Terms of service
CONSUMER CUSTOMER TERMS & CONDITIONS
1 APPLICABILITY
1.1 This website is operated by La Cabra Roastery LLC, a New York limited liability company with a principal place of business at 1329 Willoughby Avenue, Brooklyn, NY 11237 (“La Cabra”, “we”, “us”, and “our”).
1.2 These terms and conditions (the “Terms”) apply to the access and use of our website (the “Website”) as well as to all orders (”Order”) placed by individual consumer customers (the “Customer”) on our Website and create a legally binding agreement between the Customer and La Cabra regarding a Customer’s use of the Website and any Orders placed on the Website.
1.3 CUSTOMER’S USE OF THE WEBSITE CONSTITUTES CUSTOMER’S UNCONDITIONAL AGREEMENT TO FOLLOW THESE TERMS AND TO BE BOUND BY THEM, THUS PLEASE READ THEM CAREFULLY. IF CUSTOMER DOES NOT ACCEPT THESE TERMS, THEN CUSTOMER SHALL NOT USE THE WEBSITE.
1.4 THE INFORMATION CONTAINED HEREIN SETS FORTH CUSTOMER’S RIGHTS AND OBLIGATIONS WITH RESPECT TO THE SALES TRANSACTION(S) CONTEMPLATED HEREBY. THESE TERMS REQUIRE THE USE OF ARBITRATION (ON AN INDIVIDUAL BASIS ONLY; I.E. CASE CONSOLIDATIONS AND CLASS-ACTIONS ARE NOT PERMITTED) IN ORDER TO RESOLVE DISPUTES. CUSTOMERS MUST PLEASE REVIEW THIS DOCUMENT IN ITS ENTIRETY BEFORE ENTERING INTO ANY TRANSACTION HEREUNDER IN ORDER TO CONFIRM CUSTOMER’S ACCEPTANCE HEREOF. CUSTOMER MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM THIS WEBSITE UNLESS CUSTOMER: (A) AGREES TO THESE TERMS AND CONDITIONS IN THEIR ENTIRETY; (B) IS AT LEAST 18 YEARS OLD; AND (C) IS NOT PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE'S CONTENTS, GOODS, OR SERVICES BY ANY APPLICABLE LAW, RULE, OR REGULATION. PLEASE REVIEW THE MUTUAL ARBITRATION AGREEMENT SET FORTH BELOW CAREFULLY AS IT WILL REQUIRE CUSTOMER TO RESOLVE DISPUTES WITH US ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION AND WAIVING CUSTOMER’S RIGHT TO A CLASS ACTION. BY ENTERING THIS AGREEMENT CUSTOMER EXPRESSLY ACKNOWLEDGES THAT CUSTOMER HAS READ AND UNDERSTAND ALL OF THE TERMS OF THIS MUTUAL ARBITRATION AGREEMENT AND HAS TAKEN THE TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION. THESE TERMS ALSO CONTAIN RELEASES, LIMITATIONS ON LIABILITY, AND PROVISIONS ON INDEMNITY, ALL OF WHICH MAY LIMIT CUSTOMER’S LEGAL RIGHTS AND REMEDIES.
1.5 IMPORTANT INFORMATION FOR US RESIDENTS
BY ENTERING THIS AGREEMENT CUSTOMER EXPRESSLY ACKNOWLEDGES THAT CUSTOMER HAS READ AND UNDERSTAND ALL OF THE TERMS OF THIS MUTUAL ARBITRATION AGREEMENT AND HAVE TAKEN THE TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION. THESE TERMS ALSO CONTAIN RELEASES, LIMITATIONS ON LIABILITY, AND PROVISIONS ON INDEMNITY, ALL OF WHICH MAY LIMIT CUSTOMER’S LEGAL RIGHTS AND REMEDIES.
1.6 We may revise the Terms for future Orders without notice by posting the revised terms on the website. However, any changes or modifications will be effective immediately upon posting of the changes or modifications, and Customer waives any right to receive specific notice of such changes or modifications, and to the extent permitted by law waives any right to receive specific notice of such changes or modifications. Customer’s continued use of the Website following the posting of changes or modifications will confirm Customer’s acceptance of such changes or modifications. If Customer does not agree to the amended Terms, Customer must stop using our Website.
