Terms of Use

Welcome to the Tucker and Tams website (the "Website"). By accessing or using our Website, you ("you" or "User") agree to be bound by these Terms of Use ("Terms"). Please read these Terms carefully before using our Website. If you do not agree to these Terms, you must not use our Website.

1. Acceptance of Terms

These Terms constitute a legally binding agreement between you and Tucker and Tams (referred to as "we," "us," or "our"). By accessing or using any part of the Website, you acknowledge that you have read, understood, and agree to be bound by these Terms.

2. Description of Services

Tucker and Tams provides an online platform where users can browse and purchase clothing and fashion items for humans and their dogs (the "Products"). We may also provide information, blog posts, and other content related to our Products and the pet fashion industry (the "Services").

3. User Accounts

3.1. Account Creation: You may choose to create an account to enhance your experience on our Website.

When creating an account, you agree to provide accurate, current, and complete information. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

3.2. Account Security: You must notify us immediately of any unauthorized access to or use of your account. We will not be liable for any loss or damage arising from your failure to comply with this provision.

3.3. Account Termination: We reserve the right to suspend or terminate your account at our sole discretion, without prior notice, for any reason, including but not limited to a breach of these Terms.

4. Orders and Payments

4.1. Product Information: We strive to provide accurate descriptions and images of our Products. However, we do not warrant that the descriptions, images, or other content on the Website are error-free, complete, reliable, current, or non-infringing. Colors may appear differently depending on your monitor.

4.2. Order Placement: By placing an order through our Website, you are offering to purchase the Products in your order subject to these Terms. All orders are subject to acceptance by us. We may refuse to accept your order for any reason, including but not limited to product unavailability, errors in pricing or product information, or suspicion of fraudulent activity.

4.3. Pricing and Payment: The prices displayed on our Website are in South African Rand (ZAR) and are subject to change without notice. You agree to pay the total amount specified at the time of your order, including applicable taxes and shipping fees. We accept various forms of payment as indicated on our Website. You represent and warrant that you are authorized to use the payment method you provide.

4.4. Shipping and Delivery: Our shipping policies are outlined on our separate Shipping Policy page, which is incorporated into these Terms by reference. Please refer to the Shipping Policy for information on delivery times, costs, and procedures.

4.5. Returns and Exchanges: Our return and exchange policies are outlined on our separate Returns and Exchanges Policy page, which is incorporated into these Terms by reference. Please refer to the Returns and Exchanges Policy for information on eligibility, procedures, and timelines.

5. Intellectual Property

5.1. Ownership: The Website and its original content, features, and functionality (including but not limited to text, graphics, logos, images, software, and designs) are owned by Tucker and Tams and are protected by South African and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

5.2. Limited License: We grant you a limited, non-exclusive, non-transferable, and revocable license to access and use the Website for your personal, non-commercial use of browsing and purchasing our Products.

5.3. Restrictions: You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as generally and ordinarily permitted through the Website according to these Terms. You may not use any meta tags or any other "hidden text" utilizing our name or trademarks without our express written consent.

6. User Content

6.1. Your Content: You may be permitted to submit, upload, publish, or otherwise make available content, such as reviews, comments, or photographs ("User Content"). You retain all rights in and to your User Content.

6.2. License to User Content: By submitting User Content, you grant us a non-exclusive, royalty-free, perpetual, irrevocable, transferable, sub-licensable, worldwide license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display your User Content in any media for the purpose of operating, promoting, and improving our Website and business.

6.3. Responsibility for User Content: You are solely responsible for your User Content and the consequences of posting or publishing it. You represent and warrant that your User Content does not violate these Terms, infringe upon the rights of any third party (including intellectual property rights, privacy rights, or publicity rights), or contain any defamatory, libelous, offensive, or unlawful material.

6.4. Our Right to Remove User Content: We reserve the right to remove or refuse to post any User Content for any reason at our sole discretion, including if we believe it violates these Terms.

7. Prohibited Conduct

You agree not to engage in any of the following prohibited activities:

- Using the Website for any unlawful purpose or in violation of these Terms.

- Impersonating any person or entity or falsely stating or otherwise misrepresenting your affiliation with a person or entity.

- Collecting or harvesting any personally identifiable information, including account names, from the Website.

- Using any robot, spider, scraper, or other automated means to access the Website for any purpose without our express written permission.

- Interfering with or disrupting the operation of the Website or the servers or networks used to make the Website available.

- Transmitting any viruses, worms, defects, Trojan horses, or other items of a destructive nature.

- Attempting to probe, scan, or test the vulnerability of the Website or any related system or network or breach any security or authentication measures.

- Engaging in any conduct that could disable, overburden, damage, or impair the Website or interfere with any other party's use of the Website.

8. Links to Third-Party Websites

Our Website may contain links to third-party websites or services that are not owned or controlled by us. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such third-party websites or services.

9. Disclaimer of Warranties

THE WEBSITE AND ALL CONTENT, PRODUCTS, AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.

TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE WEBSITE, ITS CONTENT, PRODUCTS, AND SERVICES. WE DO NOT WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVERS THAT MAKE THE WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

10. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TUCKER AND TAMS, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, THE WEBSITE, ITS CONTENT, PRODUCTS, OR SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL LIABILITY TO YOU FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE WEBSITE, ITS CONTENT, PRODUCTS, OR SERVICES SHALL NOT EXCEED THE AMOUNT YOU PAID TO US FOR THE APPLICABLE PRODUCTS OR SERVICES.

11. Indemnification

You agree to indemnify, defend, and hold harmless Tucker and Tams, its affiliates, officers, directors, employees, agents, suppliers, and licensors from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to (a) your use of or access to the Website, its content, Products, or Services; (b) your violation of these Terms; (c) your User Content; or (d) your violation of any rights of a third party.

12. Governing Law and Dispute Resolution

These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the Republic of South Africa.

Any dispute or claim arising out of or relating to these Terms or the Website shall be subject to the exclusive jurisdiction of the courts of the Republic of South Africa.

13. Changes to These Terms

We reserve the right to modify or revise these Terms at any time without prior notice. The updated Terms will be posted on the Website with a new "Last Updated" date. Your continued use of the Website after any such changes constitutes your acceptance of the revised Terms. It is your responsibility to review these Terms periodically for any updates or changes.

14. Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable, and the other provisions of these Terms shall remain in full force and effect.

15. Entire Agreement

These Terms, together with our Privacy Policy, Shipping Policy, and Returns and Exchanges Policy, constitute the entire agreement between you and Tucker and Tams regarding your use of the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral.