Terms and Conditions

Summary: Please read these terms carefully as they form a legally binding agreement between you and LOCO regarding the use of our services and website. At the start of each section, you will find a brief summary to help you navigate the document. Please note that these summaries do not replace or represent the full text.

The following terms and conditions constitute a legally binding contract (this “Agreement”) between you (“you” or “your”) and LOCO, a registered trademark of Mystical RYB S.L, governing all your use of the website https://locoryb.com/ (the “Site”) and the services available on or through the Site (together with the use of the Site, the “Services”). We will refer to Mystical RYB S.L. and all its subsidiaries and affiliated brands collectively as “LOCO,” “we,” “our,” etc. LOCO is a clothing and accessories brand.

The Services are provided subject to your acceptance without modification of all the terms and conditions contained in this document. We also outline our Return Policy (Section No. 20 of this agreement), Privacy Policy, and other policies on this website. Those policies contain additional terms and conditions that apply to the Services and are part of this Agreement. YOUR USE OF THE SITE CONSTITUTES YOUR ACCEPTANCE AND AGREEMENT TO BE BOUND BY THIS AGREEMENT. FURTHERMORE, BY PLACING AN ORDER FOR PRODUCTS OR SERVICES FROM THE SITE, YOU ACCEPT AND ARE BOUND BY THIS AGREEMENT. If you do not agree, do not use the site or any other services.

SECTION 18 OF THIS AGREEMENT REQUIRES THAT ALL DISPUTES (AS DEFINED BELOW) ARISING OUT OF OR RELATING TO THIS AGREEMENT BE RESOLVED THROUGH INDIVIDUAL ARBITRATION, INSTEAD OF JURY TRIALS OR CLASS ACTIONS, EXCEPT AS OTHERWISE PROVIDED IN SECTION 18. IF YOUR COUNTRY OF RESIDENCE IS IN THE EUROPEAN ECONOMIC AREA OR THE UNITED KINGDOM, THIS APPLIES TO ANY ACTION YOU WANT TO INITIATE AGAINST LOCO.

1. Access and Memberships

Summary: You must be over 18 to make purchases on LOCO, and you are fully responsible for your account and the use of our services. If you violate our Terms and Conditions or act in bad faith, we reserve the right to modify, cancel, or reject the service at any time.

To enjoy all the benefits of LOCO, you can register your account and become a member (“Member”). Membership requires you to register on the Site (including providing all required personal information truthfully). You can opt out of promotional and marketing activities, including emails. You can cancel your membership at any time by canceling it online on the site. To complete the registration, you must provide a first name, last name, email address, and password. You must never use another user’s LOCO account without their permission. You are solely responsible for the activity that occurs on your account and must keep your account password secure. You must immediately notify LOCO of any security breach or unauthorized use of your account. While LOCO will not be liable for losses caused by any unauthorized use of your account, you may be responsible for losses incurred by LOCO and others due to such unauthorized use.

LOCO may change, suspend, or discontinue services, products, fees, charges, terms at any time, including the availability of any feature or content, but without affecting orders already confirmed by LOCO. LOCO may also impose limits on certain features and services or restrict User access to all or parts of the services without prior notice or liability. If you are an individual (rather than an organization or entity), you certify to LOCO that you are at least 18 years old; if you are using the Services on behalf of an organization or entity, you certify that you are legally authorized and empowered to bind such organization or entity to this agreement and use the services. Notwithstanding the above, you agree to assume all responsibility for your selection and use of the services. This Agreement is void where prohibited by law, and the right to access or use the services is revoked in such jurisdictions.

2. Modifications

Summary: We reserve the right to modify our terms, services, and fees. Keep track of changes to our terms by checking the policies on our website.

Without affecting orders already confirmed by LOCO, LOCO reserves the right, at its sole discretion, to modify this Agreement and its terms, as well as fees and other charges for our Services. At any time. All such modifications will take effect immediately after LOCO publishes them on the site. You are responsible for reviewing and familiarizing yourself with all such modifications and agree to review the terms of this agreement each time you access or use the site to stay informed of any changes made to this agreement. Your use of the site and other services after LOCO publishes the modifications on the site constitutes your acceptance of the terms and conditions of this agreement as modified. If you do not agree with the modified terms, you are not authorized to access or use the site or other services, and you must send a written notice to LOCO, by email (and your LOCO account will be deleted), to close your account within 30 days of the notice.

3. Content

Summary: LOCO respects intellectual property rights and expects you to do the same. You are responsible for the content you upload, and we will only use it to provide our services. If we receive a Digital Millennium Copyright Act (DMCA) takedown notice for the content you’ve uploaded, we may remove the allegedly infringing content or suspend access to the LOCO website.