1.7 PLEASE READ THE TERMS CAREFULLY BEFORE PLACING AN ORDER ON OUR WEBSITE.
1.8 The Website is intended solely for La Cabra to sell products to end-customers for their personal use. Thus, any purchase of products intended for resale is strictly prohibited. If La Cabra believes that the Customer is involved in a purchase for resale, La Cabra reserves the right to take any action to enforce this restriction, including without limitation to restrict or cancel Customer’s orders.
1.9 If you have any questions regarding these Terms, please contact us at hello.us@lacabra.com.
2 ORDER AND ORDER CONFIRMATION
2.1 Online Orders: When placing an order on our Website, Customer is offering to purchase whatever products and services Customer selects. We reserve the right to accept or reject any order in our own discretion. We will only accept or reject an order in its entirety. Should we elect to accept Customer’s offer, Customer will receive a confirming email (”Order Confirmation”) at the email address provided with the Order. Our acceptance of the Order takes place when Customer receives the Order Confirmation. Notwithstanding, we reserve the right to cancel any order once accepted by us (as evidenced by a confirming email) at any time in our sole discretion without being liable for damages or costs other than repayment of any amount received from the Customer in relation to the Order. Additionally, Customer has the option of cancelling an order (in its entirety only) at any time prior to our having sent to Customer the confirming email referenced herein.
2.2 If we are unable to supply the products in the Order, we will inform the Customer by email as soon as possible. Fulfilment of any Orders submitted on our Website is subject to availability, and we explicitly reserve the right not to fulfill an Order for any reason.
2.3 We reserve the right, but are not obligated, to limit the sales of our products to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on the Website is void where prohibited.
3 DELIVERY
3.1 Shipping Information: It is our responsibility to ship an accepted order to Customer at the address Customer provided when making the order. Customer will be responsible for all associated shipping & handling charges, unless otherwise noted.
3.2 The Order will be shipped within the timeframe specified in the Order Confirmation, or if no timeframe is specified, then within 30 days of the date of the Order Confirmation. While we agree to use reasonable efforts to meet the shipping and delivery dates provided, we shall not be responsible for any delays in shipments.
3.3 The Customer will receive a notification when the Order is ready for delivery.
3.4 If possible, we will deliver all the products in the Order at the same time. However, we reserve the right to split deliveries, for instance if part of the Order is delayed or unavailable. If we split a delivery, we will notify the Customer by email, and the Customer will not be charged for any additional delivery costs.
3.5 If a shipped Order is returned to us as undeliverable, the Order will be cancelled and Customer must place a new Order on our Website. In such cases, the Customer will be refunded the purchase price less shipping costs.
3.6 All items purchased from the Website are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to Customer upon our delivery to the carrier.
4 PRICES AND PAYMENT
4.1 Payment Terms: All applicable prices are set forth alongside the goods offered on the Website. Such prices are subject to change at any time by us without notice, in our sole discretion. Customer will be responsible for the prices stated at the time of the transaction, as well as any: (i) sales, use, excise, and related taxes; and (ii) shipping and handling charges.
4.2 Payment can be made with Mastercard, Visa, American Express, Discover, Diners Club, Shop Pay, Google Pay, Apple Pay, Meta Pay, and Amazon Pay. By using any such card or payment provider, Customer hereby represents and warrants their full right and authority to make such purchase in the manner elected without violating any applicable law, rule, or regulation.
4.3 The due amount will be deducted from the chosen payment method at the time of shipment.
4.4 Except with respect to orders that may qualify for free shipping, which will be indicated during checkout, Shipping rates are applied to each order. For details on shipping rates see: https://us.lacabra.com/pages/shipping.
5 ELECTRONIC GIFT CERTIFICATES
5.1 Electronic gift certificates (“Gift Certificate”) can be purchased on the Website.
5.2 If the value of a redeemed Gift Certificate is higher than the total amount of the Order, the remaining Gift Card balance will be stored with the Customer’s account for the next purchase using the same Gift Certificate.
5.3 We do not replace lost or stolen Gift Certificates.
5.4 Gift Certificates for our subscription service are issued as separate gift certificates uniquely for the subscription service.
