Please Read This Document Carefully. It Contains Very Important Information Regarding Your Rights and Obligations, Including Limitations and Exclusions That Might Apply to You.
1. Changes in Products and Pricing
We are constantly updating and revising our offerings of Products, and we may discontinue Products at any time without notice. All pricing for the Products is subject to change. For all of our prices and Products, we reserve the right to make adjustments due to changing market conditions, Product discontinuation, price changes for materials used in our Products, errors in advertisements, and other extenuating circumstances.
We attempt to be as accurate as possible with Product descriptions and prices. However, we do not warrant that Product descriptions or prices are accurate. In the event that a Product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or Product, we shall have the right to refuse or cancel any orders placed for Products listed at the incorrect price. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit or debit card has been charged. If your credit or debit card has already been charged for the purchase and your order is canceled, we shall immediately issue a refund to your credit or debit card account in the amount of the charge and advise you of the canceled order.
2. Order Acceptance and Cancellation
Your receipt of an electronic, or other form of, order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right at any time after receipt of your order to accept, decline, or limit your order for any reason, whether or not your credit card has been charged. If applicable, your order will be refunded in the original form of payment. If your credit card has been charged and your order is canceled, we will immediately issue a refund to your credit card account in the amount of the charge and notify you that your order was canceled.
Preorders & Custom Orders
Once you place preorder or custom order, we will not be able to make changes to the order. This includes size changes, style changes, quantities, etc. As soon as the preorder or custom order has been placed, it cannot be canceled. The estimated delivery timeframe listed on the site is an estimate and we cannot be held responsible for any reasonable delays. Any delays, production changes, or cancellations will be communicated to the customer as soon as the information is available to us. Any other cancellation requests are at the discretion of Gabriela Cadena.
In Stock Orders
In Stock orders may be canceled any time before the order is packed by contacting [email protected] as soon as possible. If the cancelation is timely received, you will receive a full refund, including any shipping, duties, and/or regional taxes.
3. Payment Terms
Terms of payment are within our sole discretion and, unless otherwise agreed by us in writing, shall be as follows:
All orders are subject to verification for security reasons. You will be contacted and will have 48 hours to complete verification process. If you do not respond after such time, you will be notified and the order will be canceled and refunded in the original payment method.
Payments will be processed in United States dollars. Charges for shipping and handling will be made in accordance with our then-current shipping policies, as described below. Payments made on debit/credit cards outside of US Dollars will be calculated using currency conversion on www.xe.com on the day of the transaction. You agree that Gabriela Cadena is not responsible for any credit shortages due to currency conversion rates.
If you preorder Products, you will be required to pay fifty percent (50%) of the amount due as a deposit at the time you place your order, exclusive of shipping fees and taxes. We will charge the remaining fifty percent (50%) of the amount due, plus shipping fees, and any taxes or duties owed at such time as the Product is ready for shipment. If you order Products available for immediate shipping, you will be required to pay the full amount due, plus shipping fees and any taxes and/or duties associated with the Product at the time you place your order.
Please be aware that because of the “pre-sale” nature of such transactions, you should expect a wait period of approximately four to six (4 to 6) months between the date you place your order and the date that the Product is ready for shipment. The estimated delivery window will be noted on the Product page of the respective Product.
4. Shipping Fees, Taxes, and International Duties
If you are shipping within the United States of America, sales tax will be charged on orders shipping to New York State. For preorder Products, this tax will be charged at such time as the Product is ready for shipment and for all other Products, this tax will be charged at the time you place your order for the Product. No other tax or import duty will be applied to orders shipped within the United States.
Orders shipped from our New York warehouse will be sent via FedEx or UPS. If you are shipping outside the United States, no taxes or duties will be charged by Gabriela Cadena. This detail will be noted at Checkout and on the confirmation email sent once order has been placed. As the recipient, you will be responsible and liable for all import duties, customs and local sales taxes levied by the country you are shipping to. Payment of these amounts will be necessary to release your order from customs on arrival. For preorder Products, all relevant shipping fees will be charged at such time as the Product is ready for shipment and for all other Products, such shipping fees, will be charged at the time you place your order for the Product. The costs of shipping and any import taxes, and duties paid are non-refundable.
5. Shipping Policy
We offer a variety of shipping options to meet your shipping needs. Please check the shipping options at checkout for specific delivery options and fees. No C.O.D. orders can be accepted.
Please note that the posted shipping time frame, if provided, may vary from item to item. The posted shipping time frame is contingent upon credit card approval and may be delayed should we experience difficulties in obtaining authorization.
