Terms of service
PRICE MATCHING
Like many retailers, we reduce prices of styles periodically. If you purchase a style before it is reduced, we are not obliged to honour the newly reduced sale price for you, nor are we required to price match a style you may see cheaper elsewhere.
SITEWIDE SALES AND REGULAR PROMOTIONAL SALES
Promotional sales may exclude selected styles, pre-orders and the purchase of e-vouchers. All styles will be marked down if included in a promotion unless a discount code is required, in which case the final price will display once the code has been entered correctly at checkout. Discount codes can only be applied once per person. All sale items are final sale. Underwear and socks are considered intimates for returns purposes and are ineligible for return, so please check the product description for details before transacting. If a promotional sale applies to already reduced styles (mark down items), the discount will be applied to their current sale price. You may or may not see the original RRP if this is the case. The use of discount codes issued prior to a sale is not applicable on already reduced styles during a sitewide sale. Shipping times may vary due to the high volume of orders received during a sale, so please allow additional processing and shipping time during busy periods. TAKA Original reserves the right to end a promotional sale at any time without notice.
FINAL SALE/MARK DOWN SALE STYLES
Styles purchased at final sale cannot be returned for an exchange or store credit. A style is considered final sale where it is in the 'Sale' section and shows a permanently marked down price. If you purchase a style before it is reduced, we are not obliged to honour the newly reduced sale price, nor are we required to price match a style you may see cheaper elsewhere.
CLEARANCE SALES/END OF YEAR BOXING DAY SALES
Clearance sales exclude the purchase of e-vouchers, and at times, selected styles. All styles will be marked at a discounted price if they are included in a sale. All sales are final which means that any item purchased during the sale is ineligible for return OR exchange so please choose carefully before transacting. Discount codes may or may not be used in conjunction with clearance sales depends on specific item.
Please note, delivery times and tracking information may be delayed due to the high volume of orders received by our shipping couriers during sale periods, so please allow additional time to receive your order and tracking information. Further, during our end of season sale, no orders will be shipped on public holidays.
We reserve the right to end a promotional sale at any time without prior notice.
COMMUNICATIONS
When signing up via any of TAKA Original's membership platforms, you consent to TAKA Original using your personal information, such as your email address, for direct marketing purposes. This includes sending you correspondence such as newsletters, product information, competitions and promotions, by email, SMS, social media or post. You may opt out of receiving these direct marketing communications, and any variation to your communication preferences, at any time.
GENERAL
All contracts and dealings between TAKA Original and each of its subsidiaries, affiliates, associated companies, related entities, successors/parent company and assigns (‘TAKA Original’) and any person (‘Customer’) relating to any goods or services (‘Goods’ and ‘Services’) provided and supplied by TAKA Original to the Customer through the website www.takaoriginal.com (‘Website’) are subject to the terms and conditions of trade set out below (‘these Terms’).
By using the Website, the Customer agrees to be bound by these Terms, as may be amended by TAKA Original from time to time.
VARIATION
TAKA Original has the right to amend, remove or vary these Terms at any time without notice. It is the Customer’s responsibility to be aware of any changes made to these Terms and by continuing to use and visit the Website the Customer agrees to be governed by these Terms as the case may be from time to time.
ACCESS
Access to the Website is permitted on a temporary basis, and TAKA Original reserves the right to withdraw or amend the Services without notice. TAKA Original(‘TAKA’) will not be liable if for any reason the Website is unavailable at any time or for any period. From time to time, TAKA may restrict access to some parts or all of the Website without notice.
INTELLECTUAL PROPERTY
•All intellectual property rights in all software and content made available to the Customer on or through the Website remains the property of TAKA.
•The Customer is authorized to download, view, copy and print any content on the Website for personal, informational and non-commercial purposes only. Such content must not be modified or altered in any way.
•The Customer is not permitted to copy, reproduce, alter, distribute, publish or use in any manner any content on the Website other than as permitted under these Terms without the written express consent of TAKA. Such consent may be withheld by TAKA at its absolute discretion.
•The Customer must not remove any copyright or trademark notices from the content found on the Website.
•TAKA makes no representation or warranty to the Customer of any kind, express or implied that the Goods and Services will not infringe any intellectual property rights of a third party.
TERMS OF SALE
•By placing an order for any Goods on the Website (‘Order’) the Customer is offering to purchase the Goods on and subject to these Terms. Each Order the Customer places will be a separate and binding agreement between the Customer and TAKA with respect to the supply of the Goods in accordance with these Terms.
•All Orders are subject to availability of the Goods and confirmation of the Order price.
