Terms of service

Summary: Please read these terms very carefully as they form a binding Agreement between you and TELL A TAIL regarding the use of our services and website. At the beginning of each Section, you'll find a short summary to help you navigate the document. Note that these summaries do not replace or represent the full text.

The following terms and conditions constitute a legally binding contract (this "Agreement") between you (“you” or “your”) and TELL A TAIL, clothes and apparels store that sells the products on the tellatailonline.com website (the "Site") and the services available on or at the Site (taken together with the use of the Site, the "Services"). 

The Services are offered subject to your acceptance without modification of all of the terms and conditions contained herein. We also have other policies and procedures including, without limitation, Shipping, Return Policy, Privacy Policy and others.  Those policies contain additional terms and conditions, which apply to the Services and are part of this Agreement. YOUR USE OF THE SITE CONSTITUTES YOUR ACCEPTANCE OF AND AGREEMENT TO BE BOUND BY THIS AGREEMENT.  FURTHERMORE, BY PLACING AN ORDER FOR PRODUCTS OR SERVICES FROM THE SITE, YOU ACCEPT AND ARE BOUND BY THIS AGREEMENT.  If you do not agree to this Agreement, do not use the Site or any other Services.  

1. Access & Membership

Summary: You need to be of a certain legal age to use TELL A TAIL, and you're fully responsible for your account and the use of our services. If you violate our Terms of Service or otherwise act in bad faith, we can modify, cancel, or refuse service at any time.

2. Modifications

Summary: We reserve the right to modify our terms, services, and fees. Please follow changes to our terms by checking in with the Policy updates section on our website.

3. Use of Services

Summary: By using TELL A TAIL, you agree to use our services according to our terms and to respect the rights of our brand name, trademark, and digital items. In case we need to contact you, we'll reach out to you via email.

We grant you a limited, non-exclusive, non-transferable, and revocable license to use our Services, platforms, and integrations subject to this Agreement and the following restrictions in particular:

4. Limited Warranty on Products

Summary: Please read this section very carefully—it covers our obligations and responsibilities for TELL A TAIL services. If you have an issue with your order, you may be eligible for a replacement product or refund, so reach out to us as soon as possible.

Does not apply to Users residing in the European Economic Area or the United Kingdom (see Section 5).

1. Limited Warranty.  We warrant that, at the time of delivery of a Product to a Customer, the Product will not be materially defective or damaged (the “Limited Warranty”). Customers residing in Brazil have the right to cancel and return their order within 5 days, for any reason.
2. What Does This Warranty Not Cover?  This Limited Warranty does not cover any damage to or defect in a Product caused by any of the following: (a) you or third parties; (b) any improper handling (including during shipping), use or storage of the Product; (c) any failure to follow any Product instructions; (d) any modifications to the Product; (e) any unauthorized repair to the Product; or (f) any external causes such as accidents, fire, flood, “acts of God” or other actions or events beyond our reasonable control; or (g) any costs or expenses related to the loss of use of the Product or any other costs or expenses not covered by this Limited Warranty.  This Limited Warranty does not cover any items supplied by third parties, size exchanges or buyer’s remorse.  

Finally, as noted elsewhere in this Agreement, we unfortunately cannot guarantee that the colors and details in our website images are 100% accurate representations of a Product, and sizes might in some cases be approximate.  Accordingly, this Limited Warranty does not cover such matters.  