These shipping terms, including the terms set forth in our Shipping Guidelines, are accepted by you by placing an order with us.
All orders are dispatched with ‘Signature Required’ and will require a signature at the time of delivery. Gabriela Cadena is not responsible for any additional shipping costs that may be charged if nobody is available to sign at the time of delivery. Gabriela Cadena is also not responsible for any international shipping delays caused by the customs clearance process.
6. Advertising Disclaimer
We attempt to be as accurate as possible with Product descriptions and prices. However, we do not warrant that Product descriptions or prices are accurate. In the event that a Product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or Product information, we shall have the right to refuse or cancel any orders placed for Products listed at the incorrect price. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit or debit card has been charged. If your credit or debit card has already been charged for the purchase and your order is canceled, we shall immediately issue a refund to your credit or debit card account in the amount of the charge and advise you of the canceled order.
7. Price Adjustment Policy
Gabriela Cadena will honor price adjustments on products purchased within a 15-day period prior to the start of a sale. Please note that the product has to still be available on the site in the same size originally purchased.
Gabriela Cadena is only able to honor price adjustments at the initial markdown, and will be unable to honor them with subsequent markdowns or changes in prices, if any. Gabriela Cadena will not price match any sale or discount prices with any other retailers, including affiliates.
8. Limitation of Liability
In no event shall we or our suppliers have any obligations or liabilities to you or any other person for loss of profits, for loss of business or use, or for incidental, punitive, special or consequential damages, whether based on contract, tort (including negligence), products liability, or any other theory or form of action, even if we have been advised of the possibility thereof, arising out of or in connection with the sale, delivery, or use of the Products. Our sole and entire maximum liability (and the liability of our suppliers) for any reason, and your sole and exclusive remedy for any cause whatsoever, shall be limited to the actual amount paid by you for the Products you have ordered through our Website. Some jurisdictions do not allow the limitation or exclusion of liability for certain damages, so the above limitations and exclusions may not apply to you to the extent such jurisdiction’s law is applicable to your purchase of Products.
9. Return Policy
Pre-orders and custom orders are FINAL SALE and no refunds will be issued under any circumstances. Gabriela Cadena offers complimentary return shipping on all ‘in-stock’ orders. We are pleased to accept timely returns of new and unused ‘in-stock’ products within 15 days from the date you received your order. Returns will be refunded to the original method of payment, where applicable.
Your products must be returned in the original packaging, including any boxes, hangers, garment bags, and other signature packaging materials, including Gabriela Cadena hanging tags. Any returned products which are damaged, do not include the packaging materials, soiled, or altered may not be accepted and will be returned to you. Refunds or credits will not be processed until the items are returned and inspected by Gabriela Cadena.
Products that are received damaged or become damaged by a manufacturing fault within three (3) months of purchase are considered faulty. Items that become damaged as a result of normal wear and tear are not considered to be faulty. Gabriela Cadena will determine, in its sole judgment and discretion, whether the damage is as a result of normal wear and tear or some other reason.
Damaged or faulty products will be replaced or repaired, where possible and subject to availability. Where possible we will offer to repair the faulty item. If a product cannot be replaced or repaired, you are entitled to a full refund within the three (3) month period.
Any product returned outside of the 15-day return policy are at the discretion of Gabriela Cadena, and may not be accepted.
We have made every effort possible to ensure the colors are displayed as accurately as possible. Gabriela Cadena cannot guarantee your computer’s monitor will accurately display the true color. If you have any questions about the color of an item please contact [email protected] prior to placing your order.
All products not eligible to be returned will be noted in the Product Details. No returns or exchanges will be accepted on pre-order or customer orders and sales of these following items are considered Final Sale.
10. Contests and Promotions
On occasion Gabriela Cadena issues promotional codes, site credits, and similar “gift certificates” which will provide a credit towards a purchase on the Website when redeemed at checkout. These codes are non-transferrable, and are to be used only by the intended recipient. In particular, Gabriela Cadena reserves the right to cancel a promotion and/or to reject redemption of a promotional code when the total value of the promotional code exceeds a certain value, generally the price of the item for which the promotional code is used.
Promotions are only eligible for full-priced products and are limited to one per transaction. Minimum spends may be required and will be communicated on any correspondence. Where a promotion has been communicated via email, the promotional code is non-transferable and the email address provided during checkout must be the same as the email address to which the promotion was sent. Gabriela Cadena shall not be liable to any customer for any financial loss arising out of the refusal, cancellation or withdrawal of a promotion or any failure or inability of a customer to use a promotional code for any reason.
Promotional codes do not cover the costs of any shipping, duties, and/or regional taxes where applicable. These are to be paid by you. Promotions may be applied to new preorder or custom orders, but will only be deducted from the balance due. The 50% deposit must be paid at the time the order is placed.
All promotions have an expiration date which will be indicated in your account or in any communication to the customer. Once a promotion has expired the amount may not be refunded. If the promotion is still active, it will be refunded back to the customer’s account to be used towards a future order.
Any and all Gabriela Cadena contest rules and regulations will be communicated directly to the customer.
11. Use of Material on the Site
All content on this Website (including, without limitation, text, design, graphics, logos, icons, images, audio clips, downloads, interfaces, code and software, as well as the selection and arrangement thereof), is the exclusive property of and owned by Gabriela Cadena, its licensors or its content providers and is protected by copyright, trademark and other applicable laws. You may access, copy, download and print the material contained on the site for your personal and non-commercial use, provided you do not modify or delete any copyright, trademark or other proprietary notice that appears on the material you access, copy, download or print. Any other use of content on the site, including but not limited to the modification, distribution, transmission, performance, broadcast, publication, uploading, licensing, reverse engineering, transfer or sale of, or the creation of derivative works from, any material, information, software, products or services obtained from the site, or use of the site for purposes competitive to Gabriela Cadena, is expressly prohibited. Gabriela Cadena reserves the right to refuse or cancel any person’s registration for this site, remove any person from this site or prohibit any person from using this site for any reason whatsoever. Gabriela Cadena, or its licensors or content providers, retain full and complete title to the material provided on the site, including all associated intellectual property rights, and provide this material to you under a license that is revocable at any time in our sole discretion. Gabriela Cadena neither warrants nor represents that your use of materials on this site will not infringe rights of third parties not affiliated with Gabriela Cadena.
You may not use contact information provided on the site for unauthorized purposes, including marketing. You may not use any hardware or software intended to damage or interfere with the proper working of the site or to surreptitiously intercept any system, data or personal information from the site. You agree not to interrupt or attempt to interrupt the operation of the site in any way. Gabriela Cadena reserves the right, in its sole discretion, to limit or terminate your access to or use of the site at any time without notice. You are personally liable for any orders that you place or charges or other liabilities that you incur prior to termination. Termination of your access or use will not waive or affect any other right or relief to which we may be entitled, at law or in equity.
12. Trademarks and Copyrights
Trademarks, logos and service marks displayed on this site are unregistered trademarks of Gabriela Cadena LLC, their licensors or content providers, or other third parties. Nothing on this site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on the site without the owner’s prior written permission, except as otherwise described herein. Gabriela Cadena reserves all rights not expressly granted in and to the site and its content. This site and all of its content, including but not limited to text, design, graphics, interfaces and code, and the selection and arrangement thereof, is protected as a compilation under the copyright laws of the United States and other countries.
13 Conduct on the Site
Some features that may be available on this site require registration. By registering at and in consideration of your use of the site you agree to provide true, accurate, current and complete information about yourself.
Some features on this site require use of a password. You are responsible for protecting your password. You agree that you will be responsible for any and all statements made, and acts or omissions that occur, through the use of your password. If you have any reason to believe or become aware of any loss, theft or unauthorized use of your password, notify Gabriela Cadena immediately. Gabriela Cadena may assume that any communications Gabriela Cadena receives under your password have been made by you unless Gabriela Cadena receives notice otherwise.
You or third parties acting on your behalf are not allowed to frame this site or use our proprietary marks as meta tags, without our written consent. You may not use frames or utilize framing techniques or technology to enclose any content included on the site without Gabriela Cadena ‘s express written consent. Further, you may not utilize any site content in any meta tags or any other “hidden text” techniques or technologies without Gabriela Cadena ‘s express written consent.
These terms and conditions constitute the entire agreement and understanding between us concerning the subject matter hereof. If any provision of this agreement is unlawful, void or unenforceable, the remaining provisions of the agreement will remain in place. These terms and conditions may not be altered, supplemented, or amended by the use of any other documents without our express consent. The laws of the State of New York, without regard to the conflicts of laws principles thereof, will apply to all matters relating to the use of this Website and the purchase of Products. Each of us agrees and hereby submits to the exclusive personal jurisdiction and venue of the State and Federal Courts of New York located in Manhattan with respect to such matters.