Terms of Service
Version 2025-1, Effective May 2025
1. Who We Are
Aquilare Group Inc. is a business company incorporated in the British Virgin Islands with company number 2162263 and registered office at Craigmuir Chambers, Road Town, Tortola, VG
1110, British Virgin Islands. Our mailing address is 5580 La Jolla Blvd #607, La Jolla, CA 92037, United States of America.
Paloma Editions is our commercial brand. References to “Paloma Editions”, “we”, “our” or “us” in these Terms include Aquilare Group Inc. and, where relevant, its subsidiaries and affiliates.
All information contained in communications from Paloma Editions, including attachments, is strictly confidential and intended solely for the addressee(s). Communications are protected by international intellectual property laws. Unauthorized use, disclosure, distribution, copying, or any other action taken or omitted to be taken in reliance on them is prohibited and may be unlawful. If you are not the intended recipient, you must delete the communication and notify the sender immediately.
For all enquiries, please contact us:
contact@palomaeditions.com
+61 452 142 258
2. Acceptance of Terms
These Terms of Service (“Terms”) form a binding agreement between you and Aquilare Group Inc., trading as “Paloma Editions” (“Paloma Editions”, “we”, “our” or “us”). These Terms of Service ("Terms") govern your use of the website www.palomaeditions.com (the "Site") and the purchase of any products or services (“Products”) offered by Aquilare Group Inc. By accessing the Site or placing an order, you (“the Client”) acknowledge and agree to be legally bound by these Terms, our Privacy Policy, our General Conditions of Sale, our Shipping & Delivery Policy, our Returns & Cancellation Policy and any other referenced documents.
If you do not agree to these Terms, you must not use the Site or place any orders through it.
3. Scope and Eligibility
The Site and Products offered by Paloma Editions are intended for use by individuals aged 18 years or older, or by duly constituted legal entities acting through authorized representatives. By accessing the Site or placing an order, you represent and warrant that you have the legal right and authority to enter into a binding agreement with Paloma Editions.
4. Product Use
Unless otherwise stated, our Products are intended for residential or consumer use. Unless we supply written certification, the Products are not certified for commercial-grade load, flammability, or durability standards (e.g., CAL TB117-2013, NFPA 260, ANSI/BIFMA). If you place or use the Product in a commercial setting, you are wholly responsible for ensuring the item complies with all applicable building codes, fire-safety, accessibility, and other regulatory requirements in the jurisdiction where it will be placed or used. You assume all risk arising from commercial use and agree to indemnify and hold Paloma Editions harmless from any claim, loss, or liability resulting from such use.
5. Orders and Contract Formation
Placing an order constitutes an offer by you to purchase Products in accordance with these Terms. Orders are subject to acceptance by Paloma Editions, which occurs only when a formal Order Confirmation is issued. Until an Order Confirmation is issued, no binding agreement exists.
Paloma Editions reserves the right to reject or cancel any order at its sole discretion, including but not limited to pricing errors, unavailability of Products, payment issues, or regulatory restrictions.
6. Made‑to‑Order Products, Pre‑Payment & Payment Information Authorisation
6.1 Made‑to‑Order Lead Times. Many Paloma Editions items are made to order. Each Product page or quotation sets out an estimated lead‑time for manufacture and dispatch. Lead‑times are good‑faith estimates; they may vary because of material availability, supplier capacity or force‑majeure events.
6.2 Pre‑Payment Requirement. Unless we agree otherwise in writing, the full purchase price (including any taxes, duties, shipping and insurance itemised at checkout or invoiced the the Client) must be paid before the Product leaves our, or our supplier’s, premises. Your payment constitutes a non‑refundable pre‑payment for the quoted Products.
6.3 Authorisation to Share Payment Data. By placing an order, you authorise us to transmit, store and otherwise process your payment credentials and related personal data (e.g., billing address, card details, Pay‑Pal or BNPL token) with and through our third‑party payment processors and fraud‑prevention service providers, solely for the purpose of completing the transaction, performing anti‑fraud checks, issuing refunds, or handling chargebacks.
6.4 Data Protection. Our use of payment information is further governed by our Privacy Policy, which explains retention periods, encryption standards, and your rights to access, rectify, or delete personal data.