All content (including all information, images, data, text, photographs, graphics, messages, and other materials, hereinafter referred to as “Content”) that you post, send, upload, display, sell, or use, hereinafter referred to as “publish,” using our Services is your content. We make no claims to it. This includes anything you post using our services (such as your content, images, reviews, comments, videos, usernames, etc.).

Responsibility for Content: You understand that you are solely responsible for the Content you post on or through the Services. You declare that you have all the necessary rights to the content, including all necessary rights to post or use it in your custom products, manufactured, or stored by LOCO. You also declare that you are not infringing or violating the rights of third parties by posting or using the content in your custom products, manufactured, or stored by LOCO.

“Permission to Use Content: LOCO acknowledges that any content you post using our services will remain yours. This means we will never use your content except with your express permission or as provided in this agreement.”

Rights Granted to LOCO: By posting your content, you grant LOCO a non-exclusive, worldwide, royalty-free, irrevocable, and perpetual license to use, display, edit, modify, reproduce, distribute, store, and prepare derivative works from your content to provide the services and promote LOCO and/or your LOCO store or the services in general, in any format and through any channel, including third-party services, advertising media, and/or social networks. You agree and declare that you have the rights to grant us this license.

Unauthorized Content Report: LOCO respects intellectual property rights and complies with intellectual property laws. We commit to follow appropriate legal procedures to remove infringing content from the Services.

Intellectual Property: LOCO respects your creativity and allows you to express your voice and ideas. We ask that you respect the work and creative rights of others. You must own the content you post on LOCO or have the express authority to post it. The content must comply with publicity rights, trademark rights, copyright, and all other applicable national and state laws.

Trademarks and Intellectual Property Violation: We commit to follow appropriate legal procedures to remove infringing content from the services. LOCO will attempt to comply with standard technical measures used by copyright owners to identify and protect their works. LOCO reserves the right to do any or all of the following at any time in our sole discretion: (i) immediately suspend your use of the services; and/or (ii) remove, block, and disable access to any of your content that allegedly infringes the intellectual property rights of others. When we receive a notice of intellectual property infringement (via the form available on our contact page or via email to loco@locoryb.com, LOCO strives to respond promptly by removing, blocking, or disabling access to the allegedly infringing material. If an action is filed, any removed, blocked, or disabled content will remain removed, blocked, or disabled at LOCO sole discretion.

Repeat Infringement: LOCO may terminate the account privileges of Members who are subject to repeat notices of intellectual property infringement as determined by LOCO in our sole discretion.

Copyright and Trademark Liability: By accepting this agreement and using our services, you agree and declare that you own all rights (including copyright) to the content you post or, if you are not the owner, that you have permission to use and reproduce the content in connection with the services and have all necessary rights to post your content. Likewise, by accepting this agreement and using our services, you agree and declare that you own or have permissions to use all copyrights, trademarks, service marks, trade dress, and trade names incorporated in the content you post or use in connection with any content and the services provided under this agreement.

Inappropriate, False, or Misleading Content: This should be common sense, but there are certain types of content that we don’t want on our services (for legal or other reasons). You agree not to post any content that is abusive, threatening, defamatory, obscene, vulgar, illegal, or offensive or that violates any part of this agreement. You also agree not to post any content that is false or misleading or that uses the services in a fraudulent or deceptive manner.

4. Use of the Services

Summary: By using LOCO, you agree to use our services in accordance with our terms and conditions to respect the rights of our brand, trademarks, and digital items. In case we need to communicate with you, we will do so via email.

We grant you a limited, non-exclusive, non-transferable, and revocable license to use our services, platforms, and integrations subject to this agreement and the following specific restrictions:

Do not use our services to break the law. You agree not to violate any laws in connection with your use of the services. This includes any local, state, and international laws that may apply to you or LOCO. For example, it’s your responsibility to obtain the permits or licenses your store may require if you use our services professionally. You must not engage in fraud, theft, anti-competitive behavior, threatening behavior, or any other illegal act or offense against LOCO, another LOCO user, or a third party. You also agree that you are not subject to commercial, financial, and economic sanctions and are not listed on sanctions-related lists, including those maintained by the U.S. Department of the Treasury’s Office of Foreign Assets Control (“OFAC”), the U.S. Department of State, the U.S. Department of Commerce, the European Union, or Her Majesty’s Treasury of the United Kingdom. You further agree not to export, re-export, or otherwise transfer LOCO Products to countries or territories subject to comprehensive embargoes or sanctions or parties on the sanctions lists referenced above. You agree not to use the services: (i) to impersonate or attempt to impersonate LOCO, any other LOCO Party (as defined below), or any other person or entity; or (ii) for the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content or otherwise. The following are collectively referred to as the “LOCO Parties”: (a) LOCO, (b) LOCO subsidiaries, affiliated brands, and joint ventures, and (c) the directors, members, managers, shareholders, agents, and employees of LOCO and its subsidiaries, affiliated brands, and joint ventures.

