Terms of service

 

Last Updated: Sept 29, 2026

These Terms of Service (the “Terms”) constitute a legally binding contract between you (“you,” “your,” or “User”) and Artbypcb, LLC, DBA Paloma Cale Designs(“PCD,” “we,” “us,” or “our”).

These Terms govern your access to and use of our website located at palomacaledesigns.com (the “Site”), our mobile messaging programs, customer care channels, social media interactions, and any related products, orders, or services (collectively, the “Services”).

IMPORTANT NOTICE REGARDING DISPUTE RESOLUTION

PLEASE READ SECTION 13 CAREFULLY. IT REQUIRES YOU AND PALOMA CALE DESIGNS TO RESOLVE DISPUTES ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION, WAIVES YOUR RIGHT TO A JURY TRIAL OR COURT PROCEEDING, PROHIBITS CLASS, COLLECTIVE, OR REPRESENTATIVE ACTIONS, AND ESTABLISHES A BATCHING PROTOCOL FOR MULTIPLE ARBITRATION FILINGS, EXCEPT AS SPECIFICALLY PROVIDED HEREIN.

• Binding Contract: By accessing, browsing, creating an account, making a purchase, participating in our rewards or messaging programs, or otherwise using our Services, you agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference.
• Eligibility: You represent that you are at least 18 years of age (or the legal age of majority in your jurisdiction) and have the full legal capacity to enter into these Terms.
• E-SIGN Consent: In accordance with the Electronic Signatures in Global and National Commerce Act (15 U.S.C. § 7001 et seq.), you expressly consent to conduct transactions and receive communications from PCD electronically. You agree that all agreements, notices, disclosures, order confirmations, and legal communications provided to you electronically satisfy any legal requirement that such communications be in writing.

To access certain features (such as order history or wishlists), you may register an account.

• Accuracy: You agree to provide true, accurate, current, and complete information and promptly update your profile.
• Confidentiality: You are solely responsible for maintaining the confidentiality of your account login credentials and password. You agree to notify PCD immediately at support@palomacaledesigns.com of any unauthorized access or security breach.
• Account Liability: You are responsible for all activities occurring under your account credentials prior to notifying us of a compromise.

PCD designs original textile artwork across apparel, sleepwear, accessories, and home goods.

• Color Representation: We make every reasonable effort to display fabric colors and prints accurately; however, actual colors displayed may vary depending on your monitor or mobile screen settings.
• Pricing & Typographical Corrections: We reserve the right to correct any typographical errors, pricing inaccuracies, or descriptive omissions at any time without prior notice (including after an order has been submitted). If an item is listed at an incorrect price due to technical error, we reserve the right to cancel or refuse the order and promptly refund any charged amounts.

• Order Acceptance: Order receipts and confirmations signify receipt of your request, not binding acceptance. PCD reserves the right to accept, decline, or limit order quantities at our reasonable business discretion.
• Payment Authorization: Payment must be authorized prior to order fulfillment. We accept major credit cards, Shop Pay, PayPal, Apple Pay, and authorized installment plans. By submitting an order, you authorize PCD (and our PCI-compliant payment processors) to charge the full order amount, including applicable shipping fees and taxes.
• Sales Tax: Applicable state and local sales taxes are calculated and collected at checkout.

• Domestic Shipping (US): Standard shipping timelines and options are presented at checkout. Title and risk of loss pass to you upon delivery to the carrier, provided that PCD remains responsible for fulfilling orders in accordance with FTC guidelines.
• Nothing in these Terms limits any non-waivable statutory consumer rights you hold under the mandatory laws of your local country of residence (including statutory 14-day withdrawal rights for consumers in the European Union and United Kingdom).

• 14-Day Return Window for Store Credit Only: Eligible, unworn, unwashed, and unaltered garments with original product tags attached may be returned within 14 days of delivery after contacting us at support@palomacaledesigns.com.
• You are responsible for the cost of return shipping.
• Our made to order sales model does not support exchanges, instead a return for store credit should be timely initiated.
• Return Exclusions: Items explicitly marked as “Final Sale”, gift cards, hats and tote bags are non-returnable.

