Warranty and Returns Policy

Warranty, Exchange, and Return Policy

TERS APPAREL S.A.S.

1. Objectives

The purpose of this policy is to establish, for products marketed by TERS APPAREL S.A.S. (clothing and accessories), the rules applicable to warranty, exchanges, and returns, in accordance with the Consumer Statute (Law 1480 of 2011) and other related regulations. Specifically, it aims to:

  • Define the rights and obligations of consumers and TERS APPAREL S.A.S. regarding product quality, suitability, and safety, as well as claim processing.
  • Establish the scope and conditions for exchanges and returns requested by consumers, expressly distinguishing between: (i) legal warranty, (ii) right of withdrawal where applicable, and (iii) voluntary commercial exchange policies.
  • Specify the terms, conditions, and scope of the warranty applicable to clothing and accessories marketed by TERS APPAREL S.A.S., including the conditions of applicability related to product use, care, and washing.
  • Determine the procedure that the consumer must follow to submit and process a warranty claim, exclusively via the official email, including minimum information requirements, delivery for review, diagnosis, and applicable solutions (repair, replacement, or refund when legally appropriate).

2. Scope

This policy applies to products marketed by TERS APPAREL S.A.S. in Colombia, through its sales channels (including website sales, social media, messaging channels, physical stores, and/or any other channel enabled by the company), and regulates the conditions for:

  • Legal warranty: claims for alleged product quality or suitability defects, as per Law 1480 of 2011 and related regulations.
  • Voluntary exchanges (commercial policy): exchange requests due to size, preference, color, or reference, when there is no claim of quality or suitability defect.
  • Money refunds: only when legally mandated (e.g., as a remedy within the legal warranty or when the right of withdrawal applies), or when TERS expressly offers it as a commercial condition in a specific campaign.
  • Right of withdrawal: when applicable for distance sales, under the terms and exceptions provided by Law 1480 of 2011.
  • Exclusions and limitations: this policy does not restrict minimum inalienable consumer rights. In case of contradiction, the imperative provisions of the Consumer Statute and applicable regulations shall prevail.

Paragraph. This policy does not apply to products modified, altered, or personalized by the consumer or by third parties, in relation to voluntary exchanges; without prejudice to the consumer's right to claim warranty for manufacturing defects when appropriate and when it is proven that the alteration is not causally related to the alleged defect.

Regardless of the purchase channel, formal submission of warranty, exchange, withdrawal, return, or chargeback requests is done exclusively via the email atencionalclienteters@gmail.com, as per section 6 of this Policy.

3. Background

TERS APPAREL S.A.S. markets clothing and accessories in Colombia, primarily to final consumers through in-person and non-in-person channels. In this operation, warranty, exchange, and return requests arise that must be processed with clear and uniform rules.

Therefore, TERS adopts this Policy to organize after-sales service and define the criteria for receiving, reviewing, and responding to consumers, in accordance with the Consumer Statute (Law 1480 of 2011) and its regulations.

This Policy differentiates three scenarios that are often confused in practice: (i) the legal warranty for quality or suitability, (ii) the right of withdrawal when applicable for distance sales, and (iii) voluntary exchanges for size or preference as a commercial policy.

4. Definitions

For the purposes of interpreting and applying this Policy, the following concepts are adopted, in accordance with Law 1480 of 2011:

