Terms & Conditions

WELCOME TO MESTANA COLLECTIVE.

Join us for luxury trips to Peru, meet authentic shamans, and discover sacred handmade items. Experience connection, culture, and community.

THESE TERMS SET FORTH A LEGALLY BINDING AGREEMENT

Please read these Terms of Use ("Terms", "Terms of Use", or "Agreement") very carefully. This Agreement is between you (the "User(s)," "Artist(s)," "Collector(s)," "Owner(s)," and collectively with others using the Site - "Users") and Mestana Collective. These Terms govern your use of the website located at www.Mestana Collective (the "Site"), and all related tools and APIs including without limitation, successor website(s) or application(s) thereto (the "Platform").

These terms set forth the legally binding terms and conditions that govern your use of the site or platform. By accessing or using the site, services, or smart contracts you are accepting these terms (on behalf of yourself or the entity that you represent), and you represent and warrant that you have the right, authority, and capacity to enter into these terms (on behalf of yourself or the entity that you represent). If you do not agree with all of the provisions of these terms, you are prohibited from accessing, using, or transacting on the site or platform. You further represent and warrant that you are otherwise legally permitted to use the services in your jurisdiction and that the company is not liable for your compliance with such applicable laws.

CHANGES TO TERMS

These Terms may be discretionarily modified or replaced at any time unless stated otherwise herein. The most current version of this Agreement will be posted on the Site with the "Last Revised" date at the top of the Agreement changed. Any changes or modifications will be effective immediately upon posting the revisions to the Site. You shall be responsible for reviewing and becoming familiar with any such modifications. You waive any right you may have to receive specific notice of such changes or modifications. Use of the Platform by you after any modification to the Agreement constitutes your acceptance of the Agreement as modified. If you do not agree to the Agreement in effect when you access or use the Platform, you Platform. We may, at any time and without liability or prior notice, modify or discontinue all or part of the Platform (including access to the Platform via any third-party links). If you have submitted an email address to us, we may notify you of the changes via email via info@mestanacollecitve.com. By continuing to use our Site after such notice and/or consent, you are bound by our latest Terms & Conditions.

PURCHASING

All sales are final. Once an order is placed, it cannot be canceled or modified. Product instructions and care directions are provided on each respective product page. Please review all product details carefully before completing your purchase.

SHIPPING

Please allow 3-5 business days for your order to be processed and shipped. Once shipped, UPS will handle the delivery and provide tracking information to keep you updated on your order's progress. Shipping times may vary depending on the destination.

Free shipping will be applied automatically to any order over $200.

RETURNS

All sales are final. We do not accept returns or offer refunds for any purchases.

In the rare case that your item arrives damaged, please contact us at info@mestanacollective.com within 7 days of receiving your order. We will arrange an exchange for the damaged item. Please include your order number and photos of the damaged product in your email to expedite the process.

CONTACT INFORMATION

For any questions or concerns regarding your order, please contact us at info@mestanacollective.com.

RETREATS

By reserving your spot on any Mestana Collective Retreat you agree to pay the remainder of your particular package balance in accordance with the retreat timelines. There will be a specific due date listed on each retreat page and you will receive follow up email communications and reminders.

All deposits for retreat reservations are 100% non-refundable. In the event of trip cancellation the remaining balance paid outside of the initial deposit will be returned.

Upon deposit payment, a detailed itinerary, packing list and questionnaire will be sent to the email on file for a further understanding of next steps. We will also connect you with a personal retreat concierge via WhatsApp immediately after your reservation. You can always email us at info@mestanacollective.com with any further questions at any time.

You are responsible for your airfare to and from Peru and any accommodations in Peru that precede our itinerary by chance you arrive early.

You must have an acceptable passport validity of 6 months in order to travel to Peru. Having a passport expiration date of less than six months from the time of arrival into Peru will result in travel denial.

Mestana Collective is not responsible for any lost, damaged, or potentially stolen goods or property during our retreat.

Mestana Collective is not responsible for any potential injury. This rare occurrence will fall under your previously purchased travel insurance or private health insurance.

THE PLATFORM IS PROPERTY OF MESTANA COLLECTIVE

You acknowledge and agree that we (or, as applicable, our licensors) own all legal rights, titles and interests in and to all elements of the Platform. The graphics, design, systems, methods, information, services, "look and feel", organization, a compilation of the content, code, data, and all other elements of the Platform (collectively, the "Mestana Collective Materials") are owned by Mestana Collective and are protected by copyright, trade dress, patent, and trademark laws, international conventions, other relevant intellectual property and proprietary rights, and applicable laws. All Mestana Collective Materials are the copyrighted property of Mestana Collective or its licensors, and all trademarks, service marks, and trade names contained in the Mestana Collective Materials are proprietary to Mestana Collective or its licensors. Except as expressly set forth herein, your use of the Platform does not grant you ownership of or any other rights with respect to any content, code, data, or other materials that you may access on or through the Platform. We reserve all rights in and to the Mestana Collective Materials not expressly granted to you in the Terms.

