TERMS OF SERVICE


Terms and Conditions – Sales

1 DEFINITIONS
In this document the following words shall have the following meanings:
1.1 “Customer” means any person who purchases Goods and Services from the Supplier;
1.2 “Goods” means the articles specified in the Proposal;
1.3 “Proposal” means a statement of work, quotation or other similar document describing the Goods and Services to be provided by the Supplier;
1.4 “Services” means the services specified in the Proposal;
1.5 “Supplier” means V.O.F. Tamago, Spiegelgracht 13W, 1017JP Amsterdam, The Netherlands;
1.6 “Terms and Conditions” means the terms and conditions of supply set out in this document and any special terms and conditions agreed in writing by the Supplier.
1.7 “Contract” means the agreement regarding the supplied Goods or Services.

2 GENERAL
2.1 (English) The reader of these Terms and Conditions accepts it being written in English and declares to fully understand the contents of it. / (Dutch) De lezer van deze Terms and Conditions accepteert dat het in Engels geschreven is en verklaart de inhoud volledig te begrijpen.
2.2 These Terms and Conditions shall apply to all contracts for the supply of Goods and Services by the Supplier to the Customer and shall prevail over any other documentation or communication from the Customer with the exception of the Terms and Conditions – Consignment.
2.3 Any variation to these Terms and Conditions shall be inapplicable unless agreed in writing by the Supplier.
2.4 Nothing in these Terms and Conditions shall prejudice any condition or warranty, express or implied, or any legal remedy to which the Supplier may be entitled in relation to the Goods and Services, by virtue of any statute, law or regulation.
2.5 Nothing in these Terms and Conditions shall affect the Customer’s statutory rights as a Consumer.

3 THE ORDER
3.1 The Proposal attached to these Terms and Conditions shall remain valid for a period of 14 days.
3.2 The Customer shall be deemed to have the Proposal by placing an order with the Supplier (“the Order”) within the period specified in Clause 3.1.
3.3 All Orders for Goods and Services shall be deemed to be acceptance of the Proposal pursuant to these Terms and Conditions.

4 PRICE AND PAYMENT
4.1 The price for the Goods and Services is as in the Proposal and is inclusive of BTW and any applicable charges outlined in the Proposal.
4.2 Payment of the price shall be in the manner specified in the Proposal.
4.3 If the Customer fails to make any within 14 days of it becoming due, the Supplier shall be entitled to charge interest at the rate of 10% per month on the outstanding amounts.

5 DELIVERY
5.1 The date of delivery specified by the Supplier is an estimate only. Time for delivery shall not be of the essence of the contract and the shall not be liable for any loss, costs, damages, charges or expenses caused directly or indirectly by any delay in the delivery of the Goods.
5.2 All risk in the Goods shall pass to the Customer upon delivery.

6 TITLE
Title in the Goods shall not pass to the Customer until the Supplier has been paid in full for the Goods.

7 CUSTOMER’S OBLIGATIONS
To enable the Supplier to perform its obligations the Customer shall:
7.1 co-operate with the Supplier;
7.2 provide the Supplier with any information reasonably required by the Supplier;
7.3 obtain all necessary permissions, licenses and consents which may be required before the commencement of the services, the cost of which shall be the sole responsibility of the Customer;
and
7.4 comply with such other requirements as may be set out in the Proposal, Contract or otherwise agreed between the parties.

8 SUPPLIER’S OBLIGATIONS
8.1 The Supplier warrants that the Goods will at the time of delivery correspond to the description given, in writing, by the Supplier.
8.2 The Supplier shall perform the Services with reasonable skill and care and to a reasonable standard in accordance with recognised standards and codes of practice.
8.3 The Supplier provides no guarantee(s) nor warranties in relation to the Services carried out or Goods delivered.

9 CANCELLATIONS AND REFUNDS
Were the Goods not to comply with any of the contract, the Customer must notify the Supplier within 14 days of delivery and the Customer shall be entitled to replacement Goods or a full refund, upon return of the supplied goods in the same state and packaging as supplied, including all attachments, any security seal intact, the assessment of this state being at the sole discretion of the Supplier.

10 LIMITATION OF LIABILITY
10.1 The Supplier shall not be liable for any direct loss or damage suffered by the Customer howsoever caused, as a result of any negligence, breach of contract or otherwise in excess of the price for the Goods and Services.
10.2 The Supplier shall not be liable under any circumstances to the Customer or any third party for any indirect or consequential loss of profit, consequential or other economic loss suffered by the Customer howsoever caused, as a result of any negligence, breach of contract, misrepresentation or otherwise.
10.3 For the avoidance of doubt, time shall not be of the essence and the Supplier shall incur no liability to the Customer in respect of any failure to complete the Services by any agreed completion date.