  • Consumer or user: Any natural or legal person who, as a final recipient, acquires, enjoys, or uses a product to satisfy a personal, private, family, or domestic need, and a business need when it is not intrinsically linked to their economic activity.
  • Product: Any good or service. For TERS APPAREL S.A.S., this primarily refers to marketed clothing and accessories.
  • Quality: Condition in which a product meets its inherent characteristics and those attributed by the information provided about it.
  • Suitability or efficiency: The product's ability to satisfy the need or needs for which it has been produced or marketed.
  • Safety: Product condition whereby, under normal use, taking into account duration, information provided, and, if applicable, commissioning, installation, and maintenance, it presents no unreasonable risks to consumer health or integrity.
  • Information: All content and form of making known the nature, origin, manufacturing method, components, uses, volume/weight/measure, prices, method of use, properties, quality, suitability or quantity, and any other relevant characteristic of the product, as well as the risks derived from its consumption or use.
  • Supplier or seller: One who habitually, directly or indirectly, offers, supplies, distributes, or markets products with or without profit. For this Policy, TERS APPAREL S.A.S. acts as a supplier.
  • Producer: One who habitually, directly or indirectly, designs, produces, manufactures, assembles, or imports products.
  • Warranty: Temporary and joint obligation of the producer and supplier to be responsible for the good condition of the product and its conformity with legally required or offered conditions of suitability, quality, and safety. The legal warranty has no additional consideration beyond the product price.
  • Legal warranty: Warranty provided by the Consumer Statute, enforceable when the product does not meet quality, suitability, or safety standards. It is enforced through applicable remedies (repair, replacement, or refund when appropriate).
  • Quality or suitability defect (in clothing): A fault attributable to manufacturing, tailoring, assembly, or materials that prevents or affects the normal expected use of the product, according to its nature and the information provided to the consumer.
  • Normal use / normal conditions of use: Reasonable and expected use of the garment according to its purpose, and in accordance with the care and washing instructions provided (labels and indications).
  • Misuse / improper use: Any use, handling, washing, or maintenance contrary to the care and washing instructions, or incompatible with the normal use of the garment, which causes damage.
  • Repair: Correction of the defect to restore product suitability, when technically possible.
  • Replacement (exchange as a warranty remedy): Substitution of the product with another of the same kind or similar characteristics, when appropriate as a way to enforce the warranty.
  • Money refund: Reimbursement of the price paid, when legally appropriate as a remedy within the warranty or in other events where the law mandates it.
  • Voluntary exchanges (commercial policy): Exchanges requested by the consumer for size, preference, color, or reference, without claiming a quality or suitability defect. These do not constitute a legal warranty.
  • Distance sales: Sales made without the consumer having direct contact with the product they purchase (mail, telephone, catalog, or e-commerce).
  • Advertising: Any form and content of communication intended to influence consumption decisions.
  • Misleading advertising: Advertising whose message does not correspond to reality or is insufficient, such that it induces or may induce error, deception, or confusion.
  • Promotions and offers: Temporary offer of products under special favorable conditions or free of charge as an incentive for the consumer.
  • PQR: Petition, complaint, or claim filed by the consumer related to after-sales service, warranty, or compliance with offered conditions.

5. Warranty and Returns Policy

5.1. Policy Reading Rule

This Policy applies to purchases made from TERS APPAREL S.A.S. through any authorized channel (web, social media, messaging, physical stores, or others). It is designed to avoid frequent confusion between different figures. Therefore, from the outset, TERS distinguishes between:

  • Warranty: when the product presents a quality or suitability issue attributable to the product.
  • Voluntary exchange: when the customer wants to exchange due to size, preference, color, or reference without a defect.
  • Withdrawal: legal right in distance sales, with terms and conditions defined by law.
  • Money refund: only applicable when mandated by law (warranty, withdrawal, non-delivery, chargeback) or when TERS expressly offers it as a campaign.
  • Payment reversal: special mechanism for electronic payments when fraud, an unauthorized operation, non-receipt, or a defective/different product occurs, in accordance with the law.

In case of contradiction between this Policy and the law, the imperative provisions of the Consumer Statute shall prevail.

A. Warranty (quality and suitability)

5.2. What warranty means for TERS

For TERS, a warranty claim is one in which the consumer states that the product does not meet the expected quality or suitability, according to its nature and the information provided (labels, care instructions, product description, and advertising). The warranty is processed with a case review and concludes with a reasoned decision: applicable or not applicable.

5.3. When the warranty applies

The warranty applies when, within the applicable term, a quality or suitability issue attributable to the product is evident, and the consumer's use has been normal and in accordance with care instructions.

5.4. Warranty terms informed by TERS

If the purchased item presents any quality or suitability issue, and all care and washing recommendations have been followed, the warranty claim may be processed, considering:

  • Buttons, zippers, and seams: sixty (60) calendar days counted from product delivery.
  • Garment (material/textile): thirty (30) calendar days, only if care and washing recommendations have been followed.

Paragraph 1. These terms apply according to the component or cause of the issue. TERS will comprehensively review the case and will not limit minimum consumer rights when the fault compromises the general suitability of the product.

Paragraph 2. The term is counted from delivery. If the product is received by TERS for review or repair, the service is managed with a tracking number and traceability.

5.5. What the warranty covers

The warranty covers faults attributable to manufacturing, tailoring, or assembly that affect the quality or suitability of the product within the applicable term. Typical examples (not exhaustive):

  • Seams that open or unravel without misuse.
  • Buttons, snaps, or zippers with component or assembly defects.
  • Abnormal detachment of parts or finishes due to manufacturing fault.

The evaluation is done on a case-by-case basis. The fact that a product has been used does not, by itself, imply inapplicability, but the relationship between use, care, and the reported damage is verified.