Do not attempt to damage our systems. You agree not to interfere with or attempt to disrupt our services, for example, by distributing a virus or other harmful computer code on our platforms, third-party services, or other programs or systems that our customers may use to promote their products. You agree not to use the services: (i) to knowingly send, receive, upload, download, use, or reuse any material that does not comply with this agreement; or (ii) engage in any other conduct that restricts or inhibits the use or enjoyment of the services by any person, or which, as determined by us, may harm any part of LOCO or expose any of them to liability. You agree that LOCO reserves the right to audit our platforms (systems) to ensure integrity and compliance with this agreement, at LOCO sole discretion.

Follow brand guidelines. The name “LOCO,” our iconography, phrases, logos, and designs we use in connection with the products or services we offer are trademarks, service marks, or trade dress of LOCO in Spain, the European Union, and all other countries, used for proprietary purposes at our sole discretion. Unless expressly stated in this agreement, LOCO does not grant you any rights to use its trademarks, service marks, or trade dress. You may state in connection with the services or products provided by LOCO that LOCO provided such services or products. If you use any of our trademarks in reference to our products or services, you must include a statement attributing that trademark to us. You must not use any of our trademarks: (i) in whole or in part of your own trademarks; (ii) in connection with activities, products, or services that are not ours; (iii) in a manner that may be confusing, deceptive; or (iv) in a way that disparages us or our information, products, or services (including the Site). LOCO reserves the right to request the immediate removal of any misused iconography, phrases, logos, and designs at our sole discretion.

Communication Methods: LOCO will provide you with certain legal information in writing. By using our Services, you agree to our communication methods describing how we provide you with that information. This simply means that we reserve the right to send you information electronically (via email, etc.) instead of sending you paper copies (it’s better for the environment).

Digital Items: Digital elements (such as mockups, templates, images, and other design tools) and text created in connection with the products and/or services we offer and their intellectual property rights exclusively belong to LOCO. Digital items and any results can only be used in connection with the advertising, promotion, offering, and sale of LOCO products and cannot be used for other purposes or in conjunction with products from other manufacturers. If LOCO offers the possibility for Users to modify or customize digital elements, we will ensure that the content used to modify such digital elements complies with intellectual property laws and our acceptable content guidelines.

5. Content and Services

We provide the best service we can “24/7,” but please be aware that there may be errors and interruptions.

Content You Access: LOCO is not responsible for the accuracy, copyright compliance, legality, or decency of content posted by you or others through our services. You release us from all liability related to that content.

Third-Party Services: Our store on our Site(s) may contain links to websites or services of third parties that we do not own or control (for example, links to Facebook, TikTok, Twitter, Pinterest, and other social networks). You may also need to use a product or service from one of our subcontractors or other third parties to use some of our services. When you access these third-party services, you do so at your own risk. Third parties may require you to accept their own terms of use. LOCO is not a party to those agreements; they are solely between you and the third party. You agree that LOCO will not be liable to you in any way for your use of these third-party services.

Services: LOCO is dedicated to making our services as good as possible, but we are not perfect, and sometimes things can go wrong. You understand that our services are provided with all faults and without any warranty (express or implied), except for the warranties provided with respect to the products in Section 6 below. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ANY WARRANTY OR CONDITION OF NONINFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS ANY IMPLIED WARRANTY OR CONDITION ARISING FROM A COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE, WITH RESPECT TO OUR SERVICES, EXCEPT FOR WARRANTIES OR CONDITIONS PROVIDED WITH RESPECT TO PRODUCTS IN SECTION 6 BELOW. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR CONDITIONS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. We do not guarantee that:

The Services will be secure or available at any particular time or location. LOCO will not be responsible for any delay, interruption, or loss of data in connection with the use of our Site and Services. LOCO will make efforts to ensure that the services are carried out elsewhere in case they cannot be carried out in the place where the services were initially intended to be performed. All errors for which LOCO is responsible will be corrected.

The Services will always be free of viruses or other harmful materials; you use the services solely at your own risk.