To maintain site security, optimize mobile shopping performance, and provide responsive live customer care:

• Diagnostic Session Recording: You acknowledge and agree that when you navigate our Site, authorized technical diagnostic service providers acting solely on PCD’s behalf (including Microsoft) may log interaction metrics, mouse movements, scrolling, click paths, and technical errors. Sensitive form inputs—including credit card numbers, payment CVVs, account passwords, and authentication tokens—are strictly masked and suppressed from recording.

 

• Exclusive Ownership: All original textile artwork, print patterns, sleepwear designs, trade dress, trademarks, logos, and graphics on the Site are the exclusive intellectual property of PCD and are protected under United States and international copyright, trademark, and trade dress laws.
• Restrictions: You are granted a limited, personal, non-commercial license to access the Site. You may not copy, reproduce, distribute, display, create derivative works of, scrape, or commercially exploit any PCD prints or designs.

• Review License & Consumer Fairness Compliance: When you submit product reviews, ratings, photos, or feedback (via Site forms or PCD’s social media pages) or tag @palomacaledesigns / #palomacaledesigns on social media, you grant PCD a perpetual, worldwide, non-exclusive, sublicensable, royalty-free, transferable license to use, display, reproduce, and publish your content across our digital marketing and social channels. You represent and warrant that you own or possess all necessary rights to your submitted content, that it is accurate to your experience, and that it does not infringe third-party intellectual property or privacy rights. In accordance with the Consumer Review Fairness Act (15 U.S.C. § 45b), we do not restrict or penalize honest consumer reviews regardless of positive or negative sentiment.

• Prohibited Conduct: You agree not to: (a) harvest or scrape product, pricing, or customer data using automated bots or scrapers; (b) disrupt or compromise site infrastructure, payment gateways, or server security; (c) introduce malicious code, worms, or viruses; or (d) circumvent fraud prevention controls.
• User Indemnification: To the fullest extent permitted by applicable law, you agree to defend, indemnify, and hold harmless PCD, its affiliates, directors, officers, employees, and agents from and against any third-party claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) your breach of these Terms; (b) any user content or reviews you submit; or (c) your violation of any applicable law or third-party right.

EXCEPT AS EXPRESSLY SET FORTH HEREIN, THE SITE, SERVICES, AND MERCHANDISE ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, PCD DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

1. CONSEQUENTIAL DAMAGES WAIVER: PCD AND ITS DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF PROFITS, DATA, OR GOODWILL).
2. MONETARY LIABILITY CAP: PCD’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS, THE SERVICES, OR PRODUCTS SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT PAID BY YOU FOR THE ORDER GIVING RISE TO THE CLAIM; OR (B) ONE HUNDRED UNITED STATES DOLLARS ($100.00 USD).
3. STATUTORY CARVEOUTS: NOTHING IN THIS SECTION 12 SHALL EXCLUDE OR LIMIT LIABILITY FOR GROSS NEGLIGENCE, WILLFUL MISCONDUCT, FRAUD, OR ANY OTHER LIABILITY THAT CANNOT BE LAWFULLY EXCLUDED UNDER APPLICABLE STATE OR FEDERAL CONSUMER PROTECTION LAW.

PLEASE READ THIS SECTION CAREFULLY. IT GOVERNS HOW DISPUTES BETWEEN YOU AND PALOMA CALE DESIGNS WILL BE RESOLVED.

A. Mandatory Informal Dispute Resolution (Pre-Arbitration Notice)

Before initiating arbitration, the initiating party must give the other party an opportunity to resolve the dispute informally. You must send an individualized, personally signed written Notice of Dispute by email to support@palomacaledesigns.com

• The notice must be personally signed by you (and your counsel, if represented) and include your full legal name, account email, shipping address, and a detailed factual description of the claim and specific relief requested.
• If the dispute is not resolved within forty-five (45) days after receipt of the completed notice, either party may commence binding individual arbitration.

B. Agreement to Binding Individual Arbitration (AAA Rules)

Except for small-claims court actions meeting jurisdictional limits or claims seeking emergency injunctive relief to protect intellectual property, any and all disputes, claims, or controversies arising out of or relating to these Terms, the Privacy Policy, the Site, marketing communications (SMS/email), products, or Services shall be resolved exclusively through final, binding individual arbitration administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (for consumer claims) or Commercial Arbitration Rules (for commercial/wholesale claimants), and the Mass Arbitration Supplementary Rules (where applicable), as modified by this Section.

