TERMS OF SERVICE

Terms and Conditions for Contracting Services

General Conditions of Use of the Site

These terms of use (the “Terms of Use”) apply to the services offered by Cristian Tula Casa de Moda and are additional to the specific conditions detailed below, applicable to any specific service contracted by a person (the “User”) with Us in the acquisition of different products (the “Products”) within the site www.cristiantula.com.

Any person wishing to access and/or use the Site or purchase the Products may do so subject to the Terms of Use, together with all other policies and principles that govern the activity of CRISTIAN TULA and that are incorporated into these Terms of Use by reference.

The User must read, understand and accept all the conditions established in the Conditions of Use and in the Privacy Policies as well as in the other documents incorporated therein by reference, prior to registering as a User of CRISTIAN TULA.

Application

The Parties to the legal relationship for the provision of services are CRISTIAN TULA and the User. These Services shall be deemed to be intended solely and exclusively for the User, and may not be transferred by the User to third parties or used by persons other than the User, except with the express prior written authorization of CRISTIAN TULA.

The holder of the legal relationship with the User is CRISTIAN TULA, to whom the rights and obligations inherent to the exercise of the provision of services and sale of Products are attributed.

The Products are only available to individuals who have the legal capacity to enter into contracts. Individuals who do not have such capacity, minors or CRISTIAN TULA Users who have been temporarily suspended or permanently disabled may not purchase the Products. If you are registering a User as a Company, you must have the capacity to enter into contracts on behalf of such entity and to bind it under the terms of these Terms of Use.

The Services and sale of Products are limited exclusively to Colombian jurisdiction.

Services

CRISTIAN TULA will offer the User the Products specified on the Site. The price and quality conditions are published generally on the Site and specifically in these Conditions of Use.

CRISTIAN TULA products (hereinafter the “Products”) are exclusively intended for sale to end consumers, natural persons or end customers who are legal entities, to the exclusion of all resellers or intermediaries acting on behalf of resellers (hereinafter the “Customers”). Consequently, the Customer declares that he acts as an end consumer and that he has no intention of reselling the Products for commercial purposes.

CRISTIAN TULA offers for sale the products in the appropriate categories and subcategories, as specified on the Site. The publications may include descriptive texts, graphics, photographs and other content and conditions relevant to the sale of the goods or the contracting of the Product, provided that they do not violate any provision of these Terms of Use.

The Product offered by CRISTIAN TULA is accurately described in terms of its relevant conditions and characteristics.

Although every effort is made to ensure that the colour and pattern of the Products whose photos are displayed on the Website are faithful to the original Products, variations may occur, in particular due to technical limitations in colour reproduction on the Customer's computer equipment. Consequently, CRISTIAN TULA cannot be held liable for non-substantial errors or inaccuracies in the photographs or graphic representations of the Products displayed on the Website.

It is established that the prices of the products published on the Site must be expressed with the respective Value Added Tax (VAT) when applicable and in legal currency, that is, in Colombian pesos.

CRISTIAN TULA may remove any Product listing at its sole discretion and in accordance with these terms and conditions.

In the event that CRISTIAN TULA suspects that an illegal activity or an infringement of intellectual or industrial property rights is being or has been committed with the photographs published on the Website, CRISTIAN TULA reserves the right to adopt all measures it deems appropriate to prevent or cease the illegal or infringing activity.

Orders

Users may purchase Products from the Site twenty-four (24) hours a day, seven (7) days a week, except in cases where, due to maintenance, the Site is temporarily out of service.

Order in process:

The Client who wishes to place an order must comply with the following procedure:

Product Selection: The Customer must select the Product they wish to order.
Checking the contents of the Customer's selection: the Customer checks the contents of his basket and has the option of removing the Products he has selected.
Identification: the Client must complete the identification form made available to them and provide the requested data (mandatory data: title, surname, name or company name, email address, password, delivery telephone number).
4. Checking the Customer's order: the Customer checks the content of his order, the total price, the delivery and billing addresses, while maintaining the possibility of removing a Product or modifying the billing or delivery address.
Order acknowledgement: the Customer receives an email summarizing the content of his order, namely:

- Your delivery and billing addresses

- The order number

- The date of the order.

