deducted from the refund unless we have agreed to cover return shipping or applicable law requires otherwise.
International customers are responsible for return shipping unless we have agreed to cover it or applicable law requires otherwise.
Where a customer arranges return transportation independently, the customer is responsible, to the fullest extent permitted by applicable law, for the return shipment until it is received by us. We strongly recommend using a traceable shipping method and retaining proof of shipment.
Once an eligible return is received, please allow up to 10 business days for processing. Refunds will ordinarily be made to the original payment method.
If merchandise arrives damaged, defective, or incorrect, you must notify us within a reasonable period after discovering the issue. We may request photographs or other reasonable information necessary to assess the issue. Where we determine that merchandise arrived damaged, defective, or incorrect, we will cover return shipping as stated in our Shipping & Returns policy, subject to applicable law.
We reserve the right, to the fullest extent permitted by applicable law, to refuse orders, restrict voluntary return privileges, or take other appropriate action where we reasonably determine that a customer has engaged in return fraud, excessive or abusive returns, wardrobing, alteration or damage of merchandise, misrepresentation, or other abuse of our policies.
Our voluntary return policy does not replace or restrict mandatory statutory rights or remedies that cannot lawfully be waived.
SECTION 8 — EUROPEAN UNION AND EEA RIGHT OF WITHDRAWAL
This Section applies only to the extent that mandatory law grants you a statutory right of withdrawal in connection with a purchase made through the Services.
If you are a qualifying consumer in the European Union or European Economic Area, you generally have the right to withdraw from an eligible distance contract without giving a reason.
You may exercise an applicable statutory right of withdrawal before your order has been shipped. For goods that have been delivered, the statutory withdrawal period generally expires 14 days after the day on which you, or a third party designated by you other than the carrier, acquire physical possession of the goods. Where multiple goods from a single order are delivered separately, the period may run from receipt of the last good where required by applicable law.
To exercise the statutory right of withdrawal, you must communicate an unequivocal decision to withdraw before the applicable withdrawal period expires. You may do so by contacting clientservices@labambanewyork.com, by using any legally required online withdrawal function made available through the Services, or by another method permitted by applicable law.
Where you exercise a statutory right of withdrawal electronically through a withdrawal function provided by us, we will provide the acknowledgement required by applicable law.
Unless we have offered to collect the goods, you must return them without undue delay and, in any event, no later than 14 days after communicating your decision to withdraw, where that period is required by applicable law. The deadline is met if the goods are sent before the applicable return period expires.
Unless we have agreed to bear the cost or applicable law requires otherwise, you are responsible for the direct cost of returning goods following a statutory withdrawal.
Following a valid statutory withdrawal, we will reimburse amounts required by applicable law without undue delay and within the applicable statutory period. Where required by law, reimbursement will include the cost of the least expensive standard delivery method offered for the order. We are not required to reimburse additional costs resulting from your selection of a delivery method more expensive than the least expensive standard delivery method offered, to the extent permitted by applicable law.
Unless otherwise required by applicable law, reimbursement will be made using the same means of payment used for the original transaction unless you expressly agree otherwise, and no fee will be imposed on you as a result of that reimbursement.
Where permitted by applicable law, we may withhold reimbursement until we have received the goods back or you have supplied evidence of having returned them, whichever occurs first.
You are responsible, to the extent permitted by applicable law, for any diminished value of goods resulting from handling beyond what is necessary to establish their nature, characteristics, and functioning. In the case of apparel, reasonable examination may include trying on a garment, but does not necessarily include wearing or using the garment beyond what would reasonably be permitted when examining it in a retail store.
The statutory right of withdrawal does not apply where an exception under applicable law applies. This may include, where all applicable legal requirements are satisfied, sealed goods that are not suitable for return for reasons of health protection or hygiene and that have been unsealed after delivery.
Nothing in our voluntary return policy limits a statutory right of withdrawal or other mandatory consumer right.
SECTION 9 — INTELLECTUAL PROPERTY
The Services and all content and materials contained in or made available through the Services, including without limitation trademarks, trade names, logos, product names, designs, text, copy, photographs, campaign imagery, graphics, illustrations, video, audio, layouts, interfaces, software, displays, selection, arrangement, trade dress, and other materials, are owned by or licensed to La Bamba New York and are protected by United States and foreign copyright, trademark, patent, trade dress, design, unfair competition, and other intellectual property laws.
These Terms grant you a limited, revocable, non-exclusive, non-transferable right to access and use the Services solely for your personal, non-commercial use in accordance with these Terms.
Except as expressly permitted by applicable law or with our prior written consent, you may not reproduce, copy, modify, distribute, sell, resell, publish, republish, transmit, display, perform, license, create derivative works from, scrape, download, store, exploit, or otherwise use any portion of the Services or their content for commercial or other unauthorized purposes.
