Terms & Conditions

1. Definitions

• Service — any consulting service offered by Esmeralda, including the Shopfront Read, Retail Companion, and Commerce Study
• User / Client — any individual or business that uses this website or engages our services
• We / Us / Our — Esmeralda, operating from Carrera 53 #76-115, Barranquilla, Colombia
• Agreement — these Terms and Conditions and any written service agreement between Esmeralda and the Client
• Deliverable — any written summary, checklist, roadmap, or session notes produced during a service engagement

2. Acceptance of Terms

By submitting a contact form on our website, engaging a service, or making a payment, you confirm that:

• You are at least 18 years of age or the legal age of majority in Colombia
• You have the authority to enter into this agreement on behalf of yourself or your business
• You have read and agree to these Terms and Conditions

3. Service Description

Esmeralda provides retail business consulting services to independent shop owners. Our current service offerings are:

• Shopfront Read — a one-time review engagement including a written summary and follow-up call
• Retail Companion — a three-month advisory engagement with monthly sessions and shared checklist
• Commerce Study — a four-week assessment including data review, team session, and growth roadmap

Services are delivered primarily in Barranquilla and the surrounding Atlántico region, though remote engagements may be arranged. The scope of each service is defined at the time of engagement.

4. User Responsibilities

When using our website or services, you agree to:

• Provide accurate information when contacting us or during service engagements
• Make staff and relevant business information available as reasonably required for the service
• Not use our website for unlawful purposes or in a way that could harm Esmeralda or third parties
• Not reproduce or distribute our deliverables commercially without prior written permission

5. Intellectual Property

All content on this website — including text, design, and structure — is the property of Esmeralda and is protected under Colombian intellectual property law.

Deliverables produced during a service engagement (written summaries, checklists, roadmaps) are provided to you for internal business use only. You may share them with your own team members. You may not reproduce them for commercial purposes, publish them publicly, or present them as your own work.

Esmeralda retains the right to reference the nature of engagements (without disclosing confidential client data) for the purpose of describing its services.

6. Payment Terms

Service fees are quoted in Colombian pesos (COP) and are as published on our website or agreed in writing prior to engagement. Current published prices are:

• Shopfront Read: $120.000 COP (one-time)
• Retail Companion: $199.000 COP per month (three-month engagement)
• Commerce Study: $314.000 COP (four-week engagement)

Payment is required before commencement of each service or monthly period, as agreed. We accept bank transfer (transferencia bancaria) and other methods confirmed at the time of engagement.

Refunds are considered on a case-by-case basis if a service cannot be delivered due to circumstances on our side. Refund requests based on client cancellation after work has commenced are evaluated according to the proportion of work completed.

7. Service Delivery Terms

• We will deliver services within the agreed scope and timeframe set out at engagement
• Changes to scope requested by the client after engagement begins will be discussed and may result in adjusted pricing or timeline
• We commit to written deliverables within the timeframes specified per service type
• Client confidentiality is maintained throughout all engagements — no business-specific information will be shared outside Esmeralda without your written permission

8. Disclaimers

Our consulting services provide observations, analysis, and recommendations based on professional experience. We do not offer any assurance of specific commercial outcomes. The application of our recommendations and the results achieved are the responsibility of the client.

Our website is provided "as is" without warranties of any kind. We make reasonable efforts to keep content accurate and up to date but cannot confirm that all information is current at the time of reading.

9. Limitation of Liability

To the extent permitted by Colombian law, Esmeralda's liability for any claim arising from a service engagement is limited to the total fees paid by the client for the specific engagement in question.

We are not liable for indirect, consequential, or incidental losses arising from the use of our services or website, including but not limited to lost profits or business interruption.

10. Indemnification

You agree to indemnify Esmeralda against any claims, losses, or costs arising from your breach of these Terms, your misuse of our deliverables, or your provision of inaccurate information during an engagement.

11. Termination

Either party may terminate an ongoing engagement with written notice. For the Retail Companion, termination takes effect at the end of the current monthly period. For other services, termination terms are agreed at engagement.

Upon termination, all deliverables produced to date remain the property of the client for internal use. Sections 5, 8, 9, 10, and 13 of these Terms survive termination.

12. Force Majeure

Neither party will be held in breach for delays or failures caused by events outside their reasonable control, including natural disasters, public health emergencies, or infrastructure failures. The affected party will notify the other as soon as practicable.

13. Governing Law and Dispute Resolution

These Terms are governed by the laws of the Republic of Colombia. Any disputes will first be addressed through informal negotiation between the parties. If unresolved within thirty days, disputes may be referred to the appropriate Colombian civil courts in the city of Barranquilla.

Consumer rights under Colombian Ley 1480 de 2011 (Estatuto del Consumidor) are not affected by these Terms.

14. General Provisions

• Entire Agreement — these Terms, together with any written service agreement, constitute the full agreement between the parties
• Severability — if any provision is found unenforceable, the remainder of the Terms continues in effect
• Waiver — failure to enforce any provision is not a waiver of the right to do so in future
• Notices — formal notices should be sent in writing to the address or email below

15. Changes to These Terms

We may update these Terms from time to time. The updated version will be published at this address with a revised "Last Updated" date. For active clients, material changes will be communicated by email. Continued use of our services after a change constitutes acceptance.

16. Contact

For legal enquiries or questions about these Terms: