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Terms & Conditions


Terms & Conditions

These are the terms and conditions (the Terms) on which you may access our Website and on which we supply products to you. Please read the Terms carefully before you submit your order to us. If you think that there is a mistake in these terms or they require any changes, please contact us to discuss.

1.                Who we are

1.1   We are: Magi Enterprises UK Limited (referred to as KOOKAÏ, we, our or us), a company registered in England and Wales with company registration number 0991387 with our registered address at 27-28 Eastcastle Street, London, W1W 8DH. Our VAT Registration Number is 285 8009 76.

1.2   Contacting us: If you have questions about the Website or these Terms, please contact us by clicking on the "Contact Us" button at the top of any page on the Website, and following the instructions from there or by emailing us at: concierge@kookai.com.au

2.1   How we may contact you: If we need to contact you, we will call or write to you using the details provided to us in your order.

  1. Your acceptance

2.1   We permit users (referred to as you or your) to:

(a)  access and use the KOOKAÏ website (www.kookai.co.uk) (Website);

(b)  place an order for products, services or both (including orders for clothing, shoes, accessories, jewellery, swimwear and all other products and services offered for sale through the Website) (Order) through our online store (E-Boutique);

(c)  view and interact with any content, information, communications, advice, text or other material provided by KOOKAÏ (KOOKAÏ Content); and

(d)  otherwise communicate with KOOKAÏ, 

subject to these Terms.

2.2  We may from time to time review and update these Terms including to take account of new laws, regulations, products or technology. By using the Website, you are agreeing to all of the Terms. We will give you notice of updated Terms by posting it on the Website or by email. Your use of the Website will be governed by the most recent Terms posted on the Website. You should also check this page regularly and take notice of any changes made.

  1.  Orders for products, services or both through the E-Boutique

3.1  By placing an Order via the E-Boutique you are making an offer and commitment to purchase products, services or both in accordance with these Terms. An Order is subject to acceptance or rejection by KOOKAÏ in its discretion after receipt of the Order.

3.2  Once you have placed an Order in accordance with these Terms you will receive an email confirming the details of your Order and receipt of payment (where applicable) (Confirmation Email), only once you receive this Confirmation Email will your Order be confirmed. Where your Order is not accepted by us, you will receive an email indicating that your Order has not been accepted and you will not be charged. If you do not receive a Confirmation Email, please contact the Kookai Concierge to check the status of your Order.

3.3  Notwithstanding anything to the contrary, we may at any time following receipt of your Order accept, decline, or limit your Order for any reason whatsoever, whether or not your credit card has been charged or we have otherwise received payment from you. We will issue you with a refund if your credit card has been charged or we have received payment from you, and your Order is cancelled by us.

3.4  KOOKAÏ does not accept Orders via the E-Boutique originating from outside the United Kingdom.

3.5  KOOKAÏ products may not be purchased for re-sale.

  1.  Changes to products, services and pricing

4.1  We may modify prices and product and service offerings on the Website at our discretion for any reason (including but not limited to changes in relevant laws, regulatory requirements, market conditions, product discontinuation, changes in availability, manufacturer changes, errors in advertising, and in other circumstances).

4.2  All updates and modifications to the Website including any changes to the Content, E-Boutique, and all product and service pricing and offerings will be subject to these Terms. Any information we provide in relation to the availability of products is a guide only and is subject to change. We will not be liable for any lack of availability of products that you may order through the Website.

 4.3 The price of the product (which includes VAT) will be the price indicated on the order pages once you have placed your order. Although we take reasonable care to ensure that the price of the product listed on our Website is correct, some of our products may be incorrectly priced.

4.4 Our Products may vary slightly from their pictures. The images of the products on our Website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device’s display of the colours accurately reflects the colour of the products. The packaging of the product may also vary from that shown in images on our Website.

  1.  Payments

5.1  Payment for an Order is made online through the E-Boutique (Online Payment). You must pay for the products before we dispatch them.

5.2  Your Order will be delivered to you through one of our third party couriers. If delivery is delayed by an event outside our control then we will contact you to let you know, provided we do this we will not be liable for the delay. If there is a risk of substantial delay you may contact us to receive a refund for any products you have not received.

5.3 KOOKAÏ uses Shopify Payments (https://www.shopify.co.uk/payments) to provide the payment services for the Website. 

5.4  We accept Online Payment via Shopify Payments using VISA, MasterCard, AMEX or Paypal.

5.5  The credit card holder must be either the billing or shipping recipient.

5.6  If you choose to pay by credit card, you authorise us to debit the amount that is payable for an accepted Order from your nominated credit card account.

