Terms and Conditions

 

 

These Terms and Conditions, together with our Privacy Policy and Cookie Policy, hereafter defined as T&C&P govern your access to and use of TAG-KLOI website, and any mobile device application or desktop application developed by us or on our behalf (together, the "Websites" and “Site” being a reference to any one of them) and the other services that we provide (the "Services").

Please read these Terms and Conditions carefully and make sure that you understand them before using the Services. Please note that by using the Services, you agree to be bound by these Terms and Conditions. If you do not accept these Terms and Conditions, you will not be able to use the Services and you should leave the Website immediately. If you continue to use the Website or if you order products, we will take this as your acceptance of these Terms and Conditions. In addition, by purchasing any items through TAG-KLOI, you are subject to the TAG-KLOI Partner's terms, conditions and policies.

 

• When we refer to "TAG-KLOI", "we", "us" or "our", we mean TAG-KLOI or, where relevant, its affiliates. Where we refer to "you" or "your" we mean you, the person using the Services
• We have used headings to help you understand these Terms and Conditions and to easily locate information. These Terms and Conditions are only available in the English language. We will not file copies of the contracts between us and you relating to our supply of the Services, or between you and the Partners relating to the sale of the products, so we recommend that you print or save a copy of these Terms and Conditions for your records (but please note that we may amend these Terms and Conditions from time to time so please check the Website regularly, and each time you use the Services to order products, to ensure you understand the legal terms which apply at that time).

 

• The services we offer allow you to search through the Website and purchase products from a large number of brands worldwide.

• When you place an order via the Website for a product, we will send you an order confirmation email listing each product you have requested to buy and an estimated delivery or collection date for those items. Our order confirmation email is not acceptance of your order by us.
• Once payment has been made for the products you have ordered, we will arrange for the products to be delivered to you. This email confirms that your order has been accepted by us and that a contract is formed.
• We will assign an order number to your order and tell you what it is when you place your order. It will help us if you can tell us the order number whenever you contact us about your order.
• We reserve the right not to accept your order. This may occur where we are unable to obtain authorisation for payment, shipping restrictions apply to a particular item, or the item ordered is out of stock or does not satisfy our quality control standards and is withdrawn.
• As part of the Services, we also provide some other services such as arranging delivery of the products, and providing you with customer service assistance. However, the contract for the purchase of the products is between you and the relevant Partner. This means that it is the Partner (not us) who is legally responsible for selling the products to you. Please note that the delivery logistics service is being provided by us to you, and as such, you are entering into a contract for delivery services provided by us to deliver products on behalf of Partners. We may make a charge for these services which will be shown at checkout and prior to your purchase of the products. Your contract with us is concluded once the products have been delivered to you by the courier or have been collected by you from a Partner.

 

• Product information consists of the product type, quantity, model, colour, quality, sales price, payment method and information at the time the order is finalized.
• The basic features (type, quantity, brand/model, colour, quality) of the product/s are available on the website  www.tagkloi.com
• The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours and patterns accurately, we cannot guarantee that a device's display of the colours or patterns accurately reflects the colour or pattern of the product. Your product may vary slightly from those images.

 

• The contract for the purchase of the products is between you and the relevant Partner. We are acting as intermediary and are authorized by the relevant Partner to conclude the contract with you on its behalf but we are not a party to that contract and you are not purchasing the products directly from us. When you purchase products using the Website we will receive payment from you or use refund available in your TAG-KLOI account, and we will transfer the relevant amounts to the Partner once the products have been provided to you.
• If you are unhappy with the product or service you have received from a Partner, you should contact us and we will liaise with the relevant Partner to try and resolve the issue.

 

• All orders are subject to acceptance and availability, and Items in your shopping basket are not reserved and may be purchased by other customers.
• We may change the products and prices offered on the website due to, but not limited to changes in market conditions, discontinuation of product sales, product unavailability, manufacturer’s change of prices or inaccuracies in its advertisements.
• If you have registered your email address for notification of the arrival of a specific product featured on our Website, we will attempt to notify you by email within 48 hours of the product becoming available on the Website. Please note that on occasion certain products that are in particularly high demand will sell out during this period.
• We are responsible for delivering the product subject to the contract intact, complete and in accordance with the qualification specified in the order.
• If the TAG-KLOI cannot deliver the product subject to the Terms within the timeline due to force majeure or extraordinary circumstances such as adverse weather conditions that prevent transportation or interruption of transportation, TAG-KLOI is obliged to notify you within 3 days. In this
• case, you may exercise one of the rights to cancel the order, replace the product with a comparable product, if any, and/or postpone the delivery period until the hindering situation disappears. If the you cancel the order, the amount paid will be placed to bank account within 14 days.
• During the delivery of the product from the carrier, you must inspect the product. If there is a visible defect in the product, the product should not be received and should be sent to the Seller.