5.5 La Cabra’s Gift Certificates are valid for a period of two (2) years from date of purchase.
6 COFFEE SUBSCRIPTIONS
6.1 Coffee subscription Customers will receive an email with the estimated date of delivery and payment specifications when the subscribed products are ready for delivery. The due amount will be deducted from the chosen payment method when the products are ready for delivery, and the Order will be shipped when the payment has been successfully processed.
6.2 The Customer can login into our Website to change their coffee subscription in the Manage Subscription settings. The Customer can also update shipping schedules, address and billing info, payment information, cancel subscriptions and view the payment history.
6.3 Provided Customer’s payment method remains valid, the coffee subscription will continue until we receive a cancelation in the Customer’s account, and it is the Customers sole responsibility to cancel an active subscription. If the Customer cancel a subscription, the cancellation comes into effect when the Customer receives a cancellation confirmation via email. We reserve the right to suspend or cancel a coffee subscription in the event Customer’s designated payment method is rejected or becomes invalid.
6.4 International coffee subscriptions will be sent as economy shipment. We also offer Express options for an extra fee. See our shipping page for more info https://us.lacabra.com/pages/shipping.
7 CANCELLATION AND RETURNS
7.1 The Customer may cancel any Order for any reason provided we have not yet shipped the Order. The Customer can cancel an Order by sending a message to our customer service via the online chat.
7.2 Event tickets and opened or unsealed packages of coffee or chocolate products are ineligible for return or refund. Customers may request a return of other products for a refund by following the instructions in our return policy at https://us.lacabra.com/pages/returns to make a return request within fourteen (14) days of the delivery date of the Order. All return requests must be submitted within fourteen (14) days of delivery of the Order and any return requests received on a later date will not be honored.
7.3 If we accept a Customer return request, the products must be returned to us no later than thirty (30) calendar days from the day on which we accept the return request and issue a return authorization number.
7.4 All coffee or food products included in a return must be returned in brand new, unused condition, with all tags attached and all packaging sealed, unbroken, and undamaged. If any items in the return the packaging of such products is broken, the Customer will lose the right to cancel the Order.
7.5 All other products must be returned in original packaging. The packaging may be opened but must not be damaged or destroyed. If the packaging is missing or damaged, we reserve the right to charge a restocking fee of 20% of the purchase price of each such product, which shall be deducted from any customer refund.
7.6 Shipping any returns to us is solely the Customer’s responsibility, and the products are considered returned when delivered to us in accordance with our return policy.
7.7 Original Order shipping charges, if applicable, are not refundable.
8 ACCOUNT INFORMATION
8.1 Customer will be required to register with us in order to access certain services or areas of the Website or to place an Order. User account credentials, including username and password, are for a Customer’s personal use only, and Customer is responsible for maintaining the confidentiality of account information (including their password) and for restricting access to their account. Customer agrees to accept responsibility for all activities that occur under their account or password. In addition to all other rights available, We reserve the right in our sole discretion to terminate any account, refuse service to any customer, or cancel orders.
8.2 The Customer is solely responsible to make sure that the Customers’ account information is correct and accurate, including but not limited to shipping address, email address, and payment information.
8.3 The Customer must promptly update the Customers’ account information when necessary, so we can complete any transactions and contact the Customer as needed.
9 PRODUCTS
9.1 Other than steeped coffee products, all coffee products are sold in whole bean only.
9.2 We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that any computer monitor's display of any color will be accurate.
9.3 The materials and descriptions on our website are provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material and descriptions is at the Customer’s own risk.
9.4 We do not warrant that product descriptions or other content are accurate, complete, reliable, current, or error-free. While we makes every effort to ensure that our products are described and priced accurately, in the event that an item is deemed to be priced incorrectly, we reserve the right to refuse sale of that item. If the pricing error is discovered after payment has been finalized, we reserve the right to cancel the sale and refund the transaction in full. If a product offered by us is not as described, Customer’s sole remedy is to return it in unused condition.
10 PERSONAL DATA
10.1 The Customers submission of personal data through the Website is governed by La Cabra’s Privacy Policy available at https://us.lacabra.com/policies/privacy-policy.
11 CUSTOMER REPRESENTATIONS
11.1 Customer represent and warrant to us as that:
a. they have the right to enter into any transaction contemplated hereby without violating these Terms, any applicable law, rule, or regulation, and/or any agreement with or rights of any third party;
b. they will not use or access the Website if they are under the age of eighteen (18) or are otherwise incapable of consenting to a legally binding contract;
c. they are buying goods from the Website solely for their own use and not for resale and/or export.
12 INTELLECTUAL PROPERTY
12.1 The Website, including all of its information and contents, such as photographs, images, text, data, wallpapers, icons, characters, artwork, graphics, page layout, form, music, sound, messages, software, and the code used to generate the pages on the Website (collectively the "Content") is the property of La Cabra or that of our authorized suppliers or licensors and is protected by intellectual property and other applicable laws in the United States and/or abroad. Our intellectual property is registered in the United States and abroad. Except as otherwise provided on the Website or in these Terms, Customer may not download, upload, copy, print, display, reproduce, publish, license, post, distribute, or otherwise use any Content from the Website, in whole or in part, for any public or commercial purpose without our specific prior written permission. We are the owner and/or authorized user of the La Cabra brand, as well as any other registered or unregistered trademarks, trade dress, trade names, logos, designs, titles, and product names appearing on the Website, and is the copyright owner or licensee of the Content on the Website, unless otherwise indicated. Customer may not use any metatags or any other "hidden text" utilizing any of our names or trademarks without our express written consent.
12.2 Customer agrees not to infringe any or all of the title, ownership, and intellectual property rights of La Cabra or any third parties. Customer hereby agrees to indemnify and hold us harmless in the event of any claims of breach of intellectual property rights by or through Customer’s use of the Website and any content contained therein (or other material as set forth above). All rights not otherwise claimed under these Terms or by us are hereby reserved.
13 USE OF SOCIAL MEDIA TAGS
13.1 When Customer uses social media tags or handles (such as on Instagram, Facebook, TikTok, or X) that identify or are associated with La Cabra, including without limitation @Lacabra, @lacabracoffee, @lacabrabakery, #lacabra, #lacabracoffee, #lacabrabakery, or any other similar social media tag or handle in any way related to us, Customer agrees to provide us with an unrestricted, irrevocable, non-exclusive, royalty-free, perpetual, fully paid-up, transferable, worldwide license to reproduce and use the uploaded content, including image(s), in our (or our sublicensees’) marketing materials and through all social media channels.
14 CUSTOMER USE OF WEBSITE
14.1 We grant Customer a personal, limited, non-exclusive, nontransferable license to access and make personal, non-commercial use of the Website and the Content and other information contained on the Website. This license does not include any resale or commercial use of the Website; any collection and commercial use of any photographs or other Content published on the Website; any non-personal use of our product names, listings, descriptions, or prices; any derivative use of the Website; any downloading, copying, or other use of the Website or the Content for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. Customer may use the Website only as permitted by law. All rights not expressly granted to Customer in these Terms are reserved and retained by Us and/or our suppliers and licensors. The licenses granted by us to Customer shall automatically terminate if Customer does not comply with these Terms.
15 PROHIBITED USES
15.1 Customer may use the Website only for lawful purposes and in accordance with these Terms. Customer warrants, represents, and agrees not to use the Website:
a. In any way that violates any applicable federal, state, local, or international law or regulation (including without limitation any laws regarding the export of data or software to and from the U.S. or other countries);
b. For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personal information, or otherwise;
c. To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail”, “chain letter”, or “spam”, or any other similar solicitation;
d. To impersonate or attempt to impersonate La Cabra, an employee or agent of ours, another user, or any other person or entity (including without limitation by using email addresses, telephone numbers, or screen names associated with any of the foregoing or otherwise submitting false information);
e. To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm us or visitors or users of the Website, or expose them to liability; or
f. To post or share anything that is illegal, abusive, harassing, harmful to reputation, pornographic, indecent, profane, obscene, hateful, racist, or otherwise objectionable.