1. What Is The Period Of Coverage?  This limited warranty starts on the date of the delivery of the Product to the Customer and lasts for fourteen (14) days (the “Warranty Period”). For the avoidance of doubt, TELL A TAIL acknowledges that according to some jurisdictions the Customer may be entitled to a longer Warranty Period.
2. What Are Your Remedies Under This Warranty?  With respect to any materially defective or damaged Product, we will, in our sole discretion, either: (a) replace such Product (or the defective or damaged part of the Product) free of charge, or (b) refund the purchase price paid to us by the Customer along with the shipping fees corresponding to the defective or damaged Products. 
3. How Do You Obtain Warranty Service?  Promptly following delivery of a Product, you will inspect the Product.  If a Product is materially defective (including any error in printing) or damaged upon receipt, or if you received the wrong Product, then in order to be eligible for service under this Limited Warranty, you must submit a claim within the Warranty Period in compliance with our Return Policy.  
4. LIMITATION OF LIABILITY.  THE REMEDIES DESCRIBED IN THIS SECTION 4 ARE YOUR SOLE AND EXCLUSIVE REMEDIES (AND OUR ENTIRE LIABILITY) FOR ANY BREACH OF THIS LIMITED WARRANTY. OUR LIABILITY FOR A DEFECTIVE OR DAMAGED PRODUCT SHALL UNDER NO CIRCUMSTANCES EXCEED THE ACTUAL AMOUNT RECEIVED BY US FOR THE PRODUCT, NOR SHALL WE UNDER ANY CIRCUMSTANCES, TO THE FULLEST EXTENT PERMITTED BY LAW, BE LIABLE FOR ANY LOST PROFITS OR REVENUES, DIMINUTION IN VALUE, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY, ENHANCED OR PUNITIVE DAMAGES OR LOSSES ARISING OUT OF OUR PRODUCTS, REGARDLESS OF (I) WHETHER ANY OF THE FOREGOING DAMAGES WERE FORESEEABLE, (II) WHETHER OR NOT YOU WERE ADVISED OF THE POSSIBILITY OF INCURRING ANY OF THE FOREGOING DAMAGES, (III) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, OR OTHERWISE) UPON WHICH THE CLAIM IS BASED, AND (IV) ANY SPECIFIC CIRCUMSTANCES OF YOU AND/OR YOUR CUSTOMER.  SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS, WHICH VARY FROM JURISDICTION TO JURISDICTION. WE LIMIT THE DURATION AND REMEDIES OF ALL IMPLIED WARRANTIES OR CONDITIONS WITH RESPECT TO OUR PRODUCTS, INCLUDING WITHOUT LIMITATION THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TO THE DURATION OF THE WARRANTY PERIOD. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY OR CONDITION LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

5. Your rights in the case of lack of conformity

Summary: If you reside in the European Economic Area or the United Kingdom, this is where you'll find information on what you can do if there's an issue with your order.

If you are a User residing in the European Economic Area or the United Kingdom, the legal guarantees established by Directive 1999/44/EC on consumer sales and guarantees or similar consumer contracts regulations apply to the sale of our products. Consequently, you have the right, free of charge, to get the products repaired (or replaced) within the limits provided by the law, or, in case of failure of one of the remedies above to have an appropriate reduction in the price of the products, or the contract canceled. Delivery costs for returning the product to be repaired or replaced under this clause shall be borne by TELL A TAIL, as well as any costs related to the delivery to you of the repaired or replaced product.

If the Products we supply to you are: (1) made to your specification and are clearly personalized with your designs; or (2) sealed for health protection or hygiene reasons, or both, you do not have the right to cancel your order or change your mind as set out in our Return Policy.

For other Products, you have the right to cancel and return the order for any reason within 7 days following the date on which the Product was delivered. You must inform us of the decision to cancel the order by sending us written notice before the cancellation period expires. You may contact us at Tellatail.contact@gmail.com. Within 7 days of notifying us of your decision to cancel the order, you must also return the product to us using the return address indicated on the original package in which the order was delivered. You will have to bear the direct cost of returning the goods. Within 7 days of receiving written notice of your decision to cancel the order we will, without undue delay, issue a refund for the Product and the delivery costs (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us). We may delay the refund until the Product has been returned or we have received proof that the Product has been returned, whichever is earlier. The refund will be made to the payment method used by you when placing the order. You may be liable for any diminished value of the Product resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the Product.

6. Responsibility of Site members and visitors

Summary: When using Tellatailonline.com, it's your responsibility to follow our policies. If you violate our policies, we might restrict or even end up terminating your access to our services.

