TERMS AND CONDITIONS FOR DESIGN SERVICES & SALES

THE INFORMATION CONTAINED HEREIN SETS FORTH YOUR RIGHTS AND OBLIGATIONS WITH RESPECT TO THE TRANSACTION(S) CONTEMPLATED FOR HEREBY. THESE TERMS REQUIRE THE USE OF ARBITRATION (ON AN INDIVIDUAL BASIS ONLY; I.E., CASE CONSOLIDATIONS AND CLASS-ACTIONS ARE NOT PERMITTED) IN ORDER TO RESOLVE DISPUTES. PLEASE REVIEW THIS DOCUMENT IN ITS ENTIRETY BEFORE ENTERING INTO ANY TRANSACTION HEREUNDER IN ORDER TO CONFIRM YOUR ACCEPTANCE HEREOF. YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM US UNLESS YOU: (A) AGREE TO THESE TERMS AND CONDITIONS IN THEIR ENTIRETY; (B) ARE AT LEAST 18 YEARS OLD; AND (C) ARE NOT PROHIBITED FROM ACCESSING OR USING OUR WEBSITE OR ANY OF OUR WEBSITE'S CONTENTS, GOODS, OR SERVICES BY ANY APPLICABLE LAW, RULE, OR REGULATION.

1. Applicability of Terms and Conditions: 

(a) Welcome to ESQUE/BY. All pieces created through ESQUE/BY are made-to-order or one-of-one custom designs. Each garment is uniquely tailored and created specifically for you.  These terms and conditions (these "Terms") shall apply to your commissioning of design services and pieces from Esque Collective, Inc. d/b/a ESQUE/BY (referred to herein as “ESQUE/BY,” “Company,” “we,” “us,” or “our”), including purchases through https://esqueby.com (the "Site"). 

(b) These Terms are subject to change at any time without prior written notice by Company. The most recent version of these Terms shall be posted for your review at any time on the Site. Please review these Terms in their entirety prior to engaging in any transaction on the Site. Your continued use of the Site after any posting of updated Terms (which shall be dated as of their most recent update) shall constitute your acceptance of and agreement to any changes therein made.

2. Commissioning a Design Project:  For purposes of these terms, a “Design Project” is a made-to-order or one-of-one custom design commissioned by you.  All Design Projects are subject to these Terms.  Once the process begins, we are unable to accept cancellations or offer refunds.

(a) Phase 1.  You may begin a Design Project by (i) entering your name, contact information, payment information, and design preferences where indicated on the Site, (ii) providing payment of the requested nonrefundable creative deposit (the “Creative Deposit”), and (iii) signifying your agreement to these Terms by clicking “I Agree” where indicated on the Site.  This secures your initial consultation, sketch development, and a curated swatch package.  ESQUE/BY will create the requested design (the “Design”) and provide proposals regarding choice of fabric, cut, silhouette, cost, and related details.  

(b) Phase 2.  You may commission ESQUE/BY to produce the Design (the “Commission”) by (i) confirming in writing (including email) your acceptance of the final choice of fabric, cut, silhouette, shipping method, production target date, and related details, together with the total production price (“Production Price”) and shipping; and (ii) providing a nonrefundable production deposit equal to 50% of the balance of the Production Price (after applying the Creative Deposit).  You and ESQUE/BY each have the right to decline a Commission at any time before it is agreed to.

(c) Phase 3.  Upon completion of the Commission, you agree to pay the balance of the Production Price, plus sales tax and shipping costs.  Upon receipt of payment, we will ship the Commission to you.

3. Design Revisions:  

(a) Phase 1 includes up to two (2) rounds of design revisions after the initial consultation and sketch delivery. Additional revision rounds will incur a fee of $100 per round.

(b) Once a design is approved and the Production Deposit is paid, any major changes to the silhouette, fabric, or construction details must be agreed to by you and ESQUE/BY in writing or by email, and may:

• Require additional labor and material costs, and
• Extend the expected timeline of delivery.

We strongly encourage clear communication during the early concept stages to avoid later adjustments.

4. Appointment Scheduling, Cancellations, No-Shows:

(a) Appointments (both in-person and virtual) are by reservation only. Please provide at least 24 hours’ notice if you need to reschedule. Late arrivals may result in shortened fittings.