- The list of ordered products and their quantities

- The delivery method (Customer Address or “relay point”)

The Customer is advised to save and print this document, which is official proof of his order. The order is then recorded and processed by CRISTIAN TULA, which checks the availability of the Products ordered. Any order placed implies acceptance of the prices and descriptions of the Products available for sale.

Order dispatch confirmation: the Customer receives an email summarizing the content of his order and confirming its dispatch. The contract is deemed concluded on the date this email is sent.

* Order tracking

A tracking number from the shipping company is provided to the customer when their order has been confirmed.
If the Customer wishes to obtain information on the progress of his order, he can log on to the website of the carrier chosen by CRISTIAN TULA, and follow the transport of his package live. The Customer also receives information by email about the various stages of the process of processing and preparing his order until its shipment.

Rates, billing and payments

The total value of the purchase will be composed of the following concepts: value of the product, taxes and shipping costs.

Unless otherwise indicated, the amounts charged by CRISTIAN TULA are inclusive of value added tax (VAT) but will be net of any other applicable indirect taxes, which will be included in the invoice as separate concepts.

CRISTIAN TULA reserves the right to modify, change, add, or eliminate current rates at any time.

Without prejudice to the foregoing, CRISTIAN TULA may temporarily modify its pricing policy and the rates for its services for promotional purposes, these modifications being effective when the promotion is made public or the announcement is made on the Site.

Under no circumstances will CRISTIAN TULA be obliged to advance or provide funds to Users or to make, on their behalf, payments for expenses, services or supplies that have not been previously defined in the conditions previously mentioned on the Site.

In the event of non-payment by a User, CRISTIAN TULA reserves the right to take the judicial and extrajudicial measures it deems appropriate to obtain payment of the amount due, without the User being able to raise any claim or complaint for any damages that may arise from this.

At its sole discretion, CRISTIAN TULA may electronically issue invoices for commissions, fees and other concepts arising from the use of the Services or the acquisition of Products by Users on the Site in accordance with the provisions of Resolution 14,465 of 2007 issued by the National Tax and Customs Directorate (DIAN). The acceptance of these Terms of Use by the User entails, among other things, the express consent of the User to receive the aforementioned invoices electronically.

User Registration

It is mandatory for each person to complete the registration form in all its fields with valid data in order to use the services offered by CRISTIAN TULA.

The User must complete it with his/her personal information in an exact, precise and true manner and undertakes to update this information as necessary. CRISTIAN TULA is authorized to use various means to identify its Users.

Without prejudice to the provisions of these Terms of Use and the Privacy Policy, CRISTIAN TULA is not responsible for the accuracy of the information registered by the person on the Site, nor for the disclosure, or negligence in maintaining the confidentiality, of the password entered on the Site. Users guarantee and respond, in any case, for the truthfulness, accuracy, validity and authenticity of the information registered on the Site.

CRISTIAN TULA reserves the right to request any proof and/or additional data in order to corroborate the information entered by Users on the Site, as well as to temporarily or permanently suspend those Users whose data could not be confirmed.

CRISTIAN TULA reserves the right to reject any purchase request, without being obliged to communicate or explain the reasons for its decision and without this generating any right to compensation or reimbursement.

User Obligations

The User must have the legal capacity to acquire the Products,

Only in exceptional cases, the User may withdraw from the sale as regulated in these terms and conditions.

Due to the nature of CRISTIAN TULA's commercial activity, it is not responsible for the effective fulfillment of the fiscal or tax obligations established by current law that are applicable to the User.

Purchases on the Site will only be considered valid once they have been processed by CRISTIAN TULA's computer system through the Site.

