Terms and conditions
Terms of website use
1. Terms of website use
www.ko-beau.com (the "Site") is a website operated in the United Kingdom by KoBeau Limited, a company incorporated in England and Wales with company registration number 11239762 and whose registered office is located at 107-111 Fleet Street, London, EC4A 2AB, United Kingdom ("KoBeau", "we", "us" or "our").
2. Ownership of rights
All rights in this Site, including copyright and moral rights, are owned by KoBeau. Any use of this Site or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use is prohibited without our permission. You may not modify, delete, distribute or post anything on this Site for any purpose.
3. Accuracy of content
We do not guarantee that our Site, or any content on it, will be free from errors or omissions.
The images of products on this Site are illustrative only. The packaging may vary from that shown. The weights and dimensions are approximate only. We have made every effort to display as accurately as possible the colour of the products that appear on the Site. However, as the actual colours you see will depend on your personal computer equipment, we cannot guarantee that your monitor's display of any colour will accurately reflect the colour of the merchandise on delivery. To the extent permitted by applicable law, KoBeau disclaims all warranties, express or implied, as to the accuracy of the information contained in any of the materials on this Site. We are not responsible for the content of any off-website pages or any other websites linked to or from this Site. Links appearing on this Site are for your convenience only and are not an endorsement by us of the content, products, services or suppliers connected therewith. We shall not be liable to any person for any loss or damage which may arise from the use of any of the information contained in any of the materials on this Site, in any off-website materials, or in any linked websites.
4. Accessing our Site
Our Site is directed to people residing in the United Kingdom. We do not represent that content available on or through our Site is appropriate or available for or in other locations. We may limit the availability of our Site or any service or product described on our Site to any person or geographic area at any time. If you choose to access our Site from outside the United Kingdom, you do so at your own risk.
5. Damage to your computer
We make every effort to ensure that this Site is free from viruses or defects. However, we cannot guarantee that your use of this Site or any websites accessible through it will not cause damage to your computer. It is your responsibility to ensure that the right equipment is available to use the Site and screen out anything that may damage it. We will not be liable to any person for any loss or damage which may arise to computer equipment as a result of using this Site.
6. Limitation of liability
The provisions of this clause relate to the use of this Site only and do not affect the statutory rights of consumers or any other rights granted by us in connection with the purchase of our goods on this Site (including under the KoBeau Terms and Conditions for Online Sales, further below).
To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our Site or any content on it, whether express or implied.
We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
use of or inability to use our Site; or
use of or reliance on any content displayed on our Site.
If you are a business user, please note that we will not be liable for:
loss of profits, sales, business, or revenue;
loss of anticipated savings;
loss of business opportunity, goodwill or reputation; or
any indirect or consequential loss or damage.
If you are a consumer user, please note that we only provide our Site for domestic and private use. You agree not to use our Site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any goods by use to you, which will be set out in our Terms and Conditions for Online Sales, further below.
7. Prohibited uses
You may use our Site only for lawful purposes. You may not use our Site:
in any way that breaches any applicable local, national or international law or regulation;
in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards set out below;
to transmit or procure the sending of any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation ('spam'); or
to knowingly transmit any data, or to send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
You also agree:
not to reproduce, duplicate, copy or re-sell any part of our Site in contravention of the provisions of these terms of website use; and
not to access without authority, interfere with, damage or disrupt:
any part of our Site;
any equipment or network on which our Site is stored;
any software used in the provision of our Site; or
any equipment or network or software owned or used by any third party.
You agree to defend, indemnify and hold us harmless for any loss, damages or costs, including reasonable solicitors' fees, resulting from any third-party claim, action, or demand resulting from your unlawful use of the Site. You also agree to indemnify us for any loss, damages, or costs, including reasonable attorneys' fees, resulting from your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on our infrastructure.
8. Submission of Information
9. Intellectual Property
The trade marks, logos and service marks ("Intellectual Property") displayed on our Site are the registered and unregistered marks or designs of KoBeau or our suppliers/licensors and are protected by UK trade mark laws. You may not use, reproduce, duplicate, copy, sell, resell, access, modify or otherwise exploit our Intellectual Property or that of our suppliers without our or their prior written consent.
10. Mobile services
If you access this Site via your mobile phone, we do not charge for this access. Please be aware that your carrier's normal rates and fees, such as text messaging fees or data charges, will still apply.
12. Transfer of rights
13. Other legal notices
15. Changes to legal notices
16. Law, jurisdiction and language
This Site, any content contained herein, and any contracts entered into as a result of usage of this Site are governed by English law. The parties to any such contract agree to submit to the exclusive jurisdiction of the courts of England and Wales. All contracts are concluded in English.
Terms & Conditions for Online Sales
By placing an order with KoBeau Limited ("KoBeau", "we", "us" or "our") for products which are sold on the Site ("Products") you will be deemed to have read, understood and agreed to these Terms & Conditions ("T&Cs"). Please read these T&Cs carefully and, if you are unhappy with any aspect, you should contact one of our customer service advisors before placing an order with us.
We amend these T&Cs from time to time. Please check the top of this page to see when these T&Cs were last updated. Every time you order Products from us, the T&Cs in force at the time of your order will apply to the contract between you and us.
1. About KoBeau
This Site is operated in the United Kingdom and all sales on the Site are made by KoBeau Limited, a company incorporated in England and Wales with company registration number 11239762 and whose registered office is located at 107-111 Fleet Street, London, EC4A 2AB, United Kingdom.
You have chosen to visit the Site in the United Kingdom in order to purchase our Products. As a consequence, irrespective of your place of residence, any purchase you make will occur in the United Kingdom and will be governed by these T&Cs and the laws of England and Wales.
2. Other policies
In order to make a purchase through the Site or to use the services or features made available to you on the Site you will be required to register. When you register, you will be required to provide information about yourself including, but not limited to, your name, telephone number and e-mail address, which is true, accurate, current and complete in all respects. Should any of your registration information change in future you are required to amend your personal online account. We may change registration requirements from time to time. Furthermore, when ordering items, you will be required to provide payment details and you represent and warrant that the payment details you provide on ordering are both valid and correct and you confirm that you are the person referred to in the billing information provided.
The purchase of Products through the Site is strictly limited to parties who can lawfully enter into and form contracts on the Site in accordance with English law.
4. Pricing policy
We have taken great care in the preparation of the content of this Site, in particular to ensure that the details, descriptions and prices quoted are correct at the time of publishing. However, we will only accept orders if there are no material errors in the description of the Products or the prices as advertised on this Site. All prices are displayed exclusive of delivery charges. The total cost of your order is the price of the Products ordered and plus the delivery charges as set out during the checkout process. KoBeau Limited is not VAT registered and therefore does not charge VAT.
Items in your online Shopping Cart will reflect the most recent price displayed on the Product's detail page.
All Products are subject to availability. Validly stated prices on our Site remain in effect for so long as the Products are available or as otherwise stated on our Site. We will inform you as soon as possible if the Products you have ordered are not available.
6. Online ordering process
The ordering process consists of following steps:
you add the Products which you wish to purchase to your shopping cart;
you select your preferred delivery method;
you provide an address for delivery, a billing address, and any requested payment information;
you will click 'Submit' to finalise your order.
7. Ordering errors
You are able to correct errors on your order up to the point at which you click on 'submit order' on the final page of our ordering process.
8. Acknowledgement and acceptance of your order
We will notify you by e-mail as soon as possible to acknowledge receipt of your order and to provide you with an order number. If we are unable to fulfil your order following this acknowledgement, we will contact you by e-mail advising you of this. We will confirm acceptance of your order by sending you an e-mail that confirms that the Products have been dispatched ("Dispatch Confirmation"). A legally binding contract between us will be formed when we send you the Dispatch Confirmation (or, in the unlikely event that a Dispatch Confirmation is not sent due to a processing error, when we dispatch the Products to you) ("Contract"). If you require any information concerning your order please e-mail us at firstname.lastname@example.org, quoting your order number. We may not accept your order if a Product you have ordered is out of stock, if we have identified a Product or pricing error, or if we are unable to obtain authorisation for your payment. Please note that we reserve the right to reject any offer to purchase by you at any time.