 

• Prices shown on the Site are in US Dollars and are exclusive of taxes.
• From time to time, prices are subject to change in response to currency exchange rate changes, markdowns and other commercial factors. The price applicable to your order will be the price current at the time your order is accepted.
• If you are a customer whose credit/debit card is not denominated in US Dollars, the final price will be calculated in accordance with the applicable exchange rate on the day your card issuer processes the transaction.
• Regardless of your shopping destination and the currency you shop in, your purchase may be processed by one of our regional affiliate companies in which case your bank may charge you an international transaction fee. TAG-KLOI is not responsible for any such fee or charge.  
• Any taxes arising from the sale of products, including VAT, belong to you.  

 

• Prices shown on the Site are in US Dollars and are exclusive of taxes.
• From time to time, prices are subject to change in response to currency exchange rate changes, markdowns and other commercial factors. The price applicable to your order will be the price current at the time your order is accepted.
• If you are a customer whose credit/debit card is not denominated in US Dollars, the final price will be calculated in accordance with the applicable exchange rate on the day your card issuer processes the transaction.
• Regardless of your shopping destination and the currency you shop in, your purchase may be processed by one of our regional affiliate companies in which case your bank may charge you an international transaction fee. TAG-KLOI is not responsible for any such fee or charge.  

 

• Once you have made your choice and your order has been placed, you will receive an email acknowledging the details of your order. This email is NOT an acceptance of your order, just a confirmation that we have received it.
• Unless you cancel your order, acceptance of your order will be completed upon completion of the packing of your order. Completion of the contract between you and TAG-KLOI will be completed when we dispatch the goods to you at which time you will receive a second email containing you tracking number, and confirming that your order has been dispatched. Neither our third party payment processor nor our nominated courier has the authority to accept an order on behalf of TAG-KLOI.
• We reserve the right not to accept your order in the event, for example, that we are unable to obtain authorization for payment, that shipping restrictions apply to a particular item, that the item ordered is out of stock or does not satisfy our quality control standards and is withdrawn, or that you do not meet the eligibility criteria set-out within the Term & Conditions.
• Furthermore, we may refuse to process a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of our withdrawing any merchandise from the Site whether or not that merchandise has been sold, removing, screening or editing any materials or content on the Website, refusing to process a transaction or unwinding or suspending any transaction after processing has begun.
• Whilst every effort is made to make sure details on our website are accurate, we may from time to time discover an error in the pricing of products. If we discover an error in the pricing of a product in your order, we will let you know as soon as possible. We shall be under no obligation to accept or fulfil an order for a product that was advertised at an incorrect price and reserve the right to cancel such an order that has been accepted or is in transit. If you order a product that is priced incorrectly for any reason, we will email or telephone you to inform you that we have not accepted your order and/or that the relevant part of your order has been cancelled. If you have already paid for the goods, we shall refund the full amount as soon as we are able. In the event that products are recalled in transit, we will process your refund once the products have been returned to us

 

• Payment can be made by Visa, MasterCard and American Express, and any other methods which may be clearly advertised on the Site from time to time. Once this transaction is complete, you will then return to tag-kloi.com. Payment will be debited and cleared from your account upon dispatch of your order by TAG-KLOI. You confirm that the credit/debit card that is being used is yours or that you have been specifically authorised by the owner of the credit/debit card to use it. All credit/debit card holders are subject to validation checks and authorization by the card issuer. If the issuer of your payment card refuses to authorize payment to TAG-KLOI, we will not be liable for any delay or non-delivery.
• We take reasonable care to make our Site secure. All credit/debit card transactions on this site are processed using a secure online payment gateway that encrypts your card details in a secure host environment. If you are a registered TAG-KLOI user, we will securely store your credit/debit card details on our systems. These details will be fully encrypted and only used to process card transactions which you have initiated.
• We take reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorized access to any data you provide when accessing or ordering from the Site.

