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Terms & Conditions

 

1. In General

In these Terms of Service, ‘”our”, “us”, “we” or “Qlocherie” means Qlocherie.com.

Qlocherie owns and operate this Website. This document governs your relationship with us. Access to and use of this Website and the goods and services available through this Website (collectively, the "Services") are subject to the following terms, conditions and notices (the "Terms of Service"). By using the Services, you are agreeing to all of the Terms of Service, as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms of Service.

Access to this Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of this Website.

This Website may contain links to other websites (the "Linked Sites"), which are not operated by Qlocherie. Qlocherie has no control over the Linked Sites and accepts no responsibility for them or for any loss or damage that may arise from your use of them. Your use of the Linked Sites will be subject to the terms of use and service contained within each such site.

2. Privacy & Cookies Policy

Our privacy and cookies policy, which sets out how we will use your information, can be found at our Privacy & Cookies Policy page. By using this Website, you consent to the collection, storing, processing and disclosure of your personal information described therein and warrant that all data provided by you is accurate and up to date.

3. Prohibitions

You must not misuse this Website. You will not: commit or encourage a criminal offense; transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person's proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as "spam"; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website. Breaching this provision would constitute a criminal offense and Qlocherie will report any such breach to the relevant law enforcement authorities and disclose your identity to them.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it.

4. Intellectual Property, Software and Content

The intellectual property rights in all software and content (including photographic images) made available to you on or through this Website remains the property of Qlocherie or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by Qlocherie and its licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise.

5. Terms of Sale

By placing an order you are offering to purchase the goods on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price.

Dispatch times may vary according to availability and subject to any delays resulting from postal delays or force majeure for which we will not be responsible. You can find our Shipping page for more information.

In order to contract with Qlocherie you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us. Qlocherie retains the right to refuse any request made by you.

When placing an order you undertake that all details you provide to us are true and accurate, that you are an authorized user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods. The cost of foreign products and services may fluctuate. All prices advertised are subject to such changes.

(a) Our Contract

When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order: this email will only be an acknowledgement and will not constitute acceptance of your order.

A contract between us will not be formed until we send you confirmation by e-mail that the goods which you ordered have been dispatched to you. Only those goods listed in the confirmation e-mail sent at the time of dispatch will be included in the contract formed.

(b) Pricing and Availability

Whilst we try and ensure that all details, descriptions and prices which appear on this Website are accurate, errors may occur. If we discover an error in the price and/or availability of any goods which you have ordered, we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price, availability or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund.Delivery costs will be charged in addition; such additional charges are clearly displayed where applicable and included in the 'Total Cost'.

Your credit or debit card issuer may charge currency conversion, transaction fees or any other fees in relation to your purchase. You will be responsible for these charges.  You are also responsible for any customs duties or similar taxes that may be imposed on you for any goods and services purchased from us.

(c) Payment

Upon receiving your order we carry out a standard pre-authorization check on your payment card to ensure there are sufficient funds to fulfil the transaction. Your card will be debited upon authorisation being received and only upon completion of this process will the goods be processed and dispatched.

(d) Discount/Coupon Codes

A discount/coupon code is only valid for a single transaction, and may not be used in conjunction with any other discounts.

(e) Gift Certificates

Gift certificates are only valid for a limited period and it should be used by the indicated date shown on it. We dispatch your gift certificate as soon as your payment has been fulfilled. Please make sure you check and input the correct information for the delivery email address as we are unable to accept responsibility if the gift certificate is used by someone else other than the intended recipient. We will also not be held responsible should gift certificates be delivered into spam filters, get deleted or stolen.

(f) Returns and Refunds

The majority of goods bought from Qlocherie may be returned or exchanged within 28 days of receiving the goods.

(i) If you receive goods that are faulty, please contact us within 7 days of receiving the goods. Qlocherie would be responsible for the return shipping fee.

(ii) If you wish to return goods that has no quality related issues, please contact us within 28 days of receiving the item. Regrettably we are unable to refund for change of mind or errors you made in your order but we allow exchanges. You will be responsible for all cost of postage.

(iii) For returns, the goods are to be unused, unwashed, with original labels and in their original packaging. Any returned goods that show signs of being washed or worn will be classified as ineligible for a refund or exchange.