Prohibitions for Users

Users may not:

Manipulate the prices of items;

Disclose your personal data or that of other Users by any means (including but not limited to social networks), except when expressly authorized on the Site;

Accept personal data provided by other Users;

Insult or attack other Users or CRISTIAN TULA staff;

Use your reputation, ratings or comments received on the Site in any manner outside of the Site;

This type of activity will be investigated by CRISTIAN TULA and the offender may be sanctioned with the suspension or cancellation of the offer and even of his/her registration as a User of CRISTIAN TULA and/or in any other way that CRISTIAN TULA deems appropriate, without prejudice to any legal action that may arise due to the configuration of crimes or infractions or any civil damages that may be caused to Users.

Exchange policy

To exchange a product, the User must present proof of payment or the buyer's ID number.

Changes may only be requested up to 30 days after receiving the Product.

Underwear cannot be changed.

Promotional products cannot be exchanged, except for exercising the right of withdrawal.

To request an exchange, the exchange request must be sent within the first 30 business days after receiving the order to the email contact@cristiantula.com. We will proceed to coordinate the courier to pick up the Product requested in exchange.

Once the Product has been received by Us, the User will be informed via email whether the exchange is appropriate or not, since we reserve the right to accept exchanges and returns.

If the exchange is appropriate, the User may choose between the following options: exchange for size or color of the product, a voucher loaded with the value of the purchase to be redeemed online or a refund.

Items on sale or at a discount cannot be exchanged. These items have one of the following conditions: repaired, remanufactured or discontinued, therefore the legal guarantee will not be enforceable.

The product must not be modified or altered from its original state.

The garment must be in good condition, clean, with its original labels and packaging.

Exchanges of garments will always be made for the value at which they were purchased. Any difference of a higher value must be paid by the customer.

Shipping costs for the garment are the responsibility of the customer. They must be sent to the address indicated by CRISTIAN TULA.

Right of withdrawal

For purchases made at www.cristiantula.com through payments with credit card, debit card or any type of electronic payment method and if it complies with the causes stipulated in article 51 of Law 1480 of 2011, a payment reversal may be requested within five (5) business days following the date on which you were informed of (i) the fraudulent or unsolicited transaction (ii) that you should have received the product or (iii) you received it defective or not corresponding to what was requested.

To request a reversal, the request must be sent to contact@cristiantula.com. In any of these cases, the User will be informed about the process within thirty (30) business days.

Right of withdrawal

In accordance with the right of withdrawal established by article 47 of Law 1480 of the Consumer Statute, the maximum term to exercise this right is five (5) business days counted from the delivery of the Product.

Transport and other costs incurred in the withdrawal will be borne by us only for the first exchange. The right of withdrawal will not apply to personalized Products.

If all the conditions contemplated in Law 1480 of 2011 are met, the total amount paid will be returned, without discounts or withholdings, and the term for the refund of the money may not exceed 30 calendar days.

In case of wanting to exercise the right of withdrawal, the user must send the request within the first 5 business days after receiving the order to the email contact@cristiantula.com (this email is answered from Monday to Friday from 8am to 5pm), which must be sent by the owner of the purchase.

The User who exercises the right to withdraw must return the Product in the same condition in which it was received and the transport provider will collect it at the same place where it was delivered. The Product must not have been used, and must have the labels and complete and original packaging material.

Products undergo a quality process and if they do not meet the conditions, the right to withdrawal may not be accepted. Exchanges and returns are subject to inventory availability.

Shipping Policy

The value of the shipping and transportation of the Products will be informed at the time of generating the purchase order, clarifying that said charge may vary depending on the city or country where the shipment must be made and will be definitively informed in the email of acceptance of the purchase order and confirmation of successful payment.
CRISTIAN TULA is not responsible for any actions and/or expenses and/or taxes (which are the responsibility of the Client) and/or delays due to customs over which it has no control.

From the moment the purchase order is accepted by the consumer, CRISTIAN TULA, through the transport company chosen by CRISTIAN TULA, will be obliged to deliver the product purchased through this website, under the terms stipulated for the same, from 7 to 15 business days after the acceptance of the purchase order.

