Terms of service

Tagragz.com – Terms and Conditions of Sale

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1.      About us and how to contact us

1.1.    These are the terms and conditions on which we supply goods to you when you purchase from our website www.tagragz.com (the Site).

1.2.    Who we are Kinect International Ltd, a company registered in England and Wales with company number  10729121 and registered office at 4 Darin Court, Crownhill, Milton Keynes, England, MK8 0AD (we, us, our).
We trade as Tagragz and tagragz.com.

1.3.    How to contact us
You can contact us by email at: sales@tagragz.com.

1.4.    How we may contact you
If we need to contact you, we will do so by email or using the contact details you provided with your order.

1.5.    Consumer only
These terms apply where you are purchasing as a consumer (i.e. for personal use, not for resale or business purposes). If you wish to buy as a business, please contact us – different terms may apply.

2.      Our contract with you

2.1.    Placing an order
You can place an order by following the checkout process on our Site. Please check your order carefully before submitting it.

2.2.    Acceptance of your order
Your order is accepted when we send you an Order Confirmation email, at which point a contract is formed between you and us.

2.3.    If we cannot accept your order
We may refuse or cancel an order, for example if:

2.3.1. the product is out of stock,

2.3.2. we cannot obtain authorisation for your payment,

2.3.3. there is a pricing or description error, or

2.3.4. we reasonably suspect fraudulent activity.

2.3.5. If we have already taken payment, we will refund you in full.

2.4.    Your responsibility for details

2.4.1. You are responsible for ensuring that:

2.4.2. your delivery address,

2.4.3. contact details, and

2.4.4. any personalisation details (e.g. names, numbers, text, colours)
are accurate and complete. We are not responsible for orders that are wrong due to incorrect details you provided.

3.      Our products

3.1.    Made-to-order / print-on-demand
Most of our products are printed to order, and may be bespoke or personalised to your specifications (for example, choice of design, text, name, number, or colour).

3.2.    Product images and colours
Images of products on our Site are for illustrative purposes only. While we try to display colours accurately, we cannot guarantee that your device will display colours exactly the same as the printed item.

3.3.    Minor changes to the products
We may make minor changes to products to reflect changes in laws or regulations, or to implement technical improvements. These changes will not materially affect the look or quality of the product.

4.      Personalisation and user content

4.1.    Your responsibility for personalised content
Where you ask us to apply any content (text, numbers, logos, images, artwork or other material):

·         You confirm that you own that content or have permission to use it.

·         You confirm that it does not infringe anyone else’s intellectual property rights (for example, trade marks or copyright).

·         You confirm that it is not offensive, discriminatory, defamatory, illegal or otherwise inappropriate.

4.2.    Right to refuse orders
We may refuse or cancel any order that we reasonably believe:

4.2.1. infringes the rights of a third party;

4.2.2. breaches applicable law; or

4.2.3. contains offensive or inappropriate content.

4.2.4. If we cancel for these reasons after payment, we will refund you (unless you have deliberately acted in bad faith, in which case we may deduct reasonable costs).

4.3.    Licence to use your content

You grant us a non-exclusive, royalty-free licence to use, reproduce and modify any content you provide for the purpose of fulfilling your order and operating our business (for example, creating the print, storing the artwork and dealing with quality issues).

5.      Price and payment

5.1.    Where to find the price
The price of the product (which includes VAT where applicable) will be the price indicated on our Site when you place your order.

5.2.    Delivery charges
Delivery charges will be shown separately before you confirm your order.

5.3.    Errors in pricing
If we discover an obvious pricing error after you place an order, we may cancel the order and refund you, or give you the option to proceed at the correct price.

5.4.    When you must pay
You must pay for the products in full at the time you place the order. We will not start production until payment has been received.

5.5.    Payment methods
We accept the payment methods shown at checkout (for example, major debit and credit cards, and any other payment services we support).

6.      Delivery

6.1.    Where we deliver
We deliver to the locations listed on our Site at checkout. If you order to an address we cannot deliver to, we will cancel and refund your order.

6.2.    Delivery timescale (7 working days SLA)
Our standard delivery time is up to 7 working days from the date you place your order.
“Working days” means Monday to Friday, excluding UK bank holidays.

6.3.    Dispatch and tracking
We will notify you by email when your order has been dispatched. Tracking information will be provided where available.

6.4.    Delays outside our control
We will do what we reasonably can to meet our 7-working-day delivery target. However, delays may occur due to events outside our control (for example courier delays, adverse weather, strikes or other disruption).

If this happens:

·         we will contact you as soon as reasonably possible; and

·         we will take steps to minimise the impact.

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 receive a refund for products you have paid for but not received.

6.5.    If you are not at home
If no one is available at your address to take delivery, the courier may leave a note or send a notification with information about redelivery or collection.

6.6.    When you become responsible for the goods
The product will be your responsibility from the time it is delivered to the address you gave us.

6.7.    When you own the goods
You own the product once we have received payment in full.

6.8.    International deliveries (if applicable)
If we deliver outside the UK, you are responsible for any import duties, taxes and customs charges that may apply in the destination country.

7.      Returns, refunds and your legal rights

7.1.    Bespoke / personalised goods – no change-of-mind returns

7.2.    Many of our products are made to your order and/or clearly personalised (for example, specific designs, names, numbers, colours and sizes).