15.2 Additionally, Customer warrants, represents, and agrees not to:
a. Use the Website in any manner that could disable, overburden, damage, or impair the Website, or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website;
b. Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website;
c. Use any manual process to monitor or copy any of the material on the Website, or for any other unauthorized purpose without our prior written consent;
d. Use any device, software, or routine that interferes with the proper working of the Website;
e. Introduce any viruses, trojan horses, worms, logic bombs, or other material, code, or program which is malicious or technologically harmful;
f. Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website;
g. Attack the Website via a denial-of-service attack or a distributed denial-of-service attack;
h. Attempt to gain unauthorized access to any personal information that may be contained on the Website, the server on which the Website is stored, or any server, computer, database, or information system connected to the Website;
i. Collect, store, or use personal information about other users of the Website without their consent;
j. Attempt to circumvent any technological measure implemented by us or any of our providers, or any other third party (including another user) to protect the Website;
k. Attempt to decipher, decompile, disassemble, or reverse engineer any of the software or other underlying code used to provide the Website;
l. Otherwise attempt to interfere with the proper working of the Website;
m. Violate, infringe, or misappropriate any other person’s or company’s intellectual property, privacy, publicity, or other legal rights; or
n. Advocate, encourage, or assist any third party in doing any of the foregoing.
16 ERRORS, INACCURACIES, AND OMISSIONS
16.1 Occasionally there may be information on our Website that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel Orders if any information is inaccurate at any time without prior notice.
17 MANUFACTURER’S WARRANTY DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
17.1 We do not manufacture the equipment, water filtration, or tableware products available on our Website. As such, subject to applicable law, we are providing the goods and services to you "as is" without express or implied warranties of any kind (including without limitation any: (i) warranty of merchantability; (ii) warranty of fitness for a particular purpose; (iii) warranty of title; or (iv) warranty against infringement of intellectual property rights of a third party, whether express or implied by law, course of dealing, course of performance, usage or trade, or otherwise). They are, however, covered by the manufacturer's warranty. You can avail yourself of any of the manufacturer's warranties by following the instructions provided in their warranty agreement[s]. You acknowledge and agree that under no circumstances shall we be liable for any breach of the manufacturer's warranty claims and/or for any loss or damages that may arise out of the manufacturer's failure to honor its warranty obligations to you.
17.2 THIS WEBSITE, ALL CONTENT AVAILABLE ON THE WEBSITE, AND ALL PRODUCTS AVAILABLE FOR PURCHASE ON THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE, OR THOSE ARISING OUT OF A COURSE OF DEALING OR USAGE OF TRADE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, CUSTOMER ACKNOWLEDGES AND AGREES BY THEIR USE OF THIS WEBSITE THAT THEIR USE IS AT THEIR SOLE RISK, THAT THEY ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT USED IN CONNECTION WITH THEIR USE OF THE WEBSITE, AND THAT LA CABRA AND ITS PARTNERS, OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, OWNERS, MEMBERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, AND LICENSORS ("AFFILIATES") SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO CUSTOMER’S USE OF THIS WEBSITE.
17.3 IN PARTICULAR, AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, LA CABRA AND ITS AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY OR COMPLETENESS OF CONTENT AVAILABLE ON OR THROUGH THE WEBSITE, OR THE CONTENT OF THE WEBSITE OR ONLINE SERVICES LINKED TO OR INTEGRATED WITH THE WEBSITE.
17.4 TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, LA CABRA AND ITS AFFILIATES WILL HAVE NO LIABILITY FOR ANY: (a) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (b) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM CUSTOMER’S ACCESS TO OR USE OF THE WEBSITE; (c) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR OF ANY PERSONAL INFORMATION OR USER DATA; (d) ANY INTERRUPTION OF TRANSMISSION TO OR FROM THE WEBSITE; (e) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED ON OR THROUGH THE WEBSITE BY ANY THIRD PARTY; OR (f) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED OR SHARED THROUGH THE WEBSITE.
17.5 TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL LA CABRA OR ITS AFFILIATES BE LIABLE TO CUSTOMER OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING FOR THE LOSS OF PROFIT, REVENUE, OR DATA) ARISING OUT OF OR RELATING TO THE WEBSITE OR ANY ORDER, HOWEVER CAUSED, AND UNDER WHATEVER CAUSE OF ACTION OR THEORY OF LIABILITY BROUGHT (INCLUDING UNDER ANY CONTRACT, NEGLIGENCE, OR OTHER TORT THEORY OF LIABILITY), EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
17.6 TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, LA CABRA’S TOTAL AGGREGATE LIABILITY FOR DAMAGES ARISING OUT OF OR IN CONNECTION WITH AN ORDER IS LIMITED TO AN AMOUNT EQUAL TO THE PRICE PAID TO LA CABRA UNDER THE ORDER.