(b) Late Cancellations (under 24 hours) may incur a $50 rescheduling fee

(c) No-Shows may result in forfeiture of your consultation or fitting, and may require an additional Creative Deposit to rebook.

(d)      Class Enrollment, Refunds & Credits: Classes offered by ESQUE/BY are separate from design services and are subject to the following terms:

• Each class seat is limited and reserved in advance.
• Cancellations made 7 days or more before the scheduled class are eligible for a 50% refund, a studio credit, or a one-time reschedule.
• Cancellations made at least 72 hours before the class are eligible for studio credit or a one-time reschedule only.
• Cancellations made within 72 hours of the class are not eligible for refund, credit, or reschedule.
• No-shows will not be refunded or credited.
• Studio credits are valid for 3 months from the original booking date.
• ESQUE/BY may offer a studio credit within the 72-hour window if the vacated seat is filled from the waitlist, but this is not guaranteed.
• Makeup sessions are not guaranteed but may be offered at ESQUE/BY’s discretion if space permits in a future class.
• In the rare event that an instructor becomes unavailable and a substitute cannot be arranged, ESQUE/BY reserves the right to reschedule the class. If you are unable to attend the rescheduled session, you will receive a full studio credit, valid for 3 months, which can be applied to any future class or service. Refunds will not be issued unless the class is fully canceled with no reschedule option.

5. Abandoned Projects:  If we are unable to contact you for more than 90 consecutive days after receiving the Production Deposit, and no formal pause or extension has been agreed upon, your Commission will be considered abandoned. In such cases, ESQUE/BY reserves the right to:

● Terminate the Commission without refund of any prior deposits or payments.

● Reallocate, repurpose, or discard associated materials or garments.

● Require a new Production Deposit to resume any future work.

We will make at least one good-faith attempt to contact you via email before closure. You are responsible for maintaining timely communication throughout the design and production process.

6. Deadlines:  While we aim to deliver Commissions by our target date, meeting deadlines is contingent upon timely feedback, approvals, and payments. ESQUE/BY is not responsible for missed deadlines resulting from delays in client response, design changes, late payments, shipping delays, or other factors beyond our control.  If a specific event date is critical, please communicate this clearly during the initial consultation.

7. Mending Policy:  We provide one complimentary mending session per garment if requested within 30 days of delivery. This applies only to minor construction issues such as loose threads or delicate embellishments that may come undone. Any major alterations, resizing, damage due to wear, or repairs requested after this window are subject to additional fees.

8. Liability & Garment Use:  ESQUE/BY is not responsible for damage to garments caused by improper care, handling, or alterations made by third parties after delivery.

9. Data; Intellectual Property; Photographs & Images.

(a) For purposes of these Terms:

“Data” means any data acquired by us or developed by us in connection with the Site, the Designs and the Commissions, including (but not limited to) data you provide to us in connection with the Designs and the Commissions.

“Intellectual Property” means all proprietary rights relating to the Designs and the Commissions, including (but not limited to) rights arising out of the laws of patent or copyright.

(b) You and ESQUE/BY agree that all Data and Intellectual Property shall belong to ESQUE/BY.  You assign and agree to assign in the future to ESQUE/BY any right, title and interest you may have in the Data and Intellectual Property.  In the event ESQUE/BY is unable for any reason, after reasonable effort, to secure your signature on any document needed in connection with the actions specified above, you hereby irrevocably designates and appoints ESQUE/BY and its duly authorized officers and agents as your agent and attorney in fact, which appointment is coupled with an interest, to act for and in your behalf to execute, verify and file any such documents and to do all other lawfully permitted acts to further the purposes thereof with the same legal force and effect as if executed by you.

(c) Consistent with our ownership of the Intellectual Property, ESQUE/BY may display Designs and photographs of final Commissions for use on our website, social media, and promotional materials, and for related promotional purposes.  We respect your privacy and will (i) avoid publicizing any identifying client information unless granted express permission; and (ii) refrain from displaying your Designs and photographs of your Commissions if specifically requested in writing.

10. Right to Refuse Service:  ESQUE/BY reserves the right to decline service to any individual or entity for any reason at our discretion.

