Terms of service

TERMS & CONDITION

OVERVIEW 
This contract sets out:

  • Your legal rights and responsibilities
  • Our legal rights and responsibilities
  • Certain key information required by law

In this contract:

  • Throughout the site, the terms “we”, “us” and “our” refer to KOKOVEE. KOKOVEE Limited, Registered in England with the Company number 10638128. Located at Unit 4-5 Netherhouse Farm, Sewardstone Road, Chingford E4 7RJ, United Kingdom.
  • While ‘You’ or ‘your’ means the person using our site to buy goods from us

If you want further clarification on any part of this contract, please contact us via email: info@kokovee.com

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

INTRODUCTION

This website is operated by KOKOVEE.  KOKOVEE offers this website, including all information, goods and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here:

  • By visiting our site and / or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink.
  • These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
  • This contract is only available in English. No other languages will apply to this contract.
  • Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page.
  • We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes.
  • Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes. 

DEFINITION

In these Conditions the following definitions apply:

  • "Business Day" means a day other than a Saturday, Sunday or bank or public holiday in England
  • "Company" means KOKOVEE Limited a private limited company incorporated in England (Company Number: 10638128)
  • "Company Products / goods" means those Products which are manufactured for and by the Company and marketed by KOKOVEE including but not limited to the garments specified
  • "Competing Products" means any Product other than a Company Product
  • "Competitor" means any company working in the same or similar industry
  • "Fees" means the sums set out as agreed in the relevant project assignment
  • "Influencer Channels" means the social media, platforms and channels which are controlled by an Influencer, and in relation to which the Influencer agrees to distribute the Influencer Materials as further described in the relevant Project Assignment
  • "Influencer Materials" means any and all content and materials produced by or on behalf of the Influencer as a result of the performance of the Services featuring, endorsing and/or otherwise referring or relating to the Company and/or its Products (including the copy (including social media posts), blog, vlog, audio visual recording, sound recording, photograph or image described in the Project Assignment) in any medium or in promotional, sponsorship, advertising or marketing material relating to the Company Products in any and all media
  • "Influencer Image Rights" means the name, likeness, branding, image, voice or signature of the Influencer, content relating to the Influencer, copyright material, data and biographical details
  • "KOKOVEE" means the online fashion business of that name owned and operated by the Company
  • "Products" means fashion and leisure wear created, manufactured and sold by KOKOVEE
  • "Project Assignment" means a document to be agreed in writing by the parties and which shall set out the detail of the Services to be performed by the Influencer, including the Fees to be paid for the Services
  • "Services" means collectively any online facilities, tools, services or information that KOKOVEE makes available through the Website either now or in the future
  • "Term" means the period specified in the Project Assignment

SECTION 1 - ONLINE STORE TERMS

  1. By agreeing to these Terms of Service, you represent that you are at least 18 of age and you have given us your consent to allow any of your minor dependents to use this site.
  2. Persons under the age of 18 should use this Website only with the supervision of an Adult. Payment Information must be provided by or with the permission of an Adult.
  3. This contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither party will need to get the agreement of any other person to end the contract or make any changes to these terms.
  4. You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services. 

SECTION 2 – ORDER PLACEMENT

  1. Our shopping pages will guide you through the steps to enable you to place an order with us. Our order process allows you to check and amend any errors before submitting your order to us. Please carefully check your order at each stage of the order process.
  2. After you have placed an order, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted.
  1. We will confirm our acceptance to you by sending you an e-mail that confirms that the goods have been dispatched (“Dispatch Confirmation”). The Contract between us will only be formed when we send you the Dispatch Confirmation.
  2. If we are unable to verify the delivery or payment information you have provided, we may restrict delivery to the address to which your credit or debit card is registered.

SECTION 3 – MODE OF PAYMENT

  1. We accept all major credit cards, debit cards and PayPal payments.
  2. Your credit card or other account detailed at 3.1 above will be debited when you click on the “confirm” button.
  3. Any credit card used for payment must be in the name of the person ordering and the same card must be carried at the time of delivery - it may be required for verification and obtaining signature on a credit card charge form for delivery.
  4. All payments are processed through third party payment gateways using PCI Encryption. We do not store credit card details, nor do we share customer details with any 3rd parties.

