1 The contract between us
1.1 We must receive payment of the whole of the price for the services that you order before your order can be accepted. Once payment has been received by us we will confirm that your order has been accepted by sending an email to you at the email address you provide in your order form. Our acceptance of your order brings into existence a legally binding contract between us. If your instructions to us were not received in person, but by telephone e-mail or correspondence, the Consumer Protection (Distant Selling) Regulations will apply. You will have the right to withdraw without charge, by notifying us within 7 days of receipt of our e-mail Confirmation. You will lose the right to withdraw once our service has started to be provided. We will consider that you want us to proceed as arranged as soon as you have logged in following receipt of our Confirmation unless you specifically tell us otherwise.
2 Price
2.1 The prices payable for services that you order are as set out in our website.
3 Right for you to cancel your contract
3.1 You may cancel your contract with us for the services you order at any time up to the end of the seventh working day from the date you receive the ordered services. You do not need to give us any reason for cancelling your contract nor will you have to pay any penalty.
3.2 To cancel your contract you must notify by email at accounts@koochikoo.co.uk.
3.3 Once you have notified us that you are cancelling your contract, any sum debited to us from your credit card will be re-credited to your account as soon as possible and in any event within 30 days of your order.
4 Cancellation by us
4.1 We reserve the right to cancel the contract between us if:
4.1.1 we have insufficient capacity or unable for technical reasons to deliver the services you have ordered; or
4.1.2 one or more of the services you ordered was listed at an incorrect price due to a typographical error;
4.1.3 if we discover that you have used the site to sell, advertise or distribute any goods or services or for any other use which we reasonable deem to be improper or unsuitable or for any defamatory material put on;
4.2 If we do cancel your contract we will notify you by e-mail and will re-credit to your account any sum deducted by us from your credit card as soon as possible but in any event within 30 days of your order. We will not be obliged to offer any additional compensation for disappointment suffered.
5 Delivery of services to you
5.1 We will deliver the services ordered by you at the time you make your order.
6 Liability
6.1 If the services we deliver are not what you ordered, we shall have no liability to you unless you notify us in writing at our contact address of the problem within 10 working days of the delivery of the services in question.
6.2 If you do not receive services ordered by you on the date on which you ordered them, we shall have no liability to you unless you notify us in writing at our contact address of the problem within 7 days of the date on which you ordered the services.
If you notify a problem to us under this condition, our only obligation will be, at your option:
6.2.1 to make good any non-delivery; or
6.2.2 to refund to you the amount paid by you for the services in question in whatever way we choose.
6.3 Save as precluded by law, we will not be liable to you for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) howsoever arising out of any problem you notify to us under this condition and we shall have no liability to pay any money to you by way of compensation other than to refund to you the amount paid by you for the services in question under clause 6.2 above.
6.4 You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase services from our site. The importation or exportation of certain of our services to you may be prohibited by certain national laws. We make no representation and accept no liability in respect of the export or import of the services you purchase.
6.5 Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.
7 Notices
Unless otherwise expressly stated in these terms and conditions, all notices from you to us must be in writing and sent to our contact address at accounts@koochikoo.co.uk and all notices from us to you will be displayed on our website from to time.
8 Events beyond our control
We shall have no liability to you for any failure to deliver services you have ordered or any delay in doing so or for any damage or defect to services delivered that is caused by any event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.
9 Invalidity
If any part of these terms and conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.
10 Content
10.1 KOOCHIKOO LIMTED is providing this site on an ‘as is’ basis and makes no representations or warranties of any kind with respect to this site or its contents and disclaims all such representations and warranties. In addition, KOOCHIKOO LIMITED makes no representations or warranties about the accuracy, completeness, or suitability for any purpose of the information and related graphics published in this site. The information contained in this site may contain technical inaccuracies or typographical errors. All liability of KOOCHIKOO LIMITED howsoever arising for any such inaccuracies or errors is expressly excluded to the fullest extent permitted by law.
10.2 Neither KOOCHIKOO LIMITED nor any of its directors, employees or other representatives will be liable for loss or damage arising out of or in connection with the use of this site. This is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties.
10.3 Notwithstanding the foregoing, none of the exclusions and limitations in the clause are intended to limit any rights you may have as a consumer under local law or other statutory rights which may not be excluded nor in any way to exclude or limit KOOCHIKOO LIMITED’s ) liability to you for death or personal injury resulting from our negligence or that of our employees or agents.
11. Intellectual Property
11.1 We are the proprietor/exclusive licensee of the Koochikootrade mark and get-up in the United Kingdom. All other trade marks, brand names, product names and titles and copyrights used in this site are trade marks, brand names, product names or copyrights of their respective holders. No permission is given by Koochikoo Limited in respect of the use of any of them and such use may constitute an infringement of the holder’s rights.
12 Privacy
You acknowledge and agree to be bound by the terms of our privacy policy.
13 Third party rights
Except for our affiliates, directors, employees or representatives, a person who is not a party to this agreement has no right under the UK Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement but this does not affect any right or remedy of a third party that exists or is available apart from that Act.
14 Governing law
The contract between us shall be governed by and interpreted in accordance with English law and the English courts shall have jurisdiction to resolve any disputes between us.
15 Entire agreement
These terms and conditions, together with our current website prices, delivery details, contact details and privacy policy, set out the whole of our agreement relating to the supply of the services to you by us. Nothing said by any sales person on our behalf should be understood as a variation of these terms and conditions or as an authorised representation about the nature or quality of any services offered for sale by us. Save for fraud or fraudulent misrepresentation, we shall have no liability for any such representation being untrue or misleading.