Nothing in these Terms grants or shall be construed as granting any license, title, or other right in or to any patent, copyright, trademark, trade dress, design, trade secret, or other intellectual property of La Bamba New York, Shopify, or any third party except as expressly stated.
La Bamba New York's names, trademarks, logos, product names, designs, slogans, and other source identifiers may not be used without our prior written permission.
All rights not expressly granted are reserved.
SECTION 10 — OPTIONAL TOOLS
We may provide access to third-party tools or functionality that we do not monitor, control, or operate.
To the fullest extent permitted by applicable law, such tools are provided or made accessible “as is” and “as available” without warranties, representations, conditions, or endorsement of any kind.
We shall have no liability arising from or relating to your use of optional third-party tools to the fullest extent permitted by applicable law. Your use of such tools may be subject to separate third-party terms and policies.
New tools, features, functionality, and resources introduced through the Services will also be deemed part of the Services and subject to these Terms unless otherwise stated.
SECTION 11 — THIRD-PARTY LINKS AND SERVICES
The Services may contain links to, content from, or functionality provided by third parties.
We do not control and are not responsible for examining or evaluating the content, accuracy, availability, security, practices, products, or services of third parties.
To the fullest extent permitted by applicable law, we are not liable for loss or damage arising from your access to or use of third-party websites, products, services, resources, or content.
You should review the terms, privacy policies, and practices of any third party before engaging with it. Complaints or questions regarding third-party products or services should be directed to the applicable third party.
SECTION 12 — RELATIONSHIP WITH SHOPIFY
La Bamba New York is powered by Shopify, which enables us to provide the Services to you. However, sales and purchases made through our store are made directly between you and La Bamba New York.
By using the Services, you acknowledge and agree, to the fullest extent permitted by applicable law, that Shopify is not responsible for any aspect of sales between you and La Bamba New York, including any injury, damage, or loss resulting from products purchased from La Bamba New York.
To the fullest extent permitted by applicable law, you release Shopify and its affiliates from claims, damages, and liabilities arising from or related to purchases and transactions made directly with La Bamba New York.
SECTION 13 — PRIVACY
Personal information collected through the Services is handled in accordance with our Privacy Policy.
Because the Services are hosted by Shopify, Shopify may collect and process personal information relating to your access to and use of the Services in order to provide and improve the Services. Certain personal information may also be processed in accordance with Shopify's applicable privacy policies.
Please review our Privacy Policy for information concerning our collection, use, disclosure, retention, and other processing of personal information.
SECTION 14 — FEEDBACK AND SUBMISSIONS
If you submit, upload, post, email, transmit, or otherwise provide ideas, suggestions, feedback, reviews, proposals, plans, photographs, comments, or other content to us (“Feedback”), you represent and warrant that you own or otherwise possess all rights necessary to provide the Feedback and grant the rights described below.
To the fullest extent permitted by applicable law, you grant La Bamba New York a perpetual, worldwide, irrevocable, non-exclusive, transferable, sublicensable, royalty-free license to use, reproduce, modify, adapt, publish, translate, distribute, display, perform, and otherwise exploit such Feedback in any medium for any lawful purpose, including commercial, operational, promotional, and marketing purposes.
You represent and warrant that your Feedback will not violate any law or any intellectual property, privacy, publicity, contractual, or other right of a third party and will not contain unlawful, defamatory, abusive, obscene, malicious, fraudulent, or harmful material or malicious software.
Except where otherwise required by applicable law, we are under no obligation to maintain Feedback in confidence, compensate you for Feedback, use Feedback, or respond to Feedback.
You remain solely responsible for Feedback you submit and its accuracy.
SECTION 15 — ERRORS, INACCURACIES AND OMISSIONS
The Services may contain typographical errors, inaccuracies, or omissions relating to matters including product descriptions, pricing, promotions, availability, shipping charges, transit times, and other information.
To the fullest extent permitted by applicable law, we reserve the right at any time and without prior notice to correct errors, inaccuracies, or omissions; update or modify information; and cancel orders affected by materially inaccurate information, including after an order has been submitted.
If we cancel an order after collecting payment, we will provide the refund required as a result.
SECTION 16 — PROHIBITED USES
You may access and use the Services only for lawful purposes and in accordance with these Terms.
You may not, directly or indirectly: use the Services for an unlawful, fraudulent, deceptive, abusive, or malicious purpose; violate applicable law; infringe our rights or the rights of others; harass, threaten, defame, abuse, or harm another person; submit false or misleading information; transmit malicious software or code; distribute spam or unauthorized solicitations; impersonate another person or entity; collect or track personal information unlawfully; interfere with or impair the operation or security of the Services; circumvent technical, security, access-control, or anti-bot measures; engage in unauthorized resale or commercial exploitation; or use the Services in a manner that could damage La Bamba New York, Shopify, another user, or any third party.