SECTION 4 – PRICING AND VAT

  1. All prices stated on this website include and are subject to the current rate of UK VAT at the then prevailing rate.
  2. The price of the goods may be in (GBP, USD, AUD, EUR) and does not include the cost of delivering the goods. The cost of delivery is added at checkout.
  3. The price of goods does not include any customs, importation or other tax applicable outside of the UK, which you may be required to pay before you receive your goods.
  4. Our site contains many products and it is possible that, despite our best efforts, some of the products listed on our site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures. If we accept and process your order where a pricing error is obvious and unmistakeable and could have reasonably been recognised by the average customer as an error, we may end the contract, refund you any sums you have paid and require return of any products provided to you.

SECTION 5 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

  1. We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address.
  2. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made.
  3. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. 
  4. You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. 

    For more detail, please review our Returns Policy. 

SECTION 6 - MODIFICATIONS TO THE PRODUCTS AND PRICES

  1. Prices for our products are subject to change without notice. 
    We reserve the right at any time to modify or discontinue the products without notice at any time. 
  2. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the product. 
  3. We reserve the right to refuse service to anyone for any reason at any time.
  4. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. 
  5. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Product, Service, use of the Service, or access to the Service or any contact on the website through which the product / service is provided, without express written permission by us. 

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms. 

SECTION 7 – DELIVERY

  1. Deliveries are made to the delivery address given at time of order. Customer accepts full responsibility for ensuring accuracy of information provided.
  2. You accept and agree that we will not be held liable for deliveries that are delayed.
  3. You accept and agree that we will not be held liable for deliveries that go missing. However we will make like for like replacements if a delivery goes missing due to the fault of a 3rd party (i.e. courier) after a sufficient time period has elapsed and after you agree to assist us in any subsequent investigations for compensation from said 3rd party.
  4. We do not deliver to PO Box or hotel addresses.
  5. You accept and agree that you are responsible for the products once delivery has taken place.
  6. We will only refund outbound postage costs for the least expensive common/standard delivery method. The cost of expedited and priority services will not be refunded over and above that of the least expensive common/standard delivery method. Refer to Refund policy.

SECTION 8 – PRODUCTS ASSURANCE

  1. Certain products may be available exclusively online through the website. These products may have limited quantities and are subject to return or exchange only according to our Return Policy. 
  2. We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any colour will be accurate.
  3. We reserve the right, but are not obligated, to limit the sales of our products to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis.
  4. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us.
  5. We reserve the right to discontinue any product at any time. Any offer for any product made on this site is void where prohibited. 

We do not warrant that the quality of any products, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected. 

SECTION 9 – PRODUCT WARRANTY

  1. This warranty is valid only to the original purchaser when a new piece is purchased from us.
  2. This warranty is invalidated if you allow a third party to repair or attempt to repair any item.
  3. In the event of a dispute as to the cause of damage, we reserve the right to send the Product to a mutually agreed independent third-party assessor to determine the nature of the defect. Only if their judgement indicates a defect in material or workmanship will we repair the item.
  4. This warranty does not cover expenses incurred by you due to a lack of proper care of your product.
  5. Please keep your proof of purchase documents – they will be required to procure warranty service in the event you wish to make a warranty claim.
  6. Please notify KOKOVEE Limited (KOKOVEE) within 14 days of purchase if you wish to claim a replacement for a defect.