•Dispatch times may vary according to availability and any guarantees or representations made as to delivery times are limited to China and are intended as an estimate only and are subject to any delays resulting from postal delays for which TAKA will not be responsible.
•The Customer acknowledges that all Orders through the Website are with respect to goods intended for personal and domestic use only and non-commercial use.
•In order to contract with taka the Customer must be over 16 years of age and possess a valid credit or debit card issued by a bank acceptable to TAKA.
•TAKA reserves the right to accept or reject an Order for any reason at any time.
•When placing an Order the Customer undertakes that all details that are provided to TAKA are true and accurate, that the Customer is an authorized user of the credit or debit card used to place the Order and that there are sufficient funds to cover the cost of the Goods.
•TAKA reserves the right to hold an order pending credit card verification. Our Customer Care team will contact you requesting a photocopy of the front of your driver's license and the credit card used to make a purchase. If a response is not received within 48 hours, your order will be canceled and your card refunded. If our merchant bank is not satisfied with the information provided, your order will also be canceled and refunded.
•Changes to items on orders, shipping addresses or names are not permitted once an order has been processed. TAKA can refuse any amendment or cancellation of an order at any time.
PAYMENT
We currently offer Paypal/Stripe/Major credit card payment types to customers.
PRICE
•The price with respect to any Goods is specified on the Website (‘Price’). The Price is exclusive of any delivery fee.
•Unless otherwise stated, all Prices quoted are in United States Dollars and where applicable are exclusive of goods and services tax (‘GST’). Any fees and charges (e.g. delivery fees) imposed by these Terms also exclude GST where applicable.
•Price adjustment available for unfulfilled orders.
•TAKA reserves the right to change or alter the Prices of Goods on the Website without notice to the Customer.
•In paying or attempting to pay for the Goods, the Customer agrees that the Customer has not engaged in any fraudulent conduct or contravened any law.
CANCELLATION & REFUND POLICY
•Unless provided for under these Terms, no cancellations or changes to Orders will be accepted, and the Goods will be delivered to the stated delivery address in accordance with these Terms. Therefore, the Customer should carefully check that its Order is accurate before the Customer submits it to TAKA. The Customer will, however, be able to return Goods in accordance with TAKA's returns policy.
•TAKA may accept returns within 7 days for from the date of delivery. Goods must be unwashed, unworn and in their original purchase condition with original tags still attached with no signs of being removed and re-attached.
•Goods for return must be posted at the Customer’s expense.
•The Customer must include their order confirmation email within their return parcel.
•Any Goods which TAKA has elected to accept for either return shall be returned at the Customer’s expense. The Customer will not be refunded for the original postage cost unless the garment was faulty, or there was a dispatch error by TAKA.
•Due to health reasons, makeup, swimwear, intimates (including selected bodysuits), hair accessories, and jewellery cannot be returned unless deemed faulty.
•Upon accepting the goods,TAKA will issue the customer with an store credit. This store credit code will be granted equal to the value of the item(s) returned minus a restocking fee $18.
•Items purchased during promotional sale periods will NOT be eligible for a return/exchange/credit note.
DAMAGED & FAULTY GOODS
•All Goods are thoroughly inspected to ensure they are in a sellable condition prior to being sent to the Customer. All Goods come with guarantees that comply with Chinese Consumer Law.
•If the Customer discovers that a Good is faulty or damaged, the Customer must notify TAKA within 7 days of received by contacting TAKA via hi@takaoriginal.com
•If TAKA inspects the Goods and confirms that there is a fault, the Customer will be entitled to either a replacement or a refund within 7 days. Once the refund is processed, it will automatically go back to customer's original payment method.
•Customer can keep the item. If customer decide to ship back to TAKA. TAKA will cover the packaging and postage costs associated with the Customer returning a faulty or damaged Good.
•Customers are liable for any delivery costs if the Good is found not to be faulty.
DELIVERY
•Any period or date for delivery of Goods stated by TAKA is intended as an estimate only and is not a contractual commitment. TAKA will use its best endeavours to meet any estimate delivery dates but will not be liable for any loss or damage suffered by the Customer or any other person for failure to meet an estimated delivery date.
•TAKA reserves the right to amend delivery methods without notice.
DELIVERY - INTERNATIONAL
•International deliveries will be made by DHL Express Or Fedex or Registered Post.
•Estimated delivery time for international orders varies depending on location.
•In the event the Customer does not receive their Order within 30 business days of placement, the Customer should contact their local shipping carrier.
•International delivery costs do not include any taxes or duties which may be applied by customs at the destination country. Any duties or taxes incurred are the responsibility of the delivery recipient. TAKA has no control over the import fee charged and will not be responsible for the payment of any duties or taxes.
