Terms and Conditions

Terms and Conditions of Use

SANTISIMAS CLOTHING TERMS AND CONDITIONS

Please read these Terms and Conditions (Terms and Conditions) carefully before using this website and any content on social networking sites (including, but not limited to, Facebook and Twitter) (collectively, the Site). These Terms and Conditions apply to all visits to and use of the Site, as well as to the Content (as defined below), information, recommendations, products and/or services offered to you on or through the Site. By accessing and using the Site, you agree to these Terms and Conditions in full, in addition to any other laws or regulations applicable to the Site and the Internet. If you do not agree to these Terms and Conditions in full, please leave the Site.

CHANGES IN TERMS

We reserve the right, at our sole discretion, to change, modify, add, or remove portions of these Terms and Conditions at any time. Please check these terms periodically for any such changes. Your continued use of the Site after changes to these Terms and Conditions are posted will constitute your acceptance of those changes.

WHEN DO THESE TERMS AND CONDITIONS APPLY?

These Terms and Conditions apply to all offers and contracts related to the sale and supply of products by us through our website, mobile applications, social media, and physical points of sale. When you purchase any product through the website, mobile applications, social media, and physical points of sale, you will be deemed to have accepted these Terms and Conditions during the ordering process. Deviations from these Terms and Conditions are only possible with our written consent.

THE CONTRACT AND ITS FORMALIZATION

You may only place an order through the website, mobile applications, social media, and physical points of sale if you are a consumer, not a distributor. You must be 18 years of age or older to purchase our products through the website, mobile applications, social media, and physical points of sale. Orders are solely an offer to enter into a sales contract; the sales contract will only be effectively concluded when you validly make payment for the order, as it is through this action that we understand that you have accepted the offer. Until valid payment is made, you may cancel or modify the order. For payment to be considered valid, in the case of virtual payments or bank transactions, it must not have been rejected by the payment platform or financial institution and cannot have been canceled. We are not obligated to accept an order if the payment is rejected by the payment platform or financial institution, or if the purchase is considered to be a transaction suspected of fraud or fraud. We have the right at all times to verify a pre-order or reject an order for the reasons stated above.

PAYMENT METHODS

Payment options are available on our website, mobile apps, and social media. For our physical points of sale, the payment methods advertised at the counter or checkout are available. By making purchases through any of our channels, you freely and voluntarily agree to pay the value of the product you have purchased on the established dates according to the chosen payment method, and you authorize us to share the sales invoice with the corresponding tax authorities, if required. The invoice will be delivered electronically to your email once we have received your payment and processed your purchase. For digital sales, for sales made at our physical points of sale, the invoice will be physically delivered at the time of payment and will also be sent electronically to your email.

VALUE ADDED TAX AND BILLING

Pursuant to Colombian law, the sale of merchandise in Colombia is considered a taxable activity for purposes of this tax. Therefore, orders placed will be subject to the general value-added tax (VAT) rate in effect at the time of purchase.

PRODUCT AVAILABILITY

All orders are subject to product availability. If there are difficulties with product supply or if items are out of stock, we will refund any amount you may have paid.

DELIVERY

Once the contract is formalized, we will make immediate delivery. For purchases made at a physical point of sale, purchases made through our website, mobile apps, and social media will be delivered to the address indicated by the consumer within the country, in the cities where we have coverage. At the time of processing your purchase, we will show you the shipping cost. We can only deliver to a valid delivery address, either a home or office address. Notwithstanding the foregoing, the consumer may choose to pick up their order at a physical point of sale. The person who comes to pick up the order must present their ID. If the person who comes to pick up the product in-store is different from the person who made the purchase, they must show their ID and present their email address with the order number or QR code. If the order is picked up in-store, there will be no shipping cost. If the consumer requests that the order be delivered in multiple shipments, we may charge additional delivery costs.

Due to contingencies beyond our control, delivery periods may be extended beyond the time established in our terms and conditions. The mere fact that a delivery period has been exceeded does not entitle the consumer to compensation.

For the purposes of these Terms and Conditions, "delivery" or the order will be deemed to have occurred when you or a third party designated by you acquire physical possession of the products, evidence of which will be provided by signing for receipt of the order at the agreed delivery address.

IMPOSSIBILITY OF DELIVERY

If it is impossible to deliver the order after three (3) attempts, we will direct your order to the physical point of sale closest to your location for collection at the point of sale. Likewise, we will share an explanatory note with the means of communication indicated by you, letting you know where your order is and how to proceed so that it is sent to you again or, failing that, so that it is collected at the point.

If you are not going to be at the delivery location at the agreed time, please contact us to arrange delivery on another day or time. If 10 days have passed since your order was available for delivery and it has not been delivered for reasons not attributable to us, we will understand that you wish to withdraw from the contract and will consider it terminated.