7. Payments and fees

Summary: To pay for TELL A TAIL products, you need a valid payment method (e.g. a credit card, PayPal) that you're authorized to use. All fees will be charged to your payment method, which may but is not guaranteed to be automatically updated. Note that you might need to reimburse us for any chargeback fees for returns or claims  that aren't in line with our policies. 

You may choose to save your billing information to use it for all future orders and charges associated with TELL A TAIL Products and/or Services. In such case, you also acknowledge and agree that this information will be stored and processed by third party compliant service providers. TELL A TAIL may participate in Account Updater programs. Such programs may allow for your payment card information to be automatically updated if and when there is a change, such as to the payment card number or expiration date. To the extent TELL A TAIL participates in such programs and your financial institution or payment card provider is a participant, you agree to automatic updates to your payment card information. However, TELL A TAIL cannot guarantee that such automatic updates will be made, so you also acknowledge that you are ultimately responsible for ensuring that your payment card information is current. 

When you order a Product, or use a Service that has a fee, you will be charged, and you agree to pay, the fees in effect at the time the order is placed.  We may change our fees from time to time (for example, when we have holiday sales, offer you a discount of base product prices, etc.). The fees for the Products and the Services (if and as applicable), as well as any associated delivery costs will be indicated on the Site when you place an order or pay for the Service. We may choose to temporarily change the fees for our Services for promotional events or new Services, and such changes are effective when we post the temporary promotional event or new Service on the Site or inform you individually. The sale will be submitted for processing and you will be charged as soon as you confirm it. You may then receive an email from us.

By placing an order or paying for Services , you are confirming that you are legally entitled to use the means of payment tendered and, in the case of card payments, that you are either the cardholder or have the cardholder's express permission to utilize the card to effect payment. In case of an unauthorized use of a payment method, you will be personally liable for, and shall reimburse TELL A TAIL for damages resulting from such unauthorized use. 

With regard to payment methods, you represent to TELL A TAIL that (i) the billing information you supply to us is true, correct, and complete and (ii) to the best of your knowledge, charges incurred by you will be honored by your financial institution (including but not limited to credit card company) or payment service provider.

If you make any return or claim which does not comply with our policies (including policies which are described here), you will reimburse TELL A TAIL for its losses, which consist of fulfillment costs and chargeback handling fees (up to 600 THB per chargeback), if applicable. 

We may refuse to process a transaction for any reason or refuse to provide Services to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of refusing or suspending any transaction after processing has begun.

Unless stated otherwise, you may choose currency from the options available at the Site in which all fees and payments will be quoted. You are responsible for paying all fees, payments and applicable taxes associated with our Site and Services. After receiving your order you may receive an email from us with the details and description of the Products ordered. Payment of the total price plus taxes and delivery must be made in full before the dispatch of your Products.

TELL A TAIL at its sole discretion may offer you various discounts, as well as change, suspend or discontinue them at any time. You may find more information about the available discounts at the Site, in the marketing and promotional emails or via other channels or events TELL A TAIL may use or participate in.

8. Taxes

Summary: You are responsible for paying any applicable taxes to your local taxing authority, unless we have informed you otherwise.

9. Shipping

Summary: Once you've placed an order, you might no longer be able to edit the order details or cancel it. If you have an issue with the shipment of your order, contact us within 14 days of the delivery or estimated delivery date. In some cases, you may need to reach out to the shipping carrier directly.

Once you have confirmed your order, it might not be possible to edit or cancel it. If you want to change some parameters, Customer addresses, etc., please check whether such an option is available in your account. We are not bound to make such modifications to your order, but we will do our best on a case-by-case basis. 

The risk of loss of, damage to and title for Products pass to you upon our delivery to the carrier. It shall be your responsibility to file any claim with a carrier for a lost shipment if carrier tracking indicates that the Product was delivered. In such case TELL A TAILl will not make any refunds and will not resend the Product.

