Terms & Conditions
GENERAL
These Terms & Conditions give you all the information you need if you buy at our online shop. The Terms & Conditions, together with the documents referred to, are specific when you use our website and shopping with us online and apply to all form of contacts between you and TOKAH. We have also other important terms that we like you to read including our Privacy & Cookie Policy and terms about Shipping & Returns. Please read these documents carefully before ordering any products from TOKAH. You should understand that by using our site or ordering products on our website, you agree to be bound by these Terms & Conditions and Policies.
The before mentioned Terms and Policies are accessible for anyone via the homepage https://www.tokahworld.com.
These Terms and Conditions and the Policies may change from time to time so please check these any time before making any purchase.
THE COMPANY´S IDENTITY
TOKAH B.V., a company established under the laws of The Netherlands. We may also trade under the names, Tokah, Tokahworld.com, Tokah.World, Tokah.Store or Tokah.nl. TOKAH is located and can be contacted at:
Business address: Prins Mauritslaan 22, 5263 AX Vught, The Netherlands.
Telephone number: +31 (0)6 270 17 725
E-mail address: info@tokahworld.com
Chamber of Commerce number: 70462259
Our VAT number: 858327223B01
INFORMATION ON OUR WEBSITE
We try our best to make sure that all information on our website, including descriptions of our products and listed prices are accurate at all times. However, if we do make a mistake we’ll try to resolve it as soon as possible, and if we spot that an error has affected your order we’ll do our best to let you know.
When browsing our website the colors of products may vary depending on your display settings.
Images on our website are for illustration purposes only. For an accurate description of any product and details of what is included with the product, please read the product description.
All products are subject to availability and so we may not be able to supply your order. In unforeseen circumstances and with or without notice we may have to stop selling products either temporarily or permanently.
Please make sure that your login details, password and all your other account details remain confidential at all times. If you know or suspect that the security of your account is at risk, you should contact us.
You can only purchase from Tokah if you are aged 18 or over. You will need an active email address and a telephone number so that we can easily contact you.
For our jewelry we use only high quality stones. Due to the special characteristics of natural stone, size and color of the beads can slightly vary.
All products sold through Tokah are intended as jewelry only. So there are not designed with kids in mind and our jewelry is certainly no toy. We accept no liability if our products are in the hands of children.
PRICING
If we discover an error in our pricing we will inform you as soon as possible and you will then be given the option of cancelling or re-confirming your order at the correct price. If for any reason we are unable to contact you using the contact details you have provided we will treat the order as cancelled and notify you by email. Any cancelled orders will be refunded within 14 days of notice of the cancellation.
Unless otherwise stated all prices shown are inclusive of VAT and other applicable taxes, in accordance with the Dutch legislation. The product prices shown do not include the delivery fee. We offer you free shipping worldwide. In case an order will be shipped to a delivery address outside the EU, the Dutch VAT will be removed at the checkout.
Please note: in case of an order that is shipped to an address outside the EU, you may be subject to duties and taxes, which are levied when the shipment reaches the specified delivery address. You will be responsible for payment of such duties and taxes. It should be noted that TOKAH has no control over these charges and, since these charges are different for different countries, TOKAH cannot predict their amount. TOKAH advises you to contact the local customs office for further information.
ORDERING PROCESS
Ordering
Your order counts as an offer to purchase goods from us. After placing your order, you will receive an Order Acknowledgement (confirmation ) by email. This contains details of the products you have ordered, the total cost of the order (including delivery) and an order number. Acceptance of your order will take place when we dispatch the product(s) to you. Until we dispatch the product(s), no contract will have been formed between us.
Although we hope to be able to supply all products ordered, we reserve the right, at our discretion and without the need to give reasons, not to accept any offer at any time. If we refuse your order we will let you know as soon as reasonably possible.
You can pay with all major credit cards, pay pal, ideal or TOKAH Gift Card.
We will take payment from your card at the time you place your order. Taking payment does not mean we have accepted your order and if for any reason we are unable to accept your order we will provide you with a full refund within 14 days.