As a result of the termination of the contract, we will reimburse you after deducting the costs incurred by you in setting up the distribution chain and any additional costs resulting from your choice of a delivery method other than the least expensive standard delivery method we offer, within a maximum of 30 days from the date we consider the contract terminated. Please note that transportation resulting from the termination of the contract may incur additional costs, and we will therefore be authorized to charge you for these costs.

CHANGES

To process any exchange request that is not based on the product warranty, you must meet the following conditions: 1) Comply with the maximum period to request an exchange, which is eight (08) calendar days from the date of delivery of the product; 2) The product must not be used, must not have been modified and must be in perfect condition; 3) The product must contain the original labels, accessories and packaging.

Exchanges are not accepted for: underwear, tops, stockings, accessories, swimwear, lingerie, jewelry, personal care products, personal items with a biosecurity risk, face masks, items purchased in another country, at outlet stores, or products purchased on sale through the website, mobile apps, social media, and physical points of sale where discount percentages applicable to the value of the products are indicated.

The exchange will be made for the purchase price paid by the customer or, failing that, for the value of the product registered in the system on the day of the exchange. The exchange must be for a value equal to or greater than the value of the product, in which case the customer will pay the excess. The exchange must be made at the store where the customer made the exchange request. No refunds are issued. All product exchanges, whether in physical stores or on the website, are subject to inventory availability.

For the purposes of requesting a change, we recommend that you take into account:

  1. It is important to try on garments before removing the tag.
  2. You must present a document equivalent to a purchase invoice and/or purchase order, as appropriate.
  3. In accordance with applicable regulations, for exchanges, we may charge for the transportation service required for the return and delivery of the products being exchanged. This will be announced when we respond to your request.

WARRANTIES

The warranty covers manufacturing defects, the warranty term is: one (1) day for products purchased in Offers either through the website, mobile applications, social networks and physical points of sale where discount percentages applicable to the value of the products are indicated and thirty (30) calendar days for other products. The warranty term is counted from the date of delivery of the product. The warranty does not cover normal deterioration of the product, misuse, or damage caused by not following the care or maintenance instructions for the products.

It is understood that the products are in compliance with the contract provided that (i) they conform to the description made by us and possess the qualities that we have presented on this website, (ii) they are suitable for the uses to which products of the same type are ordinarily intended and (iii) they present the quality and performance usual for a product of the same type that can reasonably be expected.

The products we sell, especially handcrafted products, may often exhibit the characteristics of the natural materials used in their manufacture. These characteristics, such as variations in grain, texture, knots, and color, are not considered defects. On the contrary, their presence should be expected and appreciated. We only select products of the highest quality, but natural characteristics are inevitable and should be accepted as part of the product's individual appearance.

PROCEDURE FOR EXCHANGES AND WARRANTY

To redeem the warranty or exchange any of the products purchased through our website, mobile apps, social media, and physical points of sale, the customer may submit their request through any of the following means:

  • WhatsApp +57 305 4265170
  • Application at a physical point of sale, in Medellín, Laureles headquarters, Calle 37 # 80 AA – 25, El Tesoro Headquarters, Local 3051, in Cali, Carrera 104 # 14 – 100, Babilla Plaza Shopping Center, Local 15

For these purposes, the consumer must provide the buyer's full name and ID number, purchase order number, invoice number, and any other information deemed relevant for warranty or exchange support.

The customer service department will review the request and, if appropriate, request the product be returned for physical inspection. Coordinating with the customer how the product should be returned.

In the event that the warranty is applicable, the procedure for making it effective will be indicated and if not, a formal response will be generated explaining the reasons why it is not applicable and the product(s) will be returned to the initial shipping address.

Any late application will not be processed.

WHEN DOES THE WARRANTY NOT APPLY?

  1. The warranty period has expired, starting from the date the item was delivered.
  2. Failure to follow the garment's care and use instructions detailed on the label.
  3. Use of deodorants, creams, oils, lotions and/or any other body products or chemicals that discolor fabrics.
  4. Use of chemicals or bleach in washing.
  5. Faded by direct sun drying.
  6. The garment was altered or modified by the customer and therefore its shape was damaged.
  7. The print, appliqué or embroidery was ironed.
  8. Normal wear and tear of the garment
  9. The design of the garment has an artisanal process that makes each garment have unique and irregular finishes between the same batch.
  10. It is evident that the garment has been violated, modified or altered by the customer.

RIGHT OF WITHDRAWAL

Applicable only to online purchases and in accordance with the provisions of Article 47 of the Consumer Statute and taking into account the nature of the products offered, we reserve the right to limit the right of withdrawal to all those products that are not for personal use or that by their nature cannot be returned, for said products the right of withdrawal is understood to be agreed. The right of withdrawal gives the consumer the possibility of terminating the contract within a maximum term of five (5) business days from the date of delivery of the order and the consumer must return the product in the same means and conditions in which they received it. The transportation costs involved in the return of the goods will be covered by the consumer. Once the goods have been returned, in the same conditions in which they were delivered, the money will be refunded within the following thirty (30) calendar days. Goods made to the consumer's specifications, personalized goods, and goods for personal use (such as underwear, swimwear, etc.) are exempt from the right of withdrawal.