Deliveries can be made worldwide. As all our parcels require a signature upon delivery, we are unable to deliver to PO Box addresses. If you have a question about delivery we will advise you if you email us at email@example.com
We will deliver the merchandise in accordance with the delivery option selected by you. Please view our delivery options below for full details and terms. Whenever referred to, working days exclude Saturday, Sunday and English bank holidays. Orders to one address may be delivered in one or more deliveries; however, you will incur only one delivery charge. If you have specified delivery to more than one address when placing your order, there is a separate charge for each destination address. Any delivery timescales are indicative only.
We are not responsible for delivery delays outside our control. If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
Upon delivery of the Products to you, we will provide you with sufficient information to enable you to exercise your statutory right of cancellation and to address any intended cancellation to the correct addressee or to return or exchange your Products. For further information, please see the Your cancellation right and the Your other statutory rights to return Products under the Consumer Rights Act 2015 sections within these T&Cs.
UK DELIVERY OPTIONS AND TERMS
Standard - £4
Free on all orders over £35
Delivery within 2-4 working days
EUROPEAN DELIVERY OPTIONS AND TERMS
Standard - £15
Free on all orders over £150
Delivery within 10 working days
We offer standard delivery to: [Albania, Andorra, Armenia, Austria, Azerbaijan, Belarus, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Guernsey, Hungary, Iceland, Ireland, Isle of Man, Italy, Jersey, Latvia, Liechtenstein, Lithuania, Luxembourg, Macedonia, Malta, Moldova, Monaco, Montenegro, the Netherlands, Norway, Poland, Portugal, Romania, Serbia, Slovakia, Spain, Sweden, Switzerland, Turkey, and Ukraine.]
Please be aware that deliveries outside the UK may be subject to customs, regulatory or legal restrictions. To comply with local legislation you or the shipping recipient may be required to pay additional taxes, fees or levies, import duty or formal customs entry may apply. We are unable to accept any responsibility for any charges incurred and are unable to offer any assistance or advice. We advise that you check with your local customs agent before placing an order.
International parcels cannot exceed 2kg.
You should inspect the Products upon receipt and check that everything specified on the delivery note is included. You will be deemed to have accepted the order unless you notify us otherwise and return the Products in accordance with your cancellation rights or other statutory rights (as referred to below).
Payment can be made through any of the following methods: Visa, Mastercard, and American Express.
You confirm that the credit or debit card being used is yours. Please note that all credit/debit cardholders are subject to validation checks and authorisation by the issuer of the card. If the issuer of your payment card refuses to pay or does not for any reason authorise payment to KoBeau, we will not be liable for any delay or non-delivery of Products. We retain the legal ownership of all Products until full payment has been made by you and received by us and legal ownership of the Products will immediately transfer back to us if we refund any payment for the Products to you. Risk in the Products transfers to you upon delivery.
14. Your cancellation rights
14.1 As you are a consumer, you have a legal right to cancel a Contract under the Consumer Contracts Regulations 2013 from the date of the Dispatch Confirmation until the date which is 14 days after you receive the Products. This means that during the relevant period if you change your mind or decide for any other reason that you do not want to receive or keep a Product, you can notify us of your decision to cancel the Contract and receive a refund.
14.2 Your right to return goods does not apply to goods (i) made to your specification; or (ii) which have been clearly personalised; or (iii) which by reason of their nature cannot be returned or are liable to deteriorate or expire rapidly; or (iv) where sealed goods have been supplied which are not suitable for return due to health protection or hygiene reasons, if they become unsealed after delivery.
14.3 To cancel a Contract, you just need to let us know that you have decided to cancel. The easiest way to do this is by e-mailing us at firstname.lastname@example.org. In any such e-mail or written communication, you must include details of your order, including your order number, to enable us to identify it. Your cancellation is effective from the date you send us the e-mail or post the letter to us.
14.4 If you cancel your Contract we will:
(a) Refund you the price you paid for the Products. However, please note we are permitted by law to reduce your refund 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 store. If we refund you the price paid before we are able to inspect the goods and later discover that you have handled them in an unacceptable way, you will be liable to pay to us an appropriate amount.