• Hearing Location & Protocol: Arbitration hearings shall be conducted remotely by videoconference, in accordance with the AAA Consumer Due Process Protocol.
• Delegation Clause: The arbitrator shall have exclusive authority to resolve all threshold issues regarding the interpretation, applicability, enforceability, or formation of this arbitration agreement, except that issues relating to the scope and enforceability of the Class Action Waiver in Section 15.C or the Mass Arbitration Protocol in Section 15.E shall be decided exclusively by a court of competent jurisdiction. Small-claims actions must remain individual; if removed or appealed, the claim becomes subject to arbitration.

C. CLASS ACTION & JURY TRIAL WAIVER

YOU AND PALOMA CALE DESIGNS AGREE THAT ALL CLAIMS MUST BE BROUGHT ON AN INDIVIDUAL BASIS ONLY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, MASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING.

YOU AND PALOMA CALE DESIGNS EXPRESSLY WAIVE ANY CONSTITUTIONAL OR STATUTORY RIGHT TO A TRIAL BY JURY.

D. Public Injunctive Relief Severability (McGill Carveout)

If a court or arbitrator determines that applicable law prohibits enforcement of the arbitration agreement as to a claim for public injunctive relief (such as under California’s McGill rule), that specific public injunctive relief claim shall be severed and stayed in court pending the completion of individual arbitration of all other arbitrable claims.

E. Mass Arbitration Batching Protocol

To ensure the fair, efficient, and cost-effective administration of claims, if twenty-five (25) or more similar arbitration demands are submitted against PCD by or with the assistance of the same law firm, group of law firms, or coordinating organizations (“Mass Filing”):

1. Notice Precondition: No demand shall be accepted for filing or counted toward a Mass Filing unless the claimant has first submitted a completed, personally signed Notice of Dispute compliant with Section 15.A.
2. Batching: The AAA shall administer the claims in staged batches of fifty (50) demands per batch (or a single final batch of all remaining claims if fewer than 50).
3. Bellwether Staging & Fee Protection: One batch shall proceed to arbitration at a time. Only the initial batch of 50 demands shall be filed, processed, and assessed AAA fees. All other demands shall remain staged and held in abeyance, and no arbitration fees shall be assessed for staged claims until their batch is selected.
4. No Preclusive Effect on Staged Claims: The resolution of any batch shall have no preclusive or precedential effect on any staged or subsequently filed claim, each of which shall be adjudicated individually on its own merits.
5. Mediation & Resolution: Following the resolution of the first batch, the parties shall participate in a global mediation session to attempt settlement of all remaining claims.
6. Statute of Limitations Tolling: Any applicable statute of limitations shall be tolled for all staged claims from the date the initial Notice of Dispute was submitted until their specific batch is called for arbitration.

F. 30-Day Individual Arbitration Opt-Out Right

You have the right to opt out of this arbitration agreement within thirty (30) days of the date you first accept these Terms (e.g., your first purchase or account creation). To opt out, you must send an email to support@palomacaledesigns.com.

The notice must state your full legal name, account email, mailing address, and an unambiguous statement that you opt out of arbitration.

These Terms and all disputes arising hereunder shall be governed by and construed in accordance with the laws of the State of Maryland, without regard to conflict of law principles. For any dispute not subject to arbitration, you and PCD consent to the exclusive jurisdiction and venue of the state and federal courts located in Montgomery County, Maryland.

If any provision of these Terms is found unlawful or unenforceable, that provision will be severed, and the remaining provisions will remain in full force and effect. Sections 8(Intellectual Property), 10 (Indemnification), 11 (Disclaimer of Warranties), 12 (Limitation of Liability), 13 (Arbitration & Class Waiver), 14 (Governing Law), and 15 (Survival) shall survive any termination of your account or these Terms.

PCD reserves the right to modify these Terms prospectively. When updates are published, we will revise the “Last Updated” date. Material changes will be communicated via notice on our Site or email. If we make material changes to Section 13 (Arbitration), you may reject the modification by notifying us within 30 days of the change, in which case your disputes will remain governed by the prior arbitration terms in effect when you accepted them.

Paloma Cale Designs

support@palomacaledesigns.com

paula@artbypcb.com