Terms & Conditions

Welcome to tagltd.com ("website")!

Please take a few minutes to review the following information divided into three sections:
Terms and Conditions unique to the website
Customer Ordering Information
Terms and Conditions governing all transactions (Updated 9/2020)

Terms and Conditions unique to the website
User comments
We welcome your comments about our website. However, any comments, feedback, notes, messages, ideas, suggestions or other communications (collectively "Comments") sent to our website shall be and remain the exclusive property of tag. Your submission of any such Comments shall constitute an assignment to tag of all worldwide rights, titles and interests in all copyrights and other intellectual property rights in the Comments. tag will be entitled to use, reproduce, disclose, publish and distribute any material you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any comments that you do not wish to assign to us, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork.

hyperlinks to other websites
To the extent our website contains hyperlinks to outside services and resources, the availability and content of which tag does not control, any concerns regarding any such service or resource, or any hyperlink thereto, should be directed to the particular outside service or resource

Disclaimer
This website and all Content available on this website are provided on an "as is" basis without warranties of any kind, either express or implied, including without limitation warranties of title or implied warranties of merchantability or fitness for a particular purpose. You acknowledge, by your use of this website, that your use of this website is at your sole risk, that you assume full responsibility for all costs associated with all necessary servicing or repairs of any equipment you use in connection with your use of this website, and that tag shall not be liable for any damages of any kind related to your use of this website.

Product Information
The prices displayed on our website are quoted in U.S. Dollars.

Colors
We have done our best to display as accurately as possible the colors of the products shown on this website. However, because the colors you see will depend on your monitor, we cannot guarantee that your monitor’s display of any color will be accurate.

Inaccuracy Disclaimer
From time to time there may be information on our website or in our catalog that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. tag reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order).

Customer Ordering Information
New Customers
Welcome! Please provide us with the following information so that we may properly set up your account: a copy of your resale certificate and complete customer information (either by providing us with a  comprehensive credit sheet or filling out the appropriate form).  When using tag forms, use the NAF1 if requesting credit or the NAF2 if you are planning to pay by credit card. Please note that a credit card or prepayment will expedite the processing of your first order. All forms are available on our website at www.tagltd.com.

Orders
tag's minimum first-time order is $350; reorders must total $150 or more. FOB prices are subject to change without notice and orders may be subject to additional fees and surcharges. Customers will be informed in writing of changes to the product price prior to fulfillment and may cancel theorizer up to two weeks prior to shipment of the goods. Order cancellations must have prior authorization and will be documented by a confirmation number issued by tag. All products are sold in case packs either per color or as assortments, and priced as eaches. When ordering, please take note to order in multiples of the pack size. tag reserves the right to increase the quantity to meet our pack size requirements.

Payment Options
credit card payment: tag accepts Visa, MasterCard, Discover and American Express. tag will charge your credit card at the time of shipment for the total amount of goods shipped plus freight.

net 30 terms: tag extends Net 30 terms on approved credit. We require four trade references and one bank reference. Retailers who have been in business for less than one year require a waiting period of one year or more prior to being considered for terms.

Prepayment: Although we recommend use of a credit card for ease of processing your order, we do accept check prepayments. You may send in a check for the total amount of goods plus an additional 15% to cover freight costs. If an overage occurs, any remaining monies will be applied to your account as a credit. tag will deal with shortages on an individual basis. Please note a $35 fee will be charged for any returned checks.

Shipping
All orders are shipped freight prepaid, FOB tag warehouse, Newport News, Virginia. The cost of freight will be added to your invoice. Orders shipped on pallets will be invoiced at $4.50 per pallet. Special handling requests and inside deliveries are subject to additional freight charges. Oversized items, denoted by a truck icon in the catalog, may incur extra freight charges. Shipments requiring special routing instructions must be specified or tag reserves the right to ship at our own discretion.

Backorders
Partial shipments are held until the value reaches a minimum of $60. Backorders ship automatically and without notification within 60 days of the original shipment. If a backorder has been held over 60 days from the original shipment or is valued at under $60, tag reserves the right to cancel shipment. Please note that backorders will ship under the same payment terms as the original shipment, including COD.

Returns
All returns are required to have a return authorization (RA) number and must be received in their original state at our Newport News location. All cartons need to be identified with the RA number. RA numbers may be obtained by calling tag’s Customer Relations Department at 1.800.621.8350. Unauthorized returns will be charged a 20% restocking fee and all freight charges.

Damage Claims
Please examine your order upon arrival for any discrepancies. Claims need to be reported to Customer Relations within 10 days of receipt of shipment. Claims reported after 30 days will not be accepted. Acknowledged claims will be issued an RA number for return. Replacements for damaged goods shall be sent upon request and availability.

Quality
Our goal at tag is to bring you the very best products in design and style at the very best price. Please keep in mind that many of tag’s items are hand crafted and there will likely be some variations in color, texture and finish. This is what makes tag product so distinctive and unique!

Terms and conditions governing all transactions (updated 9/2020)
The following Purchase Terms and Conditions (the “Terms”) apply to all resellers (“Customer” or “Customers”) of tag products (the “Products”) in the United States and its Territories. By purchasing Products, you accept and agree to abide these Terms. Please read these Terms carefully. If you do not agree with any portion of these Terms, you must not purchase tag Products. tag reserves the right to cancel any pending orders and/or terminate the account of any Customer that violates or threatens to violate any of these Terms, in addition to all other available legal remedies.

Orders
Orders will be processed by tag in accordance with the Terms set forth in the tag Customer Information Guide or through other procedures separately agreed to in writing by Customer and tag. tag reserves the right to reject any order, in whole or in part, for any reason.