LIMITS OF LIABILITY: TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER LOCO NOR ANY OTHER PARTY OF LOCO SHALL BE LIABLE TO YOU OR YOUR CUSTOMERS FOR LOST PROFITS OR REVENUES, DIMINUTION IN VALUE, OR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO THE SERVICES OR THIS AGREEMENT, REGARDLESS OF (I) WHETHER ANY OF THE FOREGOING WAS FORESEEABLE, (II) WHETHER YOU WERE ADVISED OR NOTIFIED OF THE POSSIBILITY OF ANY OF THE FOREGOING, (III) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, OR OTHERWISE) UPON WHICH THE CLAIM IS BASED, AND (IV) ANY NEGLIGENCE, GROSS NEGLIGENCE, OR OTHER FAULT OR STRICT LIABILITY OF LOCO OR ANY OTHER PARTY OF LOCO. THE AGGREGATE LIABILITY OF THE PRINTING PARTIES UNDER NO CIRCUMSTANCES SHALL EXCEED THE ACTUAL AMOUNT PAID BY YOU FOR THE SERVICE YOU HAVE PURCHASED OR USED THROUGH THE SITE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL, CONSEQUENTIAL, OR CERTAIN OTHER DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

6. Limited Product Warranty

Summary: Please read this section carefully as it covers our obligations and responsibilities regarding LOCO services. If you have an issue with your order, you may be eligible for a replacement product or a refund, so please contact us as soon as possible.

Not applicable to Users residing in the European Economic Area or the United Kingdom (see Section 7).

Limited Warranty: We guarantee that, at the time of delivery of a product to a User or Customer, the product will not be materially defective or damaged (“Limited Warranty”). All coverage under the Limited Warranty terminates if the User or Customer sells or transfers the product.

What does this warranty not cover? This Limited Warranty does not cover any damage or defect in a product caused by any of the following: (a) you or third parties; (b) any improper handling (including during shipping), use, or storage of the product; (c) any breach of the product instructions; (d) any modification to the product; (e) any unauthorized repair of the product; or (f) any external cause such as accidents, fires, floods, “acts of God or paranormal,” or other actions or events beyond our reasonable control; or (g) any cost or expense related to the loss of use of the product or any other cost or expense not covered by this “Limited Warranty.” This “Limited Warranty” does not cover any items supplied by third parties, size changes, sizes, colors, or buyer’s remorse.

Unfortunately, we cannot guarantee that the colors and details in the images on our website are 100% accurate representations of a product, and sizes may, in some cases, be approximate. Accordingly, this “Limited Warranty” does not cover such matters.

What is the coverage period? This “Limited Warranty” begins on the date of delivery of the product to the User or Customer and has a duration of thirty (30) days (the “Warranty Period”). To avoid doubt, LOCO acknowledges that, in some jurisdictions, the User may be entitled to a longer Warranty Period.

What are your remedies under this warranty? With respect to any materially defective or damaged product, at our sole discretion: (a) we will replace such product (or the defective or damaged part of the Product) free of charge, or (b) we will refund the purchase price paid to us by the User or Customer along with the corresponding shipping costs for the defective or damaged products.

How do you obtain warranty service? Immediately after the delivery of a product, you will inspect the product. If a product is materially defective (including any error by LOCO in crafting) or damaged upon receipt, or if you received the wrong product, then to be eligible for service under this “Limited Warranty,” you must submit a claim within the Warranty Period in accordance with our Return Policy.

LIMITATION OF LIABILITY. THE REMEDIES DESCRIBED IN THIS SECTION 6 ARE YOUR SOLE AND EXCLUSIVE REMEDIES (AND ALL OF OUR LIABILITY) FOR ANY BREACH OF THIS LIMITED WARRANTY. OUR LIABILITY FOR A DEFECTIVE OR DAMAGED PRODUCT UNDER NO CIRCUMSTANCES SHALL EXCEED THE ACTUAL AMOUNT RECEIVED BY US FOR THE PRODUCT, AND UNDER NO CIRCUMSTANCES, TO THE MAXIMUM EXTENT PERMITTED BY LAW, SHALL WE BE LIABLE FOR LOST PROFITS OR REVENUES, DIMINUTION IN VALUE, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY, ENHANCED, OR PUNITIVE DAMAGES ARISING OUT OF OUR PRODUCTS, REGARDLESS OF (I) WHETHER ANY OF THE FOREGOING WAS FORESEEABLE, (II) WHETHER YOU WERE ADVISED OR NOTIFIED OF THE POSSIBILITY OF ANY OF THE FOREGOING, (III) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, OR OTHERWISE) UPON WHICH THE CLAIM IS BASED, AND (IV) ANY SPECIFIC CIRCUMSTANCES OF YOU AND/OR YOUR CUSTOMER. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS, WHICH VARY FROM JURISDICTION TO JURISDICTION. WE LIMIT THE DURATION AND REMEDIES OF ALL IMPLIED WARRANTIES WITH RESPECT TO OUR PRODUCTS, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TO THE DURATION OF THE WARRANTY PERIOD. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

7. Your rights in case of lack of conformity

Summary: If you are a User residing in the European Economic Area or the United Kingdom, this is where you will find information about what you can do if there is an issue with your order.