 

• TAG-KLOI insures each purchase during the time it is in transit until it is delivered to your specified delivery address. We require a signature for any goods delivered, at which point responsibility for your purchased goods passes to you. If you have specified a recipient who is not you for delivery purposes (for example as a gift) then you accept that evidence of a signature by them (or at that delivery address) is evidence of delivery and fulfilment by TAG-KLOI, and transfer of responsibility in the same way. The goods are your responsibility from the time we deliver them to the address you gave us.
• The signature can be waived for domestic orders. When placing an order, the signature requirement is set by default; however, you can update your preference on the shipping page before proceeding to purchase. Please note, that if no signature is collected, you agree to our terms and conditions and, confirm that TAG-KLOI can leave your package(s) outside the premises at the shipping address provided by you without obtaining a signature for proof of delivery. You authorise TAG-KLOI to leave the package(s) at the shipping address without obtaining a signature and release and indemnify TAG-KLOI from liability for any loss or damage that may result from leaving the package(s) at your shipping address without obtaining a signature.
• Please note that we aim to dispatch all orders within 24 hours, or 48 hours during sale periods. Delivery times appearing on the Website are estimates and are to be used as a guide only and commence from the date of dispatch. In any event, we will deliver the goods to you within 30 days of the day on which we accept your order. TAG-KLOI is not responsible for any delays caused by destination customs clearance processes.
• If delivery is delayed by any event outside of our control, we will contact you as soon as possible to let you know and we will take steps to minimize the effect of the delay. Provided we do this, we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to cancel your order and we will give you a refund for any goods you have paid for but not received.

 

You may cancel an order at any time before your order is delivered and up to 14 days afterwards, beginning on the day after your order is delivered to you. You must also return the Products to us within 14 days after the day of notifying us of the cancellation, in the same condition in which you receive them (which does not interfere with your right to take any reasonable steps to examine the Products and make sure they conform to your order). You are responsible for the costs to return to us Products that are indicated as Final Sale. You will not have such right to cancel an order for the supply of any Products which are exempted by law from the right of withdrawal, including, but not limited to Products such as: Customized or personalized Products, Swimwear or lingerie with the protective or hygienic strip removed unless such Products were faulty when delivered to you. You may notify us of such cancellation by using our cancellation form available at “Cancelation Request” or contacting us at [email protected] .

 

• If you would like to return an eligible Product, please use the applicable return label as provided by TAG-KLOI. To request a return shipping label:

• If you have a TAG-KLOI account, sign in and locate the item/order under "ORDER HISTORY". Click "REQUEST RETURN" next to the Product(s) you wish to return, and follow any instructions. A pop-up page will appear with the prepaid shipping label, instructions, and international commercial invoices (where applicable)
• If you checked out as a guest, you can request a return online at ”Cancelation Request” or by contacting [email protected] .
• You will also receive a "Return Requested" email confirmation with a copy of the label, instructions, and international commercial invoices (where applicable) attached. Simply affix the return label to the outside of the box. International orders must include 3 copies of the commercial invoices of the Products being returned. This is to prevent any delays with clearing international customs. Without prejudice to your rights under applicable law, please note that our free return shipping does not apply to items returned to us from countries other than the country to where they were originally shipped, or to returns that do not use the appropriate return shipping label that we provide. Please note that TAG-KLOI may not accept liability for any Products or other goods returned to us outside our own return labels. Refunds are generally processed within 7-10 business days from when the returned item is received at our warehouse, subject to any shorter refund period which is mandated by applicable law.

• At the discretion of TAG-KLOI, any Product returned outside of the deadline for returns may be rejected or only accepted for site credit.

 

• While TAG-KLOI will use reasonable endeavours to verify the accuracy of any information it places on the Website, it makes no warranties, whether express or implied in relation to its accuracy. This Website is provided on an "as is" and "as available" basis without any representation or endorsement made and we make no warranties of any kind, whether express or implied, in relation to this Website, or any transaction that may be conducted on or through this Website including but not limited to, implied warranties of non-infringement, compatibility, security, accuracy, conditions of completeness, or any implied warranty arising from course of dealing or usage or trade.
• We make no warranty that this Website will meet your requirements or will be uninterrupted, timely, secure or error-free, that defects will be corrected, or that this Website or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the materials. We will not be responsible or liable to you for any loss of Content or material uploaded or transmitted through this Website.
• To the fullest extent permissible under applicable law, we disclaim any and all warranties of any kind, whether express or implied, in relation to the products available through this Website including but not limited to, implied warranties of satisfactory quality and fitness for a particular purpose. Nothing in these T&C&P shall limit your rights as a consumer under the laws of the State of New York.
• You acknowledge that we cannot guarantee and therefore shall not be in any way responsible for the security or privacy of this Website and any information provided to or taken from this Website by you.
• You agree that, except for death and personal injury arising from our negligence, We will not be liable in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent misrepresentations) or otherwise out of or in connection with this contract, for any economic losses (including without limitation, loss of revenues, profits, contracts, business or anticipated savings), any loss of goodwill or reputation, or any special or indirect or consequential losses in any case whether or not such losses were incurred by that party arising out of or in connection with the provisions of any matter under the T&C&P.

