Terms of Service

These Terms of Service ("Terms") govern your use of the website operated at tulumfashions.net (the "Site"), the B2B garment manufacturing services provided by Tulum Fashions S.A.S. ("Tulum Fashions", "we", "our", "us"), and any internal software applications, integrations, and tools we operate (collectively, the "Services").

By accessing the Site or engaging our Services, you ("you", "your", or "Client") agree to be bound by these Terms. If you do not agree, please do not use the Site or our Services.

1. About Tulum Fashions

• Legal entity: Tulum Fashions S.A.S.
• Address: Cra 84 #32B-21, Medellín, Antioquia, Colombia, 050036
• Email: jose@tulumfashions.com
• Country of registration: Colombia

2. Use of the Site

The Site is provided for informational purposes and to facilitate communication between Tulum Fashions and prospective or existing clients. You agree:

• To use the Site only for lawful purposes and in compliance with applicable laws.
• Not to attempt to gain unauthorized access to the Site, its servers, or any underlying systems.
• Not to upload or transmit malware, viruses, or any disruptive code.
• Not to scrape, copy, or reproduce substantial portions of the Site for commercial use without our written permission.
• Not to misrepresent your identity or affiliation when contacting us through the Site.

3. B2B manufacturing services

Tulum Fashions provides full-package garment manufacturing, including design support, sample development, production, quality control, and shipping coordination, to business clients ("Clients") under separate commercial agreements.

3.1 Quotations and orders

• Quotations issued by Tulum Fashions are valid for the period stated on the quotation; if no period is stated, for thirty (30) days.
• An order is considered confirmed only upon signed acceptance of an Order Confirmation, Pro Forma Invoice, or Purchase Order, and receipt of the agreed deposit (typically 50% of total order value).
• Lead times stated in any quotation are estimates that begin upon receipt of the deposit and confirmed technical pack. Lead times may be adjusted by mutual written agreement.

3.2 Pricing and payment

• Unless otherwise agreed in writing, all prices are quoted in U.S. Dollars (USD).
• Standard payment terms are 50% deposit upon order confirmation and 50% balance prior to shipment, unless agreed otherwise in writing for the specific order.
• Bank transfer fees, currency conversion fees, and any third-party payment processor fees are borne by the Client unless otherwise specified.
• Late payments may accrue interest at the lower of 1.5% per month or the maximum permitted by applicable law.

3.3 Production and approvals

• The Client is responsible for delivering complete, accurate technical packs, fabric specifications, color references (Pantone or physical lab dips), and any required print artwork.
• Tulum Fashions will produce sealed samples for Client approval prior to bulk production. Production begins only after written sample approval (email confirmation is sufficient).
• Tolerances for fabric weight, color, and dimensional measurements follow standard industry tolerances unless explicitly tightened in writing.
• Minor visual variations between samples and bulk production within accepted industry tolerances are not grounds for rejection.

3.4 Shipping, customs, and delivery

• Incoterms (FOB, CIF, DDP, etc.) are agreed per order and stated on the Order Confirmation.
• For "landed price" arrangements, Tulum Fashions includes shipping and applicable duties/taxes to the agreed delivery destination, but excludes any unforeseen charges imposed by customs authorities related to documentation provided by the Client.
• The Client is responsible for providing accurate import documentation, EIN or tax ID, and any required certifications applicable to the destination country.
• Risk of loss transfers to the Client according to the agreed Incoterm.

3.5 Quality, returns, and claims

• Claims for defective merchandise must be submitted within fifteen (15) business days of receipt, with photographic and quantitative evidence. After this period, the order is deemed accepted.
• Tulum Fashions' liability for defective merchandise is limited to repair, replacement, or credit toward future orders, at our reasonable discretion.
• The Client may not return goods without prior written authorization.