The delivery time mentioned above may vary taking into account the immediate availability in stock of the selected product, since CRISTIAN TULA is an organization focused on contributing socially and environmentally, it carries out the preparation and manufacturing of the products distributed 100% by hand, so the preparation time for some selected garments may be up to double the average delivery time already stipulated and mentioned previously, also for garments purchased in Pre-order.

Products that may take longer than the average time to be made and delivered to the buyer will be specified on the website, in the description of said product.

The sale will be subject to the inventory of the Product. If the product is not available at the time of placing the order, CRISTIAN TULA will contact the consumer and provide them with a voucher for the value of the purchase or a refund. In addition, customers will be able to validate the delivery status of the order through the website of the shipping company.
In the event of an incomplete address, an incorrect address, inability to place the package in the Customer's mailbox, refusal of the package by the recipient, lack of information making it impossible to deliver the Product to the recipient at the appointed time, CRISTIAN TULA shall not be liable for the complete and final completion of this delivery. If this lack of information gives rise to a second presentation to the recipient, CRISTIAN TULA shall be entitled to require the Customer to pay the fees corresponding to this second delivery.

Violations of any kind to the Site

Any action or use of device, software , or other means intended to interfere with the activities and operations of CRISTIAN TULA as a commercial company or the Site, owned, managed and operated by CRISTIAN TULA, as well as with the offers, descriptions, accounts or databases of CRISTIAN TULA is not permitted.

Any interference, attempt or activity that violates or is contrary to the laws on intellectual property rights and/or the prohibitions stipulated in these Conditions of Use will make the person responsible for the relevant legal actions and sanctions provided for in these Conditions of Use or in the applicable laws, as well as making the person responsible for compensating for any damages caused.

General Sanctioning Regime

Without prejudice to other measures to which CRISTIAN TULA may be entitled, CRISTIAN TULA may warn or temporarily suspend or permanently disable the account of a registered User or a publication on the Site, apply a sanction that negatively impacts the reputation of a User, initiate the actions it deems appropriate and/or suspend the provision of its Services if (i) any law is breached, or any of the stipulations of the Terms of Use; (ii) if CRISTIAN TULA fails to comply with its commitments as a User; (iii) if it engages in fraudulent or deceitful conduct or acts, in the opinion of CRISTIAN TULA; (iv) the identity of the User cannot be verified or any information provided by the User is erroneous; (v) CRISTIAN TULA understands that the publications or other actions may be cause for liability for the User who published them on the Site, for CRISTIAN TULA or for the Users.

Information, documentation and confidentiality

CRISTIAN TULA will request from Users all the information and documentation that it deems necessary for the proper and effective sale of the Products. The information and documentation will be sent by the User to CRISTIAN TULA by the means considered most suitable.

The User acknowledges that in order to acquire the Products offered by CRISTIAN TULA, Users must provide certain personal data. Your personal information is processed and stored on servers or magnetic media that maintain high standards of security and protection, both physical and technological, in accordance with the provisions of CRISTIAN TULA's Privacy Policy.

The User declares and guarantees that he/she is duly authorized and empowered to send the documentation and information that he/she provides to CRISTIAN TULA, and will hold CRISTIAN TULA harmless from any third party claim due to access to the information or documentation sent by the User or at his/her request.

CRISTIAN TULA will not be liable under any circumstances for any consequences that may arise for the User due to the fact of having sent this information or documentation that is untrue, inaccurate or incomplete.

CRISTIAN TULA undertakes to safeguard the confidentiality of all information and documentation received from the User that is not in the public domain, and may only disclose it through the use of the Site in use of one of the Products offered with the authorization of the User or by order of any administrative, judicial or legally authorized authority to do so.

CRISTIAN TULA's duty of confidentiality with respect to the information and documentation received from the User will not apply to the interlocutors or contact persons of the User through the use of the Site.