5.7  If we are unable to successfully process your credit card for your Order that is accepted by us, then we may cancel your Order. 

5.8  You must not pay, or attempt to pay, for Orders through any fraudulent or unlawful means.

5.9  We will provide you with a receipt at time of confirmation of the Order (in respect of Online Payments) which specifies the total fees and charges for the products and services in your Order.

5.10  The specific terms and conditions of supply for any products or services purchased via the Website will be notified to you via the E-Boutique before you finalise your Order.  Your confirmation of any Order indicates your acceptance of those terms and conditions of supply, which will upon confirmation of the Order be incorporated into these Terms in respect of that Order. 

  1.  Risk and title

6.1  In respect of Orders delivered to you using one of our third party couriers, then:

(a)  you own a product which is goods once we have received payment in full; and

(b)  a product which is goods will be your responsibility from the time we deliver the product to the address you gave us or you or a carrier organised by you collect it from us.

  1. United Kingdom Online Cancellation and Online Returns Policy

7.1 Cancellation, Returns & Exchanges 

7.1 You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:

 (a)  If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product repaired or replaced or a service re-performed or to get some or all of your money back);

 (b)  If you want to end the contract because of something we have done or have told you we are going to do, please see Clause 7.2;

 (c)  If you have just changed your mind about the product, see Clause 7.2. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any goods;

7.2 For most products bought online you have a legal right to change your mind at any time from when you place your Order up to 14 days from the date you receive the products and receive a refund under the Consumer Contracts Regulations 2013. However, KOOKAÏ will gladly offer a refund or exchange for items you wish to return to our E-Boutique for up to 21 days of receipt the items, on the following conditions:

 (i)  the item has not been worn or damaged;

(ii)  the original tags and hygiene stickers (where applicable) are attached and the item is in its original box, jewellery pouch or garment bag;

(iii) you present proof of purchase; and

(iv)  you have contacted the KOOKAÏ Concierge to authorise your return.

The following items are excluded from our returns policy (unless faulty or not as described):

(a) items that have been personalised for you;

(b) perishable items; and

(c) items that have been sealed for hygiene reasons (e.g. jewellery, lingerie) and the seal has been removed or damaged after you receive the item.

Please note: Items can only be exchanged in the same style, for a different colour or size. Items cannot be exchanged for other products.

Where you would like to cancel your order, you may use our Cancellation Form.

7.3 Faulty or damaged items

We are under a legal duty to supply products that are in conformity with these Terms. Nothing in these Terms will affect your legal rights.  Under the Consumer Rights Act 2015, the products we supply to you must be of satisfactory quality, fit for a particular purpose and to be as described, otherwise you have the following remedies during the expected lifespan of the product:

  1. a) Up to 30 days: if your goods are faulty, then you can get an immediate refund;
  2. b) Up to six months: if your goods can’t be repaired or replaced, then you’re entitled to a full refund, in most cases.
  3. c) Up to six years: if your goods do not last a reasonable length of time you may be entitled to some money back.

 7.4 Ending the contract because of something we have done or are going to do

If you are ending a contract for a reason set out at (a) to (e) below the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:

(a)  we have told you about an upcoming change to the product or these terms which you do not agree to and you do not wish to proceed;

(b)  we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;

(c)  there is a risk that supply of the products may be significantly delayed because of events outside our control;

(d)  we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 14 days; or

 (e)  you have a legal right to end the contract because of something we have done wrong (including because we have delivered late.

7.5 Ending the contract and returning items

(a) To arrange a return to our E-Boutique, please contact the KOOKAÏ Concierge at concierge@kookai.com.au or via phone +613 8290 0599. Please send a copy of our Cancellation Form with your email notice of cancellation (although please note that this is not mandatory)].

(b) Please post the items you wish to return via trackable post (eg, DHL) and ensure it’s adequately insured.  You will need to pay for any postage fees involved in posting the items you wish to return where you've changed your mind and send us the items within 14 days of telling us you wish to end the contract.

(c)  KOOKAÏ will refund the postage costs for any item deemed faulty or misdescribed or if you are ending the contract because we have told you of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong under. In all other circumstances (including where you are exercising your right to change your mind), you must pay the costs of return.

(d) We will refund you the price you paid for the products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.

(e) Deductions if you are exercising your right to change your mind:

(i) We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop. See our Delivery & Returns page for information about what handling is acceptable and examples. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, we may request you to pay us an appropriate amount. 