3.6 Intellectual property

• The Client retains all rights to its trademarks, logos, designs, and proprietary artwork. The Client warrants that it has all necessary rights to provide such materials to Tulum Fashions for use in its production order.
• Tulum Fashions retains rights to its production techniques, internal processes, supplier relationships, and any general garment construction know-how.
• Tulum Fashions may, with the Client's prior consent, reference completed work (e.g., brand names, photographs of produced garments) in marketing materials.

3.7 Confidentiality

Each party agrees to keep confidential the non-public information shared by the other party in the course of the business relationship, including pricing, designs, technical packs, supplier lists, and client identities, and to use such information only for the purposes of fulfilling the order. This obligation survives termination of the engagement.

4. Internal software integrations

Tulum Fashions operates internal software tools that integrate with third-party platforms (such as QuickBooks Online by Intuit Inc., email services, document storage, and shipping providers) to manage manufacturing operations, invoicing, and customer communications.

These integrations are designed to:

• Reduce manual administrative work in invoice generation, customer creation, and order tracking.
• Maintain accurate and up-to-date financial records.
• Provide transparent reporting to management.

Where such integrations require authorization to a third-party platform owned by Tulum Fashions or its Clients, access is limited to the specific scopes granted (e.g., reading and writing accounting data in a designated QuickBooks Online company). Authorization can be revoked by the platform owner at any time. We do not store login passwords for these third-party platforms; we use industry-standard OAuth 2.0 tokens that can be revoked individually.

5. Privacy

Our use of personal data is described in our Privacy Policy, which is incorporated into these Terms by reference.

6. Disclaimers

The Site and its content are provided "as is" without warranties of any kind, express or implied, to the maximum extent permitted by law. We do not warrant that the Site will be uninterrupted, error-free, or free of harmful components. Information on the Site (including catalogs, line sheets, and product photography) is provided for informational purposes; binding terms apply only through a signed quotation or order confirmation.

7. Limitation of liability

To the maximum extent permitted by law:

• In no event will Tulum Fashions, its officers, employees, or affiliates be liable for any indirect, incidental, special, consequential, or punitive damages, including lost profits, lost revenue, or business interruption, arising out of or relating to the use of the Site or the Services.
• Tulum Fashions' aggregate liability for any direct damages arising out of or relating to a specific production order shall not exceed the total amount paid by the Client to Tulum Fashions for that order.

8. Force majeure

Tulum Fashions shall not be liable for delays or failures resulting from causes beyond its reasonable control, including (without limitation) acts of God, government action, civil unrest, strikes, epidemics or pandemics, natural disasters, port closures, customs delays, raw material shortages, or third-party service outages.

9. Termination

We may suspend or terminate access to the Site or any internal Service at our discretion if these Terms are violated. Termination of a specific manufacturing engagement is governed by the corresponding Order Confirmation and applicable Colombian commercial law.

10. Governing law and dispute resolution

These Terms and any dispute arising under or in connection with them shall be governed by the laws of the Republic of Colombia, without regard to conflict-of-law principles. The parties agree to submit any dispute to the competent courts of Medellín, Antioquia, Colombia, except where applicable mandatory consumer or commercial law of another jurisdiction provides otherwise.

For Clients located in the United States, the parties may agree in a specific commercial agreement to alternative governing law and venue (such as the State of Florida) by written addendum.

11. Changes to these Terms

We may update these Terms from time to time. The current version is always posted on this page with an updated effective date. Material changes will be communicated to active Clients by email. Continued use of the Site or Services after a change constitutes acceptance of the updated Terms.

12. Severability

If any provision of these Terms is held invalid or unenforceable, the remaining provisions shall remain in full force and effect.

13. Entire agreement

These Terms, together with the Privacy Policy and any specific Order Confirmation, Quotation, or Purchase Order signed between Tulum Fashions and the Client, constitute the entire agreement between the parties concerning the subject matter hereof.

14. Contact

For any question about these Terms, please contact us at:

• Email: jose@tulumfashions.com
• Mail: Tulum Fashions S.A.S., Cra 84 #32B-21, Medellín, Antioquia, Colombia 050036