7.3.    Under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, the usual 14-day “cooling-off” right to cancel distance contracts does not apply to contracts for the supply of goods made to the consumer’s specifications or clearly personalised.

7.4.    Because of this, we do not accept returns or cancellations if you change your mind, or if you ordered the wrong size, colour or design, once your order has gone into production.

7.5.    Please check your size, design, spelling and other details carefully before placing your order.

8.      Faulty, damaged or misdescribed goods – your statutory rights

8.1.    Your legal rights under the Consumer Rights Act 2015 are not affected by these terms. Goods supplied to you must be:

·         of satisfactory quality,

·         fit for purpose, and

·         as described.

8.2.    If a product is faulty, damaged or not as described, you may have a right to a repair, replacement or refund, including:

·         a full refund if you reject the goods within 30 days of receiving them (short-term right to reject);

·         a repair or replacement in many cases after that; and

·         in some circumstances, a partial refund if repair or replacement is not possible or fails.

8.3.    Nothing in these terms is intended to exclude or limit any of your statutory rights.

9.       How to report a problem

9.1.    If you believe your item is faulty, damaged or not as described, please contact us at sales@tagragz.com as soon as possible and in any event within a reasonable time.

9.2.    Please include:

·         your order number,

·         a description of the issue, and

·         clear photos of the defect, damage or incorrect print, and of any packaging if relevant.

9.3.    We may ask you to return the item to us or to our production partner for inspection. In that case, we will either:

·         provide a prepaid returns label, or

·         refund your reasonable return postage costs if the item is confirmed as faulty.

9.4.    Once we have confirmed the issue, we will offer you:

·         a replacement at no additional cost; or

·         a refund (including standard delivery charges you originally paid), in line with your legal rights.

10. Cancelling or changing your order

10.1.1.    Because we produce many items on demand, we may start production shortly after your order is placed.

10.1.2.    If you wish to cancel or change your order, please contact us immediately. If production has not yet started, we may be able to cancel or amend your order and issue a refund.

10.1.3.    Once production has started, we are usually unable to make changes or cancel the order, except where we are legally required to do so (for example, if the goods are faulty or misdescribed).

11.   Our responsibility for loss or damage

11.1.                      We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable.

11.2.                      We are not liable for:

·         loss of profits, sales, business or revenue;

·         business interruption;

·         loss of anticipated savings;

·         loss of business opportunity, goodwill or reputation; or

·         any indirect or consequential loss or damage.

Our Site and products are supplied for domestic and private use only. If you use products for any commercial or business purpose, we will have no liability to you for business losses.

11.3.                      We do not exclude or limit in any way our liability where it would be unlawful to do so. This includes liability for:

·         death or personal injury caused by our negligence;

·         fraud or fraudulent misrepresentation; and

·         any breach of your legal rights in relation to the products (such as your rights under the Consumer Rights Act 2015).

11.4.                      Subject to the above, our total liability to you in respect of any claim arising out of or in connection with a contract for sale will be limited to the total price paid by you for the products under that contract.

12. Intellectual property

12.1.                      All designs, logos, artwork and content on our Site (other than user-supplied content) are owned by us or our licensors and are protected by intellectual property laws. You must not copy, reproduce or use them without our permission.

12.2.                      You confirm that any content you provide for personalisation:

·         does not infringe any third party rights; and

·         you have all necessary permissions to use it for this purpose.

12.3.                      You will be responsible for any claims made against us by a third party arising from our use of content you provided, where we have used it in accordance with these terms.

13. Privacy and data protection

13.1.                      We will use your personal information in accordance with our Privacy Policy, which is available on our Site.

13.2.                      We will only use your personal information:

·         to process your order,

·         to manage your account, and

·         if you consent, to send you marketing communications (which you can opt out of at any time).

14. Events outside our control

14.1.                      We are not responsible for any failure to perform, or delay in performing, any of our obligations under these terms that is caused by an event outside our reasonable control (for example, strikes, lockouts, fire, flood, pandemic, extreme weather, or failure of telecommunications or transport networks).

14.2.                      If such an event occurs:

·         we will contact you as soon as reasonably possible; and

·         our obligations will be suspended for the duration of the event.

If the disruption continues for a significant period, you may contact us to cancel your order and receive a refund for products you have paid for but not received.

15. Changes to these terms

15.1.                      We may update these terms from time to time, for example to reflect changes in our business or changes in law.

15.2.                      The terms that apply to your order will be those in force on our Site at the time you place your order.

16. Other important terms

16.1.                      Transfer of rights
We may transfer our rights and obligations under these terms to another organisation. We will notify you if this happens. You may only transfer your rights or obligations under these terms to another person if we agree in writing.

16.2.                      No one else has rights under this contract
This contract is between you and us. No other person shall have any rights to enforce any of its terms.

16.3.                      If a court finds part of this contract illegal
If a court or relevant authority finds part of this contract illegal, the rest will continue in full force and effect.

16.4.                      Even if we delay in enforcing this contract, we can still enforce it later
If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you, that will not mean that you do not have to do those things and it will not prevent us from taking steps against you at a later date.

17. Governing law and jurisdiction

17.1.                      These terms are governed by the laws of England and Wales.

17.2.                      You can bring legal proceedings in respect of the products in the courts of England and Wales. If you live in Scotland or Northern Ireland, you may also bring proceedings in the courts of your home jurisdiction.