(ii) The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a product within a week at one cost but you choose to have the product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.

(iii) Where the product is a service, we may deduct from any refund an amount for the supply of the service for the period for which it was supplied, ending with the time when you told us you had changed your mind. The amount will be in proportion to what has been supplied, in comparison with the full coverage of the contract.

(f) We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then:

(a)  If the products are goods and we have not offered to collect them, your refund will be made within 14 days from the day on which we receive the product back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us. 

(b)  In all other cases, your refund will be made within 14 days of your telling us you have changed your mind.

  1.  Access and communication

8.1  KOOKAÏ does not guarantee that you will have continuous access to the Website.

8.2 KOOKAÏ will not be liable if the Website is unavailable to you due to computer downtime attributable to malfunctions, upgrades, preventative or remedial maintenance activities, interruption in telecommunications supply or otherwise.

8.3  KOOKAÏ does not guarantee the delivery or security of communications over the internet as such communications rely on third party service providers, and electronic communication (including electronic mail) is vulnerable to interception by third parties.

  1. Privacy

 9.1  We will only use your personal information as set out in our Privacy Policy.

Any personal information submitted by you (whether personal information of you or another person from who you have the necessary consents to provide that personal information as contemplated in clause 9.2) to KOOKAÏ will be used for the purposes contemplated by these Terms, including but not limited to:

(a)  processing your payments for purchasing any products;

(b)  providing you with goods and services you have purchased;

(c)  providing direct marketing communications to you when you sign up to receive email updates from KOOKAÏ.

9.2 If you are submitting to the Website, including in the course of making any Order, the personal information of any other person, you warrant that the person is aware of and has consented to the use of their personal information in accordance with these Terms.

9.3 You agree that, by submitting your payment and confirming your Order via the Website, you have read and understand these Terms and consent to these requirements.

9.4 When placing an order you undertake that all details you provide to us are true and accurate, that you are an authorised user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods.

  1.  Disclaimer

10.1 We have used our best endeavours to ensure all information, graphics, audio and video and other items appearing on this site (Content) are correct and up-to-date at the time of publication. KOOKAÏ does not represent or warrant the accuracy or completeness of the Content and is not liable for any errors, omissions or defects.

  1.  Warranties, consumer guarantees and limitation of liability

11.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.

11.2  KOOKAÏ, its directors, employees, agents and contractors will not be liable to you for any indirect, incidental, special or consequential loss or damage, loss of profits or anticipated profits, economic loss, loss of business opportunity, loss of data, loss of reputation or loss of revenue (irrespective of whether the loss or damage is caused by or relates to breach of contract, tort, statute or otherwise) arising in connection with the Website, the KOOKAÏ Content, all links to or from the Website or the goods and services advertised or referred to on the Website. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products as summarised at Clause 7.

  1.  Security

KOOKAÏ does not guarantee the security of using the Website or any systems used to access the Website. Further information about security in relation to your personal information can be found in our Privacy Policy.

  1.  Third party sites

The Website may contain hyperlinks to sites operated by third parties, including but not limited to Facebook, Twitter, Instagram and YouTube. These linked sites are not controlled by KOOKAÏ, and we are therefore not responsible for the content of those sites. These third party websites may have their own terms and conditions and privacy policy. Links are provided solely for your own convenience and KOOKAÏ’s decision to include a link does not constitute our recommendation or endorsement of the sites or the products and services they provide or offer. You access these sites and use or buy their products and services solely at your own risk. KOOKAÏ is not responsible for and will not be liable in respect of the content or operation of those websites, any of the goods, services or content that they describe, or in respect of any incorrect link to an external website.

  1.  Intellectual Property

14.1  General

The Website is owned and operated by or on behalf of KOOKAÏ. The KOOKAÏ Content on the Website is obtained and developed from a variety of sources including but not limited to collaborations with third parties and information provided by third parties under licence.

14.2  Copyright

All Content contained on this Website is protected by the copyright laws of the United Kingdom and international copyright laws, unless indicated otherwise on this Website.

You may view this Website and the Content using your web browser and/or smartphone and save an electronic copy, or print out a copy of the Content or parts of this site for your own information, research or study. If you do, you must: (a) not change the Content from how it appears on this site unless authorised by KOOKAÏ and then only according the conditions as stipulated by KOOKAÏ; and (b) include the copyright notice "© KOOKAÏ 2018" on the copy.