MESTANA COLLECTIVE MAY USE AND SHARE ALL USER FEEDBACK

You may choose to submit comments, bug reports, ideas, or other feedback about the Platform, including without limitation about how to improve the Platform (collectively, "Feedback"). By submitting any Feedback, you agree that we are free to use such Feedback at our discretion and without additional compensation to you, and to disclose such Feedback to third parties (whether on a non-confidential basis or otherwise). You hereby grant us a perpetual, irrevocable, non-exclusive, worldwide license under all rights necessary for us to incorporate and use your Feedback for any purpose.

EXTERNAL SITES

The Platform or Site may include hyperlinks to other websites or resources (collectively, "External Sites"), which are provided solely as a convenience to our users. We have no control over any External Sites. You acknowledge and agree that we are not responsible for the availability of any External Sites and that we do not endorse any advertising, products, or other materials on or made available from any External Sites. Furthermore, you acknowledge and agree that we are not liable for any loss or damage which may be incurred as a result of the availability or unavailability of the External Sites, or as a result of any reliance placed by you upon the completeness, accuracy, or existence of any advertising, products or other materials on, or made available from, any External Sites.

USER MAY NOT USE THE PLATFORM FOR ILLEGAL ACTIVITY

You agree to use the Platform only for purposes that are legal, proper, and in accordance with these Terms and any applicable laws or regulations. Without limitation, you may not, and may not allow any third party to: (i) send, upload, distribute or disseminate any unlawful, defamatory, harassing, abusive, fraudulent, obscene, or otherwise objectionable content; (ii) undertake any unlawful activity which would violate, or assist in violation of, any law, statute, ordinance, or regulation, sanctions program administered in any relevant country, including but not limited to the U.S. Department of Treasury's Office of Foreign Assets Control ("OFAC"), or which would involve proceeds of any unlawful activity; (iii) distribute viruses, worms, defects, Trojan horses, corrupted files, hoaxes, or any other items of a destructive or deceptive nature; (iv) impersonate another person (via the use of an email address or otherwise); (v) upload, post, transmit or otherwise make available through the Platform any content that infringes the intellectual proprietary rights of any party; (vi) operate to defraud Mestana Collective , other users, or any other person or provide false, inaccurate or misleading information; (vii) use the Platform to violate the legal rights (such as rights of privacy and publicity) of others; (viii) engage in, promote, or encourage illegal activity (including, without limitation, terrorism, tax evasion or money laundering); (ix) interfere with another individual's or entity's access to or use of the Platform; defame, abuse, extort, harass, stalk, threaten or otherwise violate or infringe the legal rights (such as, but not limited to, rights or privacy, publicity and intellectual property) of others; incite, threaten, facilitate, promote, or encourage hate, racial intolerance or violent acts against others; harvest or otherwise collect information from the Platform about others, including without limitation email addresses, without proper consent; (x) exploit the Platform for any unauthorized commercial purpose; (xi) modify, adapt, translate, or reverse engineer any portion of the Platform; (xii) remove any copyright, trademark or other proprietary rights notices contained in or on the Platform or any part of it; (xiii) reformat or frame any portion of the Platform; (xiv) display any content on the Platform that contains any hate-related or violent content or contains any other material, products or services that violate or encourage conduct that would violate any criminal laws, any other applicable laws, or any third party rights; (xv) use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the Platform or the content posted on the Platform, or to collect information about its users for any unauthorized purpose; (xvi) create user accounts by automated means or under false or fraudulent pretenses; or (xvii) access or use the Platform for the purpose of creating a product or service that is competitive with any of our products or services.

MESTANA COLLECTIVE MAKES NO REPRESENTATIONS OR WARRANTIES

Mestana Collective makes no representations or warranties, express or implied, written or oral, made by or on behalf of Mestana Collective in connection therewith, including any representations or warranties of title, non-infringement, functionality, merchantability, usage, security, suitability or fitness for any particular purpose, workmanship or technical quality of any Mestana Collective Item or work, smart contract code, or software.

USER RELEASES MESTANA COLLECTIVE FROM CLAIMS ARISING FROM OTHER USERS' VIOLATIONS OF THESE TERMS

The User irrevocably releases, acquits, and forever discharges Mestana Collective and its subsidiaries, affiliates, officers, and successors for and against any and all past or future causes of action, suits, or controversies arising out of another User's violation of these Terms.

INDEMNIFICATION

You agree to indemnify and hold harmless our company and its affiliates from and against any and all claims, costs, proceedings, demands, losses, damages, and expenses (including, without limitation, reasonable attorney's fees and legal costs) of any kind or nature, arising from or relating to, any actual or alleged breach of these Terms by you, a co-conspirator, or anyone using your account. If we assume the defense of such a matter, you will reasonably cooperate with us in such defense.

SEVERABILITY

If any provision of these Terms is found to be unlawful or unenforceable, then that provision will be deemed severable from these Terms and will not affect the enforceability of any other provisions.

