Terms & Conditions
You are visiting a Website that is property of Cloak & Dapper, LLC, and/or its affiliates or subsidiaries. The following TOS and Service (collectively the “TOS”) govern your use of the Website (“Site”) and its contents, as defined below.
By accessing and using this Website you accept and agree to be bound by the terms and provisions of this agreement. In addition, when using Cloak & Dapper’s Website, you shall be subject to any posted guidelines or rules applicable to such services, which we reserve the right to update or modify at any time. All such guidelines or rules are hereby incorporated by reference into the TOS.
Any participation in this Website will constitute acceptance of this agreement. If you do not agree to all the terms and conditions set forth herein, please do not use this Website.
Please read the TOS and check back often for any modifications. If you do not agree to any change in the TOS, then you must immediately stop using the Website.
Unless otherwise noted, the design of the Site, the Site as a whole, and all materials that are part of the Site (collectively, ‘Contents’) are copyrights, trademarks, trade dress or other intellectual properties owned, controlled or licensed by Cloak & Dapper or its subsidiaries and affiliates. The Contents are intended solely for your personal, non-commercial use. You may copy other Contents displayed on the Site for your personal, non-commercial use only. No right, title or interest in any Contents is granted or transferred to you as a result of any such copying. Except as noted above, you may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, any of the Contents or the Site. Unauthorized use of the Contents is expressly prohibited by law, and may result in severe civil and criminal penalties. Cloak & Dapper reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
To use some of the services or features made available to you on this Website you will need to register. When you register you are required to provide information about yourself that is true, accurate, current, and complete in all respects. Should any of your registration information change, please notify us immediately at the following e-mail address [email protected]. We may also change registration requirements from time to time.
The account password you provide should be unique and kept secure, and you must notify Cloak & Dapper immediately of any breach of security or unauthorized use of your account. Although Cloak & Dapper will not be liable for your losses caused by any unauthorized use of your account, you may be liable for Cloak & Dapper’s losses or others due to such unauthorized use.
Eligibility to Purchase
The purchase of merchandise through Cloak & Dapper is strictly limited to parties who can lawfully enter into and form contracts on the Internet in accordance with the laws of the State of Florida.
In order to make purchases on the Website you will be required to provide your personal details. In particular, you must provide your real name, phone number, e-mail address and other requested information as indicated. Furthermore, you will be required to provide payment details that you represent and warrant are both valid and correct and you confirm that you are the person referred to in the Billing information provided.
The Website is available only to individuals and others who meet the Cloak & Dapper terms of eligibility, who have been issued a valid credit/debit card by a bank acceptable to Cloak & Dapper, whose applications are acceptable to Cloak & Dapper and who have authorized Cloak & Dapper to process a charge or charges on their credit/debit card in the amount of the total purchase price for the merchandise which they purchase. Cloak & Dapper reserves the right to restrict multiple quantities of an item being shipped to any one customer or postal address.
Furthermore, you agree that we may use Personal information provided by you in order to conduct appropriate anti-fraud checks. Personal Information that you provide may be disclosed to a credit reference or fraud prevention agency, which may keep a record of that information.
Product Information and Availability
Cloak & Dapper attempts to be as accurate as possible with our product descriptions and availability information. However, Cloak & Dapper does not warrant that product descriptions or other content of this Website are accurate. In addition, the actual colors you see will depend on your monitor and may not be accurate. We apologize for any inconvenience this may cause you. If a product offered by Cloak & Dapper itself is not as described, you may return it in its original condition. Please see our return policy. Product availability is not guaranteed. If a product is not available when your order processes we will notify you by email.All orders are subject to acceptance and availability, and items in your shopping basket are not reserved and may be purchased by other customers. Cloak & Dapper offers products for sale that are in stock and available for dispatch from our headquarters. Cloak & Dapper will store a record of your transactions for a minimum of one year.
Prices shown on the Website are in US Dollars and are exclusive of taxes. If you are shipping within the USA, sales tax will only be charged on orders shipped to Florida. No other tax or import duty will be applied to orders shipped within the USA.