Cancellation of the order
If you change your mind and you want to cancel your order, please do this as soon as possible to avoid unnecessary costs. You can cancel your order just by informing us at service@tokahworld.com.
In case you wishes to cancel your order, while the shipment of your order has already left our warehouse, the costs and risks of the return shipping to Tokah will be your responsibility. This will also be the case if the shipment/order has not yet arrived at your address. If also import taxes, duties or customs (administrative) costs are due, you are responsible for these costs too.
When you are to late to cancel the order, the best thing to do is contact us at service@tokahworld.com. We will try to help you to prevent or limit the costs.
REFLECTION PERIOD /RETURNS
Reflection period
It’s important to us that you’re happy with your Tokah bracelet. So we care about your satisfaction. We trust the custom-made jewelry matches your expectations. If not and you want to change your mind, you can return your product within 30 calendar days after receiving the item. Just inform us within this period at service@tokahworld.com. After 30 calendar days, refunding is not possible. You are responsible for all expenses and risks related to the return shipment.
For a full refund, we only accept bracelets which are in new and unused condition. This means that the original Tokah-tag is attached and that the bracelet is returned in the original undamaged storage box.
There is a restocking fee of EUR 25 per order.
We will refund the price you paid for the bracelet decreased by the restocking fee. We credit the refund to the card that you made payment with. However, please note that we may reduce your refund to reflect any reduction in the value of the product, if this has been caused by your handling them in a way which goes beyond what is necessary to return the product. Unless faulty, we may refuse the return or offer an gift card only if the returns criteria are not fully met.
If you return products from outside the EU, you are responsible for overseas shipping costs, and for all incurred delivery fees, VAT taxes and import surcharges. (Make sure to contact us before returning a bracelet, we will support you in trying to prevent these fees).
Please keep the following in mind to be secured of a full refund:
– Notice us within 20 days at service@tokahworld.com
– Wait for – and follow- our instructions, so we can assist you in preventing/limiting costs
– You send it to Tokah within 30 days after you have received your order.
– The jewelry is in ‘’as-new’’ condition, with the original storage box and bag, and an undamaged and unremoved Tokah-tag.
– If your return does not meet the required conditions, we will not be able to issue the refund and the package will be sent back to you
– We charge a handling fee of EUR 25.
– Any refund will at maximum be the price paid for the product diminished with the restocking fee of EUR 25.
– You are responsible for all riks/costs/expanses regarding the return, including shipping costs. Keep in mind that returns from outside the EU can be subject to taxes and import fees.
We advise you to return your jewelry within an insured and ‘’signature required’’ delivery method. You can send your package to:
Tokah
Att. RETURN
Prins Mauritslaan 22
5263 AX Vught
The Netherlands
Damaged or incomplete products
In the case that your package is damaged or incomplete, please notice us as soon as possible at service@tokahworld.com so we can help you.
You have to wait for further instructions from our side. Please keep any damaged product so that we can inspect it at a later date. If you dispose of any damaged product before we have had the opportunity to inspect it, then this affects any claim. We will always attempt to replace any damaged product. However if we are unable to do so we will refund you with the full amount you have paid for the product increased with the shipping costs you made.
If you return the product in this situation, without contacting and awaiting the instructions of TOKAH, you cannot claim the cost you make for the return shipment.
Please keep the following in mind to be secured of a full refund:
– You notice us within 5 days after receiving your package at service@tokahworld.com.
– Wait for – and follow- our instructions
– You notice us within 30 days after receiving your package at service@tokah.shop.
– You send the damaged product to Tokah within 45 days after you have received your order.
– After we received your package, we will always attempt to replace the damaged product. However if we are unable to do so we will refund you with the full amount you have paid for the product increased with the shipping costs you made.
We advise you to return your jewelry within an insured and ‘’signature required’’ delivery method.
You can send your package to:
Tokah
Att. RETURN
Prins Mauritslaan 22
5263 AX Vught
The Netherlands
DELIVERY PROCESS
TOKAH offers free shipment on all purchases.