11 FORCE MAJEURE
The Supplier shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the party shall be entitled to a reasonable extension of its obligations.

12 SEVERANCE
If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid, illegal or unenforceable provision eliminated.

13 GOVERNING LAW
These Terms and Conditions shall be governed by and construed in accordance with the law of The Netherlands and the parties hereby submit to the exclusive jurisdiction of the Dutch courts.

The contents of the “General Terms and Conditions” were last changed on Okt 8th 2016

Terms and Conditions – Consignment

1 DEFINITIONS
In this document the following words shall have the following meanings:
1.1 “Client” means any person who purchases Goods and Services from the Supplier in any form;
1.2 “Goods” means the articles specified in the Proposal;
1.3 “Proposal” means a statement of work, quotation or other similar document describing the Goods and Services to be provided by the Supplier;
1.4 “Services” means the services specified in the Proposal;
1.5 “Tamago” means V.O.F. Tamago of Spiegelgracht 13W, 1017JP Amsterdam, The Netherlands;
1.6 “Terms and Conditions” means the terms and conditions of supply set out in this document and any special terms and conditions agreed in writing by the Supplier;
1.7 “Contract” means the agreement regarding the supplied Goods or Services.

2 GENERAL
2.1 (English) The reader of these Terms and Conditions accepts it being written in English and declares to fully understand the contents of it. / (Dutch) De lezer van deze Terms and Conditions accepteert dat het in Engels geschreven is en verklaart de inhoud volledig te begrijpen.
2.2 These Terms and Conditions shall apply to all contracts for the supply of Goods and Services by the Supplier to the Customer and shall prevail over any other documentation or communication from the Customer.
2.3 Any variation to these Terms and Conditions shall be inapplicable unless agreed in writing by the Supplier.
2.4 Nothing in these Terms and Conditions shall prejudice any condition or warranty, express or implied, or any legal remedy to which the Supplier may be entitled in relation to the Goods and Services, by virtue of any statute, law or regulation.
2.5 Nothing in these Terms and Conditions shall affect the Customer’s statutory rights as a Consumer.

3 INTAKE
3.1 Assessment
Items will be subject to an assessment by Tamago-staff to determine whether in acceptable condition and if suitable for Tamago’s philosophy and demand of Tamago’s client base.
3.2 Condition of Acceptance
Consignment items are accepted when in new or like-new condition only. Unclean pieces and pieces that are irrelevant to the season are not accepted. Only authentic items are eligible for consignment. Any alterations made to the garment must be disclosed during intake.
3.3 Refusal of Intake
Tamago reserves the right to refuse any item at intake or during the consignment period.
3.4 Additional Costs
Any costs made to a piece for the purpose of attaining an ‘acceptable condition’ can be deducted from the proceeds made from the consignment or can be charged to the client directly.
3.5 Price
Intake price suggestions (potentially claimable proceeds) for accepted items will be provided after assessment. Client must respond on price suggestions within 5 days. Once client agrees on the suggested prices, items will go on sale.
3.6 Adjustment
Tamagoreserves the right to adjust the price of the consigned goods during consignment as it sees fit as long as it will remain upwards of the initial agreement. The proceeds will be adjusted accordingly.

4 MERCHANDISE
4.1 Ownership
Client declares to be the only lawful owner of all merchandise put up for consignment or to be acting on behalf of the lawful owner / owners of the items who has / have given client the authority to do so.
4.2 Authenticity of Merchandise
By submitting the items for consignment, client declares that said items are genuine or authentic and in no way counterfeit or illegal replicas.
4.3 Infringement of Intellectual Property
By submitting the items for consignment, client declares that said items are not infringing on any intellectual property.
4.4 Responsibility of Indemnification
Client declares to take full responsibility for indemnification in any form regarding the consigned items.

5 CONSIGNMENT PERIOD
Pieces will be sold in an area or platform designated by Tamago. The consignment period will span over 90 days directly after intake. Tamago retains the right to sell accepted items for the duration of the consignment period. 60 days after intake the pieces will be subject to a 30% discount. Client can opt not to take part in the discount period, in written.

6 INFORMATION
Client may request information on sales and other progress of the consignment, freely during the consignment period. All provided information is indicative. No rights can be derived from ‘status updates’.

