Terms of service

Welcome to julian-giraldo.com (the "Site"), the online home of Julian Giraldo ("Julian Giraldo", "the company", "we", "us", or "our"). These Terms of Service (the "Terms") set out the agreement between you and Julian Giraldo whenever you browse the Site, open an account, place an order, or use any service we offer. Please read them before you check out, because placing an order means you accept everything written below. We currently sell to and ship within the United States only.

If there is any part of these Terms you do not agree with, we would ask that you do not use the Site.

1. The words we use

To keep things readable, a few terms carry a set meaning throughout this document:

  • "Customer", "you", and "your" mean anyone who visits the Site or buys from it
  • "Products" means anything offered for sale on the Site
  • "Order" means any request you place through the Site to buy Products
  • "Content" means the text, images, photography, graphics, video, logos, code, and any other material shown on the Site

2. Who can use the Site

By using the Site, you confirm that you are at least 18 years old, or that you are using it with the consent and under the supervision of a parent or legal guardian. Accounts opened or orders placed by anyone underage without that consent are not authorised, and we may cancel them at our discretion.

3. Your account

You can set up an account to make future orders quicker. If you do, you are responsible for:

  • Giving accurate, current, and complete details when you register
  • Keeping your login details private and secure
  • Everything that happens under your account, whether or not you authorised it

We may suspend or close any account where we have reason to suspect fraud, a breach of these Terms, or misuse of what we offer.

4. How an order becomes a contract

When you place an Order, you are making an offer to buy the Products listed in it. That offer only becomes a binding contract once we have sent you a written order confirmation by email. We may decline or cancel any Order at our discretion, including where:

  • There is an error in a product description, image, or price
  • We suspect fraud or unauthorised use of a payment method
  • The quantity you have asked for is limited or unavailable
  • A shipping restriction affects your delivery address

If we cancel an Order after you have paid, we will refund the full amount to your original payment method without delay.

5. Products and availability

We do our best to describe and show every Product accurately. Even so:

  • Screens and lighting differ, so photography may not capture exact colours, finishes, or textures
  • Stock can move quickly, and a Product appearing on the Site is not a promise that it is still available when you place your Order
  • We may withdraw, discontinue, or change the specification of any item at any time, without notice

6. Prices

All prices on the Site are shown in United States Dollars (USD) and do not include any applicable taxes or delivery charges, which are worked out and shown at checkout.

We work to keep our pricing correct, but errors do happen now and then. If we spot a pricing error after you have placed an Order, we will contact you with the correct price and let you either confirm the Order at that price or cancel it for a full refund.

7. Payment

We accept the major credit and debit cards shown at checkout, along with any other payment methods we make available from time to time. By paying, you confirm that you are the rightful holder of the card or account being used and that there are sufficient funds to cover the Order. We do not process an Order until payment has cleared in full, and we may cancel any Order where payment is refused.

8. Discount codes and promotions

From time to time we may offer discount codes, gift vouchers, or other promotions. Unless we say otherwise:

  • Codes cannot be combined with other offers
  • Codes expire on the date stated, after which they stop working
  • Codes cannot be transferred and hold no cash value
  • We may end any promotion at any time, and refuse codes we believe have been obtained or used in breach of these Terms

9. Shipping and delivery

How we handle dispatch, carriers, and estimated delivery windows is set out in our separate Shipping Policy, which forms part of these Terms by reference. Any timeframe we give is an honest estimate, not a guarantee, and we are not liable for delays outside our reasonable control, such as carrier disruption, severe weather, or other events beyond us.

10. Risk and ownership

Ownership of, and responsibility for, any Products passes to you at the moment the carrier hands the parcel over at your delivery address, or to whoever is there to receive it.

11. Returns and refunds

The terms for returning or exchanging Products are set out in full in our Returns and Refund Policy, which forms part of these Terms by reference. It is worth reading that document before you buy.

12. How you may use the Site

We grant you a limited, non-exclusive, non-transferable, revocable licence to use the Site for your own personal, non-commercial purposes.

13. What you may not do

You agree not to:

  • Use the Site for anything unlawful, fraudulent, or harmful
  • Try to reach parts of the Site, our servers, or our networks that you are not allowed to access
  • Reverse engineer, scrape, harvest, or otherwise pull data from the Site by automated means
  • Interfere with, disrupt, or place an unreasonable load on the Site or the systems behind it
  • Upload viruses, malware, or any other harmful code
  • Pretend to be someone else, or misrepresent who you are connected with
  • Copy, redistribute, or otherwise exploit any Content without our written permission first

Breaking any of the above may mean we end your access to the Site straight away, on top of any other remedies the law gives us.