If you are a User residing in the European Economic Area or the United Kingdom, the sale of our products is subject to the legal warranties established by Directive 1999/44/EC on consumer sales and guarantees or similar rules on consumer contracts. Therefore, you are entitled, free of charge, to have the products repaired (or replaced) within the limits provided by law or, in the event that one of the above remedies is not met, to obtain an appropriate reduction in the price of the products or the contract canceled. Shipping costs for the return of the product for repair or replacement under this clause shall be borne by LOCO, as well as any costs related to the delivery of the repaired or replaced product.

If the Products we supply to you are: (1) made to your specifications and are clearly personalized with your designs or instructions received; or (2) sealed for reasons of health protection or hygiene, or both, you do not have the right to cancel your order or change your mind as set out in our Returns Policy.

For other products, you have the right to cancel and return the order for any reason within 14 days from the date of delivery of the Product. You must inform us of your decision to cancel the order by sending us a written notification before the cancellation period expires. You can contact us at info@locoryb.com. Within 14 days of notifying us of your decision to cancel the order, you must also return the product to us using the return address provided on the original packaging in which the order was delivered. You will have to bear the direct cost of returning the goods. Within 14 days of receiving the written notification of your decision to cancel the order, we will refund you without undue delay for the product and shipping costs (excluding any additional costs resulting from your choice of a type of shipping other than the least expensive standard shipping we offer). We may delay the refund until the product has been returned or until we have received proof that the product has been returned, whichever occurs first. The refund will be made using the payment method you used when placing the order. You may be responsible for any decrease in the value of the product resulting from handling other than what is necessary to establish the nature, characteristics, and functioning of the product.

8. Responsibility of members and site visitors

Summary: When you use LOCO services, it is your responsibility to follow our policies. If you violate our policies, we may restrict or even cancel your access to our services.

Violation of this agreement or any other rule will result in the cancellation of your LOCO account.

LOCO and its designees shall have the right (but not the obligation), at their sole discretion, to pre-screen, reject, or remove any content that is available through the services. Without limiting the foregoing, LOCO and its designees shall have the right to remove, block, and disable any content. You agree that you must evaluate and, to the extent permitted by law, assume all risks associated with the use of any content, including relying on the accuracy, completeness, or usefulness of such content. In this regard, you acknowledge that you cannot rely on any content created by LOCO or submitted to LOCO, including, among others, information in LOCO collaborations, posts, and in all other parts of LOCO services.

Without limiting other remedies, we may limit, suspend, or terminate our services and your account, prohibit access to our site, delay, delete, block, or disable hosted content, and take technical and legal measures to keep you off the site if we believe you are causing problems, causing potential legal liabilities, breaching this agreement, or acting inconsistently with the letter or spirit of our policies. We also reserve the right to cancel unconfirmed accounts or accounts that have been inactive for extended periods of time. You are responsible for providing LOCO with accurate and truthful information (including, among others, your first and last name). If you have provided LOCO with inaccurate or false information, (a) you shall be liable to LOCO for damages and losses (including, among others, taxes) arising from such inaccurate or false information, (b) you shall reimburse such damages and losses (including, among others, taxes) to LOCO, and (c) LOCO shall have the right to charge you for such damages and losses (including, among others, taxes) and, otherwise, limit or suspend your access to the services.

9. Payments and fees

Summary: To pay for LOCO services, you need a valid payment method (for example, a credit card or bank transfer) that is authorized for use. All fees will be charged to your payment method, which may, but is not guaranteed to, be automatically updated. Please note that you may be required to reimburse us for any chargeback fees for returns or claims that are not in line with our policies.

You can choose to save your billing information for use on all orders and charges associated with LOCO Products and/or Services. In such a case, you also acknowledge and agree that this information will be stored and processed by external service providers who comply with PCI DSS. LOCO may participate in account update programs. Such programs may allow your payment card information to be automatically updated if there is a change, such as the payment card number or expiration date. To the extent that LOCO participates in such programs and your financial institution or payment card provider participates, you agree to automatic updates of your payment card information. However, LOCO cannot guarantee that such automatic updates will occur, so you also acknowledge that you are ultimately responsible for ensuring that your payment card information is up to date.

When you request a product or use a service that has a fee, you will be charged, and you agree to pay, the fees in effect at the time the order is placed. We may change our fees from time to time (for example, when we have holiday offers or advertising campaigns, offer you a discount on product base prices, etc.). Product and Service fees (if applicable and as applicable), as well as associated shipping costs, will be stated on the site when you place an order or pay for the service.