11. Payment Terms: You will be responsible for the prices stated at the time of your transaction, as well as any: (i) sales, use, excise, and related taxes; and (ii) shipping and handling charges. Payment may only be made with a valid credit, debit card, or use of a bona-fide electronic payment provider (i.e., PayPal). By using any such card or payment provider, you are hereby representing and warranting your full right and authority to make such purchase in the manner elected without violating any applicable law, rule, or regulation.

12. Representations & Warranties (R&Ws); Disclaimers; Limitations on Liability:

(a) Buyer’s R&Ws: You represent and warrant to us as follows: (i) that you are a legal adult and a resident of the United States; (ii) that you have the right to enter into any transaction contemplated for hereby without violating these Terms, any applicable law, rule, or regulation, and/or any agreement with, or rights of, any third party; (iii) that you will use the goods and services provided hereunder exactly as authorized and never in any way that would violate any applicable law or third party right of any kind; and (iv) that you are buying goods or services from us for solely your own use, and not for resale and/or export.

(b) Company’s Limited Warranty: We represent and warrant to you that any goods purchased by you, when used specifically as authorized by us and without modification thereto, will be safe for their intended use and free from defects in material, functionality, and workmanship. Notwithstanding the foregoing, this warranty shall not apply when the goods are subject to improper care, handling, accident, alterations made by third parties after delivery, or use in violation of any instructions we provide. We further warrant to you that we will perform our services in a professional manner in accordance with generally recognized industry standards. Notwithstanding anything set forth herein to the contrary, your sole remedy with respect to a breach by us of our warranties to you shall be to inform us, in writing, of your desire to exercise this limited warranty, along with a sufficiently detailed explanation of your reason(s), so that we may either: (i) repair or replace the goods in question (or re-perform the services, as applicable); or (ii) credit or refund your purchase price. In such instance, restocking fees shall not apply. We shall have the right to select which cure option to pursue, and we will be responsible for shipping & handling charges associated with resending replacement goods (and shall also be responsible for their risk of loss in transit during such time), if and as applicable. Any claim made by you hereunder shall be made within 90 days of delivery or forever be waived. We reserve the right to verify any such claim. This warranty period is not extended if we have to repair or replace a warranted product or re-perform a warranted service. This limited warranty extends only to you as the original purchaser of our products (and not to any subsequent owner or beneficiary of any goods received hereunder). THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE. 

(c) Limitation On Warranties: Subject to applicable law, and without limitation on the foregoing, we limit the duration and applicability of any and all implied warranties (including without limitation the warranties of merchantability, fitness for a particular purpose, title, or warranty against infringement of intellectual property rights of a third party, whether express or implied by law, course of dealing, course of performance, usage or trade, or otherwise) to the duration of the limited warranty set forth in subsection (b) above. PLEASE NOTE THAT SOME STATES DO NOT ALLOW FOR LIMITATIONS ON THE DURATION OF IMPLIED WARRANTIES AND THEREFORE, THIS LIMITATION MAY NOT APPLY TO YOU

(d) Sole and Exclusive Remedies/Liability Cap: SUBJECT TO APPLICABLE LAW, THE REMEDIES SET FORTH ABOVE ARE YOUR SOLE AND EXCLUSIVE REMEDIES, AND OUR ENTIRE OBLIGATION AND LIABILITY, FOR ANY BREACH OF OUR LIMITED WARRANTY. SUBJECT TO APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL COMPANY’S OBLIGATION OR LIABILITY HEREUNDER EXCEED THE PURCHASE PRICE YOU PAID TO US FOR THE APPLICABLE GOODS OR SERVICES. ADDITIONALLY, SUBJECT TO APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL WE BE LIABLE FOR ANY LOSS OF USE, BUSINESS, GOODWILL, REPUTATION, OR REVENUE, AND/OR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES OR OTHER DIRECT OR INDIRECT LOSSES OF ANY KIND. SOME STATES DO NOT ALLOW FOR THE EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

13. Accessibility.  At ESQUE/BY, we are deeply committed to accessibility and believe that all individuals should have full and equal access to our website and mobile experience.  We continuously work to improve the user experience for everyone by applying relevant standards to ensure our website is accessible to all, including those with disabilities.  If you use assistive technology (such as a screen reader, eye-tracking device, or voice recognition software) and have difficulty accessing our site, please contact us through our Contact Page or email us at info@esqueby.com.  When reaching out, please include the URL you were trying to access, a description of the issue, and your contact information. We’ll do our best to assist and provide alternative access to the content.  We’ll respond as promptly as possible. Thank you for helping us make ESQUE/BY more accessible to everyone.  