7 PROCEEDS
7.1 Entitlement
Client is entitled to 50% of the net proceeds of sold items after the consignment period or 10 days after the sale of an item, whichever comes last. Unless agreed upon otherwise, in written.
7.2 Payment Request
Client may request payment of sold items during the consignment period. Tamago reserves the right to refuse payment before the end of the consignment period or 10 days after the sale of an item, whichever comes last.
7.3 Expiration of Entitlement
Proceeds must be claimed within 1 year from the intake date. After this period credits on the consignment are transferred to Tamago and client entitlement to the relevant proceeds will end.

8 RETURN OF CONSIGNED PIECES
8.1 Return Request
Client may request return of unsold items during the consignment period. Tamago reserves the right to refuse returns before the end of the consignment period.
8.2 Notification of Pick Up
If items need to be returned during the consignment period, Tamago will notify client of the ‘Pick Up’-request. Client may pick up regarding items within 10 days after first notification. Any regarding items left at Tamago after this period will become the sole property of Tamago, unless agreed upon otherwise in written.
8.3 Expiration
Client may pick up unsold items within 10 days following the consignment period. Any unsold items left at Tamago after this period will become the sole property of Tamago, unless agreed upon otherwise in written.

9 CONSIGNOR RESPONSIBILITY
9.1 Client information
Client takes full responsibility for the correctness and accuracy of the provided personal information. Tamago holds no liability for loss of profits or goods due to incorrect information.
9.2 Consignment Period and Expiration Dates
Client is solely responsible for the knowledge of the consignment period and the expiration dates of the items as well as the expiration dates of the payments.

10 PRIVACY
Tamago is committed to protecting your privacy. Authorized employees within the company on a need to know basis only use any information collected from individual clients. Tamago will not sell client data to third parties.

11 LIABILITY
11.1 Accountability
All items are left at the clients’ accountability. Tamago is not liable for damage in the form of – but not exclusively – theft, loss, damage by fire or water, damage by negligent handling or damage in any other form.
11.2 Force Majeure
Tamago is not liable to client for any failure to perform any obligation under any Agreement which is due to an event beyond the control of Tamago including but not limited to any Act of God, terrorism, war, Political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man made eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen.

12 AGREEMENT
12.1 Submission and Future Consignment
By submitting items for consignment, client agrees to Tamago’s ‘Terms and Conditions’. These ‘Terms and Conditions’ apply to all future consignments. By agreeing to the ‘Terms and Conditions’ once, clients agrees to the ‘Terms and Conditions’ for all future consignments.
12.2 Understanding
Client declares to fully understand Tamago’s ‘Terms and Conditions’, general consignment policy and the implications of consigning with Tamago.
12.3 Waiver
The failure by either party to enforce at any time or for any period any one or more of the Terms and Conditions herein shall not be a waiver of them or of the right at any time subsequently to enforce all Terms and Conditions of this Agreement.
12.4 Severability
If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid, illegal or unenforceable provision eliminated.
12.5 Governing Law and Jurisdiction
This Agreement shall be governed by and construed in accordance with the laws of The Netherlands and the parties hereby submit to the exclusive jurisdiction of the Dutch courts.

The contents of the “Terms and Conditions – Consignment” were last changed on November 20th 2013

Disclaimer for Tamago

If you require any more information or have any questions about our site’s disclaimer, please feel free to contact us by email at [email protected]

Disclaimers for tamago.co:

All the information on this website is published in good faith and for general information purpose only. tamago.co does not make any warranties about the completeness, reliability and accuracy of this information. Any action you take upon the information you find on this website (tamago.co), is strictly at your own risk. tamago.co will not be liable for any losses and/or damages in connection with the use of our website.

From our website, you can visit other websites by following hyperlinks to such external sites. While we strive to provide only quality links to useful and ethical websites, we have no control over the content and nature of these sites. These links to other websites do not imply a recommendation for all the content found on these sites. Site owners and content may change without notice and may occur before we have the opportunity to remove a link which may have gone ‘bad’.

Please be also aware that when you leave our website, other sites may have different privacy policies and terms which are beyond our control. Please be sure to check the Privacy Policies of these sites as well as their “Terms of Service” before engaging in any business or uploading any information.

Consent

By using our website, you hereby consent to our disclaimer and agree to its terms.

Update

This site disclaimer was last updated on: Friday, July 22nd, 2016
· Should we update, amend or make any changes to this document, those changes will be prominently posted here.


Privacy Policy

This Privacy Policy governs the manner in which Tamago collects, uses, maintains and discloses information collected from users (each, a “User”) of the tamago.co website (“Site”). This privacy policy applies to the Site and all products and services offered by Tamago.