Communications

Users accept that the means provided on the Site, as they are subject to the provisions of the Site's Privacy Policy, and unencrypted email, are suitable means for the flow and exchange of documentation, information and, in general, as a communication channel between Users, when permitted, and between them and CRISTIAN TULA for the offer of the Products.

The User exempts CRISTIAN TULA from any liability for the interception or access to emails by unauthorized persons, as well as any damage or harm that may occur to the User as a result of non-compliance with the Conditions of Use, computer viruses, network failures or similar situations, unless it is due to a cause attributable to CRISTIAN TULA.

Intellectual Property

The contents of the screens relating to CRISTIAN TULA's services and Products, as well as the programs, databases, networks and files that allow the User to access and use their account on the Site, are the property of CRISTIAN TULA and are protected by international copyright, trademark, patent, industrial design and model laws and treaties. The improper use and total or partial reproduction of said contents is prohibited, except with the express written authorization of CRISTIAN TULA.

The Site may contain links to other websites, which does not indicate that they are owned or operated by CRISTIAN TULA. Because CRISTIAN TULA has no control over such sites, it shall not be liable for the content, materials, actions and/or services provided by them, or for any damages or losses caused by the use of such sites, whether caused directly or indirectly. The presence of links to other websites does not imply a partnership, relationship, approval or endorsement by CRISTIAN TULA of such sites and their content.

Regulatory compliance

Pursuant to current legislation on the prevention of money laundering and the financing of terrorism, the User, when contracting the Services or acquiring the Products of CRISTIAN TULA, undertakes to (i) provide, in a complete and truthful manner, all the information that is necessary and requested for these purposes, (ii) expressly authorises CRISTIAN TULA to carry out the verification actions that it deems appropriate in this regard and, without prejudice to the foregoing, (iii) declares that the origin of the resources used to pay for the Services of CRISTIAN TULA is lawful and does not contravene the provisions of current legislation on the prevention of money laundering and the financing of terrorism. If the necessary information is not obtained, CRISTIAN TULA will be unable to provide Services to the User, without this entailing any type of liability for CRISTIAN TULA.
CRISTIAN TULA may be subject to the obligation to notify the Financial Information and Analysis Unit of any fact or operation for which there is evidence or certainty that it is related to money laundering or terrorist financing, and must refrain from carrying out any operation in which such circumstances are revealed. CRISTIAN TULA shall not be liable to the User for any damages that the latter may suffer as a result of CRISTIAN TULA's compliance with such legal obligations.

Liability and Indemnity

CRISTIAN TULA shall be liable to the User for any damages and losses caused by causes attributable to CRISTIAN TULA or its professionals or employees as a result of fraud or gross negligence on the part of any of them. Outside of such cases, CRISTIAN TULA's liability shall be to the extent specifically determined for each Service in accordance with the scope defined on the Site, as well as the scope included below in these Terms of Use.

In no event shall CRISTIAN TULA be liable for damages arising from or caused, in whole or in part, as a result of falsehood, concealment or any other conduct by the User that was fraudulent or negligent, or not carried out in accordance with the principles of good faith, or for breaches of these Terms of Use or that occur for reasons beyond its reasonable control.

CRISTIAN TULA recommends acting with prudence and common sense when carrying out operations.

The liability of CRISTIAN TULA towards the User in relation to the Services is conditional on the User submitting a claim in writing, determining with sufficient detail the nature of the claim and the amount claimed, within a period not exceeding three (3) years from the end of the provision of the Services or acquisition of the Products, except in the case of fraud in which case the legally established limitation period will apply.

Any liability of CRISTIAN TULA will only be vis-à-vis the User. CRISTIAN TULA shall not be liable for any damage that may be caused to third parties as a result of the User's use of the Services outside their intended purpose.

The User undertakes not to instigate a third party to sue professionals or employees of CRISTIAN TULA in relation to the Services and Products.

In no case shall the liability of CRISTIAN TULA be deemed excluded for actions or omissions whose liability cannot be excluded or reduced under applicable regulations.