5.6. What is not considered a warranty (unless a manufacturing defect)

The warranty will not apply when the reported issue does not correspond to a defect attributable to manufacturing or when there is a ground for exemption. These include, among others:

  • Changes due to size, preference, color, or reference (this is a voluntary exchange).
  • Normal wear and tear from use (loss of appearance due to habitual friction, pilling due to rubbing, stretching or deformation due to prolonged use).
  • Damage due to misuse: pulls, tears, perforations, burns, stains from chemicals, makeup, dyes, chlorine, or solvents.
  • Non-compliance with care and washing instructions (temperatures, washing, spinning, drying, ironing, bleaches, etc.).
  • Damage caused by third parties (laundries, workshops, tailors) or by unauthorized modifications (adjustments, cuts, zipper changes, button intervention).
  • Minor variations inherent to the process or photography (shade due to lighting/batch), provided they do not affect quality or suitability and do not correspond to a manufacturing defect.

5.7. What TERS does when the warranty applies (solutions)

When the warranty applies, TERS implements the appropriate remedy according to the case and regulations:

  • Repair, if technically possible and reasonable to restore suitability.
  • Replacement with the same product or one of similar characteristics, when repair is not possible or not suitable.
  • Money refund, when legally applicable (e.g., when the item cannot be repaired, when the fault recurs, or when the applicable legal remedy is reimbursement).

5.8. Transportation and logistics in warranty

When the warranty process requires product transportation for review or remedy execution, TERS coordinates the procedure and assumes reasonable costs corresponding to the warranty process, according to applicable regulations and the adopted solution.

5.9. How to process a warranty (step by step)

  • Submission. The consumer submits the claim exclusively by email to atencionalclienteters@gmail.com, indicating: name, identification document, order number or reasonable proof of purchase, description of the issue, and, if possible, photos or video.
  • Shipping/delivery instructions. TERS responds by email indicating the shipping procedure or reception point, when physical review is required.
  • Receipt and proof. TERS records the entry, assigns a tracking number, and provides proof of receipt.
  • Review. A reasonable technical evaluation is carried out.
  • Decision. TERS communicates whether it applies or does not apply, with justification.
  • Execution. Repair, replacement, or refund is executed when applicable.

B. Voluntary exchanges (commercial policy)

5.10. What is a voluntary exchange

It is an exchange requested for reasons other than a defect: size, preference, color, reference, gift, or consumer preference. It is not a legal warranty.

5.11. Term and conditions for voluntary exchange

TERS may accept voluntary exchanges under these general conditions (except for special campaigns with different rules):

  • Request within 30 calendar days from the date of purchase.
  • Product must be unused, unwashed, undamaged, with tags, and in suitable condition for resale.
  • Modified, personalized, or adjusted products may be excluded from voluntary exchange.

In voluntary exchanges, shipping costs (to and from) are borne by the consumer, unless TERS announces a more favorable condition.

5.12. Result of voluntary exchange

When a voluntary exchange is approved, TERS may:

  • Exchange for the same reference (subject to inventory).
  • Exchange for another reference.
  • Issue a credit balance/voucher, if that is the current commercial option informed to the consumer.

C. Money refunds (when yes and when no)

5.13. General rule

TERS does not offer money refunds for voluntary exchanges (size/preference/color/reference), unless a specific campaign expressly indicates otherwise.

5.14. Cases where money refund is applicable

A money refund is applicable when:

  • It applies as a remedy within the warranty, according to the case (section 5.7).
  • The right of withdrawal applies in distance sales, according to law (section 5.15).
  • There is non-delivery of the product or an essential breach attributable to the supplier.
  • Payment reversal applies in electronic purchases, meeting requirements and terms (section 5.17).

When a refund is due, TERS processes the reimbursement through the same payment method or the legally permitted mechanism, within the applicable terms.

D. Right of withdrawal (distance sales)

5.15. Term for withdrawal

In distance sales, the consumer may exercise the right of withdrawal within five (5) business days counted from product delivery, provided no legal exception applies.

5.16. How to exercise withdrawal

  • The consumer must express it within the legal term exclusively to the email atencionalclienteters@gmail.com.
  • The product must be returned by the same means and in reasonable condition.
  • Transportation and return costs are borne by the consumer, unless the law or a campaign establishes something more favorable.
  • If withdrawal is properly exercised, TERS reimburses the money within the applicable legal term.

E. Payment reversal (electronic payments)

5.17. When it applies

For payments made with a credit card, debit card, or other electronic payment instrument, the consumer may request a payment reversal when a legal cause arises, including, among others: fraud, unsolicited transaction, non-receipt of the product, or a different or defective product delivered.