The place of delivery is the address given by you. Make sure that your data is accurate and the address exists. We cannot ship to APO/FPO/DPO address.
In case anything goes wrong with the shipment of an order, due to an error in the delivery address, TOKAH cannot be held responsible for the (partial) loss of the order.
Delivery time
The delivery time takes up 1 to 7 business days, depending on country and location. More specific information about the delivery time is given at the order check out (also at https://www.tokahworld.com/faq/ – shipping information). Please keep in mind that these times are just an indication.
Your order may be subject to import duties and taxes. Since these fees are different for different countries, we do not include those duties in our prices. You are liable for all import duties, customs and local sales taxes levied by the country you are shipping to; payment of these is necessary to release your order from customs on arrival.
We are obliged, by law, to disclose the content and value of the package to the customs. We cannot adjust this value.
If an delivery is refused, you are responsible for all costs regarding this refusal. Such as shipping costs or additional duties. Please contact us at service@tokahworld.com, so we can help you to minimize these costs
The risk of loss and/or damage to products will be worn by TOKAH until the time of delivery to you (or a representative appointed in advance).
We only work with international shipping providers with a proven track record. We will not be responsible for any losses incurred due to a delay in delivery arising out of any cause beyond our control.
Missing order
In case the order that has been shipped or is being shipped, is missing, went missing, or in case you claim that you did not receive the order (despite information such as the track & trace data / carrier information, indicating otherwise), the complaint procedure of the carrier will be started and the outcome of this procedure will be awaited, before any refund or re-shipment shall take place. The outcome of the complaint procedure is binding for both of us. You must fully cooperate with the complaint procedure of the carrier. In case of a shipment that went missing as the result of an error by the carrier (and after the complaint procedure of the carrier has been completed), TOKAH will either refund or we will try to re-ship the ordered product.
In case a shipment 15 days after the shipment date still has not been delivered at the delivery address you provided, you have the obligation to inform TOKAH within 10 days (so: ultimately 25 days after the shipment date).
SECURITY
We will do our best to check our website for viruses but we do not warrant that the website is free of viruses or other malicious content.
Please make sure that your login details, password and all your other account details remain confidential at all times. If you know or suspect that the security of your account is at risk, you should contact us at: service@tokahworld.com.
LIABILITY
Our entire liability to you under these General Terms and Conditions and before mentioned Policies shall not exceed the price paid for the goods you have purchased at TOKAH, provided that we take reasonable care when we deliver the goods to you.
We will not be liable to you for any loss of revenue, profits, anticipated savings, goodwill or business opportunity, for any injury to your reputation or for any losses that are not reasonably foreseeable by both of us at the time your purchase is made or your order is accepted.
We do our best to ensure that our website operates properly at all times, but we make no warranties as to the availability or accessibility of our website, and we will not be liable for any damages, loss, costs or expenses incurred by you as a result of any lack of availability or accessibility of our website.
We will not be liable for any losses you sustain as a result of updating or modifying our website.
We will not be responsible for any damages, delivery delay or failure to comply with these General Terms and Conditions or the Policies if the damages, delivery delay or failure arises from any event which is beyond our reasonable control. Such events would include (but are not limited to) fires, floods, earthquakes, storms, natural disasters, war, civil unrest, acts of terrorism or malicious damage to or destruction of our premises, equipment or goods.
All products sold through Tokah are intended as jewelry only. So there are not designed with kids in mind and our jewelry is certainly no toy. We accept no liability if our products are in the hands of children.
Despite the limitations in paragraphs above, we do not in any way limit our liability to you for death, personal injury or fraud. With regards to our liability for death and personal injury our liability is limited [1) per annum to an amount in total of Euro 2.500.000, regardless of the events in that year triggering said liability] [2) up to a maximum of the amount of the payment made by the insurance company in these events, if and insofar as the liability is covered by insurance.] [3) up to a maximum of the amount of the payment made by the insurance company, if and insofar as the liability is covered by insurance in these events. In the event these events are not covered by insurance, our liability is then limited per annum to an amount in total of Euro 50.000, regardless of the events in that year triggering said liability.]
Where you buy as a consumer, these general terms and conditions and the policy will not affect your rights under the applicable law which cannot be otherwise excluded
WAIVER
If you breach these General Terms and Conditions or the Policies and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach the general terms and conditions or returns policy.
INVALIDITY
In the event that one or more of the terms set out in these General Terms and Conditions or in the Policies are held to be invalid by a competent authority, the remaining terms shall continue to have effect and you will still be bound by them.
LINKS AND SHARING
On our website we provided links or opportunities to share (via social media, blogs etc.) solely for your use and convenience. The link does not represent any approval or recommendation by us and does not mean that we have any connection with the linked website. We are not responsible for the content of any websites that are linked to or from our website. Nor are we responsible for the legal consequences of your entering into any contracts with the third parties that provide these linked websites and we do not accept any liability for any loss, damage, expense, costs or liability whatsoever incurred by you as a result.
Please note that if you do share content onto other platforms, separate terms and conditions may apply. Please check the terms and conditions of any site you intend to share to.
WHAT YOU CANNOT DO AT OUR WEBSITE
If you use our website, we want you to do this respectfully. By this we mean (among other things) that you act in accordance with the legal regulations and habits on internet. We also want you to act honestly and provide us with accurate (no false) information. In short: your behaviour shows no nuisance to others. This means you cannot (not restricted):
– give any false information in your account details;
– take another person’s identity without that person’s permission or misrepresent you are acting on behalf of a person, entity or organisation;
– engage in any illegal or unlawful conduct;
– interfere or disable any security related features of the site or features that prevent or restrict use or copying of the content accessible via the site;
– modify, interfere, intercept, disrupt or hack the site;
– use the site if we have suspended or banned you from using it;
– send junk, spam or repetitive messages;
– undertake actions which would harm the site by knowingly introducing viruses, Trojans, worms, logic bombs or other similar material on the site or by, any site user’s equipment or have a detrimental impact on any site user’s experience of using the site;
– collect any data from the site;
– submit or contribute any content that is abusive, threatening, obscene, untrue, shocking or offensive;
– abuse, harm or bully another site user, member of our staff or person;
– submit or contribute any user content without the permission of the content owner or otherwise infringe the copyright, trademark or other rights of third parties;
– submit or contribute any information or commentary about another person which is untrue, private, confidential or defamatory (including personally accusing another person of unproven criminality or serious wrongdoing which could damage their reputation in the eyes of anyone reading your comment).
If you breach the above mentioned terms, we may prevent you from using this website on a permanent or temporary basis. We can also take other action including but not limited to reporting you to the police or other law enforcement body, issue a warning or take legal action against you and pursue any costs we incur as a result of doing this.
COMPLAINTS AND DISPUTES
In the event you have a complaint regarding a product purchased from TOKAH, please contact us at service@tokahworld.com. If the complaint cannot be solved in joint consultation, there will be a dispute,
exclusively governed by Dutch law. The disputes between EU-citizens and TOKAH can be submitted by both you and TOKAH to Geschillencommissie Webshop, Postbus 90600, 2509 LP,The Hague (Den Haag) (www.sgc.nl).
PRIVACY
Personal information, such as your contact details, that you provide to us during the order process will be kept and used by us in accordance with our Privacy & Cookie Policy. This includes:
– your right to see, to amend or to delete your personal data, by logging into your account on https://www.tokahworld.com.
– that we will not sell your personal data to any third party. When we share your data is for purposes of fulfilling the order process or our business interests.
– your allowance to use your data for advertising to you
– in case you have send us photos or images of you and our products, we are entitled to use these photos or images on our website or social media accounts for promotional purposes.
APPLICABLE GOVERNMENT LAW
Dutch law applies exclusively to all offers, contacts or legal relationships between you and TOKAH, regardless the country from which you place an order and regardless the country to which the order will be shipped.
This Terms & Conditions were last updated in October 2018.