7. Prices, Currency, Taxes and Payment
7.1 Currency. All prices on the Site or in any quotation are denominated in United States dollars (USD), euros (EUR), pounds sterling (GBP) or Australian dollars (AUD), as displayed at checkout or on the quotation.
7.2 Price Components. Unless a price is expressly marked “tax-inclusive” or “delivered duty paid (DDP)”, or the inclusivity of taxes, duties or shipping costs is expressly stated at checkout, the price excludes:
- (a) sales, use, goods-and-services, or value-added taxes;
- (b) customs duties, import or brokerage fees; and
- (c) shipping, handling, and insurance charges.
7.3 Taxes We Collect. Where required by law, we may calculate and add any applicable sales, GST, VAT, or similar tax at checkout; the tax amount will appear as a separate line item before you confirm your order.
7.4 Taxes & Duties You Owe. All other taxes, duties, tariffs, levies, or fees imposed by a governmental authority on the importation of the Products into the destination country or state are your sole responsibility. This includes any charges that become payable after the goods reach the destination port or address. The responsibility to pay taxes and duties is further governed by our Shipping & Delivery Policy.
7.5 Currency Conversion Costs. If you pay in a currency different from your payment-card account currency, your card issuer or payment provider may apply its own exchange rate and fees; we are not responsible for those costs.
Payment must be made in full at the time of ordering. Accepted payment methods include wire transfer and major credit or debit cards processed securely via PCI-DSS-compliant payment gateways.
Paloma Editions reserves the right to modify its prices at any time without prior notice.
8. Production and Delivery
Products may be stocked or made to order. Estimated production and delivery timelines are provided for guidance only and are non-binding. Delays may occur due to supply chain disruptions, logistics constraints, or other factors beyond Paloma Editions’ control.
Delivery methods, risk transfer points, and service levels (including curbside and white-glove options) are detailed in our Shipping & Delivery Policy, which forms an integral part of these Terms.
9. Title and Risk of Loss
Title and the risk of loss, damage, theft or destruction of the Product(s) in an applicable order shall pass to the Client only upon receipt by Paloma Editions of full payment for the Products, and only when the Product(s) have been collected by the designated carrier and/or providers of the delivery service, unless the applicable consumer law requires risk to be passed to the Client upon delivery.
10. Intellectual Property
All intellectual property rights in the Products, the Site, and all associated content (including but not limited to designs, texts, photographs, images, and logos) are owned exclusively by Paloma Editions or its licensors. No license to use any intellectual property is granted except as expressly authorized in writing.
You may not reproduce, distribute, modify, display, or otherwise exploit any Paloma Editions content without prior written consent.
11. Limitation of Liability
To the maximum extent permitted by applicable law, Paloma Editions disclaims all liability for indirect, incidental, consequential, special, or punitive damages, including loss of profits, revenue, or data, arising from your use of the Site, the purchase of Products, or delays in production or delivery.
Paloma Editions’ total aggregate liability shall not exceed the amount paid by you for the Product giving rise to the claim.
12. Heavy Product Safety Obligations
12.1 Definition. A “Heavy Product” means any individual item we list or disclose as weighing more than 100 kilograms (≈220 lbs). Some stone pieces exceed 300 kilograms (≈660 lbs).
12.2 Suitability of Installation Site. Before delivery or installation, you must verify that the intended floor, wall, sub-structure, and access route can safely support the full static and dynamic load of the Heavy Product, taking into account any point-load concentrations and movement during placement.
12.3 Professional Advice & Equipment. You agree to engage qualified professionals—such as a licensed structural engineer, qualified installer, or rigging contractor—whenever local building codes, site conditions, or common safety practices reasonably require it. Appropriate lifting, anchoring, and leveling equipment must be used at all times.
12.4 No Implied Warranty of Structural Fitness. We make no representation that any premises are suitable for a Heavy Product; suitability is solely your responsibility.
12.5 Assumption of Risk & Indemnity. You assume all risks arising from improper handling, inadequate structural support, or non-compliant installation of a Heavy Product and agree to indemnify and hold Paloma Editions harmless from any claim, damage, or expense resulting from your failure to comply with this Section 5.
Our recommendations and your obligations when receiving Heavy Products are further governed by our Shipping & Delivery Policy, which forms an integral part of these Terms.