Without prejudice to the generality of the foregoing, CRISTIAN TULA shall not be liable for any damage, harm or loss to the User caused by failures in the Site, the server or the Internet. CRISTIAN TULA shall also not be liable for any virus that may infect the User's equipment as a result of accessing, using or examining its website or as a result of any transfer of data, files, images, text or audio contained therein. Users may not impute any liability or demand payment for loss of profits, by virtue of damages resulting from technical difficulties or failures in the systems or the Internet. CRISTIAN TULA does not guarantee continued or uninterrupted access and use of its Site. The system may eventually be unavailable due to technical difficulties or Internet failures, or for any other circumstance beyond the control of CRISTIAN TULA.

Processing of personal data

In accordance with the provisions of these conditions, the User is informed that the personal data provided to CRISTIAN TULA by accepting these Conditions of Use, as well as all those provided in the future as a result of their relationship with CRISTIAN TULA, will be incorporated into a database for which CRISTIAN TULA will act as controller and processor and which will be processed as provided for in our Privacy Policy.

The purpose of the processing of personal data includes the following activities: (i) maintenance, development, control and execution of the professional relationship that, within the framework of the provision of Services and sale of Products, is maintained with CRISTIAN TULA; (ii) communications with the User for information or marketing purposes; (iii) billing for the sale of Products.

The User may at any time exercise the right to know, update, rectify and request the deletion of his/her personal data in accordance with the provisions of the Privacy Policy.

The User is hereby informed and expressly and voluntarily authorizes CRISTIAN TULA to process his/her personal data so that they may be used by CRISTIAN TULA for the purposes set forth above.

AUTHORIZATION FOR PROCESSING OF INFORMATION

Habeas Data

The authorization provided on this website authorizes Cristian Tula Casa de Modas through the website www.cristiantula.com to collect, store, use and delete the personal data provided here, especially those that are defined as Sensitive Data (*) .

In order to fulfill its objective of providing a high quality service, publicize its offers and comply with the rules of the Habeas Data right, CRISTIAN TULA requires the aforementioned “Data Processing” to be carried out, in such a way that the purpose and use that CRISTIAN TULA will make of the information provided will be strictly professional, commercial, administrative and advertising. Under no circumstances will Personal Data be Processed for marketing or circulation purposes. In any case, the exceptions provided by law will apply.

Pursuant to Article 8 of Law 1581 of 2012, the owner of the personal information collected in this form has the following rights:

Know, update, rectify and delete the data provided;

To know the uses that have been made of the information provided, when requested by the owner;
Revoke the authorization and/or request the deletion of the data provided when the processing carried out does not respect the constitutional and legal principles, rights and guarantees in favor of the owner;
Access free of charge to your personal data that has been processed by us.

The owner of the information provided may exercise any of the aforementioned rights by sending a request to this effect to the email address contact@cristiantula.com. Once the request has been received in the terms established by CRISTIAN TULA, the request will be processed as established by law.

For more information, you can access our Information Processing Policy .

(*) Sensitive Data: Those that affect the privacy of the Owner or whose misuse may lead to discrimination.

Full agreement

Unless otherwise agreed between the User and CRISTIAN TULA, these Terms of Use constitute the entirety of what has been agreed between both parties in relation to the order of Services and will normally be supplemented by the provisions below which, among other things, include the specific services provided and the determination of the value for said Service.

Unless otherwise agreed, these Terms of Use will apply to any Service contracted by the User on the Site in the future.

In the event that any of these terms and conditions are found to be invalid, this will not affect the remaining terms and conditions, which will remain in full force.

Applicable legislation. Jurisdiction

The relationship between the User and CRISTIAN TULA is expressly subject to Colombian legislation.

In order to be aware of any discrepancies or claims that may arise from the interpretation or execution of the legal relationship between the User and CRISTIAN TULA, both parties, expressly waiving any other jurisdiction that may correspond to them and without prejudice to the mandatory rules on judicial competence, voluntarily submit to the Courts and Tribunals of Colombia.