Except as expressly authorized by us or permitted by applicable law, you may not use any robot, spider, crawler, scraper, data-mining or extraction tool, artificial-intelligence system, automated agent, automated process, or manual process to access, monitor, copy, extract, reproduce, train on, index, or otherwise exploit the Services or their content.
We reserve the right to investigate suspected violations and, to the fullest extent permitted by applicable law, suspend or terminate access, cancel orders, restrict purchasing privileges, or take other appropriate action in response.
SECTION 17 — AUTOMATED AGENTS
For purposes of this Section, an “Agent” means software or a service that takes autonomous or semi-autonomous action on behalf of or at the instruction of a person or entity.
No Agent may access or interact with the Services in violation of these Terms or applicable technical restrictions.
An Agent may not conceal or misrepresent its automated nature; mimic human activity for purposes of circumventing restrictions; complete, defeat, or circumvent CAPTCHAs or similar measures; bypass technical restrictions or access controls; or falsely represent automated activity as human activity.
We reserve the right to restrict, condition, or block automated access to the Services to the fullest extent permitted by applicable law.
SECTION 18 — FORCE MAJEURE
To the fullest extent permitted by applicable law, La Bamba New York will not be liable for any delay, failure to perform, interruption, or inability to perform an obligation caused by events beyond our reasonable control, including acts of God, natural disasters, fire, flood, earthquake, epidemic or pandemic, war, terrorism, civil unrest, governmental action, embargo, sanctions, labor disputes, transportation interruption, carrier disruption, customs delay, utility failure, telecommunications or internet outage, cyberattack, failure of suppliers or service providers, or other events beyond our reasonable control.
Our obligations affected by such an event will be suspended for the duration and to the extent of the event, subject to any rights or remedies that cannot lawfully be excluded.
SECTION 19 — TERMINATION
We may suspend or terminate these Terms or your access to all or any portion of the Services, to the fullest extent permitted by applicable law, if you violate these Terms, engage in fraudulent or abusive conduct, misuse the Services, or otherwise engage in conduct that we reasonably determine may harm La Bamba New York, Shopify, another user, or a third party.
Termination does not affect rights, remedies, obligations, or liabilities accrued before termination.
Provisions that by their nature should survive termination, including Intellectual Property, Feedback and Submissions, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver and Entire Agreement, Assignment, and Governing Law, will survive termination.
SECTION 20 — DISCLAIMER OF WARRANTIES
THE INFORMATION PRESENTED ON OR THROUGH THE SERVICES IS PROVIDED FOR GENERAL INFORMATIONAL PURPOSES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DO NOT WARRANT THE ACCURACY, COMPLETENESS, RELIABILITY, OR USEFULNESS OF SUCH INFORMATION.
EXCEPT AS EXPRESSLY STATED BY LA BAMBA NEW YORK OR REQUIRED BY APPLICABLE LAW, THE SERVICES AND PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, LA BAMBA NEW YORK DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT.
WE DO NOT GUARANTEE, REPRESENT, OR WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.
SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS. NOTHING IN THESE TERMS EXCLUDES, RESTRICTS, OR MODIFIES A WARRANTY, GUARANTEE, CONDITION, RIGHT, OR REMEDY THAT CANNOT LAWFULLY BE EXCLUDED, RESTRICTED, OR MODIFIED.
SECTION 21 — LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL LA BAMBA NEW YORK OR ITS AFFILIATES, PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, SUPPLIERS, OR LICENSORS, OR SHOPIFY OR ITS AFFILIATES, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF BUSINESS, LOSS OF GOODWILL, LOSS OF DATA, REPLACEMENT COSTS, OR SIMILAR DAMAGES, ARISING OUT OF OR RELATING TO THE SERVICES, THESE TERMS, OR PRODUCTS PURCHASED THROUGH THE SERVICES, WHETHER ARISING IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, STATUTE, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, LA BAMBA NEW YORK SHALL NOT BE LIABLE FOR LOSS OR DAMAGE ARISING FROM: (A) YOUR USE OF OR INABILITY TO USE THE SERVICES; (B) YOUR RELIANCE ON INFORMATION MADE AVAILABLE THROUGH THE SERVICES; (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (D) THIRD-PARTY WEBSITES, SERVICES, PRODUCTS, OR CONDUCT; (E) SHIPPING, DELIVERY, CUSTOMS, OR CARRIER EVENTS FOR WHICH LIABILITY MAY LAWFULLY BE EXCLUDED; OR (F) ANY OTHER MATTER RELATING TO THE SERVICES FOR WHICH LIABILITY MAY LAWFULLY BE LIMITED OR EXCLUDED.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IF LA BAMBA NEW YORK IS FOUND LIABLE TO YOU FOR A CLAIM ARISING FROM OR RELATING TO A PARTICULAR PURCHASE, OUR AGGREGATE LIABILITY FOR THAT CLAIM SHALL NOT EXCEED THE AMOUNT ACTUALLY PAID BY YOU TO LA BAMBA NEW YORK FOR THE PRODUCT OR ORDER GIVING RISE TO THE CLAIM.