You must not reproduce, frame, transmit (including broadcast), adapt, link to or use any of the Content on this Website, except as allowed by this site or as agreed by KOOKAÏ in writing.

14.3  Trade mark Notice

This Website contains registered trade marks that are, unless shown otherwise, either owned or licensed by KOOKAÏ and are protected under the laws of the United Kingdom and other countries. You must not use KOOKAÏ's trade marks, except: (a) by saving or printing out a copy of this Website as allowed under the copyright notice set out above; (b) as part of a legitimate reference to KOOKAÏ or a KOOKAÏ product or (c) with KOOKAÏ's prior written consent. No licence or consent is granted to you to use these trade marks in any way, and you agree not to use these trade marks or any trade mark colourably similar without express permission.

The use of any trade marks on this Website that are not owned or licensed by KOOKAÏ is not intended to indicate any association with or endorsement by, the owner of that trade mark.

14.4 Intellectual Property in Designs

This Website contains graphics and other visual representations of products protected by copyright and equivalent laws in other jurisdictions. KOOKAÏ takes active steps to protect its rights in its designs and strictly enforces these rights pursuant to the applicable laws.

Making electronic, or other, copies of products displayed on this Website with the intent of reproducing them in whole or in part is strictly prohibited.

  1.  Prohibited uses

15.1 You agree that in accessing and using the Website, you will not engage or attempt to engage in any activities that:

(a)  download (other than page caching) or modify the Website or any portion of the Website;

(b)  impersonate or falsely claim to represent a person or organisation;

(c)  are commercial, including selling, marketing, advertising or promoting goods or services;

(d)  frame the Website without KOOKAÏ's express written permission;

(e)  post, link to, or otherwise communicate or distribute any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful material or information, or otherwise use the Website in a manner which is unlawful or would infringe the rights of another person including any intellectual property rights; or

(f)  post, link to, or otherwise communicate or distribute any material or information that we deem inappropriate.

15.2 You must use this Website to commit or encourage a criminal offence; transmit or distribute a virus, trojan, worm, logic bomb or post any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any part of the Website; corrupt data; cause annoyance to other users; infringe upon the rights of any other person's proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as "spam"; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website.

15.3 We will not be liable for any loss or damage caused by hacking or similar attacks, viruses or other harmful material that may infect your computer, device or data stored on it due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it.

15.4 The use of an automated system or software to extract data from this Website ('screen scraping') is prohibited without license from us.

  1.  Indemnity

You will fully indemnify KOOKAÏ in respect of all loss, damage, costs, expenses (including legal fees on a full indemnity basis), fines, penalties, claims, demands and proceedings howsoever arising, whether at common law (including negligence) or under statute, in connection with any of the following:

(a)  any breach of these Terms by you;

(b)  your use of the Website or the KOOKAÏ Content; or

(c)  your communications with KOOKAÏ.

  1.  Termination of your access to the Website

KOOKAÏ may at any time immediately terminate your access (including restricting access) to the Website or any feature of the Website for any reason (including due to your breach or alleged breach of these Terms) in its sole discretion and without prior notice. Any indemnities given by you and any limitations of our liability survive such termination.

  1.  Applicable law and international use

These Terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.

As this site can be accessed throughout the United Kingdom and overseas, KOOKAÏ does not represent that the Content complies with the laws of any country outside the United Kingdom or that any competition, offering or content accessible through the Website is appropriate or available for use in locations outside the United Kingdom. If you access this site from outside the United Kingdom, you do so at your own risk and responsibility, and are responsible for making sure you comply with all applicable laws in the place you are located. You are not authorised to access the Website from any location where doing so would be illegal.

  1. Customs and Import Taxes

Your Order will be sent from Australia and you acknowledge you will become the importer of the products in the Order and that some countries have import restrictions on certain goods or materials. KOOKAÏ will, however, cover the cost of any customs and import taxes (excluding VAT) applicable to your Order.

  1.  Severability

Each provision of these Terms is severable from the others and no severance of a provision will affect any other provision. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect

  1. Entire Agreement

The above Terms constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements.

  1. Third Party Rights

Nobody else has any rights under this contract (except someone you pass your guarantee on to). This contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.

  1. No Waiver

Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.

  1. Complaints Procedure

Details of our Complaints Procedure can be found here.

  1. Currency

All prices are displayed in Pounds Sterling (GBP), unless stated otherwise.

  26.  Cookies

We use cookies on the Website.  Please read our Cookie Policy which can be found here, for more information about the types of cookies used.

Last updated: 18 July 2018

 

 

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