PROHIBITED CONDUCT

You are solely responsible for Your conduct while accessing or using the Service.

You will not:

sell, rent, lease, distribute, broadcast, publicly perform, publicly display, sublicense, or otherwise assign any rights to the Service or any portion of it to any third party;
remove or modify any proprietary notices or labels on the Service or otherwise make any derivative uses of the Service;
cache, create unauthorized hypertext links to the Service or frame any Content;
use any data mining, robots, or similar data gathering and extraction tools, or bypass or ignore instructions contained in Our robots.txt file or equivalent restrictive technologies that control automated access to portions of the Service;
use Marks as metatags on other pages or sites on the Internet;
use or attempt to use another User's Account without authorization from that User and Us;
use the Service in any manner that could interfere with, disrupt, negatively affect or inhibit other Users from fully enjoying the Service or that could damage, disable, overburden, or impair the functioning of the Service or Our infrastructure (in Our sole discretion) in any manner;
reverse engineer any aspect of the Service or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any part of the Service;
attempt to circumvent any content-filtering or access restriction techniques We employ or attempt to access any feature or area of the Service that You are not authorized to access;
copy, download, redistribute, reproduce, "rip", record, transfer, display to the public, broadcast, or make available to the public or another vendor or third party any part of the Service, or otherwise make any use of the Service not expressly permitted under these TOS, any Additional Terms, or applicable law, or which otherwise infringes the intellectual property rights (such as copyright) in the Service or any part of it;
develop or use any third-party applications that interact with the Service without Our prior written consent, including any scripts designed to scrape or extract data from the Service; or
violate any laws, regulations, governmental orders, or industry standards or guidance in any applicable jurisdiction.

DISCLAIMER OF WARRANTIES

Your access to, and use of the service is at your sole risk. except for the express authorship warranty provided in the fine art conditions of sale, the service is provided to you "as is" and "as available" without warranty of any kind either express or implied including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose, title, non-infringement, security or accuracy. We do not represent or warrant that the service is accurate, complete, reliable, current or error-free, or that the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations. While we attempt to make your access to and use of the service safe, we cannot and do not represent or warrant that the service is free of viruses or other harmful components. All third-party materials are provided "as is" without any representation or warranty whatsoever. it is your responsibility to evaluate the accuracy, completeness or usefulness of any opinion, advice or other content available through the service or obtained from a linked site or third-party materials. please seek the advice of professionals, as appropriate, regarding the evaluation of any specific opinion, advice, product, service, or other content. Reference to any products, services, processes or other information by trade name, trademark, manufacturer, supplier, vendor or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by us.

INDEMNITY

To the fullest extent permitted by applicable law, You will indemnify, defend (at Our option) and hold Us and Our officers, directors, employees, agents, third-party providers, licensors, partners and successors and assigns (individually and collectively, the "Mestana Collective Parties") harmless from and against any and all fines, penalties, liabilities, losses, governmental inquiries, investigations, and proceedings and other damages, costs and expenses of any kind whatsoever (including reasonable attorneys' and experts' fees) incurred in connection with any third-party claim, demand, cause of action, suit, investigation, arbitration, or other proceeding (collectively, "Claims") directly or indirectly arising out of: (a) Your access to or use of the Service or any Third-Party Materials; (b) Your actual or alleged breach of these TOS or any Additional Terms; (c) Your Postings and Mestana Collective Parties' use of any information that You submit to Us; and/or (d) any fraud, misrepresentation, manipulation, intentional misconduct, gross negligence or other violation of any applicable laws in connection with Your use of the Service or Your activities in connection with the Service. Mestana Collective Parties may take control of the defense or settlement of any Claim and You will cooperate with Mestana Collective Parties in defending such Claims. In any event, You will not settle any Claim without Our prior written approval. For the avoidance of doubt, if You are a Company (or representing a Company), Your obligations hereunder will extend to indemnification based on the acts and omissions of Your employees, consultants and agents.
If You are a California resident, You expressly waive any rights You may have under California Civil Code Section 1542 (or analogous laws of other states), which says: "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party."

GOVERNING LAW AND VENUE

These TOS (and any Additional Terms) and Your access to and use of the Service will be governed by and construed and enforced exclusively in accordance with the laws of the State of California, without regard to conflict of law rules or principles (whether of California or any other jurisdiction). Any dispute between You and Us that is not subject to arbitration or cannot be heard in small claims court will be resolved exclusively in the state or federal courts of California and the United States, respectively, sitting in San Francisco County, California. The United Nations Convention on Contracts for the International Sale of Goods will not in any way apply to these TOS, the Service, or the listing, marketing, offer or sale of property through the Service. For European Union ("EU")-based consumers this choice of law provision applies to the extent that no mandatory consumer protection rules laid down in the EU or national EU member state laws provide for greater consumer protection, in which case, such other laws will apply.

NOTICES

All notices under this Agreement must be in writing (which includes emails).

If You have any questions or comments about the TOS or the Service or wish to terminate this Agreement, please contact Us by email at: info@mestanacollective.com.