(b) Refund any delivery costs you have paid, although the maximum refund will be the cost of delivery by the least expensive delivery method we offer (as permitted by law).
(c) Make any refund due to you as soon as possible and in any event within 14 days after the day on which we receive the Products back from you or, if earlier, the day on which you provide us with evidence that you have sent the Products back to us.
(d) Refund you on the credit card or debit card used by you to pay. If you used vouchers to pay for the Products we may refund you in vouchers.
(e) Exchanges. If you indicate in your correspondence with us that you would rather receive an exchange than a refund then this will be processed within 7 working days of receiving your returned goods and will be delivered via standard delivery. In these circumstances, a new Contract will be deemed to have been formed between us in relation to the new Product you have selected (and your various rights of cancellation and return as set out herein will apply to that Product). In the event that we are not able to satisfy your request for an exchange then we will refund you the cost of the Products and the original Contract between us will be cancelled.
14.5 If a Product has been dispatched to you or you have received it before you decide to cancel your Contract:
(a) you must return it to us in its original packaging without undue delay and in any event no later than 14 days after the day on which you let us know that you wish to cancel the Contract;
(b) Products should be returned to the following address –
107-111 Fleet Street
(c) you should have regard to any labelling and packaging guidelines produced by Royal Mail or any other courier used;
(d) unless the Product is faulty or not as described you will be responsible for the cost of returning the Products to us;
(e) if sending by post, we recommend that you obtain proof of postage as we do not accept responsibility for items lost in transit; and
(f) if you cancel your order but do not return such goods to us within 14 working days of notifying us of cancellation, we shall be entitled to withhold payment of any refund.
15. Your other statutory rights to return Products under the Consumer Rights Act 2015
15.1 Because you are a consumer, we are under a legal duty to supply Products that are in conformity with the Contract. As a consumer, you have legal rights in relation to Products that are faulty or not as described. These legal rights (which are summarised in general terms below) are not affected by your right of return and refund in clause 15 (above) or anything else in these T&Cs.
15.2 The Consumer Rights Act 2015 states that goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your Products your legal rights entitle you to the following:
(a) Up to 30 days: if your goods are faulty, then you are entitled to an immediate refund.
(b) Up to 6 months: if your goods cannot be repaired or replaced, then you are entitled to a full refund in most cases.
(c) After 6 months (depending on the type of Product): if your goods do not last a reasonable length of time then you may be entitled to some money back.
All sale and promotional items have been displayed and available to buy at the original, higher price for at least 28 days online before being reduced to the reduced price stated either on the Site or in-store. Some items within the sale are promotional, therefore the prices of these items are subject to change and may increase after the sale period. Standard UK delivery of Sale purchases may take up to 7 working days. Sale items may take longer to arrive due to the volume of orders placed during our sale period. Please note that while all products remain in pristine condition, due to the nature of the sale some external packaging may appear slightly worn. Sale items cannot be gift wrapped. Please note that an item could go out of stock during checkout and your purchase is only confirmed once dispatched.
17. Our liability for loss or damage suffered by you
We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these T&Cs we will be responsible for loss or damage that you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill. 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).
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 16; and for defective Products under the Consumer Protection Act 1987.
We only supply Products for domestic and private use. You agree not to use the Products for any commercial, business or resale purposes. We have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
18. Questions and complaints
If you have any questions about these T&Cs or if you wish to contact us to complain about any matter in regard to the Products, please e-mail us at email@example.com.
If after contacting us and following our complaints procedure you still feel that your complaint has not been resolved satisfactorily, please access the Online Dispute Resolution platform.
19. Transfer of rights
We may transfer our rights and obligations under these T&Cs to another organisation and we will always notify you in writing if this happens (but this will not affect your rights or our obligations under these T&Cs). You may only transfer your rights or your obligations under these T&Cs to another person if we agree in writing.
20. Law, jurisdiction and language
This Site, any content contained herein and any contracts entered into as a result of usage of this Site are governed by English law. The parties to any such contract agree to submit to the exclusive jurisdiction of the courts of England and Wales. All contracts are concluded in English.
19 March 2018