17.7 Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent we may not as a matter of applicable law disclaim any warranty or limit our liability, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such law.
18 INDEMNITY
18.1 To the fullest extent permitted by applicable law, Customer agrees to indemnify and hold us, our partners, members, directors, officers, affiliates, agents, and licensors harmless from any claims, costs, proceedings, demands, losses, damages, and expenses (including without limitation reasonable attorney's fees and legal costs) of any kind or nature made by any third party due to or arising out of (i) Customer’s use of the Website; (ii) Customer’s violation of these Terms; (iii) Customer’s infringement of the intellectual property rights of any third party; (iv) Customer’s violation of any rights of another user; and (v) Customer’s violation of any applicable law, rule, or regulation. If we assume the defense of such a matter, Customer will reasonably cooperate with us in such defense.
19 ARBITRATION AGREEMENT & WAIVER OF CERTAIN RIGHTS
19.1 Customer and La Cabra agree that, except as set forth below, they will resolve any disputes between them (including any disputes between Customer and a third-party agent of La Cabra) through binding and final arbitration instead of through court proceedings. Customer and La Cabra hereby waive any right to a jury trial of any Claim (defined below). All controversies, claims, counterclaims, or other disputes arising between Customer and us, or Customer and a third-party agent of La Cabra (a "Claim") will be resolved exclusively by final and binding arbitration in accordance with the Rules of the American Arbitration Association ("AAA Rules"). The arbitration will be heard and determined by a single arbitrator. The place of arbitration shall be New York County, within New York State. The arbitrator's decision in any such arbitration will be final and binding upon the parties and may be enforced in any court of competent jurisdiction. The parties agree that the arbitration proceedings will be kept confidential and that the existence of the proceeding and any element of it (including without limitation any pleadings, briefs, or other documents submitted or exchanged, and any testimony or other oral submissions and awards) will not be disclosed beyond the arbitration proceedings, except as may lawfully be required in judicial proceedings relating to the arbitration, by applicable disclosure rules and regulations of securities regulatory authorities, or other governmental agencies, or as specifically permitted by state law. The Federal Arbitration Act and federal arbitration law apply to this agreement. However, the arbitrator and not any federal, state, or local court or agency shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of these Terms, including but not limited to a claim that all or any part of these Terms is void or voidable.
19.2 Sole Exceptions to Arbitration
19.2.1 Notwithstanding the foregoing, in lieu of arbitration: (1) either Customer or La Cabra can bring an individual claim in small claims court in the United States of America consistent with any applicable jurisdictional and monetary limits that may apply, provided that it is brought and maintained as an individual claim; and (2) Customer agrees that Customer or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights. This arbitration agreement does not preclude Customer or us from seeking action by federal, state, or local government agencies. In addition, Customer and we retain the right to apply to any court of competent jurisdiction for provisional relief, including pre-arbitral attachments or preliminary injunctions, and any such request shall not be deemed incompatible with these Terms, nor a waiver of the right to have disputes submitted to arbitration as provided in these Terms.
19.3 Jury Trial And Class Action Waiver
19.3.1 Neither Customer nor we may act as a class representative or private attorney general, nor participate as a member of a class of claimants with respect to any Claim. Claims may not be arbitrated on a class or representative basis. The arbitrator can decide only Customer’s and/or our individual Claims. The arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated.