•In accordance with Chinese export regulations, customs require TAKA to declare the exact value of the Order on the satchel, and it is the sole discretion of the custom agents to release the package.
•Where taxes and duties are refused to be paid by a Customer or a parcel is left unclaimed and it is subsequently returned to TAKA, the value of the order will not be refunded. No refunds will be issued for any parcels returned to TAKA where the parcel is unclaimed or duties are not paid.
PRE-ORDER ITEMS
A Pre-Order is the term used when a Good is unavailable for immediate shipment because it is in production to be shipped at a later date. The estimated date of delivery is displayed on the product page and the product is clearly marked as a pre-order online. Pre-Order items are not able to be cancelled once placed.
LIMITATION OF LIABILITY & INDEMNITY
•The Chinese Consumer Law guarantees certain conditions, warranties and undertakings, and gives the Customer other legal rights, in relation to the quality and fitness for purpose of consumer goods sold in China. These guarantees cannot be modified nor excluded by any contract. Nothing in these Terms purports to modify or exclude the conditions, warranties, guarantees and undertakings, and other legal rights, under the Chinese Consumer Law and other laws which cannot be modified or excluded. Except as expressly set out in these Terms and the Chinese Consumer Law, TAKA makes no warranties or other representations in relation to the supply of Goods. TAKA’s liability in respect of these warranties, representations, undertakings and guarantees is limited to the fullest extent permitted by law.
•The Customer agrees to use the Website at their own risk. The Customer agrees to indemnify TAKA, its affiliates, officers or directors from any third party claims, liability, damages and/or costs arising from the Customer’s use of the Website or breach of these Terms, including damages caused by virus or any incorrectness or incompleteness of the information on the Website or the supply or use of the Goods.
•TAKA does not accept responsibility for any loss or other detriment arising by reason of any theft, loss or damage to, or otherwise concerning any property belonging to the Customer.
•The Customer accepts upon Delivery all risk for loss or damage to the Goods whether caused by the Customer or not, and the Customer indemnifies TAKA against all claims, demands, suits and actions for loss or damage caused by or arising from the handling, transport, storage, display, installation, neglect or use of the Goods after the Customer has taken possession of the Goods. Risk in the Goods will remain with the Customer at all times unless TAKA retakes possession of the Goods.
LINKING TO THIS WEBSITE
•The Website may provide links to websites and access to content from third parties, including users and affiliates of TAKA.
•The Customer agrees that TAKA is not responsible for the availability of, and content provided on, third party websites. The Customer should refer to the policies posted by other websites regarding privacy and other topics before they use them.
•To the fullest extent permitted by law in no way will TAKA, its officers, agents and employees be held liable for any remedy at law or in equity for any loss or damage incurred from dealing with any third party.
WAIVER
•The failure of a party at any time to require any performance by another party of a provision of these Terms shall not affect in any way the full right of the waiving party to require that performance subsequently.
•The waiver by any party of a breach of a provision shall not be deemed a waiver of all or part of that provision or any other provision or of the right of that party to avail itself of its rights subsequently.
•Any waiver of a breach of these Terms shall be in writing signed by the party granting the waiver, and shall be effective only to the extent specifically set out in that waiver.
FORCE MAJEURE
If the performance of TAKA's obligations under these Terms is prevented, restricted or affected by a force majeure including strike, lock out, raw material shortage, breakdown of plant, transport or equipment or any other cause beyond the reasonable control of TAKA, TAKA will not be liable for any loss or damage suffered by the Customer or any other person.
GOVERNING LAW & JURISDICTION
These Terms contained herein shall be governed by the laws of China Republic and the Customer submits to the exclusive jurisdiction of the Courts of China to hear disputes arising under or in connection with these Terms and courts entitled to hear appeals from those courts.
SEVERABILITY
•The parties agree that all the provisions of these Terms are reasonable in all the circumstances and that each provision is and shall be deemed to be severable and independent.
•The parties agree that if part or all of any one or more provisions are judged invalid or unenforceable in all the circumstances, that portion shall be deemed to be deleted and shall not affect the validity or enforceability of the remaining provisions.
ENTIRE AGREEMENT
These Terms constitute the entire agreement between the parties as to its subject matter and supersedes and cancels all prior agreements, understandings and negotiations in connection with it and may only be altered in writing signed by all parties.
QUESTION OR CONCERN
Please do not hesitate to contact us at hi@takaoriginal.com and we will get back to you within 64 hours. Our customer service team are available from Monday- Friday.
PR/COLLABORATION/WHOLESALE INQUIRY ONLY
Please contact niki@takaoriginal.com