By placing an order or paying for services, you confirm that you have the legal right to use the payment methods offered and, in the case of card payments, that you are the cardholder or have express permission from the cardholder to use the card for payment. In case of unauthorized use of a payment method, you will be personally responsible and must reimburse LOCO for damages resulting from such unauthorized use.

Regarding payment methods, you represent to LOCO that (i) the billing information you provide to us is true, correct, and complete, and (ii) to the best of your knowledge and belief, your financial institution will pay the charges incurred by you. (including, but not limited to, the credit card company) or payment service provider.

If you make a return or claim that does not comply with our policies (including the policies described here), you will reimburse LOCO for its losses, consisting of fulfillment costs and chargeback handling fees (up to €15 per chargeback), if applicable.

We may refuse to process a transaction for any reason or refuse to provide services to anyone at any time at our sole discretion. We will not be liable to you or any third party for rejecting or suspending any transaction after it has started processing.

You are responsible for paying all applicable fees, payments, and taxes associated with our site and services. After receiving your order, you may receive an email from us with the details and description of the requested products. Payment of the total price plus taxes and delivery must be made in full before your products are shipped.

LOCO, at its sole discretion, may offer you various discounts, as well as change, suspend, or discontinue them at any time. You can find more information about available discounts on the site, in promotional and marketing emails, networks, or through other channels or events in which LOCO may use or participate.

10. Taxes

Summary: You are responsible for paying applicable taxes to your local tax authority unless we have informed you otherwise.

Except for the limited circumstances set forth below, you are responsible for (and will collect) all applicable taxes, such as, but not limited to, sales taxes, VAT, GST, and other associated duties with the products (if applicable and as applicable).

In certain cases, you must provide a valid exemption certificate, such as, but not limited to, a resale certificate, VAT number, or ABN if applicable or required by your business activity.

11. Shipment

Summary: Once you have placed an order, you may no longer be able to edit the order details or cancel it. If you have an issue with the delivery of your order, please contact us within 30 days of delivery or the estimated delivery date. In some cases, you may need to directly contact the carrier.

The risk of loss, damage, and ownership of the products passes to you at the time of our delivery to the carrier. It will be your responsibility to file any claims with a carrier for a lost shipment if the carrier’s tracking indicates that the product was delivered. In such a case, LOCO will not issue any refunds or resend the product.

For Users in the European Economic Area or the United Kingdom, the risk of loss, damage, and ownership of the products will pass to you when you or a third party designated by you takes physical possession of the products.

If carrier tracking indicates that a product was lost in transit, you may file a written claim for the replacement (or credit to the Member’s account) of the lost Product in accordance with LOCO Return Policy. For Products lost in transit, all claims must be filed no later than 30 days after the estimated delivery date. All such claims are subject to LOCO investigation and at its sole discretion.

12. Products Description

Summary: We strive to make our product development process the best it can be, but we cannot guarantee that product representations on our website are 100% accurate or that the manufacturing stage won’t result in damages. To expedite fulfillment, we also offer you product alternatives in case any of your products are out of stock.

While many components of our products are standard, all products available for purchase are described on their specific page on our site. We always aim to represent each design as accurately as possible through photographs and copy points provided by designers, artists, or photographers.

We have a continuous product development policy to provide you with what we consider the best design combined with the best performance, and therefore we reserve the right to modify product specifications, pricing, packaging, and any associated services at any time. Without prior notice. Before placing an order, we invite you to take a close look at the product description and design.

Sometimes, during the manufacturing process, products may get damaged. Obviously, we will not knowingly send damaged items, but these damaged items can still be used for charitable purposes. LOCO reserves the right to donate all damaged items with complete or partial designs to charitable organizations, and hereby, you waive your right to collect royalties or other fees regarding the donated damaged products.

If a product you have ordered goes out of stock, the product may be replaced at LOCO discretion and without any explicit notification with the most suitable alternative product to avoid fulfillment delays unless we cannot find a comparable replacement, in which case you must wait for the original product to be restocked. If the alternative Product costs more than the original product being replaced, LOCO will charge the price the User or Customer paid for the Product order. For alternative products that cost less than the original product, we will refund the difference. If you prefer not to receive alternative products, you can inform us in the order notes or by email at loco@locoryb.com

13. Purchase of products

Summary: To ensure your orders arrive as quickly as possible, please make sure to provide correct order details when completing your purchase. LOCO is not responsible for lost deliveries due to typographical errors in delivery information.

Your order is the purchase of a product for which you have paid the corresponding fee and/or other charges that we have accepted and received. Any product in the same order that we have not accepted is not part of that contract. We may choose not to accept any order at our sole discretion.

Orders are placed and received through the site or through the various channels enabled for this purpose. Before placing an order with us, it is your responsibility to verify and determine that the correct recipient’s name, delivery address, postal code, updated phone number, and email address are absolutely necessary to ensure the successful delivery of the Products.

