TERMS AND CONDITIONS
TERMS AND CONDITIONS
This page states the Terms and Conditions under which you may use this website, Please read this page carefully. If you do not accept the Terms and Conditions stated here, do not use the website. Koochi Ltd may review these Terms and Conditions at any time by updating this posting. You should visit this page periodically to review the Terms and Conditions because they are binding on you.
1. USE OF MATERIAL
1.1.Koochi Ltd authorises you to view and download a single copy of the material on this website (‘the Website’) solely for your personal, non-commercial use. Special rules may apply to other terms provided on the Website. Any such special rules are listed as ‘Policies’ on the Website and are incorporated into this Agreement by reference.
1.2.The contents of the Website, such as text, graphics, images and other material (‘Material’), are protected by copyright under both English and foreign laws. Unauthorised use of the Material may violate copyright, trade mark and other laws. You must retain all copyright and other proprietary notices contained in the original Material on any copy you make of the Material.
1.3.You may not sell or modify the Material or reproduce, display, publicly, perform, distribute or otherwise use the Material in any way for any public or commercial purpose.
1.4.The use of the Material on any other website or in a networked computer environment for any purpose is prohibited.
1.5.If you violate any of these Terms your permission to use the Material automatically terminates and you must immediately destroy any copies you have made of the Material.
1. KOOCHI LTD’s LIABILITY
1.1.The Material may contain inaccuracies or typographical errors. Koochi Ltd makes no representations about the accuracy, reliability, completeness or timeliness of the Material or about the results to be obtained from using the Website and the Material.
1.2.The use of the Website and the Material is at your own risk. Changes are periodically made to the Website and may be made at any time.
1.3.Koochi Ltd does not warrant that the Website will operate error-free or that the Website and its server are free of computer viruses and other harmful goods. If your use of the Website or the Material results in the need for servicing or replacing equipment or data, Koochi Ltd is not responsible for those costs.
1.4.The Website and Material are provided on an ‘as is’ basis without any warranties of any kind. Koochi Ltd and its suppliers, to the fullest extent permitted by law, disclaim all warranties, including the warranty of merchantability, non-infringement of third parties’ rights, and the warranty of fitness for particular purpose. Koochi Ltd and its suppliers make no warranties about the accuracy, reliability, completeness or timeliness of the Material, services, software text, graphics and links.
2. LINKS TO OTHER WEBSITES
The Website contains links to third party websites. These links are provided solely as a convenience to you and not as an endorsement by Koochi Ltd of the contents on such third party websites. Koochi Ltd is not responsible for the content of linked third party sites and does not make any representations regarding the content or accuracy of materials on such third party websites. If you decide to access linked third party websites, you do so at your own risk.
3.LIMITATION OF LIABILITY
Unless otherwise expressly provided in a Policy on this Website, the aggregate liability for Koochi Ltd to you for all claims arising from the use of the Materials is limited to £1.
4.1.You agree to defend, indemnify and hold harmless Koochi Ltd, its partners from time to time being, its employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of the Material or your breach of the terms of this Agreement.
4.2.Koochi Ltd shall provide notice to you promptly of any such claim, suit or proceeding.
5.1.The Website is based in England.
5.2.Koochi Ltd makes no claims that the Materials are appropriate. Access to the Materials may not be legal by certain persons or in certain countries. If you access the Website from outside of England you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
5.3.The construction, validity and performance of this Agreement shall be governed in all respects by English law, and the Parties agree to submit to the exclusive jurisdiction of the English courts.
5.4.If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.
5.5.No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term.
5.6.Except as expressly provided in a particular Policy or material on particular web pages of the Website, this Agreement constitutes the entire Agreement between you and Koochi Ltd with respect to use of the Website.
5.7.Throughout this Agreement the singular includes the plural and any one gender includes all other genders.