All prices and offers remain valid as advertised from time to time. The US Dollar price of a product displayed on the Website at the time the order is accepted will be honored, except in cases of patent error. These prices are subject to change if the applicable currency exchange rate changes before your order is accepted or the items are subject to markdowns at any time during the selling period.
Despite our best efforts, items on our Website may occasionally be mis-priced. If we discover an error in the pricing of a product in your order, we will let you know as soon as possible. We shall be under no obligation to accept or fulfill an order for a product that was advertised at an incorrect price and reserve the right to cancel such an order that has been accepted or is in transit. If you order a product that is priced incorrectly for any reason, we will email or telephone you to inform you that we have not accepted your order and/or that the relevant part of your order has been cancelled. If you have already paid for the goods, we shall refund the full amount as soon as we are able. In the event that products are recalled in transit, we will process your refund once the products have been returned to us.
Payment can be made by Visa, MasterCard and American Express, and any other methods which may be clearly advertised on the Site from time to time. By making an offer to purchase merchandise you expressly authorize us to perform credit checks and where Cloak & Dapper feels necessary, to transmit or to obtain information (including any updated information) about you to or from third parties, including but not limited to your credit/debit card number or credit reports (including credit reports for your spouse if you reside in a community property jurisdiction), to authenticate your identity, to validate your credit/debit card, to obtain an initial credit/debit card authorization and to authorize individual purchase transactions. All credit/debit card holders are subject to validation checks and authorization by the card issuer. If the issuer of your payment card refuses to authorize payment to Cloak & Dapper, we will not be liable for any delay or non-delivery.
If you are a registered Cloak & Dapper user, we will securely store your credit/debit card details on our systems. These details will be fully encrypted and only used to process card transactions which you have initiated.
Acceptance of Your Order
Once you have made your choice and your order has been placed, you will receive an email acknowledging the details of your order. This email is NOT an acceptance of your order.
Unless you cancel your order, acceptance of your order will be perfected upon completion of the packing of your order. Completion of the contract between you and Cloak & Dapper will be perfected when we dispatch the goods to the third-party supplier at which time you will receive a second email containing you tracking number, and confirming that your order has been dispatched. The sale contract is therefore concluded in the State of Florida, USA, and the language of the contract is English. Neither our third party payment processor nor our nominated courier has the authority to accept an order on behalf of Cloak & Dapper.
We reserve the right not to accept your order in the event, for example, that we are unable to obtain authorization for payment, that shipping restrictions apply to a particular item, that the item ordered is out of stock or does not satisfy our quality control standards and is withdrawn, or that you do not meet the eligibility criteria set-out within the Terms & Conditions.
We may also refuse to process and therefore accept a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of our withdrawing any merchandise from the Site whether or not that merchandise has been sold, removing, screening or editing any materials or content on the Site, refusing to process a transaction or unwinding or suspending any transaction after processing has begun.
For complete information on Cloak & Dapper’s Shipping Policy, visit the Shipping Policy page located in the footer.
Risk of Loss
All items purchased from Cloak & Dapper are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
Returns and Exchanges
For complete information on Cloak & Dapper’s Returns and Exchanges Policy visit the Return Policy page located in the footer.
Links to Other Websites and Services
We may provide links to the Websites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their Websites. Cloak & Dapper does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.
No Commercial Use
This Site is for your personal non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any Content, software, products, or services contained within this Site. You may not use this Site, or any of its Content, to further any commercial purpose, including any advertising or advertising revenue generation activity on your own Site.
You agree to defend, indemnify and hold Cloak & Dapper harmless from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your use of the Sites and/or your breach of any representation, warranty, or other provision of the TOS.
These terms are effective unless and until terminated by either you or Cloak & Dapper. You may terminate this agreement at any time. Cloak & Dapper also may terminate this agreement at any time without notice, and accordingly may deny you access to the Sites, if in our sole judgment you fail to comply with any term or provision of the agreement. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.