SECTION 10 – PROMOTIONAL CODES

  1. KOKOVEE may offer customer discount or promotional offers from time to time.
  2. Using the discount or promotional code means you are agreeing to our terms and conditions.
  3. The % or £ discount is subject to change depending on the promotion. Promotional codes used cannot be applied in conjunction with any other discounts, offers or promotions. Excludes outlet, gift cards and delivery charges.
  4. The code is valid on purchases made on our website kokovee.com and is not valid on Sale items (unless stated otherwise).
  5. The discount or offer is activated when applied at the checkout page by placing the code in the discount code box. Codes are case sensitive.
  6. You may only redeem one code at a time so please use the promotion that best suits your purchase.
  7. We have the right to refuse the use of promotional codes to any person that does not comply with these terms and condition or if found to have registered using fraudulent or incorrect information.
  8. We reserve the right to modify or cancel the discount codes at any time without notice.

SECTION 11 - THIRD-PARTY LINKS

  1. Certain content, products and services available via our Service may include materials from third parties. 
  2. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. 
  3. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites.
  4. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction.
  5. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party. 

SECTION 12 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

  1. If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us.
  2. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments. 
  3. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. 
  4. You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right.
  5. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website.
  6. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments.
  7. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party. 

SECTION 13 - PERSONAL INFORMATION

  1. Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy. 

SECTION 14 - ERRORS, INACCURACIES AND OMISSIONS

  1. Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability.
  2. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). 
  3. We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law.
  4. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated. 

SECTION 15 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

  1. We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
  2. This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only.
  3. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site. 


SECTION 16 - PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content:

  1. for any unlawful purpose
  2. to solicit others to perform or participate in any unlawful acts
  3. to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances
  4. to infringe upon or violate our intellectual property rights or the intellectual property rights of others
  5. to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability
  6. to submit false or misleading information
  7. to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet;
  8. to collect or track the personal information of others
  9. to spam, phish, pharm, pretext, spider, crawl, or scrape
  10. for any obscene or immoral purpose; or
  11. to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses. 

SECTION 17 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

  1. As a condition of use of this Website, you agree to indemnify us from and against any and all liabilities, expenses (including legal fees) and damages arising out of claims resulting from your use of this Website, including without limitation any claims alleging facts that if true would constitute a breach by you of these terms and conditions.
  2. We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. 
  3. We do not warrant that the results that may be obtained from the use of the product will be accurate or reliable. 
  4. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you. 
  5. You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. 
  6. In no case shall KOKOVEE, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility.
  7. Notwithstanding the above or other limitations and exclusions of liability set out in these terms and conditions, neither party excludes or limits any liability for fraud or fraudulent misrepresentation; or any breach of any obligations implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982 or Consumer Rights Act 2015; or any other liability to the extent the same cannot be excluded or limited by law.
  8. You agree to indemnify, defend and hold harmless KOKOVEE and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party. 
  9. In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

 SECTION 18 – VIS MAJOR

  1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control.
  2. A Vis Major Event includes any act, event, non-happening, omission or accident beyond our reasonable control and particularly includes (without limitation) the following:
    • strikes, lockouts or other industrial action
    • civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war
    • fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster
    • impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport
    • impossibility of the use of public or private telecommunications networks
    • the acts, decrees, legislation, regulations or restrictions of any government
    • pandemic or epidemic
  3. Our performance under any Contract is deemed to be suspended for the period that the Vis Major Event continues, and we will have an extension of time for performance for the duration of that period.
  4. We will use our reasonable endeavours to bring the Vis Major Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Vis Major Event.

SECTION 19 – TERMINATION

  1. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. 
  2. These Terms of Service are effective unless and until terminated by either you or us.
  3. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site. 
  4. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof). 

SECTION 20 - ENTIRE AGREEMENT

  1. The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. 
  2. These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). 
  3. Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party. 

SECTION 21 – COPYRIGHT

  1. This website and its content are copyright of KOKOVEE Limited (KOKOVEE). All rights reserved.

SECTION 22 - GOVERNING LAW

  1. These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of United Kingdom. 

SECTION 23 - CHANGES TO TERMS OF SERVICE

  1. You can review the most current version of the Terms of Service at any time at this page. 
  2. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website.
  3. It is your responsibility to check our website periodically for changes.
  4. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes. 

SECTION 24 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at info@kokovee.com          .