Sales to End-Users Only
Customer shall not sell or transfer any of the Products to any person or entity for re-sale without the prior written consent of tag. This includes sales to B2B accounts, wholesalers, freight forwarders/drop shippers for other Customers, or any other person Customer knows, or has reason to know intends to re-sell the Products. Unless separately authorized by tag, Customers shall sell solely to end users of the Products and shall not sell to anyone a quantity of the Products greater than that generally purchased by an individual for personal use or gifting.

Geographical Restrictions
Customer shall not sell Products to any individual or entity outside the United States and its Territories without obtaining tag’s prior written consent.

Internet Sales
Customers are permitted to market for sale or sell the Products through website(s) owned or operated by the Customer, provided however, that such website(s) identify the Customers’ full legal name, mailing address, telephone number, and email address. At any time, tag, in its sole discretion, may revoke a Customer’s authorization to sell the Products on such websites and Customer shall cease marketing for sale and/or selling the Products on such websites immediately upon notice of such revocation. Customers shall not sell the Products on or through any other website, including any third-party marketplace site such as Amazon, eBay, target Plus, wayfair or Walmart Marketplace, without the prior written consent of tag. Execution by tag of the Authorized Online Marketplace Reseller Agreement constitutes the only means of providing consent to sell the Products on any third-party online marketplace site. No tag employee or agent may authorize third-party online marketplace sales through oral statements, other written agreement, or by any other means.

Product Inspection
Promptly upon receipt of Products, Customer shall thoroughly inspect the Products for damage, defect, or other non-conformance. If any defect is identified, Customer must not offer the Product for sale and must report the defect to tag’s Customer Relations Department at 1.800.621.8350.

Product Storage and Handling
Customer agrees to exercise due care in storing and handling the Products and to store Products in accordance with any storage guidelines specified by tag.

Alternations Prohibited
Customer shall sell Products in their original packaging. Relabeling, repackaging (including the separation of bundled products or the bundling of products), and other alterations, except for personalization or customization of a Product as requested by and for the benefit of an end user, are not permitted unless authorized by tag. Tampering with, defacing, or otherwise altering serial numbers, UPC codes, or other identifying information on Products is prohibited. Further, Customer may not remove, translate, or modify the contents of any label or literature on or accompanying the Product.

Customer Service
Customer must make itself available to respond to consumer questions and concerns both before and after sale of the Products and should endeavor to respond to consumer inquiries within a commercially reasonable timeframe. At all times, Customer and Customer’s agents must represent the Products in a professional manner and refrain from any conduct that is or could be illegal, gives or could give the appearance of impropriety, or otherwise is or could be detrimental to the reputation of the tag brand.

Recall and Consumer Safety
To ensure the safety of the end-users of the Products, Customer shall communicate all safety information to consumers and cooperate with tag with respect to any Product recall or other consumer safety information dissemination effort.

Contact Information
Customer agrees to maintain accurate and up-to-date company information and to disclose all retail locations that carry the Products. Customer shall promptly notify tag of any changes to its address, telephone number, email address, or other contact information.

Compliance with Applicable Laws
Customer shall comply with all applicable laws, rules, regulations, and policies related to the advertising, sale and marketing of the Products.

Intellectual Property
Customer acknowledges and agrees that tag owns all proprietary rights in and to the tag brand, name, logo, trademarks, service marks, trade dress, copyrights, and other intellectual property associated with the Products (the “tag IP”). Customer shall refrain from questioning or challenging the rights claimed by tag in the tag IP or assisting any others in doing so. Customer is granted a limited, non-exclusive, non-transferable, revocable license to use the tag IP solely for purposes of marketing and selling the Products as set forth herein. tag reserves the right to review and approve, in its sole discretion, Customer’s use or intended use of the tag IP at any time, without limitation. Customer’s use of the tag IP shall be in conformance with any guidelines that may be provided by tag and must be commercially reasonable as to the size, placement, and other manners of use. All goodwill arising from Customer’s use of the tag IP shall inure solely to the benefit of tag.

Termination
tag reserves the right to terminate Customer’s account with, or without cause upon written notice to Customer. Except as otherwise agreed by tag and Customer in writing, upon termination, Customer’s license to use the tag IP as set forth in paragraph 12 shall be revoked immediately and Customer shall immediately cease representing itself as an authorized reseller of tag Products and all use of anything that may give the impression that Customer is an authorized reseller of tag Products or has any affiliation whatsoever with tag.

Modification
tag reserves the right to update, amend, or modify these Terms at any time. Unless otherwise provided, amendments will take effect immediately and Customer’s continued use, advertising, offering for sale, or sales of the Products, use of the tag IP, or use of any other information or materials provided by tag to Customer under these Terms following notice of the amendments will be deemed Customer’s acceptance of the amendments.

Dispute Resolution
If there is a breach or threatened breach of paragraphs 2 through 14 of these Terms, it is agreed and understood that tag shall have no adequate remedy in money or other damages and accordingly shall be entitled to injunctive relief and other equitable remedies; provided, however, no specification in these Terms of any particular remedy shall be construed as a waiver or prohibition of any other remedies in the event of a breach or threatened breach of these Terms. Except, as otherwise provided, or as the Customer and tag may otherwise agree in writing, no failure, refusal, neglect, delay, waiver, forbearance, or omission by tag to exercise any right(s) herein or to insist upon full compliance by Customer with Customer’s obligations herein shall constitute a waiver of any provision or otherwise limit tag’s right to fully enforce any or all provisions and parts thereof.

Governing Law
These Terms and any dispute related to or arising from these Terms are governed by and construed in accordance with the laws of the State of Illinois, without regard to its choice of law rules. In the event of a dispute related to or arising from these Terms, Customer expressly submits to personal jurisdiction and venue in the federal or state courts in Cook County, Illinois.