(iv) For returning faulty goods, we require clear images of goods in their unworn and unwashed condition and showing the defects within 7 days of receiving the goods. This enables us to quickly confirm the defects and results in a swifter refund process for you.

(v) It is recommended to include the original order number within the return package to make the process more timely.

(vi) It is strongly recommended to return goods with postage that offers a tracking method or return receipt request such as DHL, UPS or FedEx. If a non-trackable shipping method is used, we are not responsible for items that are not received and will be unable to issue a refund or exchange.

(vii) All goods will be inspected on return. Our return policy is based on hygiene reasons due to the intimate nature of the majority of our products. As such, any used or washed goods or goods that are not in their original condition cannot be exchanged or refunded.

(viii) For any orders that qualifies for a refund, we will refund the monetary value of the goods returned to us at the price you purchased them within 14 days of Qlocherie receiving the returned goods.

(ix) Shipping and handling charges in the original purchase are not refundable. Qlocherie will not deduct any further costs when calculating the credit amount to be issued.

(g) Customs Duty

Some countries may charge a customs duty on goods entering their country. These duties are the responsibility of the purchaser. Qlocherie is not liable for any customs duty that may be imposed.

6. Rewards Program

Customers will be automatically entered into Qlocherie Rewards Program once they create a Qlocherie account and/or place their first order. Further, by accepting the rewards points, each customer agrees to release and hold harmless Qlocherie, its licensees, affiliates, subsidiaries, merchant partners, advertising and promotion agencies and their respective directors, officers, employees, representatives and agents from any and all liability for any injuries, loss or damage of any kind to person, including death, and property, arising in whole or in part, directly or indirectly, from acceptance, use or misuse of the rewards discounts or participation in any Rewards Program related activity.

Qlocherie reserves the right at its sole discretion to modify, suspend or cancel the Rewards Program without notice. We also reserve the right to revoke reward points if we feel the participant has tried to abuse the Rewards Program in any way, for any conduct that we, in our sole discretion, believe is in violation of acceptable usage of our Rewards Program.

This Rewards Program is void where prohibited by law. Qlocherie reserves the right, at its sole discretion, to disqualify any individual it finds, in its sole discretion, to be tampering with the entry process or the operation of the Rewards Program; to be in violation of the Terms and Conditions of the web site, to be acting in violation of the sites Policies and Procedures; or to be acting in a non-sportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. Any use of robotic, automatic, macro, programmed or like entry methods will void all such entries by such methods. In the event of a dispute as to entries submitted by multiple users having the same e-mail account, the authorized subscriber of the e-mail account used to enter the Rewards Program at the actual time of entry will be deemed to be the user and must comply with these rules. Authorized account subscriber is deemed to be the natural person who is assigned an e-mail address by an Internet access provider, on line service provider or other organization, which is responsible for assigning e-mail, addresses or the domain associated with the submitted e-mail address. Qlocherie will prosecute any fraudulent activities to the full extent of the law.

7. Disclaimer of Liability

The material displayed on this Website or on our Social Media pages is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law Qlocherie and its suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website or on our Social Media pages or the Linked Sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise. This does not affect Qlocherie's liability for death or personal injury arising from its negligence, fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.

8. Linking to this Website

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission without notice.

9. Disclaimer as to ownership of trade marks, images of personalities and third party copyright

Except where expressly stated to the contrary all persons (including their names and images), third party trade marks, content, images, services and/or locations featured on this Website are in no way associated, linked or affiliated with Qlocherie and you should not rely on the existence of such a connection or affiliation. Any trade marks/names featured on this Website are owned by the respective trade mark owners. Where a trade mark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to Qlocherie.

10. Indemnity

You agree to indemnify, defend and hold harmless Qlocherie, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use this Website or your breach of the Terms of Service.

11. Variation

Qlocherie shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the Services and/or any page of this Website.

12. Invalidity

If any part of the Terms of Service is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Service will not be affected all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.

13. Complaints

We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments.

14. Waiver

If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.

15. Entire Agreement

The above Terms of Service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and Qlocherie. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by a Director of Qlocherie.

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