All information requested on the checkout page must be completed accurately. LOCO will not be responsible for delivery lost due to an incorrect or misspelled recipient’s name or last name, delivery address, or an inadequate phone number. If you wish to request a change in the delivery address, phone number, or any other special requirement, please contact LOCO.

We reserve the right to put your order on hold due to issues with the print file, fabric stock, or security problems if we need to confirm your address or in case of other issues. In the event that your order is placed on hold, we will give you 30 days to resolve the issue. If you do not resolve the issue or cancel your order within 30 days, we will cancel the order. In the event that your order is canceled, we will only issue a refund if work on your order has not yet begun.

14. Delivery

Summary: While we can provide delivery estimates, we cannot provide guaranteed delivery dates. Once LOCO receives payment for your order (including shipping costs), we fulfill the order and pass it to the carrier. This is also the moment when you legally become the owner of the products.

You will be responsible for covering shipping expenses. Shipping prices are in addition to the product price and may vary depending on the delivery location and/or product type, and additional charges may be added to the order for remote or hard-to-reach locations that require special attention. Flat-rate shipping charges are displayed on our checkout page; however, we reserve the right to inform you of any additional shipping charges that apply to your specific shipping address.

Some products are packaged and shipped separately. We cannot guarantee delivery dates and, to the extent permitted by law, we accept no liability, except to inform you of any known delays, for products delivered after the estimated delivery date. The average delivery time may be displayed on the site. It is only an average estimate, and some deliveries may take longer or, alternatively, be delivered much faster. All delivery estimates provided at the time of order placement and confirmation are subject to change. In any case, we will make every effort to contact you and notify you of any changes. We strive to make product delivery as straightforward as possible.

Ownership of the products will only pass to you after we receive full payment of all amounts owed with respect to the products, including shipping costs and taxes, and deliver the products to the carrier.

We offer no warranties regarding any collaboration we undertake with you, including any collaboration regarding services, products (including new products or services that we incorporate), or any integration with a provider platform or third parties.

15. Release

Summary: You cannot sue us for anything we have waived or obtained your release from under this agreement.

To the fullest extent permitted by law, you release us and all other Parties of LOCO from each and every claim and demand, as well as from each and every damage, loss, liability, judgment, costs, reasonable attorney’s fees, and other expenses incurred or suffered by any Party of LOCO, of every kind and nature, known or unknown, in connection with or arising out of any right, claim, or matter (a) that LOCO waives (or for which LOCO offers no warranties) under this agreement, or (b) for which LOCO is indemnified or released by you under this agreement.

16. Compensation

Summary: LOCO is not responsible for damages and liabilities you incur if you violate the law, breach these terms, or any third-party rights, resulting in legal actions (this also includes false statements made by you and any product liability claims).

To the fullest extent permitted by law, you will defend, indemnify, and hold LOCO and the other Parties of LOCO harmless against any claim or demand made by a third party (including, among others, your Customer if applicable), as well as all and any damages, losses, liabilities, judgments, costs, reasonable attorney’s fees, and other expenses of every kind and nature, known and unknown, incurred or suffered by the Parties of LOCO, in connection with or arising out of (a) your breach of this agreement, (b) your use (or misuse) of our services, (c) your content, (d) the infringement by your content or your account of another person’s intellectual property or other rights, (e) your violation of any law or a third party’s rights. We reserve the right to handle our legal defense as we see fit, even if you are indemnifying us, in which case you agree to cooperate with us so we can execute our strategy.

17. Applicable Law

Summary: If any dispute arises between us, we will apply the laws of the State of Spain and/or the community of Castilla-La Mancha in the Courts of Ciudad Real to resolve it.

This agreement, and all disputes and claims arising out of or in connection with this agreement or its subject matter or formation, including non-contractual disputes and claims, shall be governed by the laws of Spain, without regard to its conflict of law principles. These laws will apply regardless of where in the world you reside or are located and will apply to any dispute arising out of or in connection with this agreement.

For Users in the European Union and the United Kingdom: Alternatively, you can contact the consumer center in your country or choose to access the alternative dispute resolution platform facilitated by the European Commission.

18. Arbitration and waiver of jury trial

Summary: Any legal dispute involving our services (except as defined below) will be resolved through arbitration in accordance with the rules of this section. By using our services, you waive any right to a jury trial or class actions.