5.8.Any changes to this Agreement must be made in writing, signed by an authorised representative of Koochi Ltd
All orders are subject to acceptance and availability. If the goods ordered are not available, you will be notified by e-mail (or by other means if no e-mail address has been provided) and you will have the option either to wait until the item is available from stock or to cancel your order. Any orders placed by you will be treated as an offer to purchase the goods or services from us and we have the right to reject such offers at any time. You acknowledge that any automated acknowledgment of your order which you may receive from us shall not amount to our acceptance of your offer to purchase goods or services advertised on the Website. The conclusion of a contract between you and us will take place when we (i) debit your credit, debit card or PayPal account or (ii) dispatch the goods to you or commence the services, whichever is the later, at which time we shall send you an e-mail confirming that the contract has been concluded (‘Dispatch Confirmation’). The contract will relate only to those goods or services whose dispatch we have confirmed in the Dispatch Confirmation. We will not be obliged to supply any other goods or services which may have been part of your order until the dispatch of such goods or services has been confirmed in a separate Dispatch Confirmation. We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be liable for any loss you may suffer if a third party procures unauthorised access to any data provided by you when accessing or ordering from the Website. The products sold on the Website are not for re-sale or distribution. We reserve the right to cancel orders and/or suspend accounts where we believe products are being ordered in breach of this provision. You will assume the risk for the products once they have been delivered to the delivery address which you specified when ordering the products. We accept no liability where you provide an incorrect delivery address or where you fail to collect the products from the delivery address which you specified.
7. CANCELLATION RIGHTS
Where you have purchased the goods or services as a consumer (i.e. for private use as opposed to business use), please note that you are entitled to cancel any contract completed with us within 7 days from the day after receipt of the goods or services (‘Cooling Off Period’).
If you do cancel a contract within the Cooling Off Period, then: you must notify us by contacting us or writing to Koochi Limited, 109-117 Waterloo Road, London, SE1 8UL you must retain possession of the goods or services and ensure that the goods or services are kept in the same condition as they were when they were delivered until such time as the goods or services are either collected by us or delivered back to us by you; we will notify you of when we wish to collect the goods or services.
The goods and services will be collected by us within 28 days of our receiving your cancellation notice and we will charge the cost of collecting the goods or services, and will deduct this from any sum owed by us to you. Alternatively, you can return the goods or services to us by contacting a customer service operator on 0845 094 9889 (between the hours of 8am to 6pm on Monday – Thursday and 9am to 5pm on Friday) who will be able to provide you with address details; we will refund any monies you have paid to us within 30 days of receipt of your cancellation notice. If you return any goods to us for any other reason (for example, if you think the goods are defective), we will examine the returned goods and, to the extent we find the goods to be defective, we will either repair or replace any defective goods or we will refund you the price of the defective goods in full (including any applicable delivery charges and any reasonably costs you incur in returning the item to us). Please follow our returns authorisation procedure by contacting us by phone or e- mail. Please contact us as soon as possible and preferably within 3 days of receiving your goods. If we find that a returned item is not defective, then you will be liable for the postage costs incurred. Details of your statutory right of cancellation, and an explanation of how to exercise it, are provided in the Dispatch Confirmation. This provision does not affect your other statutory rights as a consumer.
8. PRICE AND PAYMENT
All prices shown on the Website are inclusive of VAT (where applicable) at the current rates and are correct at the time of entering the information onto the system. We reserve the right, however, to change prices at any time without notice to you (save that any changes will not affect orders in respect of which we have sent you a Dispatch Confirmation). If your delivery address is within the United Kingdom, no additional taxes will be charged to you. If your delivery address is outside of the United Kingdom you may be subject to import duties and taxes (including VAT), which are levied once a delivery reaches your destination country. Any such additional charges must be borne by you. You should note that customs policies and practices vary widely from country to country. We recommend that you contact your local customs office for information. Payment can be made by any major credit or debit card or via your PayPal account. Payment will be debited and cleared from your account before the dispatch of your good or provision of the service to you. In the unlikely event that the price shown on the checkout page is wrong, and we discover this before accepting your order in accordance with clause 9, we are not required to sell the goods to you at the price shown. We always try and ensure that the prices of goods shown on our Website are accurate, but occasionally genuine errors may occur. If we discover an error in the price of the goods that you have ordered we will let you know as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If you cancel your order and you have already paid for the goods (but they have not yet been dispatched), then you will receive a full refund. You confirm that the credit, debit card or PayPal account that is being used is yours. All credit/debit cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to or does not, for any reason, authorise payment to us we will not be liable to you for any delay or non-delivery. We allow you to use discount codes strictly on the terms and conditions upon which they were issued which, amongst other things, may include terms relating to your eligibility to use them and a maximum order value. Please familiarise yourself with these terms and conditions before you place an order as we reserve the right to reject or cancel any orders which do not comply with these terms even if your credit or debit card has been charged. If there is any inconsistency between the terms and conditions upon which the discount codes were issued and these terms and conditions, the discount code terms and conditions prevail. A copy of the discount code terms and conditions can be obtained by mailing or telephoning our customer service representatives at: e-mail address: [email protected]