Personal identification information

We may collect personal identification information from Users in a variety of ways, including, but not limited to, when Users visit our site, register on the site, place an order, subscribe to the newsletter, respond to a survey, fill out a form, and in connection with other activities, services, features or resources we make available on our Site. Users may be asked for, as appropriate, name, email address, mailing address, phone number, credit card information. Users may, however, visit our Site anonymously. We will collect personal identification information from Users only if they voluntarily submit such information to us. Users can always refuse to supply personally identification information, except that it may prevent them from engaging in certain Site related activities.

Non-personal identification information

We may collect non-personal identification information about Users whenever they interact with our Site. Non-personal identification information may include the browser name, the type of computer and technical information about Users means of connection to our Site, such as the operating system and the Internet service providers utilized and other similar information.

Web browser cookies

Our Site may use “cookies” to enhance User experience. User’s web browser places cookies on their hard drive for record-keeping purposes and sometimes to track information about them. User may choose to set their web browser to refuse cookies, or to alert you when cookies are being sent. If they do so, note that some parts of the Site may not function properly.

How we use collected information

Tamago may collect and use Users personal information for the following purposes:

– To improve customer service
Information you provide helps us respond to your customer service requests and support needs more efficiently.
– To personalize user experience
We may use information in the aggregate to understand how our Users as a group use the services and resources provided on our Site.
– To improve our Site
We may use feedback you provide to improve our products and services.
– To process payments
We may use the information Users provide about themselves when placing an order only to provide service to that order. We do not share this information with outside parties except to the extent necessary to provide the service.
– To run a promotion, contest, survey or other Site feature
To send Users information they agreed to receive about topics we think will be of interest to them.
– To send periodic emails
We may use the email address to send User information and updates pertaining to their order. It may also be used to respond to their inquiries, questions, and/or other requests. If User decides to opt-in to our mailing list, they will receive emails that may include company news, updates, related product or service information, etc. If at any time the User would like to unsubscribe from receiving future emails, we include detailed unsubscribe instructions at the bottom of each email or User may contact us via our Site.

How we protect your information

We adopt appropriate data collection, storage and processing practices and security measures to protect against unauthorized access, alteration, disclosure or destruction of your personal information, username, password, transaction information and data stored on our Site.

Sensitive and private data exchange between the Site and its Users happens over a SSL secured communication channel and is encrypted and protected with digital signatures.

Sharing your personal information

We do not sell, trade, or rent Users personal identification information to others. We may share generic aggregated demographic information not linked to any personal identification information regarding visitors and users with our business partners, trusted affiliates and advertisers for the purposes outlined above.We may use third party service providers to help us operate our business and the Site or administer activities on our behalf, such as sending out newsletters or surveys. We may share your information with these third parties for those limited purposes provided that you have given us your permission.

Third party websites

Users may find advertising or other content on our Site that link to the sites and services of our partners, suppliers, advertisers, sponsors, licensors and other third parties. We do not control the content or links that appear on these sites and are not responsible for the practices employed by websites linked to or from our Site. In addition, these sites or services, including their content and links, may be constantly changing. These sites and services may have their own privacy policies and customer service policies. Browsing and interaction on any other website, including websites which have a link to our Site, is subject to that website’s own terms and policies.

Advertising

Ads appearing on our site may be delivered to Users by advertising partners, who may set cookies. These cookies allow the ad server to recognize your computer each time they send you an online advertisement to compile non personal identification information about you or others who use your computer. This information allows ad networks to, among other things, deliver targeted advertisements that they believe will be of most interest to you. This privacy policy does not cover the use of cookies by any advertisers.

Changes to this privacy policy

Tamago has the discretion to update this privacy policy at any time. When we do, we will revise the updated date at the bottom of this page. We encourage Users to frequently check this page for any changes to stay informed about how we are helping to protect the personal information we collect. You acknowledge and agree that it is your responsibility to review this privacy policy periodically and become aware of modifications.

Your acceptance of these terms

By using this Site, you signify your acceptance of this policy. If you do not agree to this policy, please do not use our Site. Your continued use of the Site following the posting of changes to this policy will be deemed your acceptance of those changes.

Contacting us

If you have any questions about this Privacy Policy, the practices of this site, or your dealings with this site, please contact us at:

Tamago
Spiegelgracht 13W
1017JP Amsterdam
The Netherlands
+31 (0) 20 626 60 54
[email protected]
www.tamago.co

This document was last updated on August 12, 2013