 

At our request, you agree fully to defend, indemnify and hold harmless TAG-KLOI immediately on demand, its officers, directors, partners, and suppliers, from and against all liabilities, claims, expenses, damages and losses, including legal fees, arising from any breach of the TOS by you or any other liabilities arising out of your use of this Website, or the use by any other persons accessing this Website using your Internet account. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you hereunder. This defense and indemnification obligation will survive these T&C&P and your use of the Website and the Services.

 

• All disputes arising out of or in connection with this Agreement, shall be finally settled under the Rules of Arbitration of the International Chamber of Commerce, (ICC Arbitration Rules, in force as of 1 January 2021) by 3 arbitrators appointed in accordance with said Rules. The Expedited Procedure Provisions, added to the Rules as Appendix VI, shall not apply.
• The place of the arbitration shall be Geneva/Switzerland and the language of the proceedings shall be English. Swiss law shall apply as a substantial law to the exclusion of its conflict of law rules. 
• This Clause to consent for arbitration under ICC Arbitration Rules is governed under Article 2 of New York Convention and fully separable from the Agreement if and in case one of the Parties raise any objection for the validity, unenforceability of the arbitration clause.

 

We only use your personal information in accordance with our Privacy Policy. Please read it carefully, as it includes important information about how we collect and use your data. By using the Website, you consent to the use of your data as described in our Privacy Policy and you warrant that all data provided by you is accurate.

 

• All copyright, designs, trademarks and all other intellectual property visible through the Services, including TAG-KLOI Software and all HTML and other code contained on our Website and App, is the sole property of TAG-KLOI or their respective owners. You are permitted to use the content on the Services only as expressly authorized by TAG-KLOI and/or its third party licensors. Any reproduction or redistribution of the above listed Content without permission is prohibited and may result in civil and criminal penalties, where "Content" is defined as data files, graphics, text, photographs, drawings, logos, images, sounds, music, video or audio files on the Website.
• You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any Content, software, products, or services contained within the Services. You may not use the Services, or any of its Content, to further any commercial purpose, including any advertising or advertising revenue generation activity on your own site(s).

 

• These Terms and Conditions constitute the entire agreement and understanding between us and you concerning the subject matter hereof. These Terms and Conditions may not be altered, supplemented, or amended orally or by the use of any other documents. No failure or delay on the part of TAG-KLOI in exercising any right, power, or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise or waiver of any such right, power or remedy preclude any other or further exercise thereof or the exercise of any other right, power or remedy.
• The headings in these Terms and Conditions are for convenience only, and shall not limit or otherwise affect the meaning or interpretation hereof. The laws of the State of New York, without regard to the conflicts of laws principles thereof, shall govern the interpretation and enforcement of these Terms and Conditions, and will apply to all matters relating to the use of our Services and the purchase of Products. Each of us and you agree and hereby irrevocably submit to the exclusive personal jurisdiction and venue of the State and Federal Courts of New York located in Manhattan, New York, New York with respect to such matters.
• Notwithstanding the foregoing, we are entitled to seek any relief from any court of competent jurisdiction in connection with any controversy, dispute, or claim arising out of or relating to these Terms and Conditions (or any breach or threatened thereof). You shall indemnify us and hold us harmless for any costs, losses, damages, or claims arising in connection with your breach or threatened breach of these Terms and Conditions.
• To the fullest extent of the law, you agree that any claim of cause of action arising from or relating to the Services, Products, or these Terms and Conditions must be filed within one (1) year after such claim or cause of action arose, or be forever barred. If any provision of this agreement is ruled by a court to be invalid or unenforceable, it shall not affect the validity or enforceability of any other provision or part provision of these Terms and Conditions. If you have any questions or concerns regarding these Terms and Conditions, please contact [email protected] or by calling our Call Centre  team at  +90 532 231 32 52 . Please note that communications with Call Centre may be recorded or monitored.