Introducing V-BouM Hub: Tack & Tact's Trade Facilitation Tool

Tack & Tact's V-BouM Terms and Conditions

1. Introduction

By accessing or using Tack & Tact’s V-BouM services, you agree to these Terms and Conditions ("Terms"). These Terms are designed to comply with the General Data Protection Regulation (GDPR), California Consumer Privacy Act (CCPA), California Privacy Rights Act (CPRA), Protection of Personal Information Act (POPIA) of South Africa, and Nigeria Data Protection Regulation (NDPR). These Terms also include critical provisions related to shipping policies for global buyers.

2. General Overview

2.1 Definitions

• “Platform” refers to Tack & Tact’s e-commerce website and related tools supporting transactions.
• “Retailer” refers to businesses or individuals listing products for sale.
• “Buyer” means individuals or entities purchasing products or services.

2.2 Service Agreement

By using the platform, you confirm you are at least 18 years old and legally capable of entering into binding agreements. Use for prohibited or illegal purposes is strictly forbidden.

2.3 Amendments / Updates to These Terms

Tack & Tact reserves the right to modify these Terms at any time. Periodic material changes, especially affecting shipping policies, will be communicated clearly and promptly. Continued use of our services after updates constitutes acceptance of the revised Terms.

3. Retailer Terms

3.1 Account Creation and Management

Retailers must meet the following requirements when registering for a seller account on Tack & Tact V-BouM platform:

• Accurate and Verifiable Information: Retailers are required to provide (upload) upon demand clear copies of accurate, verifiable information, including a valid government-issued photo ID of the business owner (whose name is on the official documents and the RCCN (Registre du Commerce et du Credit Mobilier), mandated under OHADA Uniform Act on General Commercial Law (Article 41), and preferred payment account details (Debit Card, mobile wallet, or bank account).

U.S.-based sellers must provide a valid Employer Identification Number (EIN) or Virginia tax ID, as applicable to help comply with U.S. state and federal regulations.

• Authorization for Verification: By signing up, retailers authorize Tack & Tact to verify the accuracy of their details (photo ID, RCCN, and linked payment method).
• Data Protection Compliance: All personal data provided during registration will be handled in compliance with applicable data protection laws and used solely for verification purposes. We handle your personal data securely and in line with the GDPR, CCPA/CPRA,POPIA, and NDPR. To ensure transparency, we’ll keep you informed about how your data is used, including sharing it with trusted partners or authorities to meet legal requirements and help prevent fraud or money laundering. With these laws, you have rights like accessing, updating, or deleting your information whenever you need.

By actively checking the “open account” box and proceeding to the next registration step, you confirm that you have read, understood, and agreed to these terms and conditions, including how your data will be handled for legal and regulatory purposes, such as fraud prevention and anti-money laundering.

Retailers are also responsible for securing their login credentials and maintaining control over all account activity to ensure a safe and trustworthy marketplace.

3.2 Listings and Inventory

• Product listings must include truthful descriptions, images, and pricing. Misrepresentation or counterfeit goods are strictly prohibited.
• Retailers must manage inventory to avoid overselling and ensure timely updates of stock availability.

3.3 Payments and Payouts

• Payout Confirmation:
  • Retailer payouts will only be made after Tack & Tact confirms that products have been received by buyers.
• US-Based Retailers:
  • Payments to US-based retailers will be processed via ACH transfers or debit cards.
• International Retailers:
  • Payouts will be handled using Western Union or MoneyGram to their bank account, mobile wallets or other payment methods accepted by the local financial institutions in the retailer's region. Tack & Tact will not use cash payout means.

Payments for completed transactions, minus Tack & Tact’s fees where applicable, will be processed within 2-5 business days after confirmation of receipt.

Fees and deductions include Tack & Tact’s commission and transaction-processing charges, disclosed during account setup.

