Terms of Service

These Terms of Service ("Terms") are an agreement between you and DGS Marketing LLC, a Wyoming limited liability company doing business as Calista ("Calista", "we", "us"). They apply to your use of store.trycalista.com (the "Store") and to every purchase you make from us. Our Shipping Policy, Returns, Exchanges & Refunds policy, 2-Year Limited Warranty and Privacy Policy are part of these Terms.

PLEASE READ THE DISPUTE RESOLUTION SECTION CAREFULLY. IT REQUIRES MOST DISPUTES TO BE RESOLVED BY INDIVIDUAL ARBITRATION AND WAIVES CLASS ACTIONS AND JURY TRIALS, UNLESS YOU OPT OUT AS DESCRIBED BELOW.

1. Using the Store

By using the Store or placing an order, you confirm that you are at least 18 years old, or the age of majority where you live, and that you can enter into a binding agreement. You agree not to use the Store for any unlawful purpose, to interfere with its security or operation, to submit false information, or to place orders on someone else's behalf without permission. We may refuse service, cancel orders or end access to the Store for anyone, at any time, for any lawful reason.

2. Products, Descriptions and Prices

We try to describe and photograph our products accurately, but we do not guarantee that colors, sizes, finishes or details will be exactly as they appear on your screen. Natural stones and handmade or personalized elements can vary slightly from piece to piece. Measurements are approximate.

Prices are shown in US dollars on our English store and may change at any time without notice. Sale prices and promotions are valid only while stated and while supplies last. We may limit quantities per customer and discontinue products at any time.

3. Orders and Payment

Your order is an offer to buy. We accept it when we ship it. Until then we may refuse or cancel any order, in whole or in part, for example if a product is unavailable, a price or description contains an error, or an order appears fraudulent or exceeds reasonable quantities. If we cancel an order after you have been charged, we refund the amount charged.

You agree to provide current, complete and accurate purchase and account information, and you authorize us and our payment processor to charge your payment method for the total shown at checkout, including shipping and any applicable taxes. Payments are processed by third-party payment providers under their own terms.

4. Personalization

You are responsible for the text and options you choose for personalized pieces, and we make them exactly as entered. Personalized pieces are final sale except as described in our Returns policy. You confirm that the text you submit does not infringe anyone's rights, and we may refuse text we consider offensive, unlawful or infringing.

5. Shipping, Risk of Loss and Title

Delivery dates are estimates. Title to products and risk of loss pass to you when the carrier delivers your order to the address entered at checkout. Our Shipping Policy describes our responsibilities for lost and damaged packages.

6. Returns, Exchanges and Payment Disputes

Returns, exchanges, refunds and cancellations are governed by our Returns, Exchanges & Refunds policy, which you accept when you place an order. If you have a problem with an order, you agree to contact us first so we can try to resolve it. If you open a payment dispute, we may provide your order information, these Terms, our policies and delivery records to your card issuer and payment processor.

7. Intellectual Property and Submissions

The Store and its content, including the Calista name and logo, designs, photos, graphics and text, belong to us or our licensors and are protected by intellectual property laws. You may not copy, reproduce, modify or use them for commercial purposes without our written permission.

If you send us reviews, photos, ideas or other feedback, you give us a non-exclusive, royalty-free, worldwide license to use, reproduce and display them in connection with our business, and you confirm that you have the right to share them.

8. Third-Party Services and Links

The Store relies on third-party services such as payment processing, hosting and shipping, and may link to third-party websites. We are not responsible for third-party services, content or websites, and your use of them may be subject to their terms.

9. Errors

The Store may occasionally contain typographical errors, inaccuracies or omissions in product descriptions, pricing, promotions, shipping times or availability. We may correct them, and change or update information or cancel orders, at any time without prior notice, including after you have submitted your order.

10. Disclaimer of Warranties

Except for our 2-Year Limited Warranty, the Store and all products are provided "as is" and "as available". To the fullest extent permitted by law, we disclaim all other warranties, express or implied, including implied warranties of merchantability, fitness for a particular purpose and non-infringement. We do not guarantee that the Store will be uninterrupted, secure or error-free. Some jurisdictions do not allow these exclusions, so some of them may not apply to you.

11. Limitation of Liability

To the fullest extent permitted by law, Calista, DGS Marketing LLC and their members, managers, employees, agents, suppliers and service providers will not be liable for any indirect, incidental, special, consequential or punitive damages, or for lost profits, data or goodwill, arising from your use of the Store or any product. Our total liability for any claim related to the Store or a purchase will not exceed the amount you paid for the product that gave rise to the claim. Nothing in these Terms limits liability that cannot be limited by law.

12. Indemnification

You agree to defend, indemnify and hold harmless Calista, DGS Marketing LLC and their members, managers, employees and agents from any claims, damages, losses and expenses, including reasonable attorneys' fees, arising from your breach of these Terms, your misuse of the Store, or your violation of any law or the rights of a third party.

13. Dispute Resolution: Arbitration and Class Action Waiver

Informal resolution first. Before starting any formal claim, you agree to email alexis@trycalista.com with a description of the issue and give us 30 days to try to resolve it.

Binding arbitration. Any dispute, claim or controversy between you and us arising out of or relating to these Terms, the Store or any purchase (a "Claim") will be resolved by binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, rather than in court. A single arbitrator will decide the Claim and may award the same individual relief a court could. The arbitration may take place by video, phone or written submissions, or in person in the county where you live. The Federal Arbitration Act governs this section.

Exceptions. Either party may bring an individual Claim in small claims court if it qualifies, and either party may seek relief in court for infringement or misuse of intellectual property.

Class action and jury trial waiver. Claims may be brought only in your or our individual capacity, and not as a plaintiff or class member in any class, collective, consolidated or representative proceeding. You and we each waive the right to a jury trial.

Opt-out. You can opt out of this arbitration agreement by emailing alexis@trycalista.com within 30 days of your first purchase, with your name, order number and a clear statement that you want to opt out of arbitration. Opting out does not affect any other part of these Terms.

If the class action waiver is found unenforceable for a Claim, that Claim must proceed in court and not in arbitration. If any other part of this section is found unenforceable, the rest of it remains in effect.

14. Governing Law and Venue

These Terms are governed by the laws of the State of Wyoming, United States, without regard to its conflict of law rules. Subject to the Dispute Resolution section, any Claim that proceeds in court will be brought in the state or federal courts located in Wyoming, and you consent to their jurisdiction. This does not take away any mandatory consumer protection rights you have under the laws of the place where you live.

15. General

Severability: if any part of these Terms is found unenforceable, the rest remains in effect. No waiver: our failure to enforce a provision is not a waiver of it. Force majeure: we are not responsible for delays or failures caused by events beyond our reasonable control. Assignment: we may transfer our rights under these Terms; you may not transfer yours without our consent. Entire agreement: these Terms and the policies they refer to are the entire agreement between you and us about the Store and replace any earlier agreements.

16. Changes to These Terms

We may update these Terms at any time by posting a new version on this page with a new date. Changes apply to orders placed after they are posted. Your continued use of the Store after a change means you accept it.

17. Contact

DGS Marketing LLC (Calista), Wyoming, United States. Email: alexis@trycalista.com. Phone: +1 (541) 293-8990.