Terms of Service

Welcome to our website www.johannaortiz.com

1. Company information

The Website is managed by the American company Johanna Ortiz Zona Franca LLC, with a registered address at 255 Alhambra Circle Street 500, Coral Gables, Fl 33134, (Colombia), identified with Tax Identification Number 38-4230847 (“JOZF” or the “Company”).

  • Contact email address: 

For general inquiries:

customerservice@johannaortiz.com

For returns and exchanges:

customerservice@johannaortiz.com

For wholesale inquiries:

customerservice@johannaortiz.com

For press:

pr@johannaortiz.com

 

2. Access and Use of the Website 

  • These terms and conditions govern the access and use of the Website (“Terms and Conditions”). Accessing and using the Website, as well as purchasing any products available on the Website and related domains, imply the user read these Terms and Conditions and accepts them without any restrictions. To access and use this Website you must be 18 or older. If you are under 18, your parents' prior authorization shall be required.

If the user does not accept them, we would request that the user refrain from using the Website and its content.

If you need any help or any additional information, you can contact our customer service by writing to customerservice@johannaortiz.com

These Terms and Conditions form an integral whole with our Customer Privacy Notice and Cookies Policy. 

  • We advise you, as a user, to regularly review these Terms and Conditions prior to any use or access of the Website, since they may be amended by the Company from time to time. At any time, the Company may modify or simply update all or any part of these Terms and Conditions. Any modification or update of these Terms and Conditions shall be notified on the homepage of the Website upon their adoption and shall apply as soon as they are made available in this section of the Website. The Company shall implement every effort to ensure all information provided on the Website is accurate and up to date. However, the Company cannot guarantee the absence of errors in its contents nor that the latter are systematically updated.

  • You agree to use the Website only for purposes that are permitted by (a) the Terms and Conditions and (b) any applicable law in the relevant jurisdictions.

  • Unless otherwise noted, the Website, and all materials on the Website, including text, images, illustrations, designs, icons, photographs, video clips, audio clips and other content, and the copyrights, trademarks, trade dress and/or other intellectual property in such materials (collectively, the "Contents"), are owned, controlled or licensed by the Company and its affiliates.

The Website and the Contents are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the Website for your personal use only. No right, title, or interest in any downloaded Content is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell, or exploit in any way any of the Contents or the Website.

  • Product Colors: We have made every effort to ensure the colors are displayed as accurately as possible. We cannot guarantee your computer’s monitor will accurately display the true color. If you have any questions about the color of an item please contact customerservice@johannaortiz.com prior to placing your order.

3. Prices and Pricing Policy 

  • The prices applicable are those indicated on the website on the date of the order. They are listed for each item and exclude applicable taxes and shipping charges. Once you have completed the purchase order, and before making payment, you will be provided with a final overview identifying the article(s) acquired and the total price (including shipping and taxes).

  • The prices on the Website are shown in United States of America Dollars. The final price may vary due to the Terms and Conditions of the payment method, financial institutions and intermediaries involved in the payment processing, or transport and shipping services. User accepts and recognizes that beyond statutory regulations, Company is not responsible for any variations caused as a result of the foregoing.

4. Payment Method 

  • Payment will be made at the end of the purchase process and will be an essential condition for formalization of the same. Debit or credit card by Visa®, Mastercard® via Paypal and PayU. The choice of payment method is made during the purchase process on the corresponding screen. 

  • We use secure payment methods from financial entities to offer maximum security. You must notify the Company of any incorrect or fraudulent charge on the card used for purchase, by email and in the shortest period of time possible so that suitable steps can be taken at this site. The payment method suppliers or issuers may adopt anti-fraud measures that include the rejection of certain types of operations. The company is not responsible for the application of this type of security policy.

  • You expressly authorize the issuing of an electronic invoice. The company will issue an invoice in the name of the person or company placing the order, which is attached to the purchase confirmation email, once the order has departed from our facilities. Please note that sales invoices cannot be modified afterward in compliance with applicable laws.

5. Delivery

Normal orders are processed within 2-5 business days and should arrive within 3-7 business days after shipping. These times may vary due to unforeseen conditions during the logistics and transport of the goods. We shall provide the details for tracking of the package on the transport and logistics company. We do not deliver on Saturdays. If an order is placed on Friday, Saturday, or Sunday, it will be processed the following business day, excluding holidays.