14. Intellectual property

All Content on the Site, including the name Julian Giraldo, our logos, product names, photography, graphics, written copy, and the design and layout of the Site itself, belongs to Julian Giraldo or to those who license it to us, and is protected by United States and international intellectual property law. Nothing on the Site gives you any right to use our intellectual property except as these Terms expressly allow.

15. Anything you submit to us

If you send us reviews, comments, photographs, or any other material, whether through the Site or directly, you give us a worldwide, royalty-free, perpetual, irrevocable, transferable, and sub-licensable licence to use, reproduce, adapt, publish, and display that material in running and promoting our business. You confirm that anything you submit is your own, does not infringe anyone else's rights, and contains nothing unlawful, defamatory, obscene, or otherwise objectionable. We may remove any submitted material at our discretion.

16. Links to other services

The Site may link to or work alongside services run by other companies. These are there for your convenience only. We do not endorse or control them, and we take no responsibility for their content, products, or practices. Anything you do with a third party is governed by that party's own terms, not by these.

17. Privacy

How we handle your personal information is set out in our Privacy Policy, which forms part of these Terms by reference. By using the Site, you confirm you have read and understood it.

18. No warranties

The Site, and all Content and Products offered through it, are provided on an "as is" and "as available" basis. So far as the law allows, we disclaim all warranties of any kind, whether express, implied, or statutory, including any implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not promise that the Site will always be available, uninterrupted, error-free, or free of harmful components.

19. Limit of our liability

So far as the law allows, Julian Giraldo and its officers, employees, agents, and affiliates will not be liable for:

  • Indirect, incidental, special, consequential, or punitive damages of any kind
  • Any loss of profit, revenue, data, goodwill, or business opportunity
  • Any damage arising from your use of, or inability to use, the Site or anything bought through it
  • Any damage caused by events outside our reasonable control

Where liability cannot be excluded by law, our total liability to you for any single Order will not be more than the amount you paid for the Products that gave rise to the claim. Nothing in these Terms limits any liability that cannot lawfully be limited, including liability for fraud or for death or personal injury caused by negligence.

20. Indemnity

You agree to indemnify and hold harmless Julian Giraldo and its officers, employees, agents, and affiliates against any claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising out of your breach of these Terms, your misuse of the Site or any Content, or your breach of any law or of anyone else's rights.

21. Events beyond our control

We are not liable for any failure or delay in meeting our obligations under these Terms where it results from events beyond our reasonable control, including natural disasters, pandemics, war, civil unrest, government action, strikes, carrier or supplier failures, internet outages, or cyber attacks.

22. Ending your access

We may suspend or end your access to the Site at our discretion and without notice if we believe you have breached these Terms or acted in a way that could harm our business, our reputation, or our other customers. Ending your access does not affect any rights or obligations already built up before that point.

23. Sorting out disputes

  • Talking it through first. Before starting any formal legal action, you agree to try to settle the matter informally by emailing us at hello@julian-giraldo.com and explaining the problem. We will work with you in good faith to resolve it within 30 days of hearing from you
  • Arbitration. If it cannot be resolved that way, both sides agree that any claim arising out of or relating to these Terms or your use of the Site will be settled by binding arbitration under the Consumer Arbitration Rules of the American Arbitration Association, conducted in English, with judgment on the award enforceable in any court that has jurisdiction
  • No class actions. So far as the law allows, you and Julian Giraldo agree to bring any dispute only on an individual basis, and not as part of any class, collective, or representative action

24. Governing law

These Terms are governed by and read under the laws of the State of Texas, United States, without regard to its conflict of laws rules. Where a dispute is not covered by arbitration, you agree that the state and federal courts sitting in Texas have exclusive jurisdiction over it.

25. General

  • Whole agreement. These Terms, together with the Privacy Policy, Shipping Policy, and Returns and Refund Policy, make up the entire agreement between you and Julian Giraldo about your use of the Site, and replace anything agreed before on the same subject
  • Severability. If any part of these Terms is found to be invalid or unenforceable, the rest stays in full effect
  • No waiver. If we do not enforce a right or a provision, that does not mean we have given it up
  • Assignment. You may not transfer your rights under these Terms without our written consent. We may transfer ours freely
  • Notices. Notices to us should be sent in writing to hello@julian-giraldo.com. Notices to you will go to the email address you gave at registration or checkout

26. Changes to these Terms

We may update these Terms from time to time as our business, our services, or the law change. The current version will always be on this page with the latest effective date at the top. Carrying on using the Site after we post an update means you accept the updated Terms.

If anything here is unclear, just ask. A real person reads every email and will reply within one business day.

Contact us

Julian Giraldo

Email: hello@julian-giraldo.com

Support hours: Monday to Friday, 7:00 AM to 5:00 PM CST

Address: 300 Colorado Street, Suite 450, Austin, TX 78701