If you need to contact us, please email info@esqueby.com 

14. Privacy Policy and Website Terms of Use: You hereby agree to be bound by the terms of our Privacy Policy and Website Terms of Use. The Privacy Policy governs our processing of all personal information that we may collect from any person through the use of our Site or our services. The Website Terms of Use governs your use of our Site in general.

15. Third Party Beneficiaries: These Terms are for the sole benefit of the Company and you, and nothing herein, express or implied, is intended to or shall confer upon any other person or entity any legal or equitable right, benefit, or remedy of any nature whatsoever under or by reason of these Terms.

16. Force Majeure: Company shall not be held responsible for delays or non-performance caused by activities or factors beyond its reasonable control, including without limitation, war, weather, strikes, floods, lockouts, fires, acts of God, terrorism, and/or delivery, vendor, supplier, or other third party delays, non-performance, or failures of any kind.

17. Assignment: Company may assign or otherwise transfer any or all of its rights or obligations hereunder, in whole or in part, to any third party in its sole discretion. You may not assign any of your rights or delegate any of your duties hereunder at any time without our prior written consent in each instance, and any attempt to do so shall be null and void.

18. Notices & Communications: We may provide notices and communications hereunder to you by: (i) email; (ii) regular mail; or (iii) posting them on the Site. You shall be responsible for ensuring that you have provided us with your current email and mailing addresses. You can contact us at any time by any of the following means: (i) email, at: info@esqueby.com

19. No Waivers: Our failure to enforce any of our rights hereunder will not constitute a waiver of our right to make such enforcement in the future, subject to applicable law.

20. Governing Law/Binding Arbitration:  

(a) Governing Law. These Terms shall be governed by the laws of the State of New York without regard to its conflict of laws principles.

(b) Binding Arbitration. Subject to subsection (c) below and all applicable laws, you are agreeing to give up: (i) your right to litigate any claims that may arise hereunder in court or before a jury; and (ii) your right to consolidate any claim and/or participate in any class-action claim that may arise hereunder in any manner or forum. Instead, any claim, dispute, or controversy of any kind or nature arising hereunder which cannot be amicably resolved by us shall be solely and finally settled by arbitration administered by JAMS in accordance with its Streamlined Arbitration Rules and Procedures. Judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitration shall take place before a panel of one (1) arbitrator sitting in New York City, New York. The language of the arbitration shall be English. The arbitrators will be bound to adjudicate all disputes in accordance with the laws of the State of New York. The decision of the arbitrator(s) shall be in writing with written findings of fact and shall be final and binding on the parties. We shall bear all of our own costs, as well as your reasonable outside attorneys’ fees, actually incurred in connection with any such arbitration proceedings; provided, however, that if we are the prevailing party, we shall be entitled to reimbursement for those amounts that were expended on your behalf. With respect to any arbitration hereunder, as stated above, you hereby expressly waive any right to consolidate any claim and/or participate in any class-action claim of any kind or nature. This Section 20 provides your sole recourse for the settlement of any disputes arising out of, in connection with, or related to these Terms. If any provision of this clause is found unenforceable, such unenforceable provision will be removed and the remaining terms will be enforced.

(c) Small-Claims Option: Notwithstanding the foregoing, you may elect to pursue a breach of warranty claim in small-claims court rather than submit to binding arbitration, but only if you provide us with written notice of your desire to do so within 90 days of your purchase transaction. Any small-claims court proceeding initiated hereunder will be limited solely to your individual dispute; i.e., you are not permitted to file, or participate in, a class action suit or consolidated claim in small-claims court with respect to these Terms.

21. Entire Agreement: These Terms, along with the confirmation writings referenced in Section 2 above, any instructions that we provide you with relating to any product or service you obtain from us through the Site, and our Site’s “Terms of Use” and “Privacy Policy,” shall, collectively, be deemed a final and integrated agreement between you and us with respect to the subject matter hereof.