19.3.2 If any provision of this Section 19.3 is found to be invalid or unenforceable, then that specific provision shall be of no force and effect and shall be severed, but the remainder of this Section 19.3 shall continue in full force and effect. If for any reason a claim proceeds in court rather than in arbitration, Customer and we each waive any right to a jury trial. No waiver of any provision of this Section 19.3 of the Terms will be effective or enforceable unless recorded in a writing signed by the party waiving such a right or requirement. Such a waiver shall not waive or affect any other portion of this Terms. The arbitrator may award in the arbitration the same damages or other relief available under applicable law, including injunctive and declaratory relief, as if the action were brought in court on an individual basis. Notwithstanding anything to the contrary in the foregoing or herein, the arbitrator may not issue a "public injunction" and any such "public injunction" may be awarded only by a federal or state court. If either party seeks a "public injunction", all other claims and prayers for relief must be adjudicated in arbitration first, and any prayer or claim for a "public injunction" in federal or state court stayed until the arbitration is completed, after which the federal or state court can adjudicate the party's claim or prayer for "public injunctive relief." In doing so, the federal or state court is bound under principles of claim or issue preclusion by the decision of the arbitrator.
19.3.3 THIS SECTION 19.3 LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN AAA RULES, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT CUSTOMER OR WE WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.
19.3.4 Waiver of Rights under California Civil Code Section 1542. Customer expressly acknowledges and agrees that all rights under Section 1542 of the California Civil Code are expressly waived. That section provides: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR. In addition, Customer hereby knowingly and voluntarily waives any protection that may exist under any comparable or similar statutes and principles of common law or any other state laws as it pertains to the enforcement of the waivers provided in these Terms.
19.4 This Section 19 of the Terms will survive the termination of Customer’s relationship with La Cabra.
20 FORCE MAJEURE
20.1 Force majeure means an act or event beyond our reasonable control, including without limitation strikes, lock outs, or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic, pandemic, or other natural disaster and associated consequences in the form of quarantine or prohibition by authorities and impact on infrastructure.
20.2 If a force majeure event takes place and affects the performance of our obligations under the Terms:
a. we will contact the Customer as soon as reasonably possible;
b. our obligations under these Terms will be suspended; and
c. the time for performance of our obligations will be extended for the duration of the force majeure event.
20.3 Where a force majeure event affects our delivery of an Order, we will arrange a new delivery date after the force majeure event is over. The Customer may cancel the contract if a force majeure event takes place. La Cabra shall not have any further liability towards the Customer due to a force majeure event.
21 MISCELLANEOUS
21.1 La Cabra may at any time transfer all rights and obligations under the Terms to another legal entity or third party without affecting the Customer’s rights or obligations under the Terms.
21.2 If La Cabra fail to insist that the Customer perform any obligations under the Terms, or if we do not enforce our rights against the Customer, or if we delay in doing so, it will not mean that we have waived our rights against the Customer, and it will not mean that the Customer is released from fulfilling these obligations.
21.3 If any provisions of the Terms are determined to be unlawful, void, or unenforceable, such provisions shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.
21.4 The provisions of the sections of the Terms entitled PERSONAL DATA, CUSTOMER REPRESENTATIONS, INTELLECTUAL PROPERTY, USE OF SOCIAL MEDIA TAGS, CUSTOMER USE OF WEBSITE, PROHIBITED USES, MANUFACTURER’S WARRANTY, DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY, INDEMNITY, ARBITRATION AGREEMENT & WAIVER OF CERTAIN RIGHTS, and GOVERNING LAW, together with any other rights and obligations which by their nature are reasonably intended to survive such termination, will survive any termination of these Terms.
22 COMPLAINTS
22.1 In case the Customer wish to file a complaint, please contact us via email at hello.us@lacabra.com.
22.2 Customers in the EU, Norway, Iceland, or Lichtenstein may also file a complaint to the Online Dispute Resolution (ODR) platform: http://ec.europa.eu/odr.
23 ACCESSIBILITY
23.1 We strive to make our Website content accessible and user-friendly. Any Customer having difficulty viewing the content on this Website or navigating the Website should please email our team at hello.us@lacabra.com and we will be happy to assist you.
24 GOVERNING LAW
24.1 Any dispute between the Customer and La Cabra shall be governed in all respects by the substantive laws of New York State without regard to choice of law provisions.
24.2 The 1980 U.N. Convention on Contracts for the International Sale of Goods shall not apply.
25 VIOLATIONS
25.1 Please report any violations of these Terms to Us by emailing us at hello.us@lacabra.com.
26 QUESTIONS?
26.1 For any questions, comments, or complaints about these Terms or the Website, please email us at hello.us@lacabra.com.