Preorder orders ship according to the delivery window listed on each product page.

5.1. Delivery Cost, Duties and Options 

Location

Shipping Cost in USD

US Standard Shipping Free
US 2Day $45
US Priority Overnight $65

International Standard Shipping

Free

International Priority Price according to items

 *The location of the shipment will determine the import duties and taxes to be charged. 

5.2. Delivery issues

In the case that the delivery cannot be completed, the transport agency will leave a note and will try to make telephone contact. After two failed attempts, you must contact the transport agency in order to continue with the delivery. Company is not responsible nor liable for any inconvenience in the transport, shipping, and handling of the products by third parties unless it is caused by the Company or its personnel.

6. Returns, Exchanges and Cancellations

Please review our Returns, Exchanges, and Cancellations policies here.

    7. Product availability 

    If there are issues with regard to supply or there are products that are out of stock, we will inform you immediately and proceed to refund the price of the product(s) not available. We will refund the corresponding amount without undue delay and, in any case, within the period of 30 days. The refund will be carried out in conformance with the provisions of Section 4.

    8. Privacy

    The Company´s Privacy Notice and Cookie Policy applies to the use of the Website, and its terms are made a part of these Terms and Conditions by this reference.
    Please review our privacy and cookies page here.

    You understand that the Company may permit the operators of public search engines to use devices to copy materials from the Website for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. The company reserves the right to revoke these exceptions either generally or in specific cases. 

    9. Accounts and Passwords 

    • You are solely responsible for maintaining the confidentiality of the information required to access your account, (i.e. username and password). Accordingly, you are solely responsible for any and all activity that occurs from your account as a result of your failure to keep this information confidential and protected.
    • You shall notify as soon as practicable any security or confidentiality issue with your user or password, or activity under your account. You may be held liable for any losses suffered by the Company as a result of the latter.

    10. Applicable law and jurisdiction 

    These Terms and Conditions are governed by the laws of Colombia, without regard to any conflict-of-law rules or the United Nations Convention on Contracts for the International Sale of Goods. To the extent permitted by law, the competent courts at the place of the registered office of the Company, currently Cali, Colombia, will have exclusive jurisdiction in respect of any disputes arising from the Terms and Conditions, and your use of the Website, subject to the right to prosecute a user at his/her place of domicile or residence.


    11. Force Majeure 

    Performance by the Company with all or part of its obligations will be suspended in the case of unforeseeable events or force majeure that impedes or delays performance. These events will include, but not be limited to: war, riots, uprising, pandemics, local disease outbreaks, social disturbances, strikes of any kind, and supply problems that cannot be attributed to the Company. We will try to communicate as soon as practicable these events or force majeure. In the case that this suspension is prolonged for a period longer than 30 days, you will have the possibility to cancel the order in process and will receive a refund as per these Terms and Conditions.

    12.  Severability 

    If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms and Conditions is invalid, then that provision will be removed from the Terms and Conditions without affecting the rest of the Terms and Conditions. The remaining provisions of the Terms and Conditions will continue to be valid and enforceable.

    13. Liability

    • Company will be held harmless from any liability derived from:
    1. Errors on the Website due to force majeure, unforeseeable events, or other causes that cannot be attributed to the Company in connection to these Terms and Conditions.
    2. Technical and/or mechanical problems or viruses produced during the Internet connection (whether through the Website or third-party platforms), on the computer systems (software and hardware) or in the documents and electronic files stored on the computer systems.
    3. Access by minors to the content included on the Website, with adequate control of the activity of underage children being the responsibility of their parents or guardians.
      • The company is not responsible for the accuracy, update, and legality of the content of the pages that, where occurring, are suggested by the company or are linked to. Company will be held harmless from all liability relative to the user with regards to the legal conditions of use and the content of the various pages, and platforms suggested or that are linked to by third parties, with the user deciding to accept them or not under their own criteria.

    14. Indemnity 

    • You agree to indemnify and hold the Company, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against Company by any third party due to or arising out of or in connection with your use of the Website or infringement of these Terms and Conditions.
    • You agree that if the Company does not exercise or enforce any legal right or remedy that is contained in these Terms and Conditions (or which the Company has the benefit of under any applicable law), this will not be taken to be a formal waiver of Company’s rights and that those rights or remedies will still be available to Company.

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