THE LIMITATIONS IN THIS SECTION APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW.
NOTHING IN THESE TERMS EXCLUDES OR LIMITS LIABILITY THAT CANNOT LAWFULLY BE EXCLUDED OR LIMITED.
SECTION 22 — INDEMNIFICATION
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS LA BAMBA NEW YORK, SHOPIFY, AND OUR AND THEIR RESPECTIVE AFFILIATES, PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, LICENSORS, SERVICE PROVIDERS, AND SUPPLIERS FROM AND AGAINST THIRD-PARTY CLAIMS, DEMANDS, ACTIONS, PROCEEDINGS, LOSSES, DAMAGES, LIABILITIES, JUDGMENTS, SETTLEMENTS, COSTS, AND EXPENSES, INCLUDING REASONABLE ATTORNEYS’ FEES, ARISING OUT OF OR RELATING TO: (A) YOUR BREACH OF THESE TERMS OR ANY POLICY INCORPORATED BY REFERENCE; (B) YOUR VIOLATION OF APPLICABLE LAW; (C) YOUR VIOLATION OF THE RIGHTS OF A THIRD PARTY; (D) YOUR FEEDBACK OR OTHER CONTENT; OR (E) YOUR FRAUDULENT, UNAUTHORIZED, OR UNLAWFUL USE OF THE SERVICES.
We reserve the right, at your expense and to the extent permitted by applicable law, to assume control of the defense of a matter subject to indemnification. You agree to reasonably cooperate in the defense of any such matter.
SECTION 23 — SEVERABILITY
If any provision of these Terms is determined to be unlawful, invalid, void, or unenforceable, that provision will be enforced to the fullest extent permitted by applicable law and, to the extent necessary, the unenforceable portion will be severed.
The invalidity or unenforceability of one provision will not affect the validity or enforceability of the remaining provisions.
SECTION 24 — WAIVER; ENTIRE AGREEMENT
Our failure or delay in exercising or enforcing a right or provision of these Terms does not constitute a waiver of that right or provision.
These Terms, together with our Privacy Policy, Shipping & Returns policy, and any other terms or policies expressly incorporated by reference, constitute the entire agreement between you and us concerning the subject matter addressed herein and supersede prior or contemporaneous agreements, communications, representations, and proposals concerning that subject matter.
No waiver by us will be effective unless made in writing by an authorized representative of La Bamba New York.
SECTION 25 — ASSIGNMENT
You may not assign, delegate, or transfer these Terms or any right or obligation under them without our prior written consent, and any attempted assignment in violation of this provision will be void to the extent permitted by applicable law.
We may assign or transfer these Terms and our rights and obligations under them, without your consent, to an affiliate or in connection with a merger, acquisition, corporate reorganization, financing, sale of assets, transfer of business, or similar transaction, subject to applicable law.
SECTION 26 — GOVERNING LAW AND JURISDICTION
To the fullest extent permitted by applicable law, these Terms and any dispute, claim, or controversy arising out of or relating to these Terms, the Services, or a purchase made through the Services will be governed by the laws of the State of California, without regard to conflict-of-laws principles.
To the fullest extent permitted by applicable law, you and La Bamba New York consent to the exclusive jurisdiction and venue of the state and federal courts located in Los Angeles County, California for disputes arising out of or relating to these Terms, the Services, or purchases made through the Services.
If you are a consumer residing in a jurisdiction whose mandatory laws grant you rights, remedies, or jurisdictional protections that cannot lawfully be waived or restricted by contract, nothing in this Section deprives you of those mandatory protections.
SECTION 27 — HEADINGS
Headings are provided for convenience only and do not limit, expand, or otherwise affect the interpretation of these Terms.
SECTION 28 — CHANGES TO THESE TERMS
You may review the current version of these Terms at any time on this page.
We reserve the right, to the fullest extent permitted by applicable law, to amend, update, or replace these Terms by posting an updated version through the Services.
Where required by applicable law, we will provide notice of material changes. Changes will become effective on the date stated in the applicable notice or updated Terms.
Your continued use of the Services after revised Terms become effective constitutes acceptance of those revised Terms to the extent permitted by applicable law.
SECTION 29 — CONTACT INFORMATION
Questions concerning these Terms & Conditions may be directed to:
La Bamba New York
Operated by: La Bamba Group, Inc.
clientservices@labambanewyork.com
5 Union Square West, FRNT 1 #1369
New York, NY 10003
United States