“Disputes” refer to all disputes and claims arising out of or in connection with this agreement or its subject matter or formation, including non-contractual disputes and claims, excluding only claims under the “Limited Warranty” and claims brought by Users residing in the European Economic Area, Switzerland, or Users in the United Kingdom against LOCO in the European Economic Area or in the courts of England and Wales. All Disputes shall be finally resolved by final and binding arbitration, using the Spanish language, under its Commercial Arbitration Rules (“Commercial Rules”) in effect at that time.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AND LOCO KNOWINGLY, VOLUNTARILY, IRREVOCABLY, AND ABSOLUTELY WAIVE ALL RIGHTS TO A JURY TRIAL OF ANY DISPUTE (AS DEFINED ABOVE). THIS JURY TRIAL WAIVER IS MADE INTENTIONALLY AS YOU AND LOCO PREFER TO RESOLVE ALL DISPUTES (AS DEFINED ABOVE) AS PROVIDED IN THIS SECTION 18. THIS JURY TRIAL WAIVER IS AN IMPORTANT INDUCEMENT FOR ENTERING INTO THIS AGREEMENT. FURTHER, YOU AND LOCO WAIVE ALL RIGHTS TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ARBITRATION, OR OTHER JOINT DISPUTE RESOLUTION WITH OTHER PARTIES.

19. Privacy and processing of personal data

Summary: The Privacy Policy of LOCO is an important part of our Terms and Conditions that explains how your information is used when you use our services. Please read it carefully here.

LOCO collects your personal data to provide our services. We are committed to protecting your personal data and your privacy. By accepting this agreement, you also accept and acknowledge our Privacy Policy.

20. Returns policy

Summary: Any claims for misprinted, damaged, or defective items must be made within 30 days of receiving the product. For packages lost in transit, all claims must be submitted no later than 30 days after the estimated delivery date. Claims deemed to be our error will be covered at our expense.

If you notice an issue with the products or anything else in the order, please send an email to loco@locoryb.com

The return address is set by default in the LOCO system. When we receive a returned shipment, you will be emailed an automated notification. Unclaimed returns are donated to charity after 30 days.

Incorrect Address: If you provide an address that is considered insufficient by the courier service, the shipment will be returned to our facilities. You will be responsible for reshipment costs once we have confirmed an updated address with you (if applicable).

Unclaimed: Shipments that go unclaimed are returned to our facilities, and you will be responsible for the cost of a reshipment to you (if applicable).

If you have not registered an account on LOCO and added a billing method, you hereby agree that any returned order due to an incorrect shipping address or unclaimed shipment will not be available for reshipment and will be donated to charity at your cost (without issuing a refund).

LOCO does not accept returns of sealed products, such as masks or underwear, as they are not suitable for return for health or hygiene reasons. You hereby agree that any returned order with face masks or intimate garments will not be available for reshipment and will be discarded.

We do not refund buyer’s remorse orders. The return request will undergo an assessment to verify if the product was used or destroyed, even if it is partial. In these cases, a refund will not be possible.

Notification for EU Consumers: In accordance with Article 16(c) and (e) of Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights, the right of withdrawal shall not be provided for:

the supply of goods that are made to the consumer’s specifications or are clearly personalized;
sealed goods which were unsealed after delivery and thus are not suitable for return due to health protection or hygiene reasons,

therefore, LOCO reserves the right to reject returns at its sole discretion.

This Policy shall be governed and interpreted in accordance with the Spanish language, regardless of any translations made for any purpose.

21. Generalities

Summary: Using our services does not make you an agent, partner, or employee of LOCO. We are not responsible for any breach of these terms if it is beyond our reasonable control. If you have any questions about our Terms and Conditions, please feel free to contact us at loco@locoryb.com

This agreement is not intended to create any agency, partnership, joint venture, employer-employee, franchisor-franchisee, or similar relationship.

LOCO will not be liable to you, nor deemed to have breached or violated this agreement, for any failure or delay in LOCO performance under this agreement when such failure or delay is caused by acts or circumstances beyond our reasonable control, such as any fire; flood; earthquake; government action; war, invasion, or hostilities; national emergency; explosion; terrorist threat or act; riots or other civil disturbances; insurrection; epidemic; labor strike, lockout, or other labor dispute (whether or not related to our workforce); inability or delay in obtaining supplies; telecommunications breakdown; or power outage.

You represent that you have all necessary permissions to provide us with personal data to fulfill this Agreement.

To ensure comprehensive customer service and higher service quality, LOCO may log into customer/user accounts as a customer in accordance with the Privacy Policy of LOCO.

If any provision of this agreement is deemed invalid or unenforceable, such provision will be nullified, and the remaining provisions will apply. At our sole discretion, we may assign this agreement with prior notice. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee that we will take action against all breaches of this Agreement.

LOCO, at its sole discretion, reserves the right to transfer or assign this agreement or any rights or obligations under this agreement at any time, including the right to engage third-party manufacturing services to perform any service.

If you have any questions about this agreement, please email us at loco@locoryb.com