5.18. Requirements and procedure

Reversal is processed according to the law. In general terms, the consumer must:

  • File a complaint or claim with TERS (sent to atencionalclienteters@gmail.com), within the legal terms.
  • Notify the issuer of the payment instrument (bank/platform) within the applicable legal term.
  • Return the product when applicable, keeping supporting documents and traceability.

TERS will handle the claim and provide the corresponding information within the process with the issuer.

5.19. Records and traceability

TERS maintains traceability of after-sales (filed documents, receipts, inspection reports, and communications). This protects both the consumer and the company, and allows each decision to have verifiable support.

6. Procedure and timelines (filing, review, and response)

6.1. Single official channel for filing requests

All requests for warranty, voluntary exchanges, withdrawal, money refunds when applicable, and payment reversal must be filed exclusively through the following official email address: atencionalclienteters@gmail.com

Important: Communications through other means (e.g., WhatsApp, social networks, or direct messages) may only serve for general guidance, but will not be considered a formal filing of the procedure nor will they activate deadlines, until the request is sent to the indicated email.

6.2. Filing and confirmation of receipt

Upon receipt of the request at the official email, TERS will assign a filing number (number or reference) and confirm receipt of the case to the applicant's email address.

6.3. Minimum required information (applies to all procedures)

To process the request, the consumer must include at least:

  • Full name and identification document.
  • Order number and/or reasonable proof of purchase (confirmation email, payment receipt, or invoice).
  • Clear description of the request (warranty/exchange/withdrawal/reversal) and the issue (defect, size, reason).
  • Basic evidence when possible (photos or video).

The absence of an invoice does not impede the process if the consumer provides sufficient information to identify the purchase.

6.4. Additional requirements according to the type of request

6.4.1. Warranty (quality or suitability)

In addition to the minimum requirements, the consumer must attach:

  • Photos or video of the issue.
  • Photo of the internal label and/or care and washing instructions when required by the case.

6.4.2. Voluntary exchange (size/preference/reference)

In addition to the minimum requirements, the consumer must confirm:

  • Purchase/delivery date.
  • That the garment is unused, unwashed, and undamaged; retains labels and internal instructions.
  • Channel through which it was purchased (web or physical store), given that the exchange is processed through the same channel.

    • 6.4.3. Right of withdrawal

    The consumer must indicate:

    • Delivery date and express declaration of withdrawal within the legal term.
    • Attach proof of purchase and coordinate product return according to the instructions TERS provides by email.

    6.4.4. Payment reversal

    The consumer must indicate:

    • Cause (fraud / unsolicited / non-receipt / different / defective).
    • Date on which the event was known or on which the product should have been received.
    • Attach available supporting documents and follow the legal procedure with the payment method issuer, in addition to the complaint with TERS.

    6.5. Product delivery or collection

    When physical inspection or return is necessary, TERS will inform by email:

    • Address/reception point or collection procedure.
    • Packaging and shipping conditions.
    • Information that must accompany the package (filing number and contact details).

    6.6. Technical review and decision (warranty)

    For warranties, TERS will conduct a reasonable technical evaluation and communicate a decision by email:

    • Proceeds: the applicable remedy is defined (repair, replacement, or refund when legally appropriate).
    • Does not proceed: reasons are explained (e.g., misuse or non-compliance with care/washing instructions) with available support.

    6.7. Response times

    • Filing confirmation: TERS will confirm receipt of the case and assign a filing number within two (2) business days following receipt of the email with minimum information.
    • Incomplete request: if essential information is missing, TERS will request it by email; the process will move forward when the consumer completes the requested information.
    • Warranty: when physical inspection is required, the evaluation period will be counted from the receipt of the product; TERS will endeavor to issue a decision within fifteen (15) business days, depending on the complexity of the case.
    • Right of withdrawal: exercised within the term and with the return received when applicable, TERS will process the refund within the applicable legal term.
    • Reversal: will be managed in accordance with legal terms and those of the payment method issuer.

    If the consumer files an untimely request (exchange or warranty), they must justify the reason by email. TERS will evaluate the case and respond regarding the acceptance or rejection of the untimely request within a maximum of eight (8) days from the complete filing.

    6.8. Communication and traceability criteria

    All communications regarding the process (filing, instructions, requirements, decision, and closure) will be made by email, leaving a record in the case file.

    6.9. Case closure and records

    Upon completion of the process, TERS will send by email, when applicable:

    • Proof of product receipt (if applicable).
    • Review result (if applicable).
    • Confirmation of repair/replacement or return (if applicable).
    • Refund or return supporting documents (if applicable).

    6.10. Incomplete request

    If the request does not include minimum information to identify the purchase or evaluate the case, TERS will request the necessary information by email. If the consumer does not respond, the case cannot proceed until the information is completed.