13. Product Characteristics & Visual Representation
13.1 Illustrative Images. All photographs, videos, 3‑D renders, and digital swatches shown on the Site or in our marketing materials are for illustrative purposes only. They are intended to convey an overall design aesthetic, not an exact replication of the item you will receive.
13.2 Handcrafted & Natural Materials. Every Paloma Editions piece is made from natural stone, timber, fabric, leather, metal, or similar organic materials. Inherent variations in colour, shade, grain, pore structure, vein direction, mineral intrusions, and surface texture are normal and expected. These characteristics are evidence of authenticity and are not considered defects.
13.3 Colour Accuracy & Display Differences. The colours you see depend on your device’s display settings and ambient lighting. We cannot guarantee that the Product’s actual colours will match those shown on your screen.
13.4 Natural Ageing. Fabrics and finishes may fade, metals may oxidise, and surfaces may develop a patina over time, especially when exposed to sunlight, humidity, or everyday use. Such aging is a natural process and does not affect structural integrity.
13.5 No Warranty for Natural Variations. We provide no warranty, express or implied, against the natural variations, ageing, or patination described in Sections 7.2–7.4. These conditions will not constitute a breach of contract, defect, or cause for return, replacement, or refund unless expressly required by applicable consumer law.
14. Force Majeure
Paloma Editions shall not be liable for any failure or delay in performing its obligations where such failure or delay results from causes beyond its reasonable control, including but not limited to natural disasters, wars, terrorism, labor disputes, supply chain disruptions, or governmental restrictions.
15. Privacy and Data Protection
All personal data collected through the Site or in connection with any order is handled in accordance with our Privacy Policy. By using the Site or placing an order, you consent to such processing.
You warrant that any personal information you provide is complete, accurate, and current.
16. Governing Law & Dispute Resolution
16.1 Governing Law. These Terms, and any non‑contractual obligations arising out of or in connection with them, are governed by and must be interpreted under the laws of the British Virgin Islands (“BVI”), excluding its rules on conflicts of laws.
16.2 Primary Forum – BVI Commercial Court. The parties irrevocably submit to the exclusive jurisdiction of the Commercial Division of the Eastern Caribbean Supreme Court (BVI) to resolve any dispute, claim, or controversy arising out of or relating to these Terms or the Products (“Dispute”).
16.3 Optional Arbitration for Cross‑Border Claims. Notwithstanding Section 15.2, either party may elect to refer any Dispute exceeding USD 250,000 (or foreign‑currency equivalent) to final and binding arbitration under the Rules of the London Court of International Arbitration (LCIA), as in force when the Notice of Arbitration is filed.
(a) Seat & Language. The seat of arbitration is Road Town, Tortola, BVI; the language is English.
(b) Tribunal. One arbitrator if the amount in dispute is ≤ USD 2 million; a panel of three arbitrators otherwise.
(c) Confidentiality. The proceedings, submissions, evidence and award are confidential to the fullest extent permitted by law.
(d) Interim Relief. Either party may seek interim or conservatory measures from the BVI courts (or any court competent to grant them) without waiving arbitration.
16.4 Consumer Safeguard. If you are a consumer and mandatory laws in your place of habitual residence give you the right to bring proceedings in that jurisdiction or to rely on non‑waivable consumer protections, nothing in Sections 15.2–15.3 deprives you of those rights.
16.5 Limitation Period. Any Dispute must be filed within two (2) years after the cause of action arose, unless a shorter period is imposed by mandatory law.
16.6 Waiver of Class Actions. To the extent permitted by law, each party waives the right to litigate or arbitrate any Dispute on a class, collective, representative or consolidated basis.
17. Amendments
Paloma Editions reserves the right to amend these Terms at any time without notice. The version in force at the time your order is accepted shall govern your relationship with Paloma Editions. Updated versions will be posted on the Site and take effect immediately upon publication. You should periodically visit this page to review the current terms and conditions so you are aware of any revision to which you are bound.
18. Entire Agreement
These Terms, together with the General Conditions of Sale, the Privacy Policy, the Shipping & Delivery Policy, and any other referenced documents, constitute the entire agreement between you and Paloma Editions concerning the Site and the purchase of Products. They supersede all prior communications, representations, or agreements between the parties.