The consumer must return the goods, unused, with all internal and external labels attached, and in the packaging in which they were received. Returns of goods that do not meet these specifications will not be accepted.

To exercise your right of withdrawal, you must notify us by writing to the chat available on the website or on our official social media accounts of your decision to withdraw from the contract through an unequivocal statement. To comply with the right of withdrawal deadline, it is sufficient for you to send your communication regarding your exercise of this right before the corresponding deadline expires.

To process the aforementioned refund, we will use the same payment method you used for the initial transaction, unless this is not possible. In this case, we will process the refund using the option you choose from among those provided by us. You will not incur any costs as a result of the refund. Notwithstanding the foregoing, we may withhold the refund until we have received the goods back or until you have provided proof of their return, whichever is met first.

You must return or deliver the products directly to any of our stores in Colombia. Alternatively, you can request a return through a courier service arranged by us on our website, assuming the cost of return shipping. Alternatively, you can send the product directly to an authorized shipping point and pay the corresponding service fee without undue delay and, in any case, within a maximum of 14 calendar days from the date you notify us of your decision to exercise your right of withdrawal. Cash on delivery shipments are not accepted.

In cases where you wish to return the goods through the courier service arranged by us for collection at your home, an amount representing the cost of return shipping will be deducted. The deadline will be deemed met if you return the goods before this deadline has expired. You will only be liable for any decrease in the value of the goods resulting from handling other than that necessary to establish the nature, characteristics, and functioning of the goods. In cases where more than one item has been purchased in a single purchase, and the right of withdrawal on all the goods is not exercised, the purchase value paid for the returned goods will be refunded through the same payment method used for the purchase or, if this is not possible, through the option chosen by the consumer (from among the options offered by us). In the event of a second withdrawal on the same invoice, the refund will be made via online credit card or bank transfer, at your discretion.

You will not have the right to withdraw or cancel the contract for the supply of any of the following products:

- Customized items at the customer's request.

- Products for personal use.

- Goods sealed for health or hygiene reasons that have been unsealed after delivery.

- Goods that have been used by the consumer or that no longer retain their internal labels.

The right of withdrawal applies exclusively to products returned in the same condition as when you received them. No refund will be issued if the product has been used beyond its initial opening, if it is not in the same condition as when it was delivered, or if it has been damaged in any way. Therefore, you should handle the product(s) carefully while they are in your possession.

Please return the item using or preferably including all of its original packaging, instructions, and any accompanying documents.

PQRS

To file a Petition, Complaint, Claim, or Suggestion (PQRS), please contact us through the following channels, where you can track your request:

National Customer Service Line: +57 305 4265170

Email: info@santisimasropaintima.com

Main address: Calle 38 # 79-21, Laureles, Medellín, Antioquia.

For the purposes of processing PQRS, we adhere to the regulations of Law 1755 of 2015 and other regulations that modify, add to, or repeal it.

INDUSTRIAL AND INTELLECTUAL PROPERTY

You acknowledge and agree that all copyright, trademarks, and other intellectual property rights in and to the materials or content provided as part of the Website remain at all times vested in us or our licensors. You may use such material only as expressly authorized by us or our licensors. This will not prevent you from using this Website to the extent necessary to copy your order or contact information.

RESIGNATION

Our failure to require strict performance by you of any of your obligations under this contract or these Terms and Conditions, or our failure to exercise any of the rights or remedies to which we may be entitled under this contract or these Terms and Conditions, shall not constitute a waiver or limitation of such rights or remedies and shall not relieve you from compliance with such obligations.

No waiver by us of any particular right or action will constitute a waiver of any other rights or actions arising from a contract or the Terms and Conditions. No waiver by us of any of these Terms and Conditions or of any rights or actions arising from a contract will be effective unless it is expressly stated to be a waiver and is formalized and communicated to you in writing in accordance with the Notices section above.

PARTIAL NULLITY


If any of these Terms and Conditions or any provision of a contract is declared null and void by a final decision issued by a competent authority, the remaining terms and conditions shall remain in force, without being affected by said declaration of nullity.

COMPLETE AGREEMENT


These Terms and any document expressly referred to in them constitute the entire agreement between you and us in relation to the subject matter hereof and supersede any prior agreement, understanding, or arrangement between you and us, whether oral or in writing. You and we acknowledge that you have agreed to enter into a contract without relying on any representation or promise made by the other party or that could be inferred from any representation or writing in the negotiations between us prior to the contract, except as expressly set out in these Terms and Conditions. Neither you nor we shall have any remedy in respect of any untrue statements made by the other party, whether oral or in writing, prior to the date of a contract (unless such untrue statement was made fraudulently), and the other party's only remedy shall be for breach of contract in accordance with these Terms and Conditions.