For Users in the European Economic Area or the United Kingdom, the risk of loss of, damage to and title for Products will pass to you when you or a third party indicated by you has acquired the physical possession of the Products.

If carrier tracking indicates that a Product was lost in transit, you may make a written claim for replacement of the lost Product in compliance with TELL A TAIL’s Return Policy. For Products lost in transit, all claims must be submitted no later than 14 days after the estimated delivery date.  All such claims are subject to TELL A TAIL investigation and sole discretion. TELL A TAIL cannot guarantee delivery to P.O. boxes.

10. Description of products

Summary: We strive towards making our product development process the best we can, yet we can't guarantee that the product representations on our website will be 100% accurate or that the manufacturing stage won't result in damages. To speed up fulfillment, we also offer you product alternatives in case any of your products are out of stock.

11. Purchase of products

Summary: To make sure your orders arrive as quickly as possible, please make sure you submit the correct order details at checkout. TELL A TAIL doesn't take responsibility for missed deliveries due to typos in the delivery information.

12. Delivery

Summary: While we may provide delivery estimates, we can't provide guaranteed delivery dates. Once TELL A TAIL receives payment for your order (including delivery fees), we fulfill the order and pass it onto the carrier. This is also the moment where you legally become the owner of the products.

13. Release

Summary: You can’t sue us for anything that we have disclaimed or obtained your release from under this Agreement.

14. Indemnity

Summary: TELL A TAIL is not responsible for any damages and liabilities you incur if you break the law, violate these terms or any rights of third parties and it results in legal action (this also includes misrepresentations made by you and any product liability claims).

15. Governing Law

Summary: If any dispute arises between us we'll apply the laws of the State of North Carolina to resolve it—unless you as a consumer reside in the European Economic Area, Switzerland, or the United Kingdom in which case we'll follow the laws of the Republic of Latvia.

This Agreement, and all disputes and claims arising out of or in connection with this Agreement or its subject matter or formation including non-contractual disputes and claims, are governed by the laws of the State of North Carolina, without regard to its conflict of laws rules. These laws will apply no matter where in the world you live or are located but if you are a User living in the European Economic Area, Switzerland, or the United Kingdom the laws of the Republic of Latvia will apply to any dispute arising out of or relating to this Agreement. Notwithstanding the aforementioned, nothing in this Agreement, including the aforementioned choice of law provision, affects your rights as an User living in the European Economic Area or Switzerland to rely on any mandatory provisions of the law of the country in which you are resident.

For Users in the European Union and the United Kingdom: Alternatively, you can contact the consumer center in your country or you can decide to access the platform for alternative extra-judicial resolution of disputes provided by the European Commission.

16. Privacy and Personal Data Processing

Summary: TELL A TAIL's Privacy Policy is an important part of our Terms of Service that explains how your information is used when you use our services. Please read it very carefully.

TELL A TAIL collects your personal data to provide our Services. We are committed to protecting your personal data and privacy and our Privacy Policy details and explains how we are processing Site visitor and User personal information. By accepting this Agreement, you are also accepting and acknowledging our Privacy Policy.

17. General

Summary: Using our services doesn't make you an agent, partner or employee of TELL A TAIL. We're not responsible for any violations of these terms if it's out of our control. If you have any questions about our Terms of Service, feel free to contact us at Tellatail.contact@gmail.com.

No agency, partnership, joint venture, employee-employer, franchisor-franchisee relationship, etc. is intended or created by this Agreement.

TELL A TAIL will not be liable or responsible to you, nor be deemed to have defaulted or breached this Agreement, for any failure or delay in TELL A TAIL’s performance under this Agreement when such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, such as any fire; flood; earthquake; governmental action; war, invasion or hostilities; national emergency; explosion; terrorist threat or act; riot or other civil unrest; insurrection; epidemic; lockout, strike or other labor dispute (whether or not relating to our workforce); inability or delay in obtaining supplies; telecommunication breakdown; or power outage.

If you have any questions about this Agreement, please email us at Tellatail.contact@gmail.com.