3.4 Refunds and Cancellations

• Retailers must abide by Tack & Tact’s return and refund policy. Failure to comply may result in delayed or withheld payouts.
• Chargeback claims against Retailers due to non-delivery or defective items will be investigated, and recurring issues may lead to account suspension.

4. Buyer/Shoppers Terms

4.1 Placing Orders

• Buyers are required to provide accurate billing and shipping information. Payment for orders is taken at the time of purchase.
• Tack & Tact accepts Visa, Mastercard, and American Express credit or debit cards as payment methods.

4.2 Returns and Refunds

In accordance with Tack & Tact return and refunds policy displayed separately, Buyers may request refunds or returns in the following scenarios:

• If the delivered product is defective or damaged.
• If the product received is significantly different from what was described in the listing.
• If the product is not delivered within the stated timeframe.

Refund requests must be submitted with supporting evidence (e.g., photographs of the product, etc.) within 7 calendar days. Refunds are processed once Tack & Tact has verified the claim.

5. International Sales

5.1 Compliance with Laws

• International sales must comply with U.S. export laws and the import/customs regulations of the destination country.
• Retailers and Buyers are responsible for ensuring shipments meet all legal compliance standards.

5.2 Duties and Taxes

• Buyers purchasing goods for international delivery are responsible for additional fees, including customs duties, import taxes, or brokerage fees.
• Tack & Tact is not liable for delays or additional costs arising from customs processing or non-compliance.

5.3 Shipments to Tack & Tact Warehouses

• Where Tack & Tact offers warehousing, distribution, or fulfillments services, goods shipped to these facilities remain the responsibility of the seller until they are received and processed.
• Sellers are responsible for ensuring goods are appropriately packaged, labeled, and shipped to Tack & Tact’s facilities in compliance with all applicable regulations. Tack & Tact assumes no liability for damaged or lost goods arriving at its facilities.

5.4 Address Limitations and Local Facility Pickups

• If a buyer's address is not clearly defined or postal services are unavailable in their area, Tack & Tact will notify the buyer via telephone and email of the goods’ arrival. Buyers are then responsible for picking up their items from a designated local facility.

5.5 Perishable Products

• Perishable products are not eligible for international sale. Such items may only be sold to local buyers within the same region for timely delivery and preservation of quality. Sellers must clearly designate perishable items as local/regional sale only.

5.6 Restrictions

Products prohibited by international shipping laws (e.g., hazardous materials, restricted goods) cannot be sold or shipped through the platform. Tack & Tact reserves the right to remove listings or block sales that violate these policies.

5.7 Shipping Conditions for Global Buyers

For buyers outside the U.S. and Africa, the following terms apply to shipping:

• Shipping Timelines:
  • Estimated delivery timelines will be provided during checkout but may vary based on location, carrier availability, customs clearance procedures, and other factors outside of our control.
  • Buyers acknowledge that shipping to locations outside the U.S. and Africa may experience additional delays that are beyond Tack & Tact responsibility.
• Customs, Taxes, and Duties:
  • Buyers are responsible for paying any applicable customs, import taxes, or duties imposed by the destination country.
  • Tack & Tact is not responsible for delays or refusals caused by unpaid customs or tax obligations.
• Acceptance of Shipping Terms:
  • Buyers from regions outside the U.S. and Africa (including Europe, Asia, Oceania, Latin America) must explicitly agree to the shipping terms, including potential delays and their responsibility for all customs-related matters, before completing a purchase.
• Tracking and Communication:
  • Tracking information will be provided wherever possible. However, availability of tracking depends on the carrier and the destination country's postal system.
  • Buyers must provide accurate shipping information to ensure successful delivery. Tack & Tact is not liable for delivery failures due to incorrect or incomplete addresses.
• Shipping Restrictions:
  • Certain items may be restricted from shipping to specific countries due to local regulations. Buyers are responsible for ensuring compliance with their country's import laws.
• Lost or Damaged Goods:
  • Tack & Tact will work with shipping carriers to trace lost goods or resolve damage claims but cannot guarantee outcomes for international shipments.

Buyers are encouraged to review shipping options and estimated delivery times carefully before placing an order.

6. Intellectual Property Rights

6.1 Ownership

• Tack & Tact retains ownership of all intellectual property related to V-BouM Hub (the platform), including its logos, trademarks, software, and system architecture. Unauthorized use is strictly prohibited.

6.2 Limited Permission for Use

• Users are granted a limited, non-exclusive, non-transferable license to access and use the platform strictly for its intended purposes— buying, listing, or managing transactions.
• Any other use of the platform, its systems, or intellectual property—such as reverse engineering, scraping, modifying, or copying— is strictly prohibited.
• Users may not access, attempt to access, or tamper with any parts of the platform beyond what is necessary for standard use.

6.3 Violations

• Users may not sell, upload, or distribute products or content that infringe on third-party copyrights, trademarks, or intellectual property rights.
• Breaches of intellectual property restrictions may result in account suspension, termination, and potential legal action.

7. Data Privacy and Security

What We Collect:

• Personal details, including name, contact information, and shipping address.
• Transaction and payment details where necessary.

Purpose:

• To fulfill orders, provide customer support, and improve your experience.

Your Consent:

• Data is processed only after obtaining appropriate consent.

7.1 Your Rights

You have rights, including access to your data, correction, deletion, restriction of processing, and objection to data uses such as profiling or data sales. Refer to relevant subsections for country-specific rights and contact us at support@vboum.tacktact.com for assistance.

7.2 Consent and Age-Specific Requirements

Consent for data processing will follow regional requirements, including for U.S. laws (CCPA/CPRA), EU/GDPR, and Africa-specific regulations (POPIA, NDPR). These align with age-specific consent rules by region.

7.3 Data Sharing, Sale, and Cross-Border Transfers

The terms prohibit data sales without explicit permission. Cross-border transfers comply with international data protection laws, such as GDPR and POPIA, ensuring safe handling in situations where data passes through multiple jurisdictions.

For detailed shipping processes involving cross-border data (tracking or shipping partner integration), buyers approve transfer of delivery-related details for logistical purposes only.

7.4 Data Security

We use robust measures to protect your information but can't guarantee total security of shipping-related data during communication with third- party carriers.

7.5 Data Breach Notifications

Buyers and relevant authorities will be notified per applicable laws in the event of a data breach.

8. Prohibited Activities

The following activities are prohibited on the platform and may result in account suspension or termination:

1. Selling illegal or counterfeit goods.
2. Committing fraud or exploitative behavior, including false claims.
3. Posting defamatory, violent, or misleading content.
4. Breaching Tack & Tact security or system integrity.

9. Dispute Resolution

9.1 Claims and Mediation

Disputes between users must first be resolved via the platform’s communication or claims system. If disputes cannot be resolved, Tack & Tact’s mediation team will issue an "unsettled claim" letter. This letter will allow users to seek paid services from local mediators in accordance with OHADA (Organization for the Harmonization of Business Law in Africa) rules, as established under the OHADA Uniform Act on Arbitration and Mediation (Articles 1-34).

9.2 Buyer and Retailer Responsibility

Both Buyers and Retailers agree to cooperate with Tack & Tact during the dispute resolution process and provide all required evidence promptly.

9.3 Mediation Process and Limits

• For Africa-Based Parties:

  Disputes involving claims of $10,000 or less between Africa-based parties shall be resolved through mediation under the rules of OHADA (Articles 1-5 of the OHADA Uniform Act on Mediation), unless Tack & Tact is a party to the dispute. If Tack & Tact is involved, the mediation and arbitration process shall be governed by U.S. legal codes, including the Federal Arbitration Act (9 U.S.C. §§ 1-16) and Virginia arbitration laws as provided under the Virginia Uniform Arbitration Act (§ 8.01-577.1 et seq.).

  The mediation outcome cannot impose a monetary penalty greater than 75% of the claim's value. Additionally, the combined value of the claim and mediation costs (excluding mediator fees) must not exceed $9,999 plus 75%. If this limit is exceeded, the case will move to the arbitration process outlined below.

  If mediation does not resolve the issue within 30 days from the start, either party may seek applicable remedies under the OHADA Uniform Act on Arbitration (Articles 1-34), and the seller's local courts shall retain jurisdiction.

• For U.S.-Based Parties:

  Disputes between U.S.-based parties, including those involving Tack & Tact, shall adhere to U.S. laws. Mediation for claims of $10,000 or less shall be conducted under the Federal Arbitration Act (9 U.S.C. §§ 1-16) and Virginia laws, including the Virginia Uniform Mediation Act (§ 8.01-576.4 et seq.).

9.4 Arbitration Clause

• For Disputes Exceeding $10,000:

  Any disputes involving claims exceeding $10,000 shall be resolved through binding arbitration.

  For Africa-Based Parties: Arbitration shall follow OHADA rules as provided under the OHADA Uniform Act on Arbitration (Articles 1-34), unless Tack & Tact is a party. If Tack & Tact is involved, arbitration shall be governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16) and the Virginia Uniform Arbitration Act (§ 8.01-577.1 et seq.).

  For U.S.-Based Parties: Arbitration shall be conducted in accordance with the Federal Arbitration Act (9 U.S.C. §§ 1-16) and Virginia laws, including the Virginia Uniform Arbitration Act (§ 8.01-577.1 et seq.), under the jurisdiction of the Fredericksburg Circuit Court in Fredericksburg, Virginia.

The arbitration process shall take place under the administration and oversight of the appropriate jurisdiction and follow these procedures:

• The arbitration panel shall consist of three arbitrators.
• Each party shall appoint one arbitrator, and the two appointed arbitrators shall mutually select a third arbitrator who will serve as the presiding arbitrator.
• If the two arbitrators fail to agree on a third arbitrator within 15 days, the third arbitrator shall be appointed by the applicable court or a designated arbitration institution.

9.5 Timelines and Deadlines for Arbitration

• Arbitrators must be selected within 30 days of initiating arbitration.
• A preliminary meeting shall occur within 15 days post-selection of arbitrators.
• Hearings will commence within 60 days of the preliminary meeting.
• Arbitrators must deliver a final decision within 120 days of the hearing start date unless both parties agree to an extension.

9.6 Enforcement and Costs

Mediation and arbitration decisions will be enforceable in the applicable jurisdiction. Decisions under U.S. law will be enforceable in accordance with the Federal Arbitration Act (9 U.S.C. §§ 1-16) and the Virginia Uniform Arbitration Act (§ 8.01-577.1 et seq.). OHADA arbitration decisions will be enforceable in local courts under the OHADA Uniform Act on Arbitration (Articles 1-34).

Both parties shall share the upfront costs of arbitration equally. The losing party will reimburse the prevailing party for all arbitration costs, including legal fees.

9.7 No Jury Trials

By entering into this agreement, both parties expressly waive the right to a trial by jury. Mediation, and if necessary, arbitration, shall serve as the sole methods of resolving disputes under this agreement.

10. Liability and Indemnity

10.1 Disclaimer

Tack & Tact provides the platform “as is” and does not guarantee uninterrupted service or absence of errors. Third-party payment platform issues are beyond Tack & Tact’s control.

10.2 Indemnity Clause

Users agree to indemnify Tack & Tact from all claims, damages, or losses resulting from Term violations or misuse of the platform.

11. Contact Information

For questions, disputes, or further inquiries, you may contact Tack & Tact through the following channels:

• Email: support@vboum.tacktact.com
• Phone: +1.877.741.8419
• Mailing Address: 2215 Plank Rd, Box 327, Fredericksburg, VA 22401

By accessing or using Tack & Tact’s platform, you acknowledge